Case details

Students: School district knew of coach’s unseemly behavior

SUMMARY

$750000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In the fall of 2015, two plaintiffs, 14-year-old students whose names were not disclosed other than their initials of N.R. and S.C., allegedly began to be sexually harassed, molested and abused by Justin Magdaleno, a teacher and head coach of the girls’ wrestling team at Nipomo High School,  in Nipomo. Additionally, during the 2015-to-2016 school year, another plaintiff, a 14-year-old student with the initials E.A., allegedly began to be sexually molested and abused by Magdaleno. In the fall of 2016, one of the students, N.R., complained to the Lucia Mar Unified School District about Magdaleno’s sexual harassment, physical abuse, and controlling and intimidating behavior toward female students. However, E.A. claimed that Magdaleno abused her again during the 2017-to-2018 school year, while N.R. and S.C. claimed that Magdaleno continued to abuse them until the three students complained again in October 2017. Ultimately, Magdaleno agreed to resign in October 2017. The three students, N.R., S.C. and E.A., sued Magdaleno and Lucia Mar Unified School District. The students alleged that Magdaleno’s actions constituted sexual battery, battery, assault, intentional infliction of emotional distress, and sexual harassment in violation of California Civil Code § 51.9. They also alleged that the school district’s action or inaction constituted a breach of its mandatory duty, in that the school district was negligent in the hiring, supervision and retention of Magdaleno. In addition, the students alleged that Magdaleno and the school district were negligent for creating a hostile educational environment in violation of California Education Code § 220. Two other lawsuits were filed against Magdaleno and Lucia Mar Unified School District, alleging similar things. A motion was pending to consolidate the cases, but the matters resolved prior to being consolidated. Magdaleno was dismissed from the case, and the matter continued against the school district. Plaintiffs’ counsel contended that Magdaleno’s behavior included tickling, touching the hair and massaging the shoulders of minor female students, including N.R., as well as slapping and unnecessarily touching of the buttocks of minor female students, including S.C. and E.A. Counsel also contended that Magdaleno stared at female students sexually, and commented on the size and shape of their buttocks. In addition, plaintiffs’ counsel contended that Magdaleno discouraged minor female students from dating anyone and demeaned anyone they dated. Plaintiffs’ counsel contended that one of the students, N.R., notified the school district of Magdaleno’s acts a year before complaints about Magdaleno were published in public news articles in October 2017. Counsel also contended that even before N.R. notified the school district, there were prior complaints and red flags about Magdaleno that the school district knew about. As a result, plaintiffs’ counsel asserted that after N.R. complained, the school district did nothing and that the school district did not act until the fall of 2017, when 10 students came forward with allegations against Magdaleno, including allegations of sexual assault and a hostile educational environment. Counsel further asserted that the school district allowed Magdaleno to retaliate against some of the complainants and then allowed Magdaleno to resign while the school district allegedly agreed to not disclose any of the allegations against Magdaleno to any future prospective employer.   Magdaleno and representatives of the school district denied the plaintiffs’ allegations. Magdaleno’s counsel contended that although the plaintiffs made various allegations, none of them were proven and that discovery suggested that most of what the plaintiffs said was either made up or grossly exaggerated. The school district’s counsel contended that the complaints to the school district in 2016 involved alleged verbal abuse and that the first complaints of sexual harassment came on Oct. 12, 2017. Counsel also contended that Magdaleno was given a formal letter of warning on Oct. 13, 2017, and that the school district began an investigation at that time. Counsel further contended that Magdaleno resigned from coaching on Oct. 18, 2017, and that Magdaleno was placed on administrative leave on that same date. In addition, counsel contended that Magdaleno remained on administrative leave during a Title IX investigation and that Magdaleno resigned from his position as a teacher on June 30, 2018. The school district’s counsel asserted that although the plaintiffs alleged that Magdaleno sexually harassed and molested them, those allegations were disputed. Counsel also noted that the sheriff’s department investigated the claims, but never filed any charges., The three students claimed that they were sexually assaulted and harassed. They also claimed that after Magdaleno resigned, they faced bullying from other students and administrators for the rest of their time at the high school. They also claimed that other members of the girls’ wrestling team blamed them for Magdaleno being removed and that they were called "liars." The students alleged that as a result of the incidents, they suffered from emotional distress. The plaintiffs sought recovery of damages for their emotional pain and suffering.
COURT
Superior Court of San Luis Obispo County, San Luis Obispo, CA

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