Case details

School failed to provide her with a safe environment: student

SUMMARY

$15000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
sexual assault
FACTS
Beginning in 2010, plaintiff Yahaira Sanchez, 10, a student at El Cerrito Middle School, in Corona, was allegedly bullied and sexually harassed/battered by a fellow student over a period of approximately two years. In February 2012, at the age of 12, Yahaira reported the alleged incidents, and the school district subsequently expelled the fellow student. Antonio Sanchez, acting as Yahaira’s guardian ad litem, sued the Corona-Norco Unified School District. Antonio Sanchez alleged that the school district was generally negligent. He later amended the complaint to include specific allegations, arising under the California Constitution, of a breach of duty to protect students. Plaintiff’s counsel contended that the school district had a duty to protect students enrolled at a public school and that the school district had a constitutional duty to provide a safe school environment, in which all students have the inalienable right to attend campuses that are safe, secure and peaceful, pursuant to the California Constitution. However, counsel contended that the school district breached that duty. Defense counsel argued that it did not have actual notice of the acts alleged by Yahaira., Yahaira did not claim any specific residual physical or psychological injury. However, she sought recovery of general damages for her pain and suffering as a result of the school district allegedly failing to provide her with a safe school environment.
COURT
Superior Court of Riverside County, Riverside, CA

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