Located in Tulare County, California, the Porterville Unified School District (PUSD) was created in 1998 by unifying the Porterville Union High School and the Porterville Elementary District. Since then, the district has expanded into various elementary, junior high schools and high schools. There are also several alternative education sites, including charter and magnet schools. As school districts grow and evolve, they must never forget their commitment to the protection of minors on their campuses. This includes preventative measures and a clear plan of action when there are complaints of school sexual abuse.
Was your child subjected to molestation and other acts of sexual assault at a PUSD school? Though it’s a difficult subject to talk about, there’s no denying that sexual predators choose to work in facilities where they have easy access to children. That’s why it’s common to see stories in the news of sexual abuse at a school by a teacher, PE teacher / coach, administrator, or another school employee.
Child sexual assault victims have the right to justice under California law, and that’s why we encourage you to contact our office. You may have grounds to sue the Porterville Unified School District and obtain compensation for what was done to you. The sexual abuse lawyers of Normandie have decades of experience with lawsuits against school districts, as well as private schools, colleges, and universities. Please schedule a free case evaluation to learn about your rights and legal options.
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Acts of Sexual Abuse at California Public Schools
Sexual abuse is a broad term to describe many acts of sexually inappropriate conduct, which includes student-to-student contact, as well as sexual relations between adults and children. No matter who is at fault, it’s up to school district officials to contact the authorities and investigate the incident thoroughly when there are reports of sexual abuse. Acts of sexual assault against a student include:
- Sexual conversations between students and staff members
- Transmission of sexually inappropriate material via sexting, instant messaging, email, etc.
- Sexual grooming – establishing an emotional bond with an underage individual for the purpose of sexually abusing them
- Kissing, groping, and other inappropriate touching of a student
- Rape, attempted rape, or sodomy
- Engaging in oral sex
- Coercing / blackmailing a minor into sexual activity or taking and sending nude photos of themselves
This is by no means a comprehensive list, but it shows you that sexual assault of a minor includes much more than forcible rape. Legally, any sexual conduct between adults and minors is child sexual abuse. This is due to the fact that children (individuals under 18 years old) cannot consent to sex under California law. We mention this because so many abusers – and even school officials – try to argue that the child is already sexually active, and they were fully aware of what they were doing.
However, medical and psychological experts generally agree that minors lack the emotional / intellectual capacity to make informed choices about sex. Thus, any adult that engages in sexual activity with an underage student is guilty of sexual offenses against a child.
If you or your child was victimized by an adult that works for Porterville Unified School District, contact our law firm as soon as possible. It’s essential to understand your legal rights, including the option to file a school sexual assault lawsuit. We are more than willing to meet with you for a free case review, where we can discuss any questions or concerns that are on your mind.
Can I Sue the Porterville Unified School District for Sexual Abuse?
Yes, you can sue the school district if they failed to take appropriate actions upon learning about or suspecting incidents of sexual abuse on their premises. A school district can also be sued for failing to take preventative measures, like not conducting thorough background checks on prospective employees.
In particular, those that work with minors are required to take immediate action if they become aware of sexual assault and harassment against a child. This is a requirement under California’s mandatory reporting laws, which applies to the following individuals:
- Teachers, teacher’s aides and assistants
- Principles, vice-principles and other school administrators
- School secretaries and other office workers
- Guidance counselors / social workers
- PE teachers and sports coaches
- Bus drivers, janitors, and various employees that are around students on a regular basis
- Employees of after school or day camps operating at the school
- Youth and recreational center admins / employees that provide services at the school
- Department of Education workers if their duties involve direct contact with children
- Owners, admins, teachers, etc. at day care centers
Under California’s mandatory reporter laws, schools are required to notify the police and the state department of children’s services when there is even a possibility of sexual abuse against a student. They must also contact the parents or guardians, which is another area where many schools are negligent. Furthermore, actions must be taken to keep the victim safe, like removing the perpetrator from the campus while the incident is under investigation.
Please be aware, though, that the school had to have knowledge of the abuse in order to be sued for sexual abuse of a student. We find that in most cases, there is clear evidence that district officials knew, either through complaints from students, staff members, or parents. Unfortunately, many school districts try to distance themselves from liability by transferring the teacher to another school. Or, they will find ways to obstruct justice, like concealing evidence of sexual assault or bribing and threatening people that know about the incidents.
We want to stress that failure to report school sexual abuse is a crime, punishable by a fine of up to $1,000 and 6 months in jail. School districts can also be sued by the victim or their family members, as they are liable if they were negligent in their duty of care to protect students from a sexual abuser.
