Parents have filed a lawsuit against the San Diego Unified School District over its alleged inaction toward sex abuse and bullying of their 5-year-old son by kids nearly twice his age.
The claim alleges that the victim, a student at Miller Elementary School in Tierrasanta, was repeatedly cornered in the bathroom, forcibly undressed, and touched and hit in his private area and face by two 9-year-old kids.
The alleged incidents happened in gyms and bathrooms on campus at Miller Elementary and at the Murphy Canyon Youth Center during afterschool program activities.
The suit also claims the supervisors at both locations did nothing to intervene despite reports from the victim and multiple nurse visits for injuries to his face and groin, including multiple bloody noses.
According to the claim, the victim visited the nurse approximately 13 times in a two month period throughout April and May of 2017.
The victim’s parents say they repeatedly contacted the school and youth center and were told by the youth center’s regional director that the allegations would be investigated and that staff at both locations would be notified.
Two days after notifying the regional director, the parents talked to caregivers responsible for transporting their son from the school to the youth center, both located less than a mile apart on Santo Road, and they were unaware of the alleged incidents.
The parents also claim Miller Elementary’s vice principal denied the possibility of the bullying occurring because the 9-year-old students and 5-year-old students are kept separate.
The claim states that the victim’s mom picked him up from school and on three consecutive days she saw the kid accused of bullying and abusing her son standing in the same area as the kindergarten students.
As a result of the alleged abuse, according to the claim, the victim suffered physical and emotional injury and has had to seek psychiatric help, and his parents have missed work to care for him.
In response to a request for comment the school district said it does not comment on pending litigation.