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Tracy L. Henderson, Esq (SBN 252888)
1 Law Offices of Tracy L. Henderson, Esq
P. O. Box 221562
2
Carmel, CA 93922
3 T: 831.917.1583
tlhlaw@protonmail.com
4
Attorneys for Plaintiff L.Y, a minor
5
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF MONTEREY
UNLIMITED CIVIL
10
L.Y., a minor, by Robert Yee her guardian CASE NO.
11 ad litem,
12 Plaintiff,
COMPLAINT FOR DAMAGES
13 v.
1. NEGLIGENCE;
14 WASHINGTON UNION SCHOOL 2. INTENTIONAL INFLICTION OF
DISTRICT, a California school district, EMOTIONAL DISTRESS;
15 GINA UCCELLI as an individual and in her
official capacity as superintendent of 3. VIOLATION OF TITLE IX of
16 Washington Union School District, JILL Education Amendments of 1972;
CAMRON as an individual and in her 4. NEGLIGENT SUPERVISION of
17 official capacity as principal of Washington Students Violation of Gov. Code §§§815.2,
Union Elementary, , and DOES 1-10, 815.6, 820
18 inclusive, 5. VIOLATION OF EDUCATION
CODE §§200 et seq..
19 Defendants.
___________________________________
20
21
22 PLAINTIFF L.Y, a minor by Robert Yee her guardian ad litem, alleges as follows:
23 THE PARTIES
24 1. L.Y. (collectively Plaintiff or “L.Y.”) is, and at all times mentioned in this
25 complaint, a minor and an individual and at all times herein mentioned was, a resident of
26 Monterey County, California, and was a pupil duly enrolled in Washington Union Elementary
27 School, which is maintained and operated by defendant Washington Union School District. L.Y.
28 brings this complaint through her guardian ad litem Robert Yee.
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COMPLAINT FOR DAMAGES
1 2. Robert Yee is the natural parent of the minor L.Y.
2 3. Defendant Washington Union School District (“WUSD”) is, and at all times
3 herein mentioned was, a public entity operating as school district duly organized and existing
4 under the laws of the State of California. WUSD is governed by elected officials that serve as
5 Members of its Board of Trustees. Washington Union Elementary is an elementary school within
6 WUSD.
7 4. Defendant JILL CAMRON (“CAMRON”) was at all times herein the principal
8 of Washington Union Elementary School, acting in her individual capacity as well as in her role
9 as principal, and an employee of defendant WUSD during the incidents outlined herein.
10 5. Defendant GINA UCCELLI (“UCCELLI”) was at all times herein, the
11 superintendent of Washington Union Elementary School, acting in her individual capacity as well
12 as in her role as superintendent, and an employee of defendant WUSD during the incidents
13 outlined herein.
14 6. WUSD Board of Trustees are the duly elected governing board for WUSD.
15 7. JILL CAMRON, Abel Coronel, Angela Lauer, Yvonne Roggio, and GINA
16 UCCELLI, at all times herein, were all employees of defendant WUSD acting individually and in
17 the capacity as employees for WUSD. In doing the things hereinafter mentioned, they acted under
18 color of their authority and under the color of the customs, usages of defendant WUSD and
19 pursuant to the official policies of defendant WUSD as enacted and adopted by Gina acting under
20 color of its authority as such.
21 8. Plaintiff is informed and believes and thereon alleges that, at all times herein
22 mentioned, JILL CAMRON, Abel Coronel, Angela Lauer, Yvonne Roggio, and GINA
23 UCCELLI, were employees of WUSD and in doing the things hereinafter alleged, were agents of
24 WUSD and acting within the course and scope of such agency and with the permission and
25 consent of Defendant WUSD, the WUSD board of trustees, and Superintendent Gina Uccelli. In
26 doing the things hereinafter mentioned, these Defendants acted under color of their authority and
27 under the color of the customs and usages of Defendant WUSD and Superintendent Uccelli and
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COMPLAINT FOR DAMAGES
1 pursuant to the official policies of Defendant WUSD as enacted and adopted by it's the Governing
2 Board and Superintendent acting under color of its authority as such.
3 9. Plaintiff is informed and believe, and thereon alleges, that each of the
4 fictitiously named defendants proximately caused damages to Plaintiff as alleged herein and/or is
5 responsible for the acts complained of herein. Plaintiff will seek leave of Court to amend this
6 Complaint when the true identities of such DOE defendants have been ascertained.
7 10. DOES 1 through 50 were the agents, servants and/or employees of their
8 defendants, and in doing or failing to do the acts alleged herein were acting in the course and
9 scope of their authority and with the permission and consent of their defendants, and each of
10 them.
11 JURISDICTION AND VENUE
12 11. This Court has personal jurisdiction over Defendants. They are governmental
13 actors that conduct business in and maintain operations in Monterey County on behalf of
14 Defendant WUSD.
15 12. Venue is proper in the county in which “the cause, or some part of the cause,
16 arose,” for a suit against a public officer’s act. (Cal. Code of Civ. Proc. § 393(b).) This Court is
17 the proper venue for this action because the Defendants either reside in or maintain executive
18 offices in this County, a substantial portion of the transactions and wrongs complained of herein
19 took place in this County, including Defendants’ primary participation in the acts detailed herein,
20 and Plaintiff’s injuries occurred in this County.
21 GENERAL ALLEGATIONS
22 13. The California Constitution provides that in person instruction in public
23 schools is a fundamental right. California Constitution § 5, AIX: SEC. 5
24 14. Attendance at school in California is compulsory according to California law.
25 Cal Ed Code § 48200 (children between ages 6 and 18 years subject to compulsory full-time
26 education.)