Schools Operated by the Porterville Unified School District
The Porterville Unified School District consists of almost 2 dozen schools, including elementary, middle, and high schools, along with an adult school and a continuation high school. Below is a listing of all the educational institutions that are operated by PUSD:
- Belleview Elementary School
- John J. Doyle Elementary School
- Los Robles Elementary School
- Monte Vista Elementary School
- Olive Street Elementary School
- Roche Avenue Elementary School
- Santa Fe Elementary School
- Vandalia Elementary School
- Westfield Elementary School
- West Putnam Elementary School
- Barlett Middle School
- Pioneer Middle School
- Sequoia Middle School
- Granite Hills High School
- Monache High School
- Porterville High School
- Strathmore High School
- Citrus High School
- Harmony Magnet Academy
- Prospect Education Center
- Vine Street Community Day School
- Butterfield Charter High School
- Porterville Adult School
Statute of Limitations for a School Sexual Assault Lawsuit
Fortunately, California is very progressive when it comes to the rights of child sexual assault victims. Minors who were sexually abused have a generous amount of time to file a lawsuit, which is based on one of the following conditions:
- Up to 22 years after the victim turns 18, i.e., the age of consent in California.
- Up to 5 years from the discovery of sexual abuse during childhood, or the physical / psychological impact of sexual abuse.
This is an important issue to discuss with an attorney, as you can base the statute of limitations on the latter of these dates. This was intentionally put into place by lawmakers so that victims had as much time as possible to take legal action against their abusers. Regardless of the time limit, you should speak to a knowledgeable school sexual assault attorney as soon as possible. There are many aspects to the legal process that you should be aware of, which is the only way to make an informed decision on how to proceed with your case.
Settlement Values for Sexual Abuse Claims against School Districts
Placing a value on any type of injury claim is challenging, and that’s especially true with lawsuits involving child abuse. Sexual assault, in particular, is so damaging to a child due to their lack of sexual knowledge and how their inability to process what has happened to them. Many victims repress memories of the abuse, which later manifest as guilt, shame, anger, and other negative emotions. Even those that are brave enough to complain about the incident face mental health issues that are likely to require counseling.
That’s why sex abuse settlements are not just about compensation for your physical injuries. In fact, many of the victims won’t have visible signs of harm, but they may still end up with settlements of $1,000,000 or more. This is based on the degree of emotional harm and suffering, and how it impacts many areas of a victim’s life. Child sexual abuse victims often struggle with mental health disorders, like depression, suicidal thoughts, and eating disorders. As a result, they have trouble keeping up with their studies, finding and keeping a job, and engaging in healthy relationships with others. The severity of these issues can translate into multimillion-dollar settlements, possibly in the range of $3,000,000 to $5,000,000.
Please keep in mind that these are generalizations, which may not be an accurate reflection of the compensation you will end up with. To determine an approximate value of your case, it’s best to contact a law firm with experience in sexual abuse lawsuits against a California school district.
How Long it Takes to Settle a School Sex Abuse Lawsuit
It takes anywhere from a few months to several years to settle a lawsuit for school sexual abuse. Frankly, it’s impossible to provide a specific timeframe, as there are many issues that we can’t control. These include how long it takes to conduct an investigation into your case and the school district’s willingness to offer a fair compensation amount. One thing we can say for sure is that cases against public entities involve more complex procedures than lawsuits against private businesses and individuals. That includes the process of filing a claim with the district and attempting to work out an agreement before you can proceed with a lawsuit.
That’s why the majority of these cases take 1 or more years from start to finish. This includes the time to exchange offers and counteroffers (negotiating a settlement), which will hopefully result in a compensation amount that’s agreeable to both sides. This is how over 95% of child rape and sexual abuse cases are settled, so it’s very unlikely that your case will end up in court. However, it can take 2 years or longer to reach the finish lines on these cases, based on the necessary legal actions.
Contact a Porterville Unified School District Sexual Abuse Attorney
Preventing incidents of child abuse is a significant challenge for any school district, and it’s unreasonable to think the problem can be eliminated altogether. What matters is that school officials do everything in their power to protect students from dangerous individuals, like child molesters. Unfortunately, negligence by teachers and administrators had led to a culture of sexual abuse at many schools throughout California.
Our attorneys are more than prepared to fight for you and the payment you deserve as a victim of school sexual assault. Suing a public entity, like a school district, is extremely difficult for the average person, but so is paying for an attorney that’s qualified to handle your case. With that in mind, we are more than happy to provide you with the Zero Fee Guarantee. Under this policy, you won’t be responsible for any legal fees, which are paid by the defendant as a part of your settlement. That way, you never pay out of pocket, as we only get paid by winning your case.
By the way, we offer second opinions free of charge to anyone that needs advice on an existing PUSD sexual abuse claim. Whether you need to weigh your legal options or feel dissatisfied with your current lawyer, don’t hesitate to give us a call.
We know how painful it can be to live with the impact of sexual abuse during childhood. Whether you are a parent of an abused child or an adult survivor of child sexual assault, our law firm is here for you 24 hours a day, 7 days a week. Contact us today and schedule a free consultation with the sexual abuse lawyers of Normandie.
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