A lawsuit set to be filed Monday claims a boy was sexually assaulted and bullied by an older child on bus rides and at his Miami charter school.
The suit, being filed by attorney Jeff Herman, claims that beginning in 2011, the 7-year-old victim was continually bullied and threatened with sexual assault by an 11-year-old boy while en route to Downtown Miami Charter School.
The victim's mother reported the abuse to the driver of the bus, operated by Carmen Alvarez Bus Service, but the driver took no action, Herman claims.
"This is not a case where red flags were ignored. This is a case where an actual report of sexual assualt and bullying was ignored," Herman said.
Herman claims the 11-year-old later sexually assaulted the younger boy on the bus.
"It has been a nightmare. I would not want anybody to feel the way I feel. My child has mental health issues that will last throughout his life," said the mother, who didn't want to be identified.
When the mother told Downtown Miami Charter School Principal Rebecca Dinda of the assault, Dinda assured the mother that the abuse would stop and the boys would be separated and monitored, Herman said.
"And then he told them he was still being bullied by the kid. They assured the case worker and the mother it would stop. Unfortunately, it did not," Herman said.
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Despite the assurances, the boys came into contact in the bathroom at the school where the victim was sexually assaulted by the older boy two more times, Herman claims.
Herman said the 7-year-old boy even attempted suicide after the assaults continued.
Dinda didn't return calls to NBC 6 for comment. Jama Dock, spokeswoman for Charter Schools USA, which is also named in the lawsuit, said they haven't seen it and they're not in a position to discuss it until it's reviewed.
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State business records showed Carmen Alvarez Bus Service, which was based in North Bay Village, has been dissolved. NBC 6 was unable to reach the company Monday.
