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1 Morgan A. Stewart, State Bar No. 209852 ELECTRONICALLY FILED
Courtney P. Pendry, State Bar No. 327382 Superior Court of California
2 MANLY, STEWART & FINALDI County of Santa Barbara
19100 Von Karman Ave., Suite 800 Darrel E. Parker, Executive Officer
3 Irvine, CA 92612 11/30/2020 5:13 PM
(949) 252-9990; (949) 252-9991
4 By: Elizabeth Spann, Deputy
Attorneys for Plaintiff,
5 JANE OB DOE, an individual
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SANTA BARBARA
10
11 JANE OB DOE, an individual, ) Case No.: 20CV03946
_______________
MANLY, STEWART & FINALDI
) Judge: _______________
12 ) Dept.: _______________
(714) 252-9990• Fax: (949) 252-9991
19100 Von Karman Ave., Suite 800
Plaintiff, )
13 ) COMPLAINT FOR DAMAGES FOR:
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v. )
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14 ) 1) NEGLIGENCE;
SANTA BARBARA UNIFIED SCHOOL ) 2) NEGLIGENT SUPERVISION;
15 DISTRICT; a business entity of form ) 3) NEGLIGENT HIRING/RETENTION;
unknown; MATEF HARMACHIS, an ) 4) NEGLIGENT FAILURE TO WARN
16 individual; and DOES 1 through 100, ) TRAIN OR EDUCATE;
) 5) NEGLIGENCE PER SE;
17 Defendants. ) 6) INTENTIONAL INFLICTION OF
) EMOTIONAL DISTRESS;
18 ) 7) ASSAULT;
) 8) SEXUAL BATTERY (C.C. § 1708.5);
19 ) 9) SEXUAL HARASSMENT (C.C. § 51.9)
) 10) GENDER VIOLENCE (C.C. § 52.4);
20 ) 11) BREACH OF FIDUCIARY DUTY;
) 12) CONSTRUCTIVE FRAUD (C.C. §
21 ) 1573);
) 13) PUBLIC ENTITY LIABILITY FOR
22 ) FAILURE TO PERFORM
) MANDATORY DUTY
23 )
)
24 ) [DEMAND FOR JURY TRIAL]
)
25 )
_____________________________________ )
26
27
28
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COMPLAINT FOR DAMAGES
1 COMES NOW, Plaintiffs JANE OB DOE, an individual, who for her Complaint, complains
2 and alleges as follows:
3 GENERAL ALLEGATIONS AS TO THE PARTIES
4 THE PARTIES
5 (PLAINTIFF)
6 1. Plaintiff JANE OB DOE (hereinafter “Plaintiff”) is a resident of the County of Santa
7 Barbara, State of California and was so at the time of the abuse alleged herein. The name used by
8 JANE OB DOE in this Complaint is not the actual name of JANE OB DOE, but is a fictitious
9 name utilized to protect the privacy of JANE OB DOE, a victim of childhood sexual harassment
10 and molestation. Plaintiff JANE OB DOE is a female, born on February 3, 2000, and was a minor
11 during the time of the sexual misconduct alleged herein. Plaintiff JANE OB DOE was a minor at
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12 the time of all incidents alleged herein.
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13 2. All pertinent claims arising out of the sexual abuse occurred after January 1, 2009.
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14 Pursuant to Government Code section 905(m), Plaintiff's claim is timely and exempted from the
15 government tort-claim filing requirement. As such, pursuant to California Government Code §
16 905(m), Plaintiff JANE OB DOE is specifically exempted from the claims presentation
17 requirements for her claims against Defendant SANTA BARBARA UNIFIED SCHOOL
18 DISTRICT (“SBUSD”), for the sexual harassment, molestation and abuse she suffered at the
19 hands of Defendants.
20 (DEFENDANTS)
21 3. Defendant SANTA BARBARA UNIFIED SCHOOL DISTRICT (hereinafter the
22 “SBUSD”), at all times mentioned herein was and is, a business entity of form unknown, having
23 its principal place of business in the County of Santa Barbara, State of California. The SBUSD
24 purposely conducts substantial educational business activities in the State of California, and was
25 the primary entity owning, operating and controlling Santa Barbara High School, employing
26 Defendant MATEF HARMACHIS, and responsible for monitoring and controlling his and other
27 employees activities and behavior.
