Case details

Principal/superintendent sexually abused minor girls: suit

SUMMARY

$5400000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, psychology injuries, sexual abuse
FACTS
Throughout the 2013-2014 school year, five plaintiffs, all minor, female elementary school students at Orange Center Elementary, in Fresno, were called into the office of the principal and superintendent, Lance Clement. During each event, the students were alone with Clement in the office with the door closed for 30 to 45 minutes at a time. During those visits, Clement sexually abused each student. The incidents were discovered when a janitor cleaning the administration building after school hours on May 30, 2014 noticed that Clement’s office was locked, with the lights were off, but that upon knocking, the door was unlocked and a 10-year-old fifth-grader quickly exited Clement’s office. As a result, the janitor contacted Child Protective Services, and law enforcement conducted an investigation. After speaking with numerous students, a search warrant was served at Clement’s residence. However, as the search warrant was being served on June 6, 2014, Clement committed suicide. A later inspection of Clement’s office revealed that the hard drive had been removed from his desktop computer. The five minor students — consisting of a 10-year-old fifth-grader, 9-year-old fourth-grader, two 13-year-old seventh-graders, and a 14-year-old eighth-grader, acting through their respective guardians ad litem — brought separate actions against Clement’s estate and the Orange Center Elementary School District. One of the students also sued the Orange Center Elementary School District Board of Trustees. The girls alleged that they were sexually assaulted by Clement and that the school district failed to properly supervise Clement. The matters were ultimately consolidated. Plaintiffs’ counsel asserted a cause of action against the school district for negligence per se predicated on Orange Center’s employees’ failure to discharge their duties as mandated reporters, as defined under the Child Abuse and Neglect Reporting Act (Penal Code § 11164 et. seq.) Specifically, plaintiffs’ counsel contended that, in 2012 and 2013, two teachers contacted CPS over concerns of child abuse by Clement, but failed to do so correctly and in accordance with the requirements of mandated reporters. Counsel also contended that other teachers observed evidence that should have been sufficient enough to establish reasonable suspicion of child abuse, but failed to act upon the evidence. For example, plaintiffs’ counsel contended that Clement was repeatedly calling the minor girls into his office and meeting with them for extended periods of time with the door closed to his office. Counsel also contended that it was common knowledge that Clement was giving the plaintiffs candy, electronics, and cash. Counsel further contended that a female janitor saw five photographs of a young female dressed in a cheerleading uniform affixed to the inside of Clement’s personal bathroom door in September 2013, but she admitted during her deposition that she did not report it. In addition, plaintiffs’ counsel contended that numerous students referred to the plaintiffs as Clement’s “girlfriends” and that at least one student reported to school personnel that she was scared to go inside Clement’s office., The 10-year-old fifth-grader claimed that Clement sexually abused her by touching her groin and buttocks. She also claimed that Clement measured her height against the door frame to his bathroom inside his office, and measured her waist with a tape measure. The 9-year-old fourth-grader claimed that Clement sexually abused her multiple times by masturbating inside his office while in her presence, touching her buttocks, and rubbing his erection on her buttocks. One of the 13-year-old seventh-graders claimed that Clement refused to sign her report card to promote her to the eighth grade unless she allowed him to subject her to his unwanted sexual advances. The other 13-year-old seventh-grader claimed that Clement sexually abused her by forcing her to observe him masturbate inside his office and by rubbing her vagina for several seconds. The 14-year-old eighth-grader claimed that she was abused on approximately 80 occasions between January 2014 and May 2014. She claimed that during that time, Clement would force her to hug him by wrapping her legs around him while he held her, suspended in the air, with his hands on her buttocks. She also claimed that Clement forced her to lay down on a table while he proceeded to lift her shirt and touch her breasts and abdomen. She further claimed that, on multiple occasions, Clement would kiss her abdomen and force her to lower her pants and/or shorts so that he could probe her pelvic bones with his fingers. In addition, the eighth-grader claimed that on two occasions, when she passively resisted his advances, Clement cut her on her wrist with a box cutter and that on other occasions, Clement forced her to watch child and adult pornography that he had downloaded to his school computer, while seated on his lap, as he rubbed his erection on her buttocks. Thus, all of the plaintiffs claimed that they suffered psychology , including emotional distress, as a result of the sexual abuse and the school district’s failure to look into Clement’s suspicious behavior. They further claimed that they will all require future medical care, including psychotherapy.
COURT
Superior Court of Fresno County, Fresno, CA

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