Case details
School district missed signs of sexual abuse of student: suit
SUMMARY
$2100000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Beginning in 2015, the plaintiff, a 15-year-old male student at Crawford High School, engaged in sexual relations with his Spanish teacher and a volleyball coach, Toni Sutton, 36. The sexual relationship lasted for eight months before Sutton was sentenced to prison in 2016. The plaintiff sued Sutton and Sutton’s employer, the San Diego Unified School District. Sutton defaulted and did not appear at trial. The plaintiff claimed that Sutton groomed him for a sexual relationship by buying food for him, spending lots of time with him outside of class, and driving him to school. He alleged that Sutton had sex with him numerous times in her classroom with the door locked, during first period, when he was supposed to be in his assigned class. He also alleged that Sutton had sex with him at her home and in her car. Plaintiff’s counsel argued that the school district was negligent for failing to supervise Sutton and the plaintiff. Counsel contended that the district knew or should have known that Sutton had the plaintiff in her classroom during her preparation period and that the plaintiff had more than 60 unverified absences during his first period class during a single semester. Counsel also contended that although several district employees had known that the boy was missing class to be with Sutton in her classroom months before Sutton’s arrest and that Sutton’s emails stated that the employees did not take action to inquire further, report the same, or supervise her. Plaintiff’s counsel argued that Sutton was previously warned about sharing explicit personal details with students and was asked on multiple occasions to stop spending so much personal time in the classroom with students that were supposed to be in class, but that there was no follow up to ensure Sutton had stopped. Counsel further argued that the district never wrote up Sutton in the school site file or her personnel file, or officially disciplined Sutton for her questionable behavior. The plaintiff’s standard of care expert, who is also an educational leadership and student sexual abuse expert who evaluates school sexual misconduct policies, testified that, based on her report, the district’s policies and conduct did not meet the standard of care in preventing adult sexual abuse of students. Specifically, the expert noted that the policies and training that Crawford High School employees had access to did not detail how to identify and report behaviors that could be signs of adult-to-student sexual abuse. The expert also noted that the employees’ training omitted two important aspects of red flags and bystander responsibility in preventing the abuse. In addition, the expert testified that she found no evidence that students or parents had been trained on adult-student misconduct or sexual harassment. The defense’s standard of care expert opined that the district’s policies met the standard of care, relying largely on mandatory reporter duties., The plaintiff was sexually abused for eight months between 2015 and 2016. He claimed that he suffers from emotional distress as a result of the incidents. According to the plaintiff’s expert psychiatrist, the plaintiff suffered from depression, embarrassment and guilt in the months following Sutton’s arrest. The expert also diagnosed the plaintiff with post-traumatic stress disorder. The plaintiff, who was 19 years old at the time of trial, claimed that he will resume counseling for his continued emotional distress. The plaintiff sought recovery of future medical costs and damages for his past and future emotional pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA
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