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BLUE SPRINGS, Mo. – Parents of a Blues Springs student claim their daughter was sexually assaulted on an elementary school playground, and now they’re suing.

The lawsuit is a civil one because the sex acts happened between elementary school aged children, and criminal charges were never filed.

Court documents state that the sexual assault happened November 13, 2013 on the playground at Lucy Franklin Elementary School, while three teachers were supervising recess. During the incident another student instructed two girls to pull down their pants and perform sex acts on each other.  The documents say other classmates gathered around the girls in order to witness the acts, and that no supervising adult attempted to interject or stop the assault as it happened. The documents go on to state that one of the female students felt intimidated, frightened and assaulted by the other student.

Court documents state that the parents of one of the girls got a phone call from the vice principal telling them about the situation, saying, “this thing has happened before and there was no need to be alarmed.”

Then informing the parents that their daughter had been punished with an in-school suspension.

The parents however were alarmed not only that the incident happened, but that their daughter had been punished and that school administrators as mandatory reporters had not reported the incident to the children’s division.

Parents said they were surprised by the lawsuit and the allegations within.

“I volunteer here a bunch and um, I have never seen anything but the teachers trying to help out and make sure those kids are safe,” said elementary school parent Jennifer Curtis.

“I’m shocked by what I just read and if that’s really the case, that’s shocking, I just can’t understand how that wouldn’t be taken more seriously,” elementary school parent Ryan Broyles said.

“As a parent I’m disturbed, that doesn’t say much about our school system when they have that kind of reaction,” said middle school parent Jacob Bliss.

“I think you have to follow up on anything like that because it’s always possible and nowadays there isn’t anything that isn’t possible.” Jerry Adcock said.

The district, the three teachers, principal and vice-principal at the time are all named in the lawsuit.

The lawsuit was originally filed in Jackson County Court, but attorneys for the Blue Springs School District requested the suit be moved to federal court.

The family is asking for at least $100,000 in damages.

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