A civil lawsuit filed in Orange County Superior Court alleges a
special-needs student in the Capistrano Unified School District
was assaulted and molested aboard a school bus on multiple
occasions by another student last year.
The plaintiff, whose name was protected due to confidentiality
concerns, is described in the suit as a minor at Marco Forster
Middle School in San Juan Capistrano when the alleged incidents
occurred around June 2016. The Irvine-based Cifarelli Law Firm
is representing the plaintiff.
The 19-page suit, filed Aug. 21, alleges another student “groped
plaintiff’s breasts, without consent, forced plaintiff to sit on
student’s lap, and engaged in other physically harassing,
sexually battering, assaulting, and molesting conduct toward
plaintiff” aboard a school bus.
At the time of the alleged incident, a Capo Unified employee
“negligently failed to prevent the abuse or stop the sexual
abuse from occurring,” the suit alleges.
In addition, the suit alleges the district failed to properly
train its employees on how to supervise children with
disabilities and that the school bus driver didn’t prevent the
student from harming the plaintiff despite the acts “occurring
within the bus driver’s field of vision.”
“Schools are required to supervise their students at all times
to protect them from harm, including harm caused by other
students,” attorney Thomas Cifarelli said in an emailed
statement.
“That duty includes protecting students on the school bus,” he
continued. “We’ll prove that the school failed its
responsibilities, allowing my client to be sexually abused over
a prolonged period of time on two separate occasions.”
The suit seeks general damages, special damages and attorneys’
fees, among others.
The district declined comment on the suit through spokesman Ryan
Burris.
http://www.ocregister.com/2017/09/05/lawsuit-alleges-middle-
school-student-was-assaulted-and-molested-on-school-bus/