Case details

Improper supervision led to sexual assault: special needs student

SUMMARY

$1450000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
psychological, sexual assault mental
FACTS
On May 30, 2012, the plaintiff, a 14-year-old special needs student named Joshua, was allegedly sexually assaulted by a 19-year-old special needs student during the lunch period while in an elevator on the campus of San Leandro High School. Joshua claimed that he and the perpetrator then returned to their classroom after two paraeducators came into the elevator, cutting the sexual assault short. Joshua sued San Leandro Unified School District; San Leandro High School; the school’s principal, Linda Granger; and the school’s assistant principal, Elisa Alvarez. Joshua alleged that the defendants were negligent in the supervision of the students. San Leandro High School was ultimately dismissed from the case. Plaintiff’s counsel contended that after being interrupted by the paraeducators, Joshua and the perpetrator were not asked any questions about the incident, and were allowed to leave the elevator and proceed together, unsupervised, to their classroom. Counsel also contended that the perpetrator remained in the same classroom with Joshua for the remainder of the day. Thus, plaintiff’s counsel asserted that the school district, Granger and Alvarez failed to properly supervise Joshua and protect him from foreseeable harm. Counsel also asserted that the school district, Granger and Alvarez were negligent for failing to adequately investigate and report the subject incident. Defense counsel denied any liability on the part of the school district, Granger and Alvarez. Counsel contended that when the paraeducators came into the elevator, they asked the students about what was going on, but that the two students rushed out of the elevator. Counsel also contended that Joshua and the perpetrator were separated in their classrooms after the alleged incident. In addition, defense counsel asserted that because the students were in the elevator for just minutes, reasonable supervision was provided by the school district and its staff., Joshua claimed he was sexually assaulted by a 19-year-old special needs student. After the alleged incident, Joshua was seen by a professional forensic interviewer at the Child Abuse Listening, Interviewing and Coordination Center, in San Leandro, and received a medical and forensic examination at Highland Hospital, in Oakland. He was also interviewed and evaluated by doctors from the Stanford University School of Medicine to develop a psychological treatment plan. Plaintiff’s counsel noted that Joshua is autistic, and has low verbal skills, partial paralysis in his left hand, and partial deafness on his left side. At the time of the incident, he had the mental capacity of an 8- or 9-year-old child. Thus, plaintiff’s counsel contended that due to Joshua’s disability and youth, the full extent of his and damages is unknown. However, counsel contended that Joshua will require future treatment.
COURT
Superior Court of Alameda County, Oakland, CA

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