Special Ed teen alleges sexual molestation

A 16-year-old special education student and his parents have filed a sexual abuse lawsuit against the Las Virgenes Unified School District and one of its students who now attends Indian Hills High School.

The boy accused of the crime is a minor and cannot be identified. He has denied the charges. A trial is set to begin in August.

The family alleges that the male student, who was 15 at the time, sexually abused Robert (real name withheld by request) over a period of 14 months at Agoura High School starting in ninth grade. The school district’s liability is based on what Robert’s parents contend was inadequate supervision of the campus.

The lawsuit argues that the boy accused of the crime had a history of abusing other students and had disciplinary problems starting in middle school, problems that were never shared with Agoura High School administrators.

“It is believed that (the accused student) may have been transferred from one school to another within the Las Virgenes Unified School District because of his problems of physical and psychological abuse towards other students, particularly those enrolled in special education programs,” the complaint said.

The school district doesn’t believe a crime happened on the campus and if sexual acts did occur they wouldn’t be criminal if they were labeled consensual.

But according to one legal expert, Robert might not be capable of having consensual sex because of his diminished mental capacity.

He has an IQ of approximately 70 and other cognitive deficiencies.

His family says he was molested in the school’s physical education locker room, bathrooms and ceramics kiln room.

Except for P.E. and ceramics, Robert’s classes at Agoura High were special education. His mother said he was vulnerable to sexual predators because his condition included severe social problems that made it difficult for him to have friends.

According to Dana McCune, an attorney representing the LVUSD, “The Sheriff’s department did a thorough investigation and did not find that the alleged sexual acts between the boys occurred.” But Robert’s mother believes differently. She suspected molestation was taking place when she overheard a telephone conversation between the two boys.

She eventually read seven letters that were written to her son by the student, “pornographic” letters that convinced her that Robert was being psychologically manipulated and abused over a long period of time.

“It all comes down to the type of supervision provided by Agoura High School,” said Keith Lovendosky, the attorney representing Robert and his parents.

Lovendosky suggests the alleged perpetrator posed a danger to other students as well.

The boy allegedly identified Robert’s social weaknesses and used them as a means to control the teen, the family says.

Robert’s mother said the letters demonstrated a pattern of manipulation and threats to control her son, who was desperate to make friends. One letter outlined a threat to oust her son from the group if he didn’t do certain “favors.” In another letter, the boy allegedly told Robert, “You’re nothing without me.” A three-day investigation by the school and the Los Angeles County Sheriff’s Department found no evidence of a crime.

“Then it was shut down,” Robert’s mother said. “It messed up my son so much. He thought, God, they don’t believe me.” Since the accused boy wasn’t transferred or disciplined, Robert’s parents worried that their son would continue to be victimized.

They transferred Robert to Calabasas High School. The boy accused of the crime later enrolled at Indian Hills, an alternative high school in Calabasas.

“In spite of overwhelming evidence that allegations of numerous sexual assaults were factual, a conflict of interest became apparent when AHS principals chose to focus their attention on establishing that ‘nothing occurred’ in order to avoid responsibility or liability,” Robert’s mother said. “That determination resulted in allowing an experienced sexual predator to go undisciplined and to remain on campus and further, left every student who attends AHS in harms way.” But McCune said the school district cannot be the “insurers” of student conduct “at all times, at all locations (and) on all campuses.” The trial will begin on Aug. 8 in Van Nuys. A jury will decide what reasonable measures a school must take to protect students on school campuses.

On the heels of the case, LVUSD has established a task force on bullying. School board trustees are considering revising the current board policy on bullying due to parents’ concerns.