Mediation was attempted and failed in the lawsuit concerning a former second grade student at the Stanley Switlik Elementary school in Marathon, Florida. The parents allege the school did not protect their daughter and they are holding both the school and Monroe County School Board accountable.

According to paperwork filed in early May, no agreement was reached in mediation. The case is now expected to be put in front of a jury. So far, no trial date has been set.

According to information from the paperwork, the girl, identified as only Jane Doe No. 53, and her parents accused teachers and staff of harassing the girl when she complained about the actions of a boy, identified as only RA in the documents. According to the report, the harassment occurred between 2011 and 2014 and happened on school grounds.

The lawsuit was filed under Title IX and claims the school staff accused the girl of cyberbullying a third student. The school is also accused of forcing Jane Doe to sit near RA in the school’s cafeteria. The girl reportedly complained about the seating and told a cafeteria aide, who allegedly responded “If you do not like it you can eat you lunch at home.”

According to the report, abuse of the girl continued throughout the third and fourth grade. At one point, the girl chose to no longer wear skirts or shorts to school because of the physical and sexual harassment that was occurring.

This is not the first time this school board has faced legal issues. Earlier in May it paid more than half a million dollars to the family of an autistic student who was allegedly molested by a teacher.