CHICAGO (CBS) — A woman has filed a federal lawsuit against the Chicago Public Schools and Chicago Board of Education, claiming school officials failed to protect her son, after learning the kindergartener was being sexually abused by a classmate.
The mother, who identified herself only as “John Doe’s Mother” to protect her child’s privacy, claimed her son’s teacher even embarrassed him in front of other students by accusing him of doing “nasty things” and threatening to cut off his penis.
According to the lawsuit, filed in federal court on Tuesday, the boy was 5 years old in January 2014, when a classmate sexually abused him in a restroom at Wendell Smith Elementary School in the Pullman neighborhood.
The lawsuit claims the kindergarten class has its own private restroom, but the boy’s teacher regularly allows her students to use a different bathroom, intended for older students, without adult supervision.
According to the lawsuit, another school employee informed the principal he heard boys fighting in the restroom, and when he went in to investigate, he found John Doe and another boy “naked from the waist down.”
John Doe’s mother said, after she learned the specific acts the other student forced her son to perform, she informed the principal, who held a conference with the parents of both children. The principal also allegedly reported the incident to the students’ teacher, the district, and the school board, but no action was taken to address the incident, or protect John Doe.