OOLOGAH, Oklahoma - A former Oologah High School student and his parents filed a lawsuit against the district and a teacher who was indicted for having sex with a student.

The former student and his parents are named in the suit, but News On 6 is not identifying them because it is our policy not to name alleged victims of sexual assaults.

The family filed the lawsuit late Wednesday afternoon, at about the same time the former student was testifying in the preliminary hearing for the teacher, Kathryn "Katie" Wilmott, according to a copyrighted story in the Oologah Lake Leader.

A grand jury indicted Wilmott in May of 2016 on one count of second-degree rape.

The lawsuit accuses the school district of negligence and says the plaintiffs have suffered in excess of $75,000 in damages.  The plaintiffs claim Wilmott had a sexual relationship with the student beginning around December 2015 and lasting through at least February 2016. 

The lawsuit claims other students told school administrators and Oologah Police about the sexual relationship, but the suit says the district did not take action.

Court documents filed in the criminal case against Wilmott state the student was 17 at the time the alleged crimes took place. Under Oklahoma law, it's considered rape if a teacher has sex with a student, even if both parties consented, regardless of the student's age.

The district did not renew Wilmott's contract for the 2016/2017 school year. 

Wilmott's preliminary hearing in the criminal case is scheduled to resume in August. 

Read more in the Oologah Lake Leader