OXFORD – A former Oxford Hills high school student is suing his former guidance counselor and Gay Straight Alliance leader, alleging he had sex with him.

According to a complaint filed at the Cumberland County Superior Court in Portland, Matthew Higgins, 20, of Portland, suffered “severe emotional distress” as a result of a sexual relationship with Craig Howland of Lovell, who he was living with at the time.

Howland never had criminal charges brought against him and now teaches at a middle school in Wolfeboro, N.H., according to a report published Monday in the Portland Press Herald.

Higgins is suing Oxford Hills Comprehensive High School in Paris, SAD 17, the town of Oxford, and Howland on six counts that include assault, negligence, and negligent infliction of emotional distress, intentional infliction of emotional distress, punitive damages and negligent hiring, training and supervision.

Neither Higgins nor Howland could be reached for comment Monday.

According to the complaint, Higgins was 16 and a sophomore at the school when he had a relationship with Howland from January to June of 2001. Howland was about 46 years old at the time, the complaint states.

Higgins had been kicked out of his home over the summer after telling his parents he was gay, the complaint states. He bounced between friends’ houses before eventually staying with a high school teacher and then Howland.

In early 2001, the complaint states, Howland made advances toward Higgins and the two had sex approximately eight to 11 times, according to the lawsuit. Their sexual relationship allegedly lasted until June 2001, when Higgins moved.

Higgins’ attorney, Sean Farris of Farris, Heselton, Ladd & Bobrowiecki of Gardiner, said in a phone interview that Howland and the school system had a responsibility to Higgins. Criminal law, he added, is set up to protect minors from such abuses.

Higgins brought his relationship with Howland to the attention of school authorities in 2002, Farris said, but no action was taken.

SAD 17 Superintendent Mark Eastman could not be reached for comment Monday, but Farris said that according to transcripts of a hearing held by school officials at the time, Higgins was questioned about his sexual history and asked to describe Howland’s genitalia in order to prove the sexual relationship had taken place. One school official asked, “Why should we believe you, given your lifestyle?'” Farris said.

Farris called the question “absurd.”

In defending male teachers in similar cases of alleged sexual misconduct involving students, he said, he often has been prohibited from questioning female students’ sexual histories. The real question, Farris said, “is whether or not a person is taking advantage of someone under age.”

Higgins’ complaint alleges that Howland’s age and position of authority were among factors that made Higgins “unable to legitimately consent to Craig’s actions.”

The school, school district and town of Oxford were responsible for the hiring, training and supervision of Howland, the complaint also states. The defendants “had a duty to implement contractual provisions and school policies, provide training and supervision that would prohibit sexual contact between staff and students.”

Higgins is suing for unspecified damages.

According to Farris, Howland had not responded to the complaint by Monday. He said a trial is not expected before August.