Student Sues School District After Teacher Sexually Harasses Her

The following blog entry is written to illustrate an example of a sexual harassment case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)


According to court records: In early November 2007, during math class at XYZ Middle School, a part of defendant ABC Unified School District (ABC-USD), with defendant teacher Dan Barrett, minor plaintiff was walking back to her chair and was approached from behind by defendant Barrett. Defendant Barrett reportedly lifted plaintiff XYZide down and completely off the ground, holding plaintiff on or about her buttocks and positioning her head directly in his groin area, and shook her up and down several times in front of the class.

After the incident, plaintiff sat down and put her head down until class was over. She spoke with classmates who told her to report the incident. She said Cindy Williams, an administrator or assistant, said she would call plaintiff’s mother and notify school personnel. Williams instructed plaintiff to return to class.

Plaintiff said that in March 2008, she was waiting for her mother to pick her up from school, and while she was standing on school grounds, defendant Barrett approached her with a crossing sign in his hand. Plaintiff said he spoke to her about seeing her in class and then struck plaintiff on the buttocks with the sign and laughed as he walked away.

Plaintiff said that during a School Attendance Review Board meeting, she reported the incidents, but an administrator told her it was not the time or place to discuss such things.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Plaintiff alleged assault, battery, false imprisonment, intentional infliction of emotional distress, sexual harassment in violation of the Unruh Civil Rights Act, and violation of Education Code § 201(c) and212.5 against defendant Barrett and ABC-USD; negligence per se for violation of Penal Code § 11166 against defendants ABC-USD; negligent supervision, negligent training, negligent hiring/retention, and violation of Title IX against defendant ABC-USD; and violation of 42 U.S.C. § 1983 against defendant Barrett.

According to court records:

Emotional distress.

According to court records:

$1,870 medical expenses.

According to court records:

Not reported.

Verdict/Judgment: Settlement
Verdict/Judgment Amount: $145,000
The $145,000 settlement from defendant ABC-USD included $1,870 in medical expenses, $36,250 in attorney fees, and $7,320 in other expenses.
Trial Type: Settlement
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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