Coach has unlawful sexual relationship with student: Negligent supervision, training: Emotional distress: Verdict

Law Reporter, Oct 2004

Doe v. Hanford Joint Union High Seh. Dist., CaL, Kings County Super. Ct., No. 02C0900, Feb. 4, 2004.

When Doe, a high school student, was 16, she was involved in a sexual relationship with a 26-year-old basketball coach at her school. Doe's parents alerted the school to the relationship, but the school allegedly did nothing. The coach pleaded no contest to criminal charges of child abuse and sexual molestation. Doe suffered severe emotional distress, causing psychological problems such as depression and anxiety. Her past medical expenses were paid by victims' services, and her future medical expenses are estimated at $48,000.

Doe sued the school district and the coach. Suit against the school district alleged negligent supervision and training of the coach and failure to report the sexual abuse to the authorities. Suit against the coach alleged assault, battery, molestation, and negligence. The coach did not answer the complaint. The school district contended it had no notice of the relationship and that die coach's actions were outside of the scope of her employment.

A jury found the school district 80 percent at fault and the coach 20 percent negligent. It awarded approximately $1.55 million. The school district has paid about $1.04 million. The coach reportedly does not have any assets to pay the judgment.

Plaintiff's experts were Jerry MacDonald, school administration, Clovis, CaL; and Kathy Sullivan, psychology/counseling, Fresno, CaL

Defendants' experts were Richard Berkman, psychiatry, Porterville, CaL; and Henry Padclen, school administration, Tulare, CaL

Plaintiff's Counsel

*Warrcn R. Paboojian, Fresno, CaL