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COMPLAINT FOR DAMAGES
1 4. Santa Barbara High School is a public educational institution in the SBUSD, operating as
2 a High School for students approximately 14 years of age through approximately 18 years of age.
3 5. Defendant MATEF HARMACHIS (hereinafter “HARMACHIS”) at all times mentioned
4 herein was and is an adult male individual, who Plaintiff is informed and believes, and on that
5 basis alleges, currently resides in the County of Santa Barbara, in the State of California. During
6 the period of time in which the childhood sexual harassment and abuse of Plaintiff JANE OB
7 DOE, alleged herein, took place, HARMACHIS was a teacher, mentor, and advisor at Santa
8 Barbara High School; employed by both the SBUSD and Santa Barbara High School. At all times
9 herein alleged, HARMACHIS was an employee, agent, and/or servant of the SBUSD and Santa
10 Barbara High School, and was under their complete control and/or active supervision.
11 6. Defendants DOES 1 through 100, inclusive, and each of them, are sued herein under said
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12 fictitious names. Plaintiff is ignorant as to the true names and capacities of DOE Defendants,
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13 whether individual, corporate, associate, or otherwise, and therefore sue said Defendants by such
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14 fictitious names. When their true names and capacities are ascertained, Plaintiff will request leave
15 of Court to amend this Complaint to state their true names and capacities herein.
16 7. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned
17 herein, each Defendant was responsible in some manner or capacity for the occurrences herein
18 alleged, and that Plaintiff's damages, as herein alleged, were proximately caused by all said
19 Defendants. Defendants SBUSD, HARMACHIS, and DOES 1-100 are sometimes collectively
20 referred to herein as “Defendants” and/or as “All Defendants”; such collective reference refers to
21 all specifically named Defendants.
22 8. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned
23 herein, there existed a unity of interest and ownership among Defendants and each of them, such
24 that any individuality and separateness between Defendants, and each of them, ceased to exist.
25 Defendants and each of them, were the successors-in-interest and/or alter egos of the other
26 Defendants, and each of them, in that they purchased, controlled, dominated and operated each
27 other without any separate identity, observation of formalities, or other manner of division. To
28 continue maintaining the facade of a separate and individual existence between and among
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COMPLAINT FOR DAMAGES
1 Defendants, and each of them, would serve to perpetrate a fraud and an injustice.
2 9. At all times mentioned herein, HARMACHIS was an adult teacher, mentor, and advisor
3 employee of both the SBUSD and Santa Barbara High School, acting as an employee, agent,
4 and/or servant of such and/or was under their complete control and/or supervision, as well as the
5 complete control of all administrative personnel of SBUSD and Santa Barbara High School.
6 HARMACHIS was employed as a teacher at the SBUSD and/or Santa Barbara High School.
7 HARMACHIS was hired by the SBUSD and Santa Barbara High School to serve as a teacher,
8 mentor, and advisor to minor high school students at Santa Barbara High School. In so doing, the
9 SBUSD and Santa Barbara High School held HARMACHIS out to the public, Plaintiff and
10 Plaintiff’s family to be of high ethical and moral repute, and to be in good standing with the
11 SBUSD, Santa Barbara High School, the State of California, and the public in general. In this
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12 capacity, HARMACHIS taught, mentored, and advised students regarding personal issues,
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13 academics, future employment prospects, and general emotional and psychological issues. Both
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14 the SBUSD and Santa Barbara High School held HARMACHIS out to the public, Plaintiff and
15 Plaintiff’s parents to be a highly-qualified teacher, mentor, and advisor who could and would
16 assist Plaintiff JANE OB DOE with working through personal and academic issues she faced.
17 Inherent in this representation was the understanding that HARMACHIS was a person of high
18 ethical and moral standing, selected to provide leadership, guidance, mentoring, and advising to
19 students, including Plaintiff JANE OB DOE. Plaintiff JANE OB DOE and her family reasonably
20 assumed that HARMACHIS was a person worthy of their trust.
