A former Cape Henlopen High School student and her mother are alleging the school failed to take action against a staff member who inappropriately touched the then-student when she was 17 years old.
The lawsuit lists several complaints made over the years against Derek Dutton who worked in the school’s theater, but is not a licensed educator.
It then goes on to say Dutton reached down the back of the plaintiff Theresa Collins’s jeans in 2015, coming into contact with her buttocks and underwear.
The lawsuit was filed against Dutton, the Cape Henlopen Board of Education as well as school and district administrators.
It says Collins made an incident report with the school and with the district and was assured the police would be notified and actions would be taken against Dutton.
The lawsuit says the school board failed to follow through with those corrective measures.
It alleges nine counts against the defendants including assault and battery against Dutton, Title nine violation against the school board and gross negligence against all defendants.