The mother of a special needs student at Dos Pueblos High School is suing the Santa Barbara Unified School District, its board, and three para-educators over allegations that her son was sexually abused at school.
The civil complaint, filed by The Veen Firm in Santa Barbara Superior Court on May 13, alleges that three special education employees — two of whom are still employed at Dos Pueblos — abused the student while he was in their care, including in restrooms and other secluded areas of the campus.
The plaintiff in this case, a 14-year-old student, is especially vulnerable to physical and sexual abuse because of his communication limitations and developmental disabilities, the complaint states.
The mother — only identified as Jane Doe in the lawsuit to protect her and her son’s privacy — allegedly found evidence that her son was sexually abused on May 2, it claims. As a result, it continues, he has suffered physical and psychological injury, alongside medical and therapy expenses incurred by the family.
However, “Due to the nature of Plaintiff’s disabilities and the trauma inflicted upon him, plaintiff is presently unable to articulate the full extent and details of the abuse that occurred,” according to the filing.
It further alleges that SBUSD “failed to conduct the proper due diligence” before hiring the employees, failed to adequately supervise them, and failed to implement the proper policies “designed to detect and prevent sexual abuse and misconduct against vulnerable students.” Staff had unsupervised access to the student during toileting and hygiene assistance, it alleges.
Eight causes of action are named in the suit, including sexual battery, negligent hiring and supervision, invasion of privacy, and intentional infliction of emotional distress.
“It’s really important that when parents send their kids to a school, especially a special needs kid, that the school district take the required steps to ensure that they come home in just as good a condition as when they arrived at school … that didn’t happen here,” attorney Steven Kronenberg alleged.
No criminal charges have been filed, and Kronenberg said he does not know if any such charges will be filed in the future.
However, Kronenberg noted, one of the defendants named in the case, Miguel “Michael” Angel Juarez, was arrested in May of last year on suspicion of misdemeanor sexual battery in a separate incident involving an adult woman he had met through his employment at the school. Juarez is no longer employed by the district.
“As far as whether there will be criminal charges filed for what happened in the case that we filed, I believe that’s to be determined,” Kronenberg said. “I don’t bring charges. I only file civil lawsuits where we try to hold people accountable and get compensation for wrongful compliance.”
The lawsuit does not prove any wrongdoing occurred. In a statement, SBUSD spokesperson Ed Zuchelli said:
“The district is aware of the lawsuit filed on behalf of a student at Dos Pueblos High School. Although the district takes all allegations involving student welfare seriously, the filing of a lawsuit is not evidence.”
He continued, “The lawsuit does not identify a single specific date, time, location, or act by any individual, and the lawsuit against the district and its employees appears to be entirely meritless. We have met with our attorneys, and they, like the district, intend to defend this case and our employees vigorously.”