27 15. A special relationship is formed between a school district and its students
28 resulting in the imposition of an affirmative duty on the school district to take all reasonable steps
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COMPLAINT FOR DAMAGES
1 to protect its students. This affirmative duty arises, in part, based on the compulsory nature of
2 education. Rodriguez v. Inglewood Unified School Dist. (1986) 186 Cal. App. 3d 707, 714–715;
3 Cal. Const., art. I, § 28, subd.(c) (students have inalienable right to attend safe, secure and
4 peaceful campuses. “[T]he right of all students to a school environment fit for learning cannot be
5 questioned. Attendance is mandatory and the aim of all schools is to teach. Teaching and learning
6 cannot take place without the physical and mental well-being of the students. The school
7 premises, in short, must be safe and welcoming.” In re William G. (1985) 40 Cal.3d 550, 563) as
8 cited in M. W. v. Panama Buena Vista Union School Dist., 110 Cal. App. 4th 508, 517
9 16. The principles pertaining to a school district's duty to supervise students are
10 well established. “It is the duty of the school authorities to supervise at all times the conduct of
11 the children on the school grounds and to enforce those rules and regulations necessary to their
12 protection. The school district is liable for injuries which result from a failure of its officers and
13 employees to use ordinary care in this respect.” M. W. v. Panama Buena Vista Union School
14 Dist., 110 Cal. App. 4th 508, 517
15 17. All students are entitled to “equal rights and opportunities” in education (Ed.
16 Code § 200) and to participate fully in the educational process “free from discrimination and
17 harassment.” Ed. Code § 200, 201. To effectuate this policy, which is guaranteed by the federal
18 and state Constitutions, the Legislature requires California's public schools to take affirmative
19 steps to “combat … forms of bias.” (Ed Code § 201, subd. (b).) They also must “prevent and
20 respond to acts of bias-related incidents” in an “urgent” manner (§ 201, subd. (d)) Donovan v.
21 Poway Unified School Dist., 167 Cal. App. 4th 567, 606.
22 18. It is a fundamental right of a parent to make decisions concerning the care, custody,
23 and control of his child. (Doe v. Albany Unified School Dist. (2010) 190 Cal.App.4th 668, 685,
24 citing In re Samuel G (2009) 174 Cal.App.4th 502, 509 (“Among the constitutional privileges
25 enjoyed by parents is the right to determine how their children should be educated”); Troxel v.
26 Granville (2000) 530 U.S. 57, 66, citing cases recognizing “the fundamental right of parents to
27 make decisions concerning the care, custody, and control of their children”).
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COMPLAINT FOR DAMAGES
1 19. Per Ed Code §51101(7)(a) Except as provided in subdivision (d), the parents and
2 guardians of pupils enrolled in public schools have the right and should have the opportunity, as
3 mutually supportive and respectful partners in the education of their children within the public
4 schools, to be informed by the school, and to participate in the education of their children,
5 including but not limited to, have a school environment for their child that is safe and supportive
6 of learning.
7 20. The opportunity to attend and receive instruction in the public schools is a
8 legal right that is enforceable by the same means as any other legal right. Piper v. Big Pine School
9 Dist. (1924) 193 Cal. 664, 669–670; Ward v. Flood (1874) 48 Cal. 36, 50. Public education is a
10 fundamental right under the equal protection provisions of the California Constitution. Butt v.
11 State of California (1992) 4 Cal. 4th 668, 678–680; Serrano v. Priest (1976) 18 Cal. 3d 728, 765–
12 766; Clowes v. Serrano 432 U.S. 907 (1977); see Serrano v. Priest (1971) 5 Cal. 3d 584, 596
13 n.11, 604–610.
14 21. L.Y. was born in 2012 and Robert Yee, her father, and Therese Yee, her
15 mother, adopted her on or about November 16, 2020.
16 22. L.Y. is an 11-year old minor in the 5th grade. During the time of the alleged
17 incidents hereinafter outlined, she attended Washington Union Elementary which is a public
18 school that is part of WUSD and was 9 or 10 years old in the fourth grade.
19 23. Beginning in late 2022, L.Y. began experiencing what became systematic and
20 continuous physical, verbal and sexual abuse while attending Washington Union Elementary
21 from peers and teachers which deprived her of equal access to an education because WUSD failed
22 to stop the abuse. She was verbally abused and made fun of by her fourth-grade teacher Ms.
23 Lauer to the point where L.Y. was afraid to ask questions of her teacher in class or about the
24 homework. Principal CAMRON began to target L.Y. for complaining about the conduct of her
25 teacher. L.Y. was hit in the face twice with metal water bottles, of which the second incident
26 resulted in a broken nose, which was minimized as nothing by WUSD staff. L.Y. was sexually
27 harassed and assaulted by a fellow student when he groped her in the crotch, inappropriately
28 touched on the shoulder while he blew kisses in her ear, and laid on a bench, spread his legs, then
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COMPLAINT FOR DAMAGES
1 told her to put her head down on his crotch. L.Y. was bullied and humiliated by four boys on the
2 bus repeatedly when they sang an F*ck you song, took pictures of her, then changed the pictures
3 to be humiliating and passed them around the bus. All of this caused nightmares, anxiety,
4 emotional trauma, loss of learning, and a loss of any desire to go to school. WUSD did nothing to
5 stop any of it.
6 24. On or about August 2022, while in Ms. Lauer’s fourth grade class, Ms. Lauer
7 slammed her hand on L.Y.’s desk for not using her pencil correctly several times.
8 25. On or about August 2022, while Ms. Lauer was giving instructions, L.Y. raised
9 her hand and asked Ms. Lauer to repeat the instructions. In response, Ms. Lauer threw her hands
10 up and said “ok class we are going to stop our class right now because L.Y. was not paying
11 attention.” L.Y. said she was paying attention but instead asked if Ms. Lauer could repeat the
12 instructions. L.Y. was so humiliated and devastated she told her parents she never wanted to raise
13 her hand again. L.Y. had to call her friends to get an explanation on how to do the math
14 homework because she was afraid of Ms. Lauer and didn’t understand.
15 26. Ms. Lauer in a very stern mean way would make L.Y. sit very close to her desk
16 and sit up straight. It made L.Y. feel extremely uncomfortable.
17 27. L.Y. should be on a 504 plan for her background of having suffered domestic
18 violence and drug exposure in and out of utero which caused comprehension, behavior issues, and
19 learning disabilities. In September 2022, L.Y.’s parents met with L.Y.’s therapist, teacher Angela
20 Lauer and principal Jill CAMRON to assess L.Y. for a 504 plan. After the meeting, this group
21 recommended that L.Y. be on a 504 plan and Ms. CAMRON stated she would work on the 504
22 plan for L.Y.. However, L.Y.’s parents never received any documentation for the 504 plan. L.Y.’s
23 parents assumed Ms. CAMRON had implemented the 504 plan, but L.Y.’s parents discovered in
24 May 2023 that L.Y. was never actually on a 504 plan. In the Americans with Disabilities Act
25 (ADA) and Section 504, a person with a disability is someone who has an impairment (either
26 physical or mental) that substantially limits major life activities (such as eating and breathing and
27 going to school).
