Jacqueline R. v. Rialto Unified School District, et al.
Published: Dec. 10, 2002 | Result Date: Oct. 28, 2002 | Filing Date: Jan. 1, 1900 |Case number: SCVSS079565 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Claudia McCulloch
(technical)
Defendant
Shirley Quinto
(technical)
Albert Nester
(technical)
Facts
Jacqueine R., the plaintiff, a 16-year-old student at Eisenhower High School in Rialto had, according to her expert, the mental capacity of a 5-year-old. She had previously been diagnosed with Fetal Alcohol Syndrome, mild mental retardation with a history of depression, rumination, self-mutilation and a host of other behavioral problems. While enrolled at Eisenhower High School, the plaintifff had a history of ditching class as well as engaging in dangerous sexual antics with boys off campus during school hours. In the Fall of 2000, she had twice complained about sexually harassing conduct by student Trivior H., but he was not disciplined due to a lack of supporting evidence. At a Nov. 29, 2000 Individualized Education Plan meeting between the plaintiff's mother, caretaker, caseworker and various District employees, the District agreed to provide greater supervision to Jacqueline in the form of (a) restricted use of hall passes, (b) an escort from her sixth period close to the schol bus stop, and (c) the use of an attendance card between classes in order to confirm her attendance. By Dec. 4, 2000, nine of the measures agreed to by the District had been put into place. On that date and during sixth period, the plaintiff was permitted to leave class unescorted to go to another classroom. Instead, she was lured off campus by Trivion H., where she claims she was raped in an apartment building adjacent to school. Trivion H. was later convicted of Penal Code Section 261.5 (c), unlawful intercourse with a minor.
Specials in Evidence
$2,700 for six psychological sessions
Deliberation
two days
Length
six days
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