On Sept. 24, 2012, the plaintiff, a 14-year-old special needs student named Brennon, was sexually assaulted by another special needs student in a boys’ restroom on the campus of De Anza High School, in El Sobrante. Brennon sued De Anza High School; West Contra Costa Unified School District; and the school’s principal, Robert Evans. Brennon alleged that the defendants failed to properly supervise the students, resulting in the sexual assault. Evans and De Anza High School were ultimately dismissed from the case, and the matter continued against West Contra Costa Unified School District only. Plaintiff’s counsel contended that the perpetrator’s individualized education plan required supervision at all times, as well as an aide’s presence inside the restroom. Counsel also contended that the school district had actual knowledge of Brennon being susceptible to sexual assault, noting that Brennon’s mother previously informed the school of an incident where the same perpetrator pulled Brennon under a table and forcibly kissed him outside of school. Plaintiff’s counsel further contended that the school district also knew of two prior incidents of sexual assault on campus involving the same perpetrator, one of which occurred just days before the subject incident. In addition, counsel contended that the district was on notice that, as a whole, it had a hostile, sexually-charged environment due to an investigation by the U.S. Department of Education Office for Civil Rights, which concluded that West Contra Costa Unified School District was non-compliant with Title IX of the Education Amendments of 1972. Defense counsel disputed the relevance and admissibility of the alleged finding of the U.S. Department of Education Office for Civil Rights. Defense counsel contended that a classroom aide had escorted Brennon to the restroom and waited for him outside. The school district also disagreed as to the alleged individualized education program documents, then in effect, regarding whether the presence of an aide inside restrooms while Brennon and/or the alleged perpetrator were using them was required. Thus, defense counsel asserted that, without notice of any prior male-on-male incidents, the classroom aide’s escort of Brennon to the restroom was an appropriate means of supervising Brennon and respecting his privacy., Brennon was sexually assaulted by another special needs student inside a restroom at school. Following the incident, Brennon was seen by a professional forensic interviewer, and he received a medical and forensic examination. He also sought psychological counseling, and was interviewed and evaluated by doctors to develop a psychological treatment plan. However, Brennon, who is autistic and has low verbal skills, had the mental and emotional capacity of a 6- or 7-year-old child at the time of the incident. Thus, plaintiff’s counsel contended that, due to Brennon’s disability and youth, the full extent of the victim’s and damages is unknown.