CHICAGO (CBS) — A former Rich East High School special education student who claims he was sexually abused by another student in a gym locker room has filed a lawsuit against the school and Rich Township High School District 227.

The suit, filed by a “John Doe” in Cook County Circuit Court Thursday, holds the school and district responsible for the abuse.

According to the suit, John Doe was a minor and a developmentally delayed special education student at Rich East when he was sexually abused by another male student in a gym locker room on May 10, 2012.

The suit claims John Doe’s age and mental status made him unable to give consent to the “sexual touching and conduct of the other student.”

He told his parents about the abuse after school that day, at which point the parents reported the incident to police and school officials, according to the suit.

The suit claims the school and the district should have provided better supervision and security in order to prevent the attack.

The five-count suit charges the school and the district with battery, sexual battery, intentional infliction of severe emotional distress, failure to protect John Doe and failure to supervise the school.

The suit is seeking a total of more than $250,000 in damages.

Representatives from Rich East and District 227 could not immediately be reached for comment Thursday night.

(Source: Sun-Times Media Wire © Chicago Sun-Times 2014. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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