21 10. Plaintiffs are informed and believe, and on that basis allege, that at all times mentioned
22 herein, Defendants and each of them, were the agents, representatives and/or employees of each
23 and every other Defendant. In doing the things hereinafter alleged, Defendants and each of them,
24 were acting within the course and scope of said alternative personality, capacity, identity, agency,
25 representation and/or employment and were within the scope of their authority, whether actual or
26 apparent.
27 11. Plaintiffs are informed and believe, and on that basis alleges, that at all times mentioned
28 herein, Defendants and each of them, were the trustees, partners, servants, joint venturers,
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COMPLAINT FOR DAMAGES
1 shareholders, contractors, and/or employees of each and every other Defendant, and the acts and
2 omissions herein alleged were done by them, acting individually, through such capacity and
3 within the scope of their authority, and with the permission and consent of each and every other
4 Defendant and that said conduct was thereafter ratified by each and every other Defendant, and
5 that each of them is jointly and severally liable to Plaintiff.
6 FACTUAL ALLEGATIONS APPLICABLE TO ALL CLAIMS
7 12. At all times material hereto, Plaintiff was a student attending Santa Barbara High School
8 within the SBUSD.
9 13. At all times material here to, Plaintiff was a student that lives within the school district
10 operated by SBUSD.
11 14. Upon information and belief, SBUSD hired HARMACHIS as a teacher to work at Santa
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12 Barbara High School, and appointed him as a teacher for classes, including history, government,
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13 and/or economics. It is through that position with SBUSD that he came to interact with Plaintiff
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14 JANE OB DOE.
15 15. Upon information and belief, HARMACHIS was supervised by, among others, SBUSD
16 Superintendent Cary Matsuoka, SBUSD Assistant Superintendent Dr. Frann Wageneck, Santa
17 Barbara High School Principal Alicia Saballa-Santana, Santa Barbara High School Interim
18 Principal Michael Gonzalez, and other Administrators.
19 16. At all times material hereto, HARMACHIS was employed by Santa Barbara High School
20 and the SBUSD as a teacher, mentor, and advisor. In such capacities, HARMACHIS was under
21 the direct supervision, employ, agency, and control of the SBUSD, Santa Barbara High School
22 and DOES 1-100. His employment duties and responsibilities with the named Defendants
23 included, in part, providing for the mentoring, advisory, educational, and emotional needs and
24 well-being of students of Santa Barbara High School and other children, including Plaintiff JANE
25 OB DOE.
26 17. On information and belief, HARMACHIS has an extensive history of disciplinary issues
27 within SBUSD related to inappropriate conduct with students. Specifically, in or around 2004
28 while HARMACHIS teaching at Dos Pueblos High School, he was involved in an altercation with
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COMPLAINT FOR DAMAGES
1 a student. During the investigation into this incident, it was discovered that HARMACHIS had
2 made several inappropriate sexual comments to various female students during the 2003-2004
3 school year. Thereafter, in or around 2005, SBUSD gave HARMACHIS a notice of
4 unprofessional conduct and unsatisfactory performance. Rather than terminating HARMACHIS,
5 SBUSD transferred HARMACHIS to Santa Barbara High School. In or around January 2005,
6 HARMACHIS again was disciplined for threatening a student and making inappropriate sexual
7 comments to numerous female students. On information and belief, it was at this time that SBUSD
8 was made aware that HARMACHIS was sexually grooming and abusing female students. In fact,
9 former SBUSD Superintendent, Brian Sarvis, publicly criticized HARMACHIS, calling him “a
10 detriment to students” and noting, “we cannot have Matef teaching high school students.”
11 18. Specifically, on information and belief, by and through its investigation of
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12 HARMACHIS, SBUSD knew or reasonably should have known that HARMACHIS was:
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13 a. Making sexually explicit and/or inappropriate comments to female students;
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14 b. Touching female students inappropriately;
15 c. Hugging female students;
16 d. Informing male students of what HARMACHIS could do with the female
17 students in his class “if [he] wanted to;” and
18 e. Openly encouraging female students to not wear bras to school;
19 19. In or around April 2005, SBUSD initiated proceedings seeking to dismiss HARMACHIS.
