School District Agrees To Pay $3.4 Million To Settle California Action Alleging Principal Sexually Assaulted Students And Staff Failed To Report Suspicions
From 2010 to 2014, Lance Clement was principal and superintendent of Orange Center Elementary School District. In January 2014, Clement began calling several students to his office. After entering the office, Clement would allegedly inappropriately touch and sexually assault the students and sometimes force them to watch him touch himself in a sexual manner. One student, Jane Doe 5, was allegedly sexually abused on approximately 80 occasions, with Clement sexually molesting her, cutting her with a box cutter, and forcing her to watch pornography on his school issued computer. Two teachers called Child Protective Services (CPS) regarding Clement's behavior in 2012 and 2013. The teachers claimed they were told that CPS only investigated child abuse at home, and the teachers failed to submit a required follow-up written report to CPS and failed to then contact police as required by mandatory reporting law.
On May 30, 2014, a janitor cleaning after school hours noticed Clement's office was closed and locked. The janitor knocked, and Jane Doe 1 and Clement came out of the office. The janitor called CPS and the police. An investigation was launched and a search warrant was issued. Shortly before police arrived at Clement's house to serve the warrant, Clement committed suicide. Clement's victims were left with psychological trauma, including major depressive disorder and post-traumatic stress disorder
Jane Does 1, 2, 4, and 5, filed suit against Orange Center Elementary School District and the Estate of Lance Clement in the California Superior Court for Fresno County. The plaintiffs asserted the District's employees were mandated reports under the Child Abuse and Neglect Reporting Act, Cal. Penal Code § 11164 et seq., and the employees breached their duty to report reasonable suspicions of child abuse. The plaintiffs asserted there were clear indications of suspicious behavior, including Clement repeatedly calling the same female students to his office on numerous occasions and closing the door when they were in his office, but none of the administrative staff ever reported the suspicious behavior. The plaintiffs also asserted custodians noticed photographs of underage females in cheerleading uniforms taped inside Clement's bathroom door and teachers were aware of Clement's suspicious behavior, but none carried through their reporting duties as required.
On July 29, 2016, the plaintiffs reached a $3,400,000 settlement with the District. According to news reports, the settlement was to be paid by the District's insurance company.
Plaintiff was represented by Law Office of Jacob Rivas. The school was represented by James T. Anwyl of Anwyl & Stepp. The Estate of Lance Clement was represented by Mark Davis of Davis & Young.
Lexis Advance subscribers can view the full summary here: Jane Doe v. Orange Center Elementary School District and Estate of Lance Clement; 2016 Jury Verdicts LEXIS 5751.
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