Camera staff

BROOMFIELD — The parents of a former Aspen Creek K-8 student have filed a lawsuit against the Boulder Valley School District alleging their son was sexually assaulted by an older student at the school.

The lawsuit, filed May 24 in Boulder District Court, claims the 5-year-old boy was forced to repeatedly engage in oral and anal sex and "other sexual misconduct of an extreme sort" by an older student while locked in a boy's bathroom stall during an after-school child-care program. The alleged incidents occurred in November, and the lawsuit claims the parents of the boy were not notified until Jan. 29.

The lawsuit claims the principal of Aspen Creek was aware of similar incidents as early as September 2001.

BVSD officials could not be reached for comment before press time.

The lawsuit claims the school did not do enough to prevent the incidents and, once the school and district became aware of the incidents, failed to do enough to prevent further incidents from occurring. The lawsuit also claims an older child involved in the initial incidents was caught engaging in similar behavior March 20.

According to the lawsuit, the district conducted its own investigation into the matter but refused to provide the results to the parents. The older child was never removed from the school, according to the suit, and temporary measures taken to prevent future incidents were discontinued on Feb. 27.

In addition, the lawsuit claims the district hindered, limited and prevented proper care and treatment for the victim.

The boy's parents removed him from the school on March 28. The lawsuit is asking for expenses of moving the child to another school, long-term therapy for the boy and possible therapy for the parents. It also asks for damages for gross emotional distress and temporary and permanent psychological damage.

May 31, 2002

E-mail this story to a friend | Printer-friendly version