20 Although SBUSD reportedly spent nearly $1 million in the case against HARMACHIS,
21 ultimately, the Commission on Professional Competence determined that dismissal of
22 HARMACHIS was not warranted and HARMACHIS was reinstated at Santa Barbara High
23 School.
24 20. On information and belief, long before the sexual assault of Plaintiff, SBUSD knew or
25 reasonably should have known that HARMACHIS presented a danger to students and needed to
26 be removed from the classroom; however, SBUSD Administrators chose to ignore their legal,
27 ethical, and moral obligation to protect Plaintiff and other vulnerable students. Having already
28 spent nearly $1 million in an effort to dismiss HARMACHIS, SBUSD was no longer willing to
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COMPLAINT FOR DAMAGES
1 expend time or resources dealing with HARMACHIS. Accordingly, rather than segregating
2 HARMACHIS away from students, placing him in an administrative position, or placing
3 HARMACHIS under supervision, SBUSD permitted HARMACHIS to remain in the classroom
4 with students, wholly unsupervised. On information and belief, throughout his continued tenure at
5 Santa Barbara High School, SBUSD ignored continued reports of misconduct and predatory
6 behavior by HARMACHIS.
7 21. Through his positions with Santa Barbara High School and the SBUSD, HARMACHIS
8 was put into direct contact with Plaintiff JANE OB DOE, a student at Santa Barbara High School.
9 HARMACHIS was assigned to teach, mentor, and advise Plaintiff JANE OB DOE. It is under
10 these circumstances that Plaintiff came to be under the direction and control of HARMACHIS,
11 who used his position of authority and trust over Plaintiff JANE OB DOE to sexually abuse and
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12 harass her.
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13 22. On or around March 8, 2020, following the sexual assault and harassment of Plaintiff,
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14 HARMACHIS’ educator’s credentials were revoked due to misconduct.
15 23. At no point prior to the date of his arrest, did SBUSD, the Board of Education, and/or the
16 Superintendent undertake to:
17 a. Report HARMACHIS to Child Protective Services, as per the law;
18 b. Report HARMACHIS to law enforcement, as per the law;
19 c. Protect students from HARMACHIS’ sexual misconduct and behavior.
20 24. Instead of reporting, removing, or ceasing HARMACHIS’ behavior, SBUSD’s lack of
21 actions effectively emboldened HARMACHIS to engage in continued sexually inappropriate and
22 predatory behavior with female students.
23 25. Upon information and belief, SBUSD investigated HARMACHIS for sexual misconduct,
24 determined he was “a detriment to students,” but made the conscious choice to leave him in the
25 classroom around minors, providing him with the means and opportunity to sexually abuse,
26 assault, and harass female students, including the Plaintiff, on an ongoing basis.
27 FACTUAL ALLEGATIONS APPLICABLE TO THE PLAINTIFF
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COMPLAINT FOR DAMAGES
1 26. HARMACHIS did sexually harass, molest, and abuse Plaintiff JANE OB DOE, who was
2 a minor at the time. Such conduct was done for HARMACHIS’ sexual gratification, and was
3 performed on Plaintiff without her free consent, as Plaintiff JANE OB DOE was a minor and thus
4 unable to give valid, legal consent to such sexual acts. These actions upon Plaintiff JANE OB
5 DOE constituted conduct that is believed to be in violation of California Penal Code §§ 288(b)(1),
6 647.6(a)(1), and potentially other provisions. HARMACHIS has been placed on administrative
7 leave and has been formally charged with the crimes that he committed against Plaintiff JANE OB
8 DOE.
9 27. As a student at Santa Barbara High School and the SBUSD, where HARMACHIS was
10 employed and worked, Plaintiff JANE OB DOE was under HARMACHIS’ direct supervision,
11 care and control, thus creating a special relationship, fiduciary relationship, and/or special care
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12 relationship with Defendants, and each of them. Additionally, as a minor child under the custody,
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13 care and control of Defendants SBUSD, Defendant SBUSD stood in loco parentis with respect to
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14 Plaintiff JANE OB DOE while she was attending school and school-related functions at Santa
15 Barbara High School and the SBUSD. As the responsible parties and/or employers controlling
16 HARMACHIS, Defendant SBUSD was also in a special relationship with Plaintiff, and owed
17 special duties to Plaintiff JANE OB DOE.
