WEST CHESTER TWP. — Allegations of playground harassment of Lakota elementary school girls by two classmates have raised a controversial question:

At what age is a child sexually aware enough to be accused of sexual misconduct?

In the Lakota case, some parents say that between February and June, their then-second-grade daughters were sexually harassed by male classmates at Freedom Elementary School.

A parent of one of the boys disagrees, calling her son's actions horseplay.

“I don't believe it was sexual behavior,” the mother said Thursday. “It was regular playing on the playground — horseplay.”

Superintendent Kathleen Klink reprimanded Principal David Tobergte for his handling of the situation.

A letter from school officials to one of the girl's parents said the matter should have been “immediately and effectively communicated with parents of the children who were alleged to have been harassed or intimidated.”

Ten to 11 girls told their parents they were sexually touched and subjected to lewd comments by the two boys last school year, according to one girl's parents and police.

Mr. Tobergte said when the incident surfaced, he believed it was “bad behavior” on the part of the boys and talked with them about it at the request of the students' teacher.

Parents say a counselor spoke separately with some of the girls without notifying parents.

Two experts contacted by the Enquirer say it was a mistake for the counselor to talk with the girls about a sensitive subject like this without their parents' knowledge.

But they disagree on whether 8-year-olds understand the concept of sexual harassment.

Dr. Lisa Mills, a clinical child psychologist at Cincinnati Children's Hospital Medical Center, said 8-year-olds do recognize the difference between boys and girls and their genitalia.

“That is harassing behavior. That is sexual behavior,” Dr. Mills said. “Kids at that age can be pretty concrete.”

But Vicki Carr, director of the Arlitt Center and Family Research and Education Center at the University of Cincinnati, isn't so sure.

“I don't think at age 8, many kids would have the ability to grasp the concept of what was happening.

... (But) I am sure there are kids at age 8 that would know far more about that than we wish they did,” Ms. Carr said.

Under federal Title IX, students in schools that receive federal dollars are protected from sexual harassment.

While schools, including Lakota, have policies against harassment or intimidation by students or by adults, consequences vary.

“It's one of our more serious offenses,” said Jan Leslie, Cincinnati Public Schools spokeswoman. “We look at it on a case-by-case basis. (Punishment) is mandatory suspension and possible expulsion.”

West Chester Township Police Chief John Bruce said this week that his department is looking into the situation, including whether Mr. Tobergte or other school officials were required to report the alleged acts to authorities.

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