Boy sues over school restroom harassment

A child is suing the Kansas City School District, alleging an extreme case of restroom bullying.

The boy claims another student repeatedly sexually harassed and assaulted him during normal school hours and teachers did nothing to stop it.

The plaintiff attended Swinney Elementary School, according to a lawsuit filed Tuesday in Jackson County Circuit Court. Swinney Elementary, at 1106 W. 47^th St., closed this year as part of a districtwide consolidation effort.

Reached by phone, district spokeswoman Eileen Houston-Stewart declined to comment, saying it was against district policy to discuss pending litigation.

The alleged harassment occurred in a boys’ restroom from May 2009 through the end of that school year. The plaintiff claims a fellow student would climb under the bathroom stalls and sexually assault him and he suffers from anxiety, fear and depression as a result.

The plaintiff accuses teachers, paraprofessionals and school administrators of knowing about the “inappropriate and sexualized behavior of the perpetrator,” as well as “aggressive tendencies,” but still allowing the two boys to use the restroom at the same time.

Plaintiff’s attorney Anne Schiavone, of Holman Schiavone in Kansas City, didn’t immediately return a phone call.

The district faces a count of violating the state civil rights act. The lawsuit, filed by the boy’s mother on his behalf, seeks compensatory and punitive damages, as well as attorney fees.

The case is John Doe v. Kansas City Missouri School District. No case number has been assigned yet.