Rodriguez & Associates has filed its fourth lawsuit this month against the Kern High School District, this time on behalf of an autistic Centennial High student who says they were sexually assaulted by another student.

The lawsuit — which was filed with the Kern County Superior Court last week — alleges that in May 2018, a 16-year-old student was locked in one of the school bathrooms and was sexually assaulted by another male student in the Special Education program.

Besides KHSD, the lawsuit also includes Centennial High Assistant Principal Chris Sanchez and Special Education teacher Susanna Munoz.

The district said it does not provide comment on litigation.

According to the lawsuit, the district did not take enough steps to protect the student from assault after he had reported an incident prior to the May 2018 assault of unwanted physical contact on campus by the same student.

“No teacher or staff member in the immediate vicinity was supervising this student at the time he was assaulted,” the lawsuit says. “No teacher or staff member...was carrying a key to the bathroom, which locked from the inside. It was not until a security guard was summoned to the scene that the plaintiff was able to exit the bathroom.”

The lawsuit blames the district for failing to monitor children who are at a higher risk for sexual abuse and bullying and should have known that student-on-student sexual assault is a risk on campus, especially by older students against younger students.

The district was also criticized in the suit for not providing adequate training to staff members on how to appropriately monitor students and their whereabouts, especially high-risk areas such as bathrooms, locker rooms and playgrounds.

"(The) defendants...failed to provide adequate supervision, security protection, and/or safety measures for the benefit of students enrolled at Centennial High School,” the lawsuit says. “(The) defendants...operated the campus with such negligence...as to create and maintain a dangerous condition on the premises.”

The lawsuit is seeking damages for the students’ assault and the emotional and psychological distress the incident caused him.

This is the latest lawsuit from Rodriguez & Associates involving KHSD. They have filed lawsuits this month on behalf of students who had inappropriate physical and verbal contact with former Liberty High coach and teacher Jeff Hicks and North High Athletic Equipment Manager Edwin Rodriguez.

Noah Moss, who is representing the student in the lawsuit, has not returned calls for comment today.

Joseph Luiz can be reached at 661-395-7368. Follow him on Twitter: @JLuiz_TBC.

(5) comments

WorriedAboutSafety

omg one special ed student tried to kiss another one ... sure, supervision was apparently lacking, but where are the damages to warrant this kind of lawsuit. Rodriquez needs to be forced to trial on all his claims .. see if he will put HIS money where his mouth is

Cookcook

I know of several times the staff did nothing for students that they were aware this happened and those went unreported to the courts. They ought to send in an undercover officer in order to reveal the real protection they give students, which is worse than none!

bakodon

How long is it going to take the people of Greater Bakersfield to wake and realize the admin staff at the KHSD is totally out of control. We need new leadership from board down!

Leadership

Your right! The Admin staff and the KHSD board needs to be replaced. I would also add that the district has become to big and uncontrollable. The school size by enrollment have become to much for Admin and teachers to handle. Smaller schools are more manageable.

Ledzepplin4800

I’m just so thankful that our community has a attorney like Daniel Rodrigues . He’s local ,He cares about what he does and makes the wrong doers stand and face the music , Yes it’s our tax payers but eventually compentency and policy’s will be followed . This is a good sign that our managers are not overseeing their duties and this is what we need fixed , They earn enough that’s for sure

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