18 28. Plaintiff is informed and believes, and on that basis allege, that Defendant SBUSD, knew
19 or should have known that HARMACHIS had engaged in unlawful sexually-related conduct with
20 minors in the past, and/or was continuing to engage in such conduct with Plaintiff JANE OB
21 DOE. Defendant SBUSD had a duty to disclose to these facts to Plaintiff JANE OB DOE, her
22 parents and others, but negligently and/or intentionally suppressed, concealed or failed to disclose
23 this information. The duty to disclose this information arose by the special, trusting, confidential,
24 fiduciary, and/or in loco parentis relationship between Defendants and Plaintiffs.
25 29. Defendant SBUSD failed to take reasonable steps and/or implement reasonable safeguards
26 to avoid acts of unlawful sexual conduct by HARMACHIS, including, but not limited to
27 preventing abuse of Plaintiff JANE OB DOE by HARMACHIS avoiding placement of
28 HARMACHIS in a function or environment in which contact with children is an inherent part of
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COMPLAINT FOR DAMAGES
1 that function or environment. Instead, Defendant SBUSD ignored and/or concealed the sexual
2 harassment and abuse of Plaintiff JANE OB DOE and others by HARMACHIS that had already
3 occurred. Plaintiff JANE OB DOE is informed and believes, and on that basis alleges, that
4 Defendants and each of them were given notice of incidents of inappropriate conduct by
5 HARMACHIS, including such facts as those set forth in this Complaint.
6 30. Plaintiff is informed and believes, on that basis allege, that prior to and during the sexual
7 harassment and abuse of Plaintiff JANE OB DOE, Defendants knew or should have known that
8 HARMACHIS had violated his role as a teacher, mentor, advisor and faculty member, and used
9 his position of authority and trust acting on behalf of Defendants to gain access to children,
10 including Plaintiff JANE OB DOE, on and off the school facilities and grounds of Santa Barbara
11 High School, in which he engaged in sexual misconduct, harassment and abuse, with such
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12 children including Plaintiff JANE OB DOE.
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13 31. With actual or constructive knowledge that Defendant HARMACHIS had previously
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14 engaged in dangerous and inappropriate conduct, including sexually harassing and abusing other
15 minors at Santa Barbara High School and other minors, Defendants conspired to and did
16 knowingly fail to take reasonable steps, and failed to implement reasonable safeguards to avoid
17 acts of unlawful sexual conduct in the future by HARMACHIS, including, but not limited to,
18 preventing or avoiding placement of HARMACHIS in a function or environment in which contact
19 with children is an inherent aspect of that function or environment.
20 32. Plaintiff further alleges that Defendants failed to report and did hide and conceal from
21 students, parents, teachers, law enforcement authorities, civil authorities and others, the true facts
22 and relevant information necessary to bring HARMACHIS to justice for the sexual misconduct he
23 committed with minors, as well as protect their fiduciaries, including Plaintiff JANE OB DOE.
24 Defendants also implemented various measures designed to, or which effectively, made
25 HARMACHIS’ conduct harder to detect including, but not limited to:
26 a. Permitting HARMACHIS to remain in a position of authority and trust after
27 Defendants knew or should have known that HARMACHIS was sexually abusing
28 and/or harassing students;
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COMPLAINT FOR DAMAGES
1 b. Placing HARMACHIS in a separate and secluded environment, including placing him
2 in charge of children, mentoring programs, advising programs, and youth programs
3 where they purported to supervise the children, which allowed him to sexually interact
4 with and sexually abuse children, including Plaintiff;
5 c. Allowing HARMACHIS to come into contact with minors, including Plaintiff,
6 without adequate supervision;
7 d. Failing to inform, or concealing from Plaintiff's parents and law enforcement officials
8 the fact that Plaintiff and others were or may have been sexually abused, after
9 Defendants knew or should have known that HARMACHIS may have been sexually
10 abusive and harassing towards Plaintiff or others, thereby enabling Plaintiff to
11 continue to be endangered and sexually harassed, abused, and/or creating the
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12 circumstance where Plaintiff and others were less likely to receive medical/mental
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13 health care and treatment, thus exacerbating the harm to Plaintiff;
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14 e. Holding out HARMACHIS to Plaintiff and her parents, students, and to the school
15 community as being in good standing and trustworthy;
16 f. Failing to take reasonable steps, and to implement reasonable safeguards to avoid acts
17 of unlawful sexual conduct by HARMACHIS with students, who were minor children;
18 and
19 g. Failing to put in place a system or procedure to supervise or monitor employees,
20 volunteers, representatives or agents to insure that they did not harass or abuse minors
21 in Defendants' care, including Plaintiff.
