(MARCELLUS) – A lawsuit has been filed against the Marcellus Community Schools.

Information obtained from the U.S. District Court of The Western District of Michigan says a Cass County family has filed the lawsuit, claiming that the Marcellus School District did not properly investigate the claims of an 11 year old student who says she was sexually abused by two of her classmates in the fifth grade. The alleged victim says she was held down by two other girls and touched inappropriately on at least five occasions in 2021.

During one of the incidents, the girl says she was restrained in a bathroom and injured her shoulder trying to get away.

The victim’s parents say they brought the matter to the Marcellus Elementary Schools Principal, and say that one of the girls involved was given a one day lunch detention.

The lawsuit claims that Marcellus Schools did not appropriately respond to the allegations of the victim, to protect their employees and hide their employees’ children’s misconduct, due to the girls accused of assaulting their classmate had family members who worked for the school district.

The lawsuit says the victim’s family did file a formal Title IX report in November 2021. The investigation took 155 days to complete, which is longer than the 120 day time frame allowed by the District’s Title IX policy. The lawsuit says Marcellus Superintendent Nanette Pauley determined the incident was not sexual assault but instead was sexual harassment.

The lawsuit says the girls involved in the incidents have never been disciplined, even though it was determined that misconduct did happen.

The lawsuit says the victim has been removed from Marcellus Schools and now is suffering from anxiety, PTSD and depression.