A former student of the Los Angeles Unified School District (LAUSD) has filed a lawsuit against the district alleging that she was a victim of sexual abuse at the hands of her teacher starting in 2009. The abuse allegedly began in 2009.

The abuser is named in the lawsuit – Barry Smolin. He is an English teacher in the high school’s humanities magnet program (specifically, at Hamilton High School). According to the allegations, Smolin began grooming the victim when she was only 14 years old; the suit claims that Smolin gave her drugs and alcohol as well as money to by LSD.

The sexual abuse started when the victim was 16 years old. It occurred both in the classroom as well as off-campus. There are also allegations that other teachers at the school were aware of the sexual abuse that was occurring, but they failed to report it to either law enforcement or child protective services (it is important to note that teachers are required to report because they are considered mandated reporters).

The victim’s attorney claims that she has suffered severe trauma and is entitled to compensation for the sexual abuse that she endured.

The lawsuit was filed on Tuesday, May 4, 2021, in the Los Angeles Superior Court

Unfortunately, sexual abuse at schools is very common. Teachers, coaches, and other staff members take advantage of their position near children to harm them. The sexual abuse typically occurs at the hands of adults that these kids trust completely. It normally results in significant mental and emotional trauma.

Who is liable for sexual assault and abuse that happens in schools? In general, the school district is liable. Liability is based on the fact that school districts and schools, including all the teachers and other staff, have a duty to keep students safe. While teachers and staff deal with students on the day to day, they must keep an eye out for potential abuse both in the home and in the school and report it immediately. The district, on the other hand, has a duty to ensure that they are hiring staff that does not pose a threat to students. In other words, they have to ensure that their hiring process (screening, testing, etc.), supervising process, and even disciplining process is effective. When these parties breach the duty of care, they could contribute to sexual assault incidents and be liable for the resulting harm.

Because the district could be liable for the sexual abuse suffered by students at the hands of school faculty, they could be sued. If you are interested in learning more about your right to sue for sexual abuse that occurs at a school, do not hesitate to contact the experts at our firm as soon as possible.