Former student sues Naylor school district, former staff member over assault

A former Naylor R-II administrator and the school district face a civil lawsuit in relation to a 2015 sexual assault of a female student on campus.

The plaintiff worked with Parsons, Wilson and Baker Attorneys at Law in Dexter to file the lawsuit Sunday, according to court documents filed in Ripley County. The plaintiff is not being named because it is the Daily American Republic’s policy to not name victims of sexual crimes.

John Franklin Mullins, former Naylor R-II assistant principal, and the school district received summons for the lawsuit.

Mullins pleaded guilty in October to the unclassified felony of first-degree sodomy prior to standing trial.

According to earlier reporting, a then 16-year-old female reported to the Ripley County Sheriff’s Department that Mullins sexually assaulted her in a storage closet at the school during a ball game in 2015.

Presiding Circuit Judge Michael Pritchett sentenced Mullins to 15 years in prison in December.

The civil lawsuit, filed by attorney C.H. Parsons Jr., lists six counts against Mullins and R-II. Each count requests actual damages and $1 million in punitive damages.

The suit accuses administration with the school district of knowing of allegations of inappropriate sexual misconduct against Mullins by at least five female students dating back to the 2008-09 school year, but continuing to hire and promote him.

The plaintiff alleges she suffered injuries requiring medical attention from the sexual assault, along with emotional damage, embarrassment, fear, loss of sleep and distress.

Mullins allegedly “falsely imprisoned” the plaintiff in the storage closet while physically restraining her, which was “not justified” and was not “in conformity with district policy,” according to the first claim.

During the assault, Mullins allegedly “willfully touched” the plaintiff in her genital area, directed her hand to his penis and penetrated her, according to the second claim.

The lawsuit describes these as actions that “would be offensive to any reasonable person.”

Mullins, in his position as assistant principal, had a duty to ensure the school’s safety for its students, according to the lawsuit’s third claim.

This includes, it alleges, to ensure students are not “physically groped, sexually penetrated, physically restrained and/or restrained or detained in a closet by a teacher or administrator.”

The lawsuit also cites a duty for Mullins to ensure administrators, teachers and staff are “prepared and equipped” to deal with such situations and report them.

Mullins breached these duties, according to the lawsuit, by sexually assaulting the plaintiff and not reporting it.

Count four in the lawsuit alleges a breach of trust between the plaintiff and both defendants related to Mullins alleged actions and the district’s knowledge of prior incidents

The fifth count alleges negligence on the school district’s part for those same actions and “disregarding rumors” of Mullins’ behavior.

Count six addresses the school district’s alleged responsibility to ensure the safety of students, including the plaintiff, and protect them from “foreseeable and unreasonable risks or harm, including but not limited to sexual misconduct.”

Mullins and the school district have until Aug. 5 to respond to the issued summons.