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The parents of a central Indiana boy are suing his school on the grounds that their son was subjected to 'horrific sexual abuse' by three second-grade classmates during school hours. 

The lawsuit filed last week in Delaware Circuit Court that identifies the alleged victim and his parents as Junior, John and Jane Doe, alleges the students' teacher and officials at Burris Laboratory School in Muncie knew the abuse was happening and failed to act on the warning they had been given.  

It also contends that the four eight-year-old boys had 'unfettered access to pornographic videos' that they downloaded on school computers and iPads and then 'acted out' on the alleged victim.

The defendants in the suit include Burris Laboratory School, the alleged victim's second-grade teacher, the three students who the parents claim violated their son, Ball State University - the institution that runs the school - and the university's board of trustees. 

But despite the controversial claims, Ball State spokesman Tony Proudfoot has spoken out saying the school 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,' he told the Muncie-Star Press.


According to the suit filed by attorneys on Friday, the Does received 'a a horrifying phone call' from the parent of another Burris student telling them that their son had been the victim of abuse in an incident on December 5. 


But it claimed, because "'teachers and administrators at Burris failed to inform the Does of the nature of the abuse,' the parents had not discovered 'the full extent of the sexual abuse' for days. 


When they did, they were shocked to find out that their son had been 'forced to give and receive oral sex and engage in inappropriate touching with other second-grade boys' in the schools facilities continually over a three-month period. 

'Ball State, Burris and (second-grade teacher Janis) Segedy allowed these students to freely use the restroom together unsupervised for lengthy periods of time in groups of three or four,' reads the lawsuit. 


It continues, claiming that when other students tried to warn the teach that some of the boys were 'doing things to other boys' private parts,' the teacher told them off for 'tattling'.


One of the students named as a defendant was required to go to the bathroom alone at his previous school owing to his 'inappropriate bathroom behavior,' and Burris school officials even knew this, charges the suit. 


Accusing the school of actively ignoring the abuse, attorneys wrote on behalf of the Does that their son has been 'deprived of access to the education opportunities and benefits' of Burris, and that by failing to act, the school has permitted 'peer-to-peer sexual harassment to occur without consequence, thereby emboldening abusers and harassers to continue to engage in such conduct.'


Mr Proudfoot acknowledged that Ball State learned in December 2011 of alleged inappropriate behavior among four second-graders at the school and that the school and law enforcement officials had been investigating accusations.


'These concerns were reported promptly by Burris to the Indiana Department of Child Services,' Proudfoot said. 'Local law enforcement was also involved in reviewing the matter.'


However, Proudfoot said the allegations in the lawsuit 'bear no resemblance to the evidence or results of the investigations of the university or those of the agencies to which it was reported.'


While Chief Deputy Prosecutor Judi Calhoun could not elaborate on how the 2011 allegations were resolved, she offered: '[It is} always an issue when we deal with very young people whether or not they actually possess the requisite intent to commit crimes.'

Ms Calhoun said Monday authorities had not uncovered evidence to support such claims that the events at Burris had not been reported in a timely and appropriate manner.


'If more information is available, we will look at it again,' she said.

The Does are now asking that a jury assess and determine the damages in the case.

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