22 33. By his position within the Defendants' institutions, Defendants and HARMACHIS
23 demanded and required that Plaintiff respect HARMACHIS in his position of teacher, mentor, and
24 advisor at Santa Barbara High School and the SBUSD.
25 34. The incidents of abuse outlined herein took place while Plaintiff was under the control of
26 HARMACHIS, in his capacity and position as a teacher, mentor, and advisor at Santa Barbara
27 High School and the SBUSD, and while acting specifically on behalf of Defendants, including,
28 but not limited to, the following:
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COMPLAINT FOR DAMAGES
a. HARMACHIS was at all times relevant to this Complaint a teacher, mentor, and
1
advisor at Santa Barbara High School, an institution wholly operated by SBUSD.
2
b. While HARMACHIS sexually harassed and abused Plaintiff, Defendants were well
3
aware that HARMACHIS took an unusual interest, and spent an inordinate amount of
4
time with Plaintiff.
5
c. Beginning in or around 2016 through 2017, the perpetrator HARMACHIS sexually
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abused, harassed and molested the Plaintiff on the school premises, including within
7
his Santa Barbara High School classroom. This sexual abuse included, but is not
8
limited to: sexual talk and innuendo by HARMACHIS, biting Plaintiff’s ear, hugging
9
Plaintiff, and groping Plaintiff’s buttocks.
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35. As set forth more fully herein above, HARMACHIS did sexually harass and abuse
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Plaintiff, who was a minor at the time. Plaintiff JANE OB DOE is informed and believes, and on
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that basis alleges, that such conduct by Defendant HARMACHIS was based upon Plaintiff's
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gender, and was done for his sexual gratification. These actions upon Plaintiff JANE OB DOE
14
were performed by Defendant HARMACHIS without the free consent of Plaintiff, who was a
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minor during the abuse period.
16
36. Plaintiff is informed and believes, and on that basis alleges, that Defendants and each of
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them should have been aware of HARMACHIS’ wrongful conduct at or about the time it was
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occurring, and thereafter, but took no action to obstruct, inhibit or stop such continuing conduct,
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or to help Plaintiff JANE OB DOE endure the trauma from such conduct. Despite the authority
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and ability to do so, these Defendants negligently and/or willfully refused to, and/or did not, act
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effectively to stop the sexual assaults on Plaintiff JANE OB DOE, to inhibit or obstruct such
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abuse, or to protect Plaintiff JANE OB DOE from the results of that trauma.
23
37. During the period of abuse of Plaintiff at the hands of HARMACHIS, Defendants had the
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authority and the ability to obstruct or stop HARMACHIS’ sexual assaults on Plaintiff JANE OB
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DOE, but negligently and/or willfully failed to do so, thereby allowing the abuse to occur and to
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continue unabated. This failure was a part of Defendants' plan and arrangement to conceal
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wrongful acts, to avoid and inhibit detection, to block public disclosure, to avoid scandal, to avoid
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COMPLAINT FOR DAMAGES
the disclosure of their tolerance of child sexual harassment and abuse, to preserve a false
1
appearance of propriety, and to avoid investigation and action by public authority including law
2
enforcement. Plaintiff JANE OB DOE is informed and believes, and on that basis alleges, that
3
such actions were motivated by a desire to protect the reputation of Defendants and each of them,
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and to protect the monetary support of Defendants while fostering an environment where such
5
abuse could continue to occur.
