Mother Blames School for Molestation

OAKLAND, Calif. (CN) - After molesting a girl in an elementary school bathroom, a security guard "ripped off the head of a Barbie doll" and said he would do the same to her if she told on him, but she did tell her teacher, who did not report the attack, the girl's mother claims in court.

The mother, Crystal C., sued Oakland Unified School District and the principal of Maxwell Park International Academy, Gabrielle Thurmond, in Alameda County Court, on behalf of her daughter, T.C.

The complaint identifies the security guard who allegedly assaulted T.C. as Doe defendant 1. "Mrs. Franklin," the teacher who allegedly failed to report the abuse, is named as Doe defendant 2.

The mother claims that Mrs. Franklin would not allow her daughter, T.C., to go to the restroom unless she were accompanied by a security guard, whom the complaint describes as a "middle-aged man."

"Upon reaching the girls bathroom TC was followed into the bathroom by Doe 1, the guard, and trapped therein by the same who then touched TC's genitalia and punched TC in the stomach causing her extreme mental and physical pain and anguish. TC was physically unable to resist or flee the attack," the complaint states.

"After assaulting TC Doe 1 ripped off the head of a Barbie doll and told TC that he would do the same to TC if she told anyone about what happened, causing her to fear for her bodily safety and suffer extreme mental anguish."

But the mom says her daughter refused to be intimidated.

"After returning from the bathroom TC boldly informed her teacher what had happened with Doe 1, but Doe 2 took no action whatsoever, in violation of the mandated reporting requirements of California teachers and TC's constitutional right to be free from molestation while attending a public school," the complaint states.

"Plaintiff Crystal C. found out about the incident that same day when TC arrived home from school with no underware [sic] on and asked her daughter what happened to her underware [sic], whereupon TC told her mother what occurred at school."

The mother says she immediately went to the school to report the incident, but was "removed from the school property by school staff."

"Crystal C. then immediately removed her daughter from [the] school and enrolled her in a different school to protect her daughter's safety. TC has been placed in psychological counseling and will need psychological counseling into the future," the complaint states.

The mother claims the defendants endangered students by not doing the mandatory background check on the guard before letting him interact with children, including acting as their "bathroom companion."

And, the mom claims, the school refused to fire the guard even "after discovering his propensity to commit sexual assault and or battery on the student body" before the incident with her daughter took place.

"The school had a policy of allowing a middle-aged male guard to accompany an elementary school aged girl to the bathroom. Such policy on its face is a failure to perform the duty of the school, OUSD, Thurmond, and Doe 2 to protect TC and other children, especially girls, from harm while at school," the complaint states.

The mother claims that having such a policy increases the likelihood that "a middle aged man could harm and/or sexually assault the girls he accompanies to the bathroom."

And, she says, the school refused to tell her the guard's identity.

"Crystal C. asked for the name of the guard after TC told her of the attack, but school employees and agents willfully and knowingly refused to provide that information to Crystal C. and had Crystal C. removed from the school grounds due to this inquiry in an attempt to cover up the truth about what happened to TC at the hands of school employees or agents and in furtherance of this conspiracy," the complaint states.

The family seeks damages and punitive damages for negligent hiring and supervision, civil conspiracy, negligent infliction of emotional distress, sexual assault and battery, and other charges.

"The actions of Doe 1 were done fraudulently, with reckless disregard for plaintiff's rights, maliciously, despicably and in bad faith and plaintiff is entitled to punitive damages," the complaint states.

The family is represented by Jessica Barsotti.

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