The family of a kindergartner allegedly molested by another kindergartner in a school bathroom has reached a tentative settlement with the San Diego Unified School District.
The girl said she was molested in a bathroom stall at Hamilton Elementary School in the City Heights area by a 6-year-old in 2013, according to a lawsuit filed by the girl’s family.
The lawsuit accused the school district of negligent supervision after the father reported the incident in March 2013 to school officials. Officials assured him that steps would be taken to protect his daughter.
But, according to the lawsuit, in July 2013, the 5-year-old said she continued to be molested by the same fellow student.
“It’s very difficult to hear your daughter saying something like this,” the father told NBC 7 San Diego in October 2013. “This other girl was putting her hands in her panties in the bathroom and just doing inappropriate things to her.”
The family’s attorney, Anna Yum, said the incident had escalated from bullying.
“She was molesting my client’s daughter and my client’s daughter felt barricaded in this bathroom stall where she felt she couldn’t get out because this other student was bigger than her,” Yum said.
On Tuesday, school district officials confirmed they’ve reached a tentative settlement with the family, which still needs to be approved by the school board.
School officials denied further comment.