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COMPLAINT FOR DAMAGES
1 28. In the same meeting in September 2022, L.Y.’s parents informed principal
2 CAMRON that L.Y.’s then teacher Ms. Lauer was verbally abusive to her. This conduct by Ms.
3 Lauer caused L.Y. to lose sleep and have nightmares, become riddled with anxiety, and have no
4 desire to go to school. Eventually, after a great deal of complaining, L.Y. was moved to Ms.
5 Dumbacher’s class.
6 29. After L.Y. was moved to Ms. Dumbacher’s class, Ms. CAMRON began acts of
7 retaliation against L.Y. and began harassing L.Y.’s parents. Ms. CAMRON relentlessly tried to
8 find L.Y. in the wrong by constantly contacted L.Y.’s parents over every little tiny issue whether
9 necessary or not. Even the children referenced herein who were actually engaging in wrongdoing
10 were not contacted at all let alone relentlessly.
11 30. On or about February 9, 2023, a student named Jacob hit L.Y. twice with a
12 metal water bottle for standing up for a female student he was being mean to. L.Y. and her
13 parents complained. As of February 16, 2023, neither principal CAMRON nor Mrs. Roggio, the
14 school secretary, had not contacted Jacob or Jacob’s parents or disciplined Jacob in any way.
15 31. On or about February 21, 2023, L.Y. was humiliated and shamed by four male
16 students, one named Cayden, on the school bus. The four male students took pictures of her,
17 photoshopped or edited them to make her look bad, then passed the photos around the bus. This
18 cause L.Y. to cry hysterically. L.Y.’s parents contacted Ms. Roggio, the school secretary, about
19 the incident as well as superintendent UCCELLI and principal CAMRON but they did nothing
20 about it. In fact, the male students’ parents were never contacted nor was any discipline initiated.
21 Instead, principal CAMRON focused on L.Y.’s telling them to leave her alone instead of the
22 bullying by the male students essentially wrongfully blaming L.Y. for the entire incident. This
23 was only the beginning of the deliberate indifference exercised by Principal CAMRON.
24 32. On or about February 22, 2023, the same male students started singing an F-
25 you song to L.Y. on the bus and during class. This humiliated and caused L.Y. grave anxiety.
26 L.Y.’s parents contacted the WUSD district office to complain and raise concerns about the two
27 incidents. Plaintiff is informed and believes that the boys’ parents were never notified nor were
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COMPLAINT FOR DAMAGES
1 the male students ever disciplined. Effectively, WUSD and superintendent UCCELLI took no
2 action despite actual knowledge of the continuing harassment.
3 33. On or about March 9, 2023, a male student Hudson swung a metal water bottle
4 at L.Y. and broke her nose. L.Y. was taken to the office, the injury was minimized despite the fact
5 that her nose was severely bleeding. There were no teachers or adults around anywhere and a
6 student had to escort L.Y. to the office because her nose was bleeding and she was showing
7 outward signs of extreme disorientation. Ms. Roggio the school secretary called Therese Yee,
8 L.Y.’s mother, to inform her of the incident. Ms. Roggio falsely stated that all the kids were
9 goofing off and that the kids were having a water fights. She told Mrs. Yee that L.Y. was fine and
10 she thought she could go back to class. Ms. Roggio allowed Mrs. Yee to talk to L.Y. who asked
11 L.Y. if she was really ok. L.Y. said “well Ms. Roggio says I’m ok so I guess I can go back.” Mrs.
12 Yee did not like the sound of L.Y’s voice so she went to the office early to get L.Y. so she wasn’t
13 subjected to the bus. The minute Mrs. Yee looked at her she saw that she had a broken nose with
14 bruises and swelling – L.Y. didn’t even look like herself. Mrs. Yee was absolutely shocked and
15 furious when she found out that what had happened was L.Y. was hit with a large metal water
16 bottle. L.Y. was in a lot of pain but the school secretary, supervised by principal CAMRON,
17 neglected to properly have a medical professional assess L.Y.. L.Y. was ultimately taken to the
18 hospital by her family and treated for a broken nose. Nobody at Washington Union Elementary,
19 not one person, even asked how L.Y. was after she had gone to the hospital.
20 34. On March 10, 2023, L.Y. was seen at Community Hospital of the Monterey
21 Peninsula for her injury to her nose as it had been bleeding, swelling and bruising. L.Y. was
22 diagnosed with a maxillary fracture, mandibular fracture, nasal bone fracture and septal
23 hematoma. L.Y. suffered learning loss as she missed school this day to go to the hospital.
24 35. On March 10, 2023, L.Y.’s parents went to the district office to complain about
25 the broken nose incident and after two attempts to meet with superintendent UCCELLI, a meeting
26 finally happened. Ms. UCCELLI brushed the matter off as an accident and no discipline was
27 given to the male student that broke L.Y.’s nose. Ms. UCCELLI did admit that bullying on the
28 school bus was an ongoing problem that she had no solution for which amounted to pure
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COMPLAINT FOR DAMAGES
1 deliberate indifference of the harm happening to L.Y. with actual knowledge by Superintendent
2 UCCELLI.
3 36. On or about March 25, 2023, L.Y.’s parents contacted principal CAMRON to
4 inquire why no incident report was provided relating to L.Y.’s broken nose. The fact that
5 according to the WUSD Parental Notification of Rights and Responsibilities Pamphlet parents are
6 liable for their children’s actions that damage others was brought up. L.Y.’s parents requested that
7 Hudson’s parents be contacted and that medical expenses be paid. L.Y. is informed and believes
8 that the parents of the student that broke her nose were never notified by principal CAMRON nor
9 was anything done to discipline this student.
10 37. On or about May 16, 2023, a student went to the office and told principal
11 CAMRON that L.Y. had drawn testicles on the desk. In the class, L.Y. had actually drew a flower
12 on the desk. The other student falsely claimed they were testicles then wiped the drawing off
13 before the teacher could verify one way or the other. L.Y. was given a behavior infraction by
14 principal CAMRON without any evidence to support the allegation of the other student. L.Y.’s
15 parents confirmed with the teacher that night at the open house, Ms. Dumbacher, that all L.Y. did
16 was draw on the desk not that she drew testicles on the desk. This was just more retaliation by
17 principal CAMRON.
