Case details
Student claimed school failed to investigate alleged rape
SUMMARY
$400000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
depression, emotional distress, mental, psychological
FACTS
In 2016, plaintiff Virginia M., 17, a high school student at C.K. McClatchy High School, in Sacramento, was escorted off campus after a fellow student told school officials a rumor about Virginia being gang-raped by two of her classmates at an off-campus party. Virginia was asked to stay home from school for the rest of the spring 2016 semester while rumors dissipated. The two suspects in the alleged rape were not disciplined or suspended. Virginia sued the principal of C.K. McClatchy High School, Matthew Schlager; a vice principal at the school, Iyuanna Pease; a counselor at the school, Megan Molina; a school social worker, Mirna Perez; a school resource officer, Joe Brown; and the employer of the school officials, the Sacramento City Unified School District. Virginia alleged that the defendants’ actions constituted violations of Title IX of the Education Amendments of 1972 and the district’s own policies regarding sexual assault. Brown and Molina were dismissed from the case, and the matter continued against the remaining defendants. Plaintiff’s counsel contended that there was no attempt by the school to investigate the incident and that Virginia was discouraged from taking legal action. Counsel also contended that Virginia was not provided psychological resources or counseling and that Virginia was not informed of her rights. Counsel further contended that Virginia was denied equal access to an education and that Virginia was not provided options for avoiding her alleged assailants at school, other than banning Virginia from school. Plaintiff’s counsel argued that the defendants were negligent for not conducting a Title IX investigation and for failing to take effective action to stop the bullying, threats and harassment that Virginia experienced when she returned to school. Counsel further argued that the school district abdicated their legal duties by delegating investigatory responsibility to Brown, who had no training on Title IX or on the district’s policies regarding sexual assault, and did not perform a Title IX investigation. Defense counsel disputed Virginia’s version of the events, and noted that Virginia did not report anything to anyone until someone else, who heard a rumor, reported it to school officials. Counsel contended that Virginia and her best friend went out to a party on a Friday night with a bottle of hard alcohol and that Virginia and her friend drank the alcohol and met some boys they knew. Virginia, her friend and two boys ended up at a house, where they continued to party, and, eventually, all four went to a room and had sex. Defense counsel contended that Virginia drank a lot and could not to recall what happened, but there was no evidence of Virginia being drugged. Counsel also contended that despite Virginia not recalling the incident, she told her best friend otherwise and that once Virginia’s mom found out, Virginia’s story changed to alleging sexual assault. In addition, defense counsel contended that the school resource officer, who was also an officer with the Sacramento Police Department, conducted a criminal investigation, but found that no crime could be proven and ultimately concluded that the sexual encounter was consensual., Virginia did not seek damages for the off-campus rape, but claimed that the defendants’ actions and inactions caused her further trauma. She alleged that by failing to adequately investigate the rape, failing to implement protective measures or accommodations, and failing to take steps to prevent and stop subsequent bullying and harassment, the defendants exacerbated her trauma from the rape and/or prevented her from healing and caused additional trauma. Virginia claimed that as a result of her trauma, her grades dropped from mostly Bs to Ds and Fs and that she had to quit her restaurant job, which helped support her family. She also claimed that she lost an unhealthy amount of weight and that her hygiene and sleep habits suffered. One month after the rape, Virginia attempted suicide, and she was involuntarily hospitalized for post-traumatic stress disorder and depression. Plaintiff’s counsel contended that Virginia’s suicide attempt came just days after school officials failed to provide a standard post-sexual-assault suicide assessment. Counsel also contended that Virginia is a childhood cancer survivor and that Virginia planned to go to nursing school, as she was inspired to be a nurse after her time in the hospital as a child. However, counsel contended that Virginia’s plans were delayed due to her deteriorating academic performance in her senior year. Virginia sought recovery of damages for her emotional pain and suffering, and recovery of lost wages as a result of her career plans being derailed. Defense counsel contended that Virginia did not suffer any trauma, as counsel denied there was any sexual assault. Counsel also contended that Virginia never reported to school officials any alleged harassment or bullying by other students. Counsel further contended that Virginia never asked her academic counselor for assistance until just before her graduation in June 2017 and that Virginia never sought counseling from the school counselor throughout her senior year. In addition, defense counsel contended that Virginia and her mom only asked to allow Virginia to finish the school year off campus and on independent study with two weeks left in the school year.
COURT
Superior Court of Sacramento County, Sacramento, CA
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