Case details

School district failed to investigate complaints: plaintiffs

SUMMARY

$6200000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In February 2016, the plaintiffs, three female students, ages 9 to 10, were allegedly molested by Fernando Figueroa, a technology aide at Liberty Elementary School, in Riverside. The students claimed that the molestation incidents continued to occur until February 2017, when Figueroa was arrested for suspicion of child molestation, including oral sex with a child under 10. The three female students, by and through their respective guardians ad litem, sued Figueroa; Liberty Elementary School; and Figueroa’s employer, Riverside Unified School District. The plaintiffs later amended their lawsuit to include claims against the school’s principal, Esther Garcia, and the director of pupil services for the school district, Dr. Gary McGuire. The plaintiffs alleged that Figueroa’s actions constituted sexual assault and that the school district, its employees and the school were negligent in its hiring and supervision of Figueroa. They also alleged that the school district and its employees were negligent for failing to exercise ordinary care to protect students from being molested. Liberty Elementary School was operated by Riverside Unified School District, so the school was ultimately dismissed from the case. Plaintiffs’ counsel contended that the school district was failed to conduct an adequate background check, which would have revealed previous sexual misconduct allegations against Figueroa. Counsel also contended that the school district failed to investigate several complaints from parents and students about Figueroa’s inappropriate behavior. The school district claimed that it properly vetted Figueroa and that no red flags were identified that would have prevented him from being hired at Liberty Elementary School. The school district’s counsel noted that Figueroa submitted fingerprints and cleared the Department of Justice background check, which was conducted by both the school district and the Boys and Girls Club, prior to Figueroa being hired. Counsel also noted that Figueroa submitted two letters of recommendation from Liberty Elementary School employees, who commended Figueroa for his knowledge and strong work ethic. According to the district’s counsel, during the course of litigation, the parties discovered through the Riverside Police Department that Figueroa had been accused of sexual abuse against a family member while he was a minor and that there was no conviction. District employees in the Human Resource Department testified that a Department of Justice or an FBI background check would not have discovered a sealed juvenile record, much less an allegation of a person while they were a minor. As a result, defense counsel asserted that the school district performed the required background checks on Figueroa pursuant to the education code. In addition, defense counsel contended that Figueroa received positive reviews, “exceeding expectations,” throughout his employment and that no complaints were received from parents, staff or students concerning Figueroa’s behavior or work. Counsel further contended that the school district conducted annual sexual harassment and mandated reporter training for all employees and that no reports were made., The three minor students each claimed that they were sexually assaulted. They also claimed they suffer from resultant emotional distress. As a result, they underwent and/or continue to undergo counseling and therapy. The three plaintiffs sought recovery of damages for their past and future emotional pain and suffering.
COURT
Superior Court of Riverside County, Riverside, CA

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