The mother of an 8-year-old student at a Chula Vista elementary school has filed a lawsuit against the school district claiming the school was negligent in its response to an alleged sexual assault on her son by another student.
NBC 7 spoke with the mother on Wednesday and heard the graphic details alleged in the claim and why she thinks the school could've handled it better.
In the lawsuit, she claims that her son was sexually assaulted in a bathroom at Enrique S. Camarena Elementary School on two separate occasions by the same student at the beginning of the school year.
The lawsuit alleges that on July 25, 2017, during lunch break, the boy left a "hickey" on the victim's chest and afterward told him, "Don't tell anyone or I won't be your friend or I'll beat you up."
The claim alleges that the victim vomited after the interaction.
Another alleged assault happened two days later. After both alleged assaults, the two boys were 15 minutes late to class.
"I just don't want it to happen to any other child or children," the victim's mother said. "Have bathroom duty, have someone that stands outside."
The lawsuit claims negligent supervision.
"The thing about this case is that it happened more than once," attorney Anna Yum said. "It happened two times, and these boys were missing for 15 minutes at a time, both days. The parents were not notified of this until after the fact."
The Chula Vista Elementary School District confirmed the claim last Thursday and said in a statement that it disputes many of the allegations.
The district also said that it responded appropriately to the alleged incident by immediately notifying law enforcement and Child Protective Services when it was first made aware of it.
Camarena Elementary’s principal, Jonathan Strout, sent a letter to parents last Wednesday that said the parents of the students involved in the alleged incident were immediately notified and that no other students were impacted.
The victim's mother told NBC 7 that she didn't learn about the incidents until her son came home and saw the marking on his chest.
The letter also said that due to student privacy laws, it couldn't reveal whether any disciplinary actions were taken last July.
"It's hard to say if you can ever really recover from this," the victim's mother said. "It's something that I don't think can ever be wiped away from his memory."
Chula Vista Police Department (CVPD) Lt. Thunberg told NBC 7 that the department initially took a report on the alleged incident but is not investigating it because no crime occurred.
CVPD has no involvement with the alleged incident at this time.