LIVINGSTON MANOR — The Livingston Manor Central School District is facing a lawsuit stemming from the alleged sexual assault of a seven-year-old girl by a 14-year-old male student.

The district and Superintendent John Evans are named as defendants in the lawsuit along with the 14-year-old male student and their legal guardian.

The lawsuit, filed in New York State Supreme Court on June 10, claims the 14-year-old student was allowed to escort the seven-year-old girl to their speech therapy class without adult supervision and that the assaults occurred in that speech classroom on multiple occasions in January. 

The lawsuit claims that the assaults, which involved touching of the genital regions, occurred within 10 feet of the speech therapist as the two students were sitting side by side.

The lawsuit claims that the district and superintendent were aware of prior complaints alleging “inappropriate conduct” and “sexual misconduct” by the 14-year-old student against other female students and “knew or should have known that it was dangerous, negligent and reckless to allow the defendant ... to escort to class and play with the seven-year-old female infant plaintiff.”

The lawsuit claims that the school district and superintendent did not obtain the permission and consent from the parents of the infant plaintiff to allow the 14-year-old male defendant to escort their daughter.

The lawsuit further alleges that the district “negligently and recklessly failed to warn the speech therapist of the known history of the defendant assaulting or being accused of assaulting or engaging in inappropriate conduct with other female students.”

Brett J. Nomberg of Brand Brand Nomberg and Rosenbaum, LLP is representing the plaintiffs in this case, saying the young girl suffered “assault, battery, psychological injuries, has been caused to lose time from school and avocational activities, required medical/psychological treatment, sustained loss of quality of life ...”

The Democrat reached out to the Livingston Manor Central School District and Superintendent Evans but did not receive a response as of presstime on Thursday. School districts routinely decline to comment on pending litigation.

As of Friday, the district released a statement from Supeintendent Evans saying, "As this is ongoing litigation, I am unable to comment at this time. The district will share information as appropriate as the litigation progresses."