Case details
District should have seen signs of inappropriate behavior: student
SUMMARY
$375000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In May 2016, the plaintiff, a 16-year-old student at Washington High School, in Fremont, received a text message from Corine Audiat, 32, a physical education teacher at the school, stating that Audiat wanted to kiss him. Their interactions led to them having sexual relations at Audiat’s home in June 2016. Audiat was eventually arrested and convicted of one felony count of unlawful sexual intercourse with a minor and one felony count of oral copulation of a minor. The court also ordered Audiat to pay restitution for the therapy costs the student incurred as a result of the incident. The student, referenced as “John Doe,” in court filings, sued Audiat and Audiat’s employer, the Fremont Unified School District, which operated the high school. The plaintiff alleged that Audiat’s actions constituted sexual assault and that the school district was negligent in the supervision of Audiat and for failing to exercise ordinary care to protect students from being sexually assaulted. The plaintiff dismissed Audiat from the case on March 19, 2019, in exchange for several miscellaneous, non-monetary terms. Plaintiff’s counsel contended that Audiat groomed the plaintiff by flirting with him, texting him, hugging him and showing him other public displays of affection. Counsel asserted that the school district should have seen red flags that should have led to Audiat being reported earlier, but it did not pay attention to those signs. Plaintiff’s counsel further contended that before the June 2016 incident, Audiat texted a fellow employee within the school district about her relationship with the plaintiff, but the district employee failed to make any report to the authorities. The school district’s counsel asserted that Audiat was solely to blame for the plaintiff’s harm. Counsel contended that the school’s principal, physical education department chair, fellow physical education teachers, and co-workers did not observe any inappropriate contact between Audiat and the plaintiff. Counsel also contended that upon learning of Audiat’s arrest, the school district placed Audiat on unpaid administrative leave., The 16-year-old student claimed he suffers from post-traumatic stress disorder and emotional distress as a result of the incident. Specifically, he claimed that the events with Audiat have traumatized him. As a result, the plaintiff sought therapy shortly after Audiat was arrested in November 2016 and the plaintiff continues to engage in therapy. The plaintiff’s treating therapist did not formally diagnosis the plaintiff with any disorder from the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition. However, the plaintiff’s retained pediatric psychiatry expert diagnosed the plaintiff with post-traumatic stress disorder. The plaintiff sought recovery of damages for his past and future emotional pain and suffering. The district’s counsel asserted that the plaintiff was not harmed by the incident and that the plaintiff actually boasted about his encounters with Audiat to his friends.
COURT
Superior Court of Alameda County, Hayward, CA
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- speech
- subdural hematoma
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- traumatic brain injury
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