Officials in Fraser Public Schools failed to take action to prevent or stop illegal sexual contact between a male contract employee and a student for nine months despite observations of suspicious, inappropriate interactions between the two, according to a lawsuit.

The victim, who was 14 when the behavior began, through her mother filed a federal lawsuit last week against the school district, five administrators and the company that hired Robert Lindsay II, 27, who was convicted by plea in October 2024 of five counts of first-degree criminal sexual conduct and two counts of second degree criminal sexual conduct for his sexual relations with the girl.

Lindsay began working as the manager of the Fraser High School auditorium in September 2022 and had a physical relationship with the girl from January 2023 to October 2023, when he was arrested. He was sentenced last February in Macomb County Circuit Court to six to 50 years in prison.

The lawsuit says five school officials “knew of and observed the inappropriate sexual relationship develop and occur between Lindsay and Plaintiff. Despite this knowledge, these Defendants took no meaningful action to protect Plaintiff from ongoing sexual abuse.”

The lawsuit calls their “inaction … so egregious as to shock the conscience and constituted deliberate indifference to Plaintiff’s constitutional rights.”

“Throughout the period from January 2023 to October 2023, while the school officials were observing and documenting concerning behavior, Lindsay engaged in repeated acts of sexual abuse against Plaintiff, including sexual intercourse and other sexual acts, both at the school and at his home,” the complaint says.

The officials named as defendants in the complaint are high school Principal Ryan Sines, Assistant Principal Lindsay Samassa, Assistant Superintendent for Human Resources and Title IX Coordinator Kerry Terman, high school counselor Stacy Kalpin, and high school music teacher and Choir Director Nicholas Charland.

Also named is Edustaff LLC, a Grand Rapids-based company that provides staffing recommended to them by local school districts, including Lindsay for Fraser.

The lawsuit alleges the district violated Title IX under federal law that “prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance” and failed to properly train and supervise employees. It accuses the district and Edustaff of violating of the plaintiff’s civil rights under the state Elliott-Larsen Civil Rights Act that protects against sex discrimination. It says all five named individuals committed gross negligence and violated the girl’s due process, and that Samassa violated the girl’s First Amendment rights by telling her ‘she could not talk about what happened to her with Lindsay.’” Edustaff committed negligent “hiring supervision and retention,” the complaint says

Schools officials first learned of a potential inappropriate relationship between Lindsay and the girl in January 2023 after “performing arts staff had just noticed some behaviors that made them uncomfortable.” Sines and Charland met with Lindsay Jan. 24, 2023 “to discuss appropriate boundaries when working with students” but didn’t report the behavior to the girl’s parents, failed to “take any meaningful steps to monitor Lindsay’s interactions” with the student, didn’t implement a protection plan for the girl and failed to report the behavior to law enforcement as required, according to the lawsuit.

In February or March 2023, other staffers “approached Lindsay about his relationship with Plaintiff and other female students,” but school officials “failed to escalate these concerns, conduct a thorough investigation, or notify Plaintiff’s parents,” the lawsuit says.

By “at least Sept. 5, 2023, Samassa had witnessed inappropriate conduct between Lindsay and Plaintiff, … observed them standing/sitting too close together, appearing to flirt, and stated she had suspicions that something was going on between them,” and still did not take action at that time, according to the complaint.

Kalpin observed Lindsay and the victim were at a school event “sitting with their legs touching and behaving flirtatiously. Kalpin also noted concern that Plaintiff was repeatedly alone with Lindsay in the auditorium after school with no other students or adults present,” the lawsuit says.

In it plaintiff attorneys assert Lindsay and the girl engaged in sexual activities in Lindsay’s “makeshift office” in the makeup room as part of the auditorium, police said acts also took place at Lindsay’s home.

Terman failed to inform the girl’s parents, “implement a safety plan” or fire Lindsay after meeting with met with him Sept. 21, 2023, where Lindsay “claimed nothing was going on,” the lawsuit alleges.

Lindsay resigned eight days later and was arrested Oct. 20, 2023.

The plaintiff is seeking compensatory damages.

The girl “eventually left Fraser Public Schools and was forced to continue her education virtually due to ongoing emotional, psychological, and educational harm sustained as a result of Defendants’ conduct,” the complaint says. Harm included “disruption of her education, emotional distress; psychological trauma, damage to her parent-child relationship, loss of educational and school-based social opportunities, and other damages to be proven at trial,” the lawsuit says.

Fraser schools Superintendent Carrie Wozniak issued a statement that did not address the allegations.

“Fraser Public Schools just learned of a lawsuit filed against the district regarding the behaviors of a former Edustaff employee that left the district two years ago. The district does not comment on pending litigation; but will respond to the filing through legal counsel at the appropriate time. All questions should be directed at legal counsel.

“Fraser Public Schools is committed to preparing students to excel in a complex, interconnected, changing world. The district expects all staff to adhere to the highest ethical practices and conduct as they live out this commitment.”

The statement went on to say families who have questions or concerns can contact the Fraser Public Schools central office at 586-439-7000.

“Fraser Public Schools works closely with the Fraser Department of Public Safety (FDPS). The district is thankful for the ongoing strong partnership and shared goals to put safety first,” the statement said.

Lindsay’s six-year sentence was reduced from an initial eight years after Lindsay’s attorney, Joshua Van Laan, won an argument over a legal technicality related to the sentencing-guideline range.

Judge Julie Gatti, who watched a video of the victim’s interview with law enforcement, also made comments that supported a reduction. In response to arguments by Assistant Macomb Prosecutor Kelsey Heath that Lindsay “groomed” the girl, Gatti said the teen seemed to view Lindsay as a “peer.”

“I was struck by several of the things she said; she was very eloquent and described herself as being very mature,” Gatti said. “She said she felt safe with Mr. Lindsay, that they were both happy and that everything was on her terms.”

At Lindsay’s original sentencing, Gatti chided him for taking away the victim’s innocence, but at the second sentencing recanted that statement and said Lindsay “did not deflower” her.