TEMECULA - A Temecula family is contending their daughter was sexually harassed by her teacher at Great Oak High School and is asking a judge to award compensation for the emotional stress those actions have caused, according to a lawsuit filed in Riverside Superior Court on Tuesday.

Before the lawsuit may proceed, Judge Gloria Connor Trask is scheduled to rule on whether a damages claim submitted to the Temecula Valley Unified School District in October over the alleged harassment may stand despite being filed several months past a civil deadline for such matters.

The hearing is set for July 20.

The family's lawyer, Riverside attorney Kevin Riva, argues in court documents that precedent and state law allow late claims to be filed when dealing with a minor who has been harmed. The lawsuit, which has yet to be served on the district, is asking for damages in excess of $25,000.

Riva, nor Temecula district officials or their attorney could be reached for comment Wednesday.

The student's mother, identified in court documents only as Sheryl M., said in an interview Tuesday that the alleged harassment has caused much anxiety and stress for her daughter and the whole family. She said she and her husband agreed to file the lawsuit to stand up for their daughter, saying they believe it's the right thing to do.

The lawsuit states that from August 2004 to January 2005, the female student, who was a sophomore at the time, was harassed by her English teacher in a variety of ways.

The lawsuit claims the teacher, Tyson Newman, routinely used profanity in the classroom, explained academic lessons with sexual connotations and once had students, including the female student cited in the lawsuit, read from a George Carlin book that had sexually explicit content and derogatory phrases about women.

The lawsuit also alleges that in particular, Newman once complimented the female student cited in the lawsuit when she wore her hair differently, and in another instance, unzipped her sports jacket, exposing her clothed chest. Court documents also claim Newman continually touched the student's head "despite protests and without her consent."

Newman could not be reached for comment despite several phone calls and e-mails Wednesday.

Newman was the focus of a police investigation early last year after several female students complained about his behavior to school authorities.

According to the police investigation, Newman allegedly had students read from a George Carlin book with sexually explicit content, allowed profanity in the classroom, had touched a female student's back and hair, and had used a pet name to describe a female student's breasts, former Temecula Police Chief Jim Domenoe said in December 2005 in a written statement to The Californian.

In all, there were five female students who complained about these acts, Domenoe stated.

Domenoe said police had recommended that a child annoyance charge, a misdemeanor, be filed against the teacher. Ingrid Wyatt, spokeswoman for the district attorney's office, has said the office decided against filing charges against Newman, citing a "lack of sufficient evidence." She wouldn't go into further detail.

Three of the five female students involved in the investigation declined to be interviewed. The two who consented to an interview asked that their names not be used. They said the teacher's alleged comments and actions made them feel more and more uncomfortable over the course of the fall 2004 semester.

The students' parents, who had asked that their last names be withheld to protect their daughters' identities, said they believe the teacher went too far.

Newman did not teach at Great Oak High during the second half of the last school year, but returned in August to resume teaching.

According to a December 2004 article published in Great Oak High's student newspaper, which came out a little more than a month before police began their investigation, an article that focused entirely on Newman described him as a fourth-year teacher in his late 20s who has endeared himself to many students.

Students quoted in the article described him as "a cool guy" who "has a good, basic understanding of his students and therefore a good relationship with them."

The article goes on to state that "Newman is known to take dry lesson plans a step further in order to help kids actually learn. … He supplies thought-provoking questions and in-class discussions. … Newman is considered by most of his students to be one of the best teachers Great Oak has to offer."

Contact staff writer Jennifer Kabbany at (951) 676-4315, Ext. 2625, or jkabbany@californian.com.