A lawsuit was filed in federal court against the Palm Beach County School District after attorneys say a kindergarten student was sexually assaulted by classmates.
According to the victim's family, there were at least three assaults at Coral Sunset Elementary in suburban Boca Raton.
"I was in tears when I found out about this," the victim's father said.
He does not want his name used in fear his daughter will be identified.
At a news conference Tuesday, the lawyer representing the family said the principal should have done more to stop the assaults that they allege happened during the 2011-2012 school year.
"The first time it happened on the playground, the teacher found out and the little boy was sent to the principal. What should have happened is this little girl and boy should have never been left unsupervised again," attorney Jeff Herman said.
The school police department investigated, but no criminal charges were filed.
The Department of Children and Families also investigated. According to their spokeswoman: "There were no indicators and we provided the families involved with available services."
The Palm Beach County School District says it does not comment on pending litigation.
"The federal court worked because where someone is in a position and aware of an ongoing sexual assault like this principal and doesn't take action... that violates Title 9 and that is a federal law," Herman said.
The victim has since switched schools.