Burris Laboratory School in Muncie has been named in a personal injury lawsuit for subjecting a second-grade student to several instances of "horrific sexual abuse" as reported by the Indy Star.
The suit was filed by the victim, identified only as "Junior" and his parents, identified and John and Jane Doe, in Delaware Circuit Court 1.
A second-grade teacher, Ball State University and the university's board of trustees are also named in the suit.
The suit states, "Burris and Ball State's complete lack of supervision and institutional controls ... (8-year-old Junior Doe) was forced, on multiple occasions, to engage in explicit sex acts with other children and forced to perform oral sex on children his own age."
The "sexual abuse and molestation", according to the suit, occurred in the school's bathroom, library and the victim's classroom.
Burris students were also given an "unfettered access to the school Internet to view pornographic videos and then 'act out' the scenes on each other" according the complaint.
Police investigators, and Ball State, looked into the allegations in 2011. At that time BSU associate vice president for marketing and communications, Tony Proudfoot, said that the matter was handled due to the allegations of "inappropriate behavior among four elementary students at Burris."
Proudfoot added, "These concerns were reported promptly by Burris to the Indiana Department of Child Services. Local law enforcement was also involved in reviewing the matter."
Proudfoot also commented that the allegations that prompted the investigation are not related to the lawsuit. He said, "These concerns were reported promptly by Burris to the Indiana Department of Child Services. Local law enforcement was also involved in reviewing the matter. From this point forward, the university will vigorously defend these unwarranted allegations. Our commitment to the safety of students at Burris and the university are of paramount importance, and we fully expect the evidence to bear this out."
The lawsuit states that John and Jane Doe had been informed, via telephone from another parent at the school, that their son had been abused on December 5, 2011. After several days "the full extent of the sexual abuse" was revealed. Prior to that the "teachers and administrators at Burris failed to inform the Does of the nature of the abuse, even though Burris had knowledge of the horrific events."
Incidents of abuse listed in the lawsuit include the victim being "forced to give and receive oral sex and engage in inappropriate touching with other second-grade boys", teacher J.S. allowing "students to freely use the restroom together unsupervised for lengthy periods of time in groups of three or four" and when students tried to report what some of the boys were doing the teacher warned them to stop 'tattling.'"
Eleven incidents, over one three-month period, are included in the complaint.
The suit alleges that a "ring leader" was identified but the school failed to do anything, instead, Burris tried to "cover up" the incidents thereby creating "an environment of sexual indifference."
The family seeks a trial by jury to determine damages.
If you or your child has been harmed at school, or anywhere that others have been put in the role of caretaker, contact a personal injury lawyer right away.