Lawsuit: Waverly Community Schools failed to protect first-grader from sexual assault on bus

LANSING — A federal lawsuit filed Monday against Waverly Community Schools alleges the district failed to protect a first-grade girl from a sexual assault on a school bus, despite a documented history of aggressive and sexually inappropriate behavior by the older student accused in the attack.

The complaint, filed in the U.S. District Court for the Western District of Michigan, claims school officials had actual notice of the risks posed by the male student, a third grader, but demonstrated “deliberate indifference” by allowing him to sit next to the girl on a bus ride home in October 2025.

According to the filing, the third-grade student had displayed a pattern of “boundary-violating contact” and unwanted kissing attempts toward female students since the first grade.

The lawsuit alleges that staff at Elmwood Elementary School reported these concerns to administration, but the district’s response was to advance the boy to the second grade while instructing teachers to simply watch for similar behaviors.

The school district maintains the students are its first top priority.

In a statement to the Lansing City Pulse, Glenn Mitcham, superintendent of Waverly Community Schools said the district has “always put the needs of kids first.”

“While I cannot comment on individual cases due to confidentiality rules, I am very confident that Waverly Community Schools has always put the needs of kids first, especially when it comes to issues of inappropriate touch,” he said in the statement.

“All guidelines and rules associated with Title IX are strictly followed and support for students and families are put in place with the utmost care and concern. Kids and their families are who matter most to us and I know of no situations where this standard of care has been compromised.”

According to the State of Michigan,Title IX is a federal law — Education Amendments of 1972 — prohibiting sex-based discrimination in any education program or activity receiving federal funding. It requires schools, districts, and universities to ensure equal opportunity in athletics, academics and employment, while also addressing sexual harassment and violence.

According to the court filing, the situation reportedly escalated on Oct. 13, 2025, when the third grader was involved in a physical altercation on the bus with the girl’s brother. During that incident, the older student allegedly made repeated comments expressing an intent to “marry” the first-grade girl.

Despite this conflict, the lawsuit states the boy was permitted to ride the bus the following day without additional supervision or seating restrictions. On that afternoon, while the girl’s brother was staying late for a school activity, the third grader allegedly sat next to the girl, blocked her from the aisle, and subjected her to a 10-minute sexual assault and offensive touching.

“The bus driver failed to prevent, intervene or otherwise interrupt the assault,” the complaint states, noting that the incident was captured on the vehicle’s surveillance system.

Susanna Pratt, acting as conservator for the girl’s estate, is seeking more than $75,000 in damages. The lawsuit names the school district, Superintendent Glenn Mitcham, Elmwood Principal Rebecca Hager and Transportation Supervisor Mashaun Trossel as defendants, alongside the student accused of the assault.

The filing further alleges that the district failed to implement an effective safety plan following the report of the assault. The girl was reportedly forced to walk past the older student in the hallways and school office, where he allegedly stared at and intimidated her, creating what the lawsuit describes as a “sexually hostile educational environment.”

Legal claims in the complaint include violations of Title IX, the Elliott-Larsen Civil Rights Act and the constitutional right to bodily integrity. The plaintiff argues the district’s “deficient policies” regarding bus seating and the communication of threats were the result of the girl’s injuries.