18 38. On or about May 16, 2023, Abel Coronel, the Washington Union Elementary
19 school counselor pulled L.Y. off the playground and took her into a classroom. He asked her if
20 she had ever lied and this made L.Y. very uncomfortable. This conversation took place without
21 L.Y.’s parent’s permission or knowledge. Upon learning that this unauthorized communication
22 took place without their knowledge, L.Y.’s parents instructed Mr. Coronel via email to refrain
23 from communicating with L.Y. without their express permission in the future.
24 39. A few months prior, the counselor had told L.Y. that if she ever wanted to talk,
25 the conversation would be confidential and stay between them. After the May 16, 2023
26 conversation, Mr. Coronel went into the principal’s office, and with the door open and L.Y. in the
27 office, he revealed the contents of their private conversation which really upset L.Y..
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COMPLAINT FOR DAMAGES
1 40. In early 2023, L.Y. complained to her teacher Ms. Dumbacher at least four
2 occasions about inappropriate behavior on the part of a fellow student Eddie. Eddie would come
3 up to L.Y. and whisper and blow into her ear, hug her from behind and grab her breasts, reach out
4 in front of her to pretend to try to squeeze her breasts on at least two occasions, and sneak up on
5 her on the playground causing her to look over her shoulder while on the playground. Principal
6 CAMRON then lied to the police about the fact that L.Y. complained to her teacher multiple
7 times.
8 41. On or about May 19, 2023, principal CAMRON contacted L.Y.’s parents to
9 inform them that a male student, Eddie, had touched L.Y. inappropriately by groping her in the
10 crotch area. The student had grabbed L.Y. and brought her close to him from the side then groped
11 her private parts without permission. Principal CAMRON made the false representation to L.Y.’s
12 parents that L.Y. had said the incident was an “accident” when it was not. In fact, principal
13 CAMRON went as far as to scare L.Y. into making statements to minimize the blatant sexual
14 assault and harassment. L.Y. was afraid of principal CAMRON so she did whatever she told her
15 to do. During the conversation, Ms. CAMRON asked L.Y.’s parents what they wanted her to do.
16 They informed principal CAMRON that they wanted Eddie’s parents contacted, disciplinary
17 action taken, and to keep Eddie away from L.Y. Ms. CAMRON informed L.Y.’s parents that “she
18 would handle it.” L.Y. is informed and believes Ms. CAMRON did absolutely nothing about this
19 serious act of sexual harassment by Eddie. Despite clear requests, a no-contact order was never
20 implemented nor were support services offered by CAMRON or UCCELLI in violation of Title
21 IX.
22 42. On or about May 23, 2023, the same male student, Eddie, came up to L.Y.,
23 tapped her on the shoulder and blew kisses in her ear. L.Y. pushed him away and told him not to
24 touch her. L.Y. informed teacher Dumbacher and principal CAMRON of the incident. L.Y. is
25 informed and believes neither Dumbacher or Principal CAMRON took any action to stop this or
26 address this second act sexual harassment as it continued despite her and her parent’s complaints
27 to defendants.
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COMPLAINT FOR DAMAGES
1 43. On or about May 25, 2023, having not heard from the school nor having been
2 given any information that the male student Eddie was dealt with appropriately for the sexual
3 harassment, L.Y.’s parents contacted superintendent UCCELLI and informed her of Title IX
4 requirements for sexual harassment. On this same date, the Monterey County Sheriff called L.Y’s
5 parents and left a message.
6 44. On the same date, L.Y.’s parents met with superintendent UCCELLI for over
7 an hour to go over all of the bullying and sexual harassment incidents outlined herein.
8 Superintendent UCCELLI again acknowledged the bullying problem on the school bus without
9 offering any solution or action plan to stop it. UCCELLI did nothing about any of the incidents.
10 45. L.Y. told her parents she did not want to go to school the last week in June
11 2023 because of the sexual harassment by Eddie that WUSD employees were doing nothing
12 about. When L.Y.’s parents picked her up, Ms. Dumbacher was informed of this information. In
13 response, Ms. Dumbacher stated “Eddie is working on his issues.” L.Y. was deprived of any
14 learning due to the continued persistent sexual harassment and physical abuse that defendants,
15 each of them, with actual knowledge of the happenings, did nothing to stop.
16 46. In early June 2023, on the last day of school on or about the 8th, L.Y. finally
17 went to school excited as she had not wanted to go to school at all for the past week because of
18 the constant bullying and sexual harassment by Eddie. Unfortunately, that afternoon at the class
19 party in the school amphitheater, Eddie laid down on a bench with his legs spread open and told
20 L.Y. to put her head down “here” which was on his crotch area where his penis was. L.Y. chased
21 Eddie away as she was sickened and humiliated. L.Y. informed Ms. Dumbacher who just merely
22 told the two students to stay away from each other. L.Y. is informed and believes that nothing
23 was ever done by Defendants, each of them, to stop the sexual harassment by Eddie.
24 47. On June 9, 2023, L.Y.’s parents informed the superintendent of WUSD Ms.
25 UCCELLI about the sexual harassment incident via email and that a teacher had been informed
26 by L.Y. after it happened. Superintendent UCCELLI, with actual knowledge of the other previous
27 sexual harassment incidents, bullying and physical abuse, did nothing about it yet again.
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COMPLAINT FOR DAMAGES
1 48. On or about June 10, 2023, L.Y.’s parents contacted the Monterey County
2 Sheriff about the sexual harassment to file a complaint and document the second incident of
3 sexual harassment by Eddie. Apparently, principal CAMRON had contacted the police on or
4 about May 25, 2023 about the first incident of sexual harassment. However, CAMRON falsely
5 posited it to the officer that it was an “accident “and that the child was “raised in an Italian family
6 and it is customary to greet people with a hug and a kiss.” Principal CAMRON had actual
7 knowledge of Eddie’s sexual harassment history but failed to inform the officer that L.Y. had
8 complained about him multiple times prior. Principal CAMRON effectively blew off the
9 persistent sexual harassment of L.Y. by this student. On August 17, 2023, at the request of Robert
10 Yee, the police again documented all of the acts of sexual harassment but did nothing because
11 Eddie was under 12.
12 49. On or about June 14, 2023, superintendent UCCELLI responded to L.Y.’s
13 parents and proceeded to falsely claim that Ms. Dumbacher didn’t remember the sexual
14 harassment incident and that Ms. Dumbacher was going to render a false statement to that effect.
