Sixteen-year-old Anders Hemdal filed a federal civil rights suit last week against Schuylkill Valley School District, saying his four-day suspension wasn't appropriate because he did nothing wrong during a Spanish club trip in April.
Hemdal's suit says he and his then-girlfriend were humiliated when they learned of the recording. All three students were punished after the school learned of the tape.
Hemdal's suit claims he was punished for actions not prohibited in the school's code of conduct because the contact wasn't on school property. A student behavior slip Hemdal signed for the trip acknowledges sexual activity is cause to be sent home.
School officials did not immediately respond to an email seeking comment Monday.