NEWPORT -- A lawsuit on behalf of five Lincoln County elementary students accuses local school officials of failing to report and prevent "sexual harassment and assault" by a 6-year-old boy who they said touched their genitals, hit them in the crotch and exposed himself.



The federal suit, filed on Nov. 15, names as defendants: the Lincoln County School District; Susan Roebber, English for Speakers of Other Languages coordinator at Sam Case Primary School; teacher Wren Clark; and former principal Marsha Eckelman.



The suit says the school employees "knowingly created and enhanced the risk of violation" to the five boys and girls, then age 6 and 7, from fall of 2009 to spring of March 2010.



The lawsuit says "sexual touching" occurred in classrooms and on the playground. It contends that school officials knew about the behavior and did not notify the plaintiffs' parents about the "ongoing sexual molestation."



"This was an institutional failure to protect our kids," said Ken Ammann, attorney for the children. "We have a pattern of repeated sexual abuse, physical abuse, and bullying behavior, too, that went on for what I think is a very long period of time, that was brought to the attention of three people. Nothing was done to protect these kids or to stop the ongoing abusive behavior. Nothing was done to even advise the parents that this was and might be a problem."



Superintendent Tom Rinearson, in a press release Thursday, said the district has taken action. He said the district has "conducted additional training, reviewed its policies and made changes, where appropriate, to maximize its ability to prevent student-on-student misconduct and to raise awareness of issues relating to harassment and other student related concerns."



The case prompted Lincoln County prosecutors to take action against the school employees involved.



The three staff members all pleaded no contest to failure to report child abuse, a Class A violation, in April 2010 in Lincoln County Circuit Court. Each was fined $648.



"They did not comply with statutory requirement that they report child abuse," said Lincoln County Chief Deputy District Attorney Marcia Buckley. "They knew about it, but they didn't make the required reporting. As I recall, some of the folks felt if they reported it within the district that was good enough."



There was also concern for the 6-year-old accused of the harassment, Buckley said.



"Our concern was, this 6-year-old knew how to do these things," she said. "That's not normal. How did he learn that? He was exhibiting hypersexual behavior, and hypersexual behavior is a sign of abuse."



The 6-year-old boy's behavior came to light after one the parents heard about it, Ammann said. "That was sparked by the acting out from one of the kids. They went and talked to the people involved in the district and started to learn that the victims had been complaining about this for some time, and none of the parents were told."



The suit seeks economic damages for past and future medical and psychological care, as well as noneconomic damages, totaling about $2.9 million plus attorney and court costs.



Three of the students have left the school district, Ammann said. The parents of one of the two remaining students pulled the child from the school after learning the boy accused of the inappropriate behavior would be attending.



The district said it has continued to work with the families through their lawyers to resolve the dispute, according to the press release. "Unfortunately, the district's efforts have been unsuccessful so far. The district, through its insurance company and attorney, will continue working with the families through this process until the issue is resolved."



Ammann and Buckley, the prosecutor, called the case unusual.



Buckley said that after charging the educators with failure to report child abuse, she received calls from counties all over the state.



"It's not something you see prosecuted, and I think we were one of the first counties to prosecute it," she said. "My only thing, it was the equivalent of a Class A violation. The punchline is when it's a violation you don't get jail time, you get a fine."



Ammann said he can't understand the "complete failure" by the staff to act.



"It's not that they took good action, it just was little or no action," Amman said. "One victim was told not to be a tattletale. It was a very uncaring attitude that I simply don't understand."



-- Lori Tobias