15 L.Y.’s parents informed superintendent UCCELLI that they had contacted the Sheriff.
16 50. On or about August 7, 2023, L.Y.’s parents informed the WUSD school board
17 that due to the rampant bullying and sexual harassment by students that was being swept under
18 the rug and not rectified, costing L.Y. equal access to learning free from harassment and physical
19 abuse, that L.Y. would not be returning. L.Y.’s parents had no choice but to home school at the
20 cost of tens thousands of dollars.
21 51. Plaintiff is informed and believes that Title IX requirements and Education
22 Code statutory requirements were not followed or enforced by any employee of WUSD relating
23 to all the incidents listed herein. On many emails, L.Y.’s parents carbon copied the WUSD school
24 board and they never heard one word from any of them. In addition to a complete failure to
25 appropriately respond to the sexual harassment, bullying, and physical abuse happening to L.Y.
26 repeatedly, no timely investigation of any of L.Y.’s complaints were done by WUSD or
27 Defendants. On or about September 25, 2023 to early 2024, Jessica Armijo of WUSD conducted
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COMPLAINT FOR DAMAGES
1 an informal investigation, after L.Y. left WUSD, which ultimately sustained all of L.Y.’s
2 allegations.
3 52. WUSD had a policy to prevent and address sexual harassment which it,
4 Superintendent Uccelli, Principal CAMRON, and the teachers failed to follow. The WUSD
5 school board, with actual knowledge of all of the incidents outlined herein, failed to enforce its
6 own policy.
7 53. Plaintiff has exhausted all her administrative remedies and the decision of WUSD
8 has become final insofar as plaintiff is presently concerned. As required per the California Tort
9 Claims Act, L.Y. served tort claim/claim for damages forms on September 7, 2023.
10 54. On or about October 17, 2023 the Property and Liability Claims Administration for
11 WUSD responded and rejected L.Y.’s claim in writing.
12 55. Aside from the post-traumatic stress and other emotional trauma suffered by
13 L.Y., she was deprived of the Free and Appropriate Education per the statutory benefits of a 504
14 plan, deprived of basic learning and a basic education required by law, felt unsafe on campus
15 constantly, and traumatized by Defendant’s inaction. As a result, her parents were forced under
16 severe duress to pull her out of WUSD.
17 FIRST CAUSE OF ACTION
(Negligence)
18
As to All Defendants
19 56. Plaintiff realleges and incorporates herein by reference all preceding
20 paragraphs of this Complaint as though fully set forth herein except those allegations that are
21 inconsistent with this cause of action.
22 57. WUSD and its employees and agents Jill CAMRON, Ms. Roggio, Ms.
23 Dumbacher, Gina Uccelli, Angela Lauer and Abel Coronel each had a duty based on the special
24 relationship between students and school personnel, as well as of ordinary care, statutory, and
25 constitutional duties to L.Y. to provide a free public education that is safe and peaceful, free from
26 discrimination, harassment, bullying, and physical and mental injury. These WUSD agents, each
27 of them, had a duty to supervise at all times the conduct of staff and other children on the school
28 grounds and to enforce rules and regulations necessary to ensure the wellbeing and the protection
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COMPLAINT FOR DAMAGES
1 of L.Y.. The Legislature hereby recognizes that all pupils enrolled in the state public schools have
2 the inalienable right to attend classes on school campuses that are safe, secure, and peaceful per
3 Ed. Code § 32261(a) and each of these educators had a duty to ensure that L.Y., who was
4 required to attend school, attend safe, secure and peaceful classes but instead failed to do so as
5 alleged in the general allegations incorporated herein.
6 58. On the dates herein mention in the preceding paragraphs incorporated herein
7 by reference, the WUSD and its employees and agents listed in paragraph 48 breached their duty 1
8 to L.Y., conduct which was ratified by the WUSD school board, by failing to exercise "that
9 degree of care 'which a person of ordinary prudence, charged with comparable duties, would
10 exercise under the same circumstance” when they abused their discretion by committing and
11 allowing bullying, committing and allowing harassment, allowing sexual harassment by another
12 student, committing and allowing humiliation by teachers and other students, and allowing
13 physical injury to occur by other students as alleged in detail in the general allegations in
14 violation of the law.
15 59. As a proximate result of the actions of WUSD and its employees and agents
16 listed in paragraph 48, their conduct outlined in the general allegations incorporated herein by
17 reference, caused severe emotional distress and mental damage to Plaintiff causing her to lose
18 sleep, have nightmares, suffer mental trauma, suffer from post-traumatic stress syndrome, suffer
19 physical damage in the form of a broken nose, damage to her nervous system, learning loss and
20 other damages to be presented at trial as laid out herein. This conduct by the WUSD employees
21 inflicted severe trauma, embarrassment, humiliation, and emotional distress on Plaintiff who had
22 already been abused as a young child thereby exacerbating that trauma.
23 60. WUSD’s employee’s conduct, and each of its managing agents, at all times in
24 this regard was extreme and outrageous. Plaintiff has been damaged and suffers severe and
25
26 1
See duties owed as listed in paragraphs 16-18 herein. A school district is liable for injuries caused by inadequate
27 supervision of students on school grounds. Dailey v. Los Angeles Unified Sch. Dist. (1970) 2 Cal. 3d 741, 747–751;
Biggers v. Sacramento City Unified Sch. Dist. (1972) 25 Cal. App. 3d 269, 273–275.
28
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COMPLAINT FOR DAMAGES
1 pervasive emotional distress and mental trauma based on the outrageous conduct described
2 herein.
3 61. As a direct and proximate cause as a result of the Defendant’s and its agents
4 malicious, intentional and negligent actions described herein, Plaintiff has suffered great stress,
5 annoyance, emotional trauma, incurred attorney’s fees in an amount to be proven at trial.
