Fifth graders claim sexual contact

Ed Koch and Emily Richmond

Tuesday, Oct. 28, 2003 | 11:28 a.m.

Six students at David M. Cox Elementary School in Henderson have reported being inappropriately touched by a photographer during a portrait sitting on campus Friday, triggering an investigation by Clark County School District police.

Five girls and one boy have come forward to talk to authorities about the incident at the school at 280 Clark Drive near Pecos and Robindale roads. School police are investigating whether a felony -- lewdness with a child under age 14 -- was committed.

In addition, the photography company that was hired for the portrait shoot may not be licensed by any local government entity and apparently did not provide school officials with either an address or phone number -- a situation that has caused parents to question whether any background check was conducted.

Principal David Price said this morning the incident allegedly occurred in the school's music room, where a photography company had set up shop.

Price, who was out of town Friday, said his staff reported at least 30 students, six parent volunteers and the two photographers were in the music room for each photo session. The school has 807 students.

"There was a lot of activity going on," Price said.

By reporting the incident the girl did the right thing, Price said. The school's counselor has talked with classes in the past about "good touch, bad touch" scenarios and how to respond, Price said.

"In my 40-plus years in the business I have found that kids don't make these things up -- kids tell the truth," Price said. "But there's always an exception, and we're being sensitive about this."

America's School Portraits was selected to do the portraits after making a presentation at the school, Price said. While all students sit for a portrait, parents are not obligated to buy prints, he said.

No telephone listing, address or business license for the portrait company could be located this morning.

Darnell Couthen, spokesman for school district police, said some confusion surrounds the exact name of the photography company and that several variations of names have been given to investigators.

If investigators determine a felony may have occurred, the matter will be turned over to Henderson Police, Couthen said.

Attempts by school police to reach the photographers have so far been unsuccessful, Couthen said.

"We are trying to track them down," Couthen said.

The investigation is still in the early stages but preliminary reports indicate other adults were in the music room with the children when the photographers were taking the pictures, Couthen said. School staff, along with parents who were helping out with the fund-raiser, are being interviewed, Couthen said.

The father of one of the alleged victims said this morning his daughter told him that parents and teachers were in an adjacent room and not present during the photo shoot. He said following the photo session, his daughter spoke with a few other girls who said they had also been inappropriately touched.

The girl reported the incident to her mother Friday evening when she was unable to sleep, the father said. When he was told of the incident by the girl's mother, he contacted Henderson Police but was referred to the school district.

The mother of the girl said today that her daughter told her she was posing with her hands on her thighs when the younger of the two photographers said that was not what he wanted. He asked the girl to put her hands on his hand, and then lowered his hand on to the girl's crotch, the girl told her mother.

The other children told the girl they were touched on the breast area, the mother said.

"There was no need to do any touching because these were portraits -- head shots," the mother said, noting that her daughter was not offered psychological counseling when she returned to school Monday. "It didn't matter where their hands were."

The photography firm was recommended by the PTA, the father said, but he was unable to get any contact information from the school. "Who are these people?" the father asked. "I think it is outrageous that I can call the school and not be able to get a phone number for a company that came to the school to take photographs of the children."

Walt Rulffes, deputy superintendent of operations for the district, said individual schools find their own photography firms to handle yearbook photos or fund-raisers.

"We encourage schools to use good business practices," Rulffes said. "They should have competitive bids, and if providers are going to be co-mingling with the students, there should be some security. They should also make sure companies don't use employees that may have been convicted of a child-related crime."

Parents of children who were not victimized expressed anger today after hearing about the incident.

"It's another one of these kinds of stories that happen too frequently," said Jin Kim-Welch, who drives her two children to Cox each morning. "I did not want my children to have these pictures taken, but I had no choice. If it were up to me I would take them (to a photography studio) myself."

Chelo Luna, who walks her first-grade son to Cox, said she wanted more answers from the school.

"I do not understand how something like this can happen with so many adults in the room," Luna said.