A Chapel Hill private school has rejected allegations that staff mishandled sexual assaults and harassment involving kindergarten students that were reported on campus last year.
Three families at Emerson Waldorf School filed a lawsuit in January alleging that at least three incidents were reported during the 2023-24 school year involving a kindergarten student whose mother works at the school.
School officials announced a fourth incident in March, according to a school email obtained this month by The News & Observer.
The student accused of initiating the incidents left the school last year.
A Jan. 29 lawsuit filed in Orange County Superior Court claims the school was slow to notify parents and law enforcement, failed to launch a required federal Title IX investigation, and did not take corrective action, exposing other students to harassment and assault.
It also claims Waldorf ideology and Association of Waldorf Schools of North America training fosters a climate that accepts sexual assault and harassment and discourages administrators and staff from contacting law enforcement.
The lawsuit accuses The Waldorf Educational Association of North Carolina, the Association of Waldorf Schools of North America, Emerson Waldorf director of education Colleen Everhart and other school staff of gross negligence and intentionally inflicting emotional distress on students.
On April 25, Everhart acknowledged that students need supervision in her response to the lawsuit, but denied personal negligence or liability for potential damages. The parents behind the lawsuit “are not entitled to any damages or relief,” she said.
Everhart and the other defendants, including the parent of the accused student, have asked a judge to dismiss the lawsuit and order the parents who sued to pay the defendants’ attorney fees and court costs.
The families who sued have accused school employees of gross negligence in their handling of inappropriate incidents involving their kindergarten-age children and a classmate.
The parent of the student at the center of the cases works at the school and also was named in the lawsuit.
On April 10, Everhart and the Emerson Waldorf School Board Executive Committee emailed parents about a fourth “incident of inappropriate sexual behavior” among kindergarten students in the fall of 2023.
All of the children were 5 and 6 years old when the behavior was reported. The first incident was reported in October 2023, and two more were reported in May 2024.
The parents of the latest victim told the school about the incident in March.
The school formed a student support team to meet with teachers and parents, the email from the school said, and reported the incident to law enforcement and the Department of Social Services. It is also improving campus safety, reminding students of classroom agreements, and training teachers on appropriate supervision, safe touch and boundaries, officials said,
“We recognize the importance of trust and our shared commitment to your children’s well-being,” the email says. “We are also committed to being as transparent with you as possible while maintaining privacy and confidentiality of those directly involved.”
The school’s board has declined to address the lawsuit’s claims, but said in a statement that school employees did not act “negligently or improperly in connection with the incidents and EWS’s response to those incidents.”
On Monday, attorneys representing both sides in the lawsuit won a motion in Orange County Superior Court to seal the original copy of the lawsuit, which was filed in December and names the affected parents and identifies their children by initials.
A new copy of the lawsuit was filed in January that replaced the names and initials with letters.
Everhart, director of administration Michelle Fridman, and the Waldorf Educational Association of North Carolina have also filed a petition asking a judge to remove any court files that include “redundant, irrelevant, immaterial, impertinent or scandalous matter.”
That includes claims that Emerson Waldorf and its staff “encouraged sexual deviance among kindergarten students,” according to Everhart’s court filing.
“The allegation that EWS and its personnel encouraged sexual deviance among kindergarten students is a quintessential example of a ‘scandalous matter,’” it says. “Similarly, referring to a 6-year-old child as a perpetrator of sexual assaults is both impertinent and scandalous.”
Everhart’s attorney noted in the document that a kindergarten student kissing another student is not considered sexual harassment or assault, and does not warrant a Title IX investigation.
In her motion to be removed from the lawsuit, school therapist Kelli Underwood claims state law does not require her to file a report with the Department of Social Services or law enforcement because the incidents involved kindergarten-age students.
Underwood clarified that she is an independent contractor who provides the school with training and consulting services, and claims to have been targeted for failing “to report sexually reactive behavior between and amongst kindergarten students,” the document says.
The incidents reported in 2023-24 include kissing on the playground, poking a girl in her private area with sticks, inappropriate touching, and oral sex. Everhart claimed in her court filing that the students’ stories in each of the three incidents were inconsistent.
The document says Emerson Waldorf teacher Robin Olson contacted the boys’ parents in an Oct. 10, 2023, incident to tell them what happened, and parents contacted the school in the May 2024 cases.
State law does not make an exception to the mandatory reporting requirement based on the age of the perpetrator. Someone who fails to report a suspected assault can be charged with a misdemeanor, although the law does exclude some professionals, including therapists, social workers and mental health counselors.
Orange County Sheriff’s Office records show Everhart filed a report in each case, although some were filed days or weeks after the incident occurred. Everhart denied the lawsuit’s claim that staff failed to protect students, notify parents or launch Title IX investigations.
She also denied knowledge of any physical, emotional or mental harm experienced by students involved in the incidents and said she does not owe anyone “for financial loss, physical harm, humiliation, mental anguish, and emotional distress and punitive damages.”
In a court document, Everhart and Underwood said they conducted psychological evaluations for three boys involved in the incidents and recommended further evaluation “for problematic childhood sexual behaviors by licensed, qualified therapists.”
The document notes at least two students attended a 12-week program for behavioral issues.
This story was originally published April 30, 2025 at 8:28 AM.
TG
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Tammy Grubb has written about Orange County’s politics, people and government since 2010. She is a UNC-Chapel Hill alumna and has lived and worked in the Triangle for over 30 years.