6 SECOND CAUSE OF ACTION
(Intentional Infliction of Emotional Distress)
7 As to All Defendants
8 62. Plaintiffs reallege and incorporate herein by reference all preceding paragraphs
9 of this Complaint as though fully set forth herein except those allegations that are inconsistent
10 with this cause of action.
11 63. The conduct of the WUSD’s employees and agents Jill CAMRON, Ms.
12 Roggio, Ms. Dumbacher, Gina Uccelli, Angela Lauer and Abel Coronel, and each of them, as
13 outlined herein in the general allegations incorporated herein by reference, was so outrageous in
14 character and so extreme in degree as to go beyond all possible bounds of decency and to be
15 regarded as atrocious and utterly intolerable in a civilized community in that WUSD’s agents and
16 employees, each of them were in positions of power as school authorities, repeatedly failed to
17 protect L.Y. from sexual harassment, bullying, failed to protect her from verbal and physical
18 abuse, failed to protect her from physical injury that resulted in a broken nose, and allowed
19 teacher and students to engage in humiliation as alleged in detail herein in the general allegations
20 incorporated herein by this reference.
21 64. The WUSD’s employees and agents, each of them, intended to cause, and/or
22 recklessly disregarded the possibility of causing L.Y. severe emotional distress, physical injury,
23 sexual harassment by way of failing to supervise its staff and students or protect L.Y. or failing to
24 follow Title IX and bullying laws of California or stop the sexual harassment, physical
25 harassment and bullying.
26 65. As a direct and proximate result of the conduct of the Defendant’s managing
27 agents, each of them, L.Y. now suffers from post-traumatic stress disorder, suffered severe
28
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COMPLAINT FOR DAMAGES
1 emotional distress, increased anxiety, nightmares, loss of learning and other damages in the form
2 emotional damage and learning loss to be presented at trial.
3 66. The acts of defendants, and each of them, as herein alleged were outrageous,
4 intentional, willful, wanton, malicious, and oppressive, and justify the awarding of punitive
5 damages against Defendant CAMRON and UCCELLI.
6 THIRD CAUSE OF ACTION
Violation of Title IX of Education Amendments of 1972
7 As to WUSD
8 67. Plaintiff incorporates, by reference, all the foregoing paragraphs of this
9 complaint as though fully set forth herein except those allegations that are inconsistent with this
10 cause of action.
11 68. Pursuant to Title IX of the Education Amendments of 1972 ("Title IX"), "[n]o
12 person in the United States shall, on the basis of sex, be excluded from participation in, be denied
13 the benefits of, or be subjected to discrimination under any education program or activity
14 receiving Federal financial assistance." 20 U.S.C. §1681(a). "'Discrimination' is a term that covers
15 a wide range of intentional unequal treatment; by using such a broad term, Congress gave the
16 statute a broad reach." M.M. v. San Juan Unified Sch. Dist., 2020 U.S. Dist. LEXIS 175940, *9
17 69. WUSD is a recipient of state and federal funding rendering it subject to Title
18 IX.
19 70. Private right of action for claims of Title IX violations is well-established.
20 Cannon v. University of Chicago, 441 U.S. 677 (1979). The US Supreme Court has also allowed
21 monetary damages for Title IX violations. Franklin v. Gwinnett County Public Schools, 503 U.S.
22 60 (1992).
23 71. The Rehabilitation Act Amendments of 1986 abrogate States’ immunity under
24 the Eleventh Amendment for Title IX violations. 42 USC 2000d-7.
25 72. WUSD had a policy to ensure students were safe, learned, and did not suffer
26 bullying and sexual harassment but they failed to follow their own policy let alone the law.
27 WUSD did not effectively implement any adequate or effective formal or informal policy to
28 ensure that Washington Union Elementary was safe for students who, like L.Y. who are
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COMPLAINT FOR DAMAGES
1 special needs, and thus when plaintiff complained to the individual defendants, they were
2 deliberately indifferent to plaintiff’s safety in that they did nothing to discipline the students
3 or to prevent it from repeatedly happening despite having actual knowledge of the tortious
4 conduct by WUSD students and teachers towards L.Y.. Not one of the Defendants, any of
5 them, took any meaningful action to stop the sexual, emotional and physical harassment and
6 discrimination L.Y. suffered from. School districts has an obligation to take some reasonable,
7 corrective action. M.M. v. San Juan Unified Sch. Dist., 2020 U.S. Dist. LEXIS 175940, *27.
8 73. From about August 2022 to June 2023, plaintiff was subject to verbal abuse
9 by Ms. Lauer a teacher, bullying and harassment by four fellow students – one named Cayden,
10 sexual harassment by Eddie who was a fellow student, physical abuse by Jacob and Hudson who
11 were fellow students, in that they performed the following acts: Eddie groped plaintiff’s genital
12 area, touched her inappropriately in a sexual manner on her shoulder and blew kisses at her, and
13 made vulgar statements of a sexually provocative nature to plaintiff by laying down on a bench
14 with his legs spread open while telling L.Y. to put her head on his genitals; Ms. Lauer was
15 verbally abusive to L.Y. by slamming her hand on L.Y.’s desk for not using her pencil correctly
16 several times and yelling at her for asking for more instruction; Jacob hit L.Y. twice with a water
17 bottle because she stood up for another student who was being bullied; Cayden and his three
18 friends took pictures of L.Y. without permission and photoshopped them to make her look
19 ridiculous then showed other students, Cayden and his three friends sang a F* You song to L.Y.
20 during class, and Hudson swung a metal water bottle at L.Y and broke her nose, all which
21 effectively caused nightmares, anxiety, and prevented plaintiff from attending school for a period
22 of time. When she was at school, this conduct prevented her from learning and engaging in school
23 activities. L.Y. was unable to take the bus for several weeks due to the bullying. The acts each of
24 these harassers interfered with plaintiff’s ability to attend school and perform her studies and
25 activities. L.Y.’s grades suffered in Lauer’s class due to the verbal abuse and improved in Ms.
26 Dumbacher’s class.
27 74. Throughout the period of September 2022 to June 2023, plaintiff and
28 plaintiff’s mother and father reported each of the incidents described in Paragraph 72 to Ms.
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COMPLAINT FOR DAMAGES
1 Dumbacher, plaintiff’s classroom teacher, Ms. Uccelli the WUSD superintendent, and Ms.
2 CAMRON the school principal. Notwithstanding these reports zero disciplinary action was taken
3 against Ms. Lauer, student Eddie, student Jacob, student Hudson and students Cayden and
4 friends. Also, at all times herein relevant, defendant WUSD school board, superintendent Uccelli,
5 and principal CAMRON did not instruct its personnel on how to respond to bullying, physical
6 abuse, or sexual harassment of students by fellow students, and while they established a policy,
7 they failed to enforce it. This deliberate indifference of defendants to the acts of Ms. Lauer,
8 Eddie, Jacob, Hudson, Cayden and friends and defendant’s failure to even implement a policy
9 concerning sexual harassment and bullying of students by fellow students in accordance with the
10 law excluded plaintiff from participation in and denied plaintiff the benefits of her education and
11 her right to 504 plan benefits.
12 75. WUSD’s district and school administrators and teachers failed to take
13 immediate and appropriate corrective action in response to the bullying and sexual harassment
14 L.Y. was suffering they knew or should have known about.
15 76. Ms. Uccelli, who was the designated Title IX coordinator for WUSD, failed
16 not only to implement or enforce Title IX requisites, but she also failed to train WUSD employees
17 in the proper procedures or offer L.Y.’s parents the requisite supportive measures despite the fact
18 that L.Y.’s parents repeatedly went to her for help and on at least one occasion demanded a no-
19 contact order at a minimum.
20 77. The above-recited actions of defendants in excluding plaintiff from
21 participation in, denying plaintiff the benefits of, and/or subjecting plaintiff to discrimination on
22 the basis of sex in violation of Title IX of the Education Amendments of 1972 and Education
23 Code sections 200-202 were done with evil motive or intent, or with reckless or callous
24 indifference to plaintiff’s rights.
25 78. Plaintiffs further alleges that defendants' actions, failures to act, and/or
26 deliberate indifference towards the bullying, sexual harassment and discrimination that plaintiff
27 suffered were carried out because of her sex and actual or perceived disability. Through these
28 intentional acts and the acts of deliberate indifference of failing to even properly respond to the
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COMPLAINT FOR DAMAGES
1 timely and repeated complaints of the conduct outlined in paragraph 72, plaintiff was deprived of
2 the equal rights and opportunities in a public educational institution as guaranteed under the
3 California Education Code Sections 200, 220, 233.5 and 262.4.
4 79. Defendants’ responsibility to address and respond to sexual harassment and
5 assault applies regardless of the potential application of any anti-bullying policy and regardless of
6 whether a student has complained, asked the school to take action, or identified the harassment as
7 a form of discrimination. See U.S. Dept. of Education, Office for Civil Rights, Dear Colleagues
8 Letter, Oct. 26, 2010.
9 80. WUSD, UCCELLI and CAMRON had control over Eddie, Camden, Jacob,
10 Ms. Lauer and the other harassers, and the campus of Washington Union Elementary School,
11 where the harassment occurred. WUSD and its officials had authority to take corrective action to
12 end the discrimination and sexual harassment, but they failed to do so and ignored the many
13 instances of student-on-student harassment at Washington Elementary School involving these
14 students, including other students besides L.Y., despite widespread knowledge that such conduct
15 was commonplace.
16 81. As a proximate result of defendants’ actions against plaintiff, each of them, as
17 alleged above, plaintiff has been harmed in that plaintiff has suffered severe psychological
18 trauma, loss of sleep, extreme anxiety, was terrified to go to school, nightmares, damage to her
19 nervous system, and suffers from post-traumatic stress disorder such that it deprived her of access
20 to educational opportunities or benefits she was entitled all to her damage in an amount according
21 to proof at trial.
FOURTH CAUSE OF ACTION
22 Negligent Supervision of Students
Violation of Gov. Code §§§815.2, 815.6, 820
23
As to All Defendants
24 82. Plaintiff incorporates, by reference, all the foregoing paragraphs of this
25 complaint as though fully set forth herein except those allegations that are inconsistent with this
26 cause of action.
27 83. School districts are vicariously liable for
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Tracy L. Henderson, Esq (SBN 252888) 1 Law Offices of Tracy L. Henderson, Esq P. O. Box 221562 2 Carmel, CA 93922 3 T: 831.917.1583 tlhlaw@protonmail.com 4 Attorneys for Plaintiff L.Y, a minor 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF MONTEREY UNLIMITED CIVIL 10 L.Y., a minor, by Robert Yee her guardian CASE NO. 11 ad litem, 12 Plaintiff, COMPLAINT FOR DAMAGES 13 v. 1. NEGLIGENCE; 14 WASHINGTON UNION SCHOOL 2. INTENTIONAL INFLICTION OF DISTRICT, a California school district, EMOTIONAL DISTRESS; 15 GINA UCCELLI as an individual and in her official capacity as superintendent of 3. VIOLATION OF TITLE IX of 16 Washington Union School District, JILL Education Amendments of 1972; CAMRON as an individual and in her 4. NEGLIGENT SUPERVISION of 17 official capacity as principal of Washington Students Violation of Gov. Code §§§815.2, Union Elementary, , and DOES 1-10, 815.6, 820 18 inclusive, 5. VIOLATION OF EDUCATION CODE §§200 et seq.. 19 Defendants. ___________________________________ 20 21 22 PLAINTIFF L.Y, a minor by Robert Yee her guardian ad litem, alleges as follows: 23 THE PARTIES 24 1. L.Y. (collectively Plaintiff or “L.Y.”) is, and at all times mentioned in this 25 complaint, a minor and an individual and at all times herein mentioned was, a resident of 26 Monterey County, California, and was a pupil duly enrolled in Washington Union Elementary 27 School, which is maintained and operated by defendant Washington Union School District. L.Y. 28 brings this complaint through her guardian ad litem Robert Yee. -1- COMPLAINT FOR DAMAGES 1 2. Robert Yee is the natural parent of the minor L.Y. 2 3. Defendant Washington Union School District (“WUSD”) is, and at all times 3 herein mentioned was, a public entity operating as school district duly organized and existing 4 under the laws of the State of California. WUSD is governed by elected officials that serve as 5 Members of its Board of Trustees. Washington Union Elementary is an elementary school within 6 WUSD. 7 4. Defendant JILL CAMRON (“CAMRON”) was at all times herein the principal 8 of Washington Union Elementary School, acting in her individual capacity as well as in her role 9 as principal, and an employee of defendant WUSD during the incidents outlined herein. 