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38. Subsequent to his sexual abuse at the hands of HARMACHIS, Plaintiff began to
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experience multiple mental, emotional and psychological problems, due to the sexual harassment
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and abuse she suffered at the hands of HARMACHIS, including, but not limited to: Plaintiff
9
JANE OB DOE being angry; Plaintiff JANE OB DOE experiencing frequent anxiety; Plaintiff
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JANE OB DOE experiencing depression; Plaintiff JANE OB DOE feeling helpless; Plaintiff
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JANE OB DOE experiencing sleeplessness; and Plaintiff JANE OB DOE having significant trust
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and control issues.
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39. As a direct result of the sexual harassment and abuse of Plaintiff JANE OB DOE by
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HARMACHIS, Plaintiff JANE OB DOE has difficulty in reasonably or meaningfully interacting
15
with others, including those in positions of authority over Plaintiff JANE OB DOE, including
16
supervisors, and in intimate, confidential and familial relationships, due to the trauma of childhood
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sexual harassment and abuse inflicted upon her by HARMACHIS. This inability to interact creates
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conflict with Plaintiff JANE OB DOE’s values of trust and confidence in others, and has caused
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Plaintiff JANE OB DOE substantial emotional distress, anxiety, nervousness and fear. As a direct
20
result of Plaintiff's abuse and harassment by HARMACHIS, Plaintiff JANE OB DOE experienced
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severe issues with her personal life, including issues with trust and difficulties in maintaining
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meaningful relationships, and difficulty with school. These feelings have caused Plaintiff JANE
23
OB DOE substantial emotional distress, anxiety, nervousness and fear.
24
40. As a direct and proximate result of the Defendants' tortuous acts, omissions, wrongful
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conduct and/or breaches of their duties, whether willful or negligent, Plaintiff JANE OB DOE’s
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employment and personal development has or will be adversely affected. Plaintiff JANE OB
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DOE has or will lose wages as a result of the abuse she suffered at the hands of Defendants, and
28
will continue to lose wages in an amount to be determined at trial. Plaintiff JANE OB DOE has
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suffered economic injury, all to Plaintiff JANE OB DOE’s general, special and consequential
1
damage in an amount to be proven at trial, but in no event less than the minimum jurisdictional
2
amount of this Court.
3
41. As is set forth herein, Defendants and each of them have failed to uphold numerous
4
mandatory duties imposed upon them by state and federal law, and by written policies and
5
procedures applicable to Defendants, including but not limited to the following:
6
* Duty to use reasonable care to protect students from known or foreseeable dangers
7
(Government Code §§ 820, 815.2);
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* Duty to refrain from taking official action that contradicts the provisions of Article 1,
9
section 28(c) of the California Constitution;
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* Duty to enact policies and procedures that are not in contravention of the Federal Civil
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Rights Act, section 1983, and the 14th Amendment of the United States Constitution;
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* Duty to protect students and staff, and provide adequate supervision;
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* Duty to ensure that any direction given to faculty and students is lawful, and that
14
adults act fairly, responsibly and respectfully towards faculty and students;
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* Duty to properly train teachers, athletic directors, athletic coaches, youth counselors,
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mentors, administrators, and staff so that they are aware of their individual
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responsibility for creating and maintaining a safe environment;
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* Duty to supervise faculty and students and enforce rules and regulations prescribed for
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schools, exercise reasonable control over students as is reasonably necessary to
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maintain order, protect property, or protect the health and safety of faculty and
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students or to maintain proper and appropriate conditions conducive to learning;
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* Duty to exercise careful supervision of the moral conditions in the school;
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* Duty to hold pupils to a strict account for their conduct on the way to and from school,
24
on the playgrounds or during recess;
25
* Duty to properly monitor students, prevent or correct harmful situations or call for
26
help when a situation is beyond their control;
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* Duty to ensure that personnel are actually on hand and supervising students;
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-13-
COMPLAINT FOR DAMAGES
* Duty to provide enough supervision to students;
1
* Duty to supervise diligently;
2
* Duty to act promptly and diligently and not ignore or minimize problems;
3
* Duty to refrain from violating Plaintiff's right to protection from bodily restraint or
4
harm, from personal insult, from defamation, and from injury to her personal relations
5
(Civil Code § 43);
6
* Duty to abstain from injuring the person or property of Plaintiff, or infringing upon
7
any of her rights (Civil Code § 1708);
8
* Duty to report suspected incidents of child abuse and more specific