10 5. Defendant GINA UCCELLI (“UCCELLI”) was at all times herein, the 11 superintendent of Washington Union Elementary School, acting in her individual capacity as well 12 as in her role as superintendent, and an employee of defendant WUSD during the incidents 13 outlined herein. 14 6. WUSD Board of Trustees are the duly elected governing board for WUSD. 15 7. JILL CAMRON, Abel Coronel, Angela Lauer, Yvonne Roggio, and GINA 16 UCCELLI, at all times herein, were all employees of defendant WUSD acting individually and in 17 the capacity as employees for WUSD. In doing the things hereinafter mentioned, they acted under 18 color of their authority and under the color of the customs, usages of defendant WUSD and 19 pursuant to the official policies of defendant WUSD as enacted and adopted by Gina acting under 20 color of its authority as such. 21 8. Plaintiff is informed and believes and thereon alleges that, at all times herein 22 mentioned, JILL CAMRON, Abel Coronel, Angela Lauer, Yvonne Roggio, and GINA 23 UCCELLI, were employees of WUSD and in doing the things hereinafter alleged, were agents of 24 WUSD and acting within the course and scope of such agency and with the permission and 25 consent of Defendant WUSD, the WUSD board of trustees, and Superintendent Gina Uccelli. In 26 doing the things hereinafter mentioned, these Defendants acted under color of their authority and 27 under the color of the customs and usages of Defendant WUSD and Superintendent Uccelli and 28 -2- COMPLAINT FOR DAMAGES 1 pursuant to the official policies of Defendant WUSD as enacted and adopted by it's the Governing 2 Board and Superintendent acting under color of its authority as such. 3 9. Plaintiff is informed and believe, and thereon alleges, that each of the 4 fictitiously named defendants proximately caused damages to Plaintiff as alleged herein and/or is 5 responsible for the acts complained of herein. Plaintiff will seek leave of Court to amend this 6 Complaint when the true identities of such DOE defendants have been ascertained. 7 10. DOES 1 through 50 were the agents, servants and/or employees of their 8 defendants, and in doing or failing to do the acts alleged herein were acting in the course and 9 scope of their authority and with the permission and consent of their defendants, and each of 10 them. 11 JURISDICTION AND VENUE 12 11. This Court has personal jurisdiction over Defendants. They are governmental 13 actors that conduct business in and maintain operations in Monterey County on behalf of 14 Defendant WUSD. 15 12. Venue is proper in the county in which “the cause, or some part of the cause, 16 arose,” for a suit against a public officer’s act. (Cal. Code of Civ. Proc. § 393(b).) This Court is 17 the proper venue for this action because the Defendants either reside in or maintain executive 18 offices in this County, a substantial portion of the transactions and wrongs complained of herein 19 took place in this County, including Defendants’ primary participation in the acts detailed herein, 20 and Plaintiff’s injuries occurred in this County. 21 GENERAL ALLEGATIONS 22 13. The California Constitution provides that in person instruction in public 23 schools is a fundamental right. California Constitution § 5, AIX: SEC. 5 24 14. Attendance at school in California is compulsory according to California law. 25 Cal Ed Code § 48200 (children between ages 6 and 18 years subject to compulsory full-time 26 education.) 27 15. A special relationship is formed between a school district and its students 28 resulting in the imposition of an affirmative duty on the school district to take all reasonable steps -3- COMPLAINT FOR DAMAGES 1 to protect its students. This affirmative duty arises, in part, based on the compulsory nature of 2 education. Rodriguez v. Inglewood Unified School Dist. (1986) 186 Cal. App. 3d 707, 714–715; 3 Cal. Const., art. I, § 28, subd.(c) (students have inalienable right to attend safe, secure and 4 peaceful campuses. “[T]he right of all students to a school environment fit for learning cannot be 5 questioned. Attendance is mandatory and the aim of all schools is to teach. Teaching and learning 6 cannot take place without the physical and mental well-being of the students. The school 7 premises, in short, must be safe and welcoming.” In re William G. (1985) 40 Cal.3d 550, 563) as 8 cited in M. W. v. Panama Buena Vista Union School Dist., 110 Cal. App. 4th 508, 517 9 16. The principles pertaining to a school district's duty to supervise students are 10 well established. “It is the duty of the school authorities to supervise at all times the conduct of 11 the children on the school grounds and to enforce those rules and regulations necessary to their 12 protection. The school district is liable for injuries which result from a failure of its officers and 13 employees to use ordinary care in this respect.” M. W. v. Panama Buena Vista Union School 14 Dist., 110 Cal. App. 4th 508, 517 15 17. All students are entitled to “equal rights and opportunities” in education (Ed. 16 Code § 200) and to participate fully in the educational process “free from discrimination and 17 harassment.” Ed. Code § 200, 201. To effectuate this policy, which is guaranteed by the federal 18 and state Constitutions, the Legislature requires California's public schools to take affirmative 19 steps to “combat … forms of bias.” (Ed Code § 201, subd. (b).) They also must “prevent and 20 respond to acts of bias-related incidents” in an “urgent” manner (§ 201, subd. (d)) Donovan v. 21 Poway Unified School Dist., 167 Cal. App. 4th 567, 606. 22 18. It is a fundamental right of a parent to make decisions concerning the care, custody, 23 and control of his child. (Doe v. Albany Unified School Dist. (2010) 190 Cal.App.4th 668, 685, 24 citing In re Samuel G (2009) 174 Cal.App.4th 502, 509 (“Among the constitutional privileges 25 enjoyed by parents is the right to determine how their children should be educated”); Troxel v. 26 Granville (2000) 530 U.S. 57, 66, citing cases recognizing “the fundamental right of parents to 27 make decisions concerning the care, custody, and control of their children”). 28 -4- COMPLAINT FOR DAMAGES 1 19. Per Ed Code §51101(7)(a) Except as provided in subdivision (d), the parents and 2 guardians of pupils enrolled in public schools have the right and should have the opportunity, as 3 mutually supportive and respectful partners in the education of their children within the public 4 schools, to be informed by the school, and to participate in the education of their children, 5 including but not limited to, have a school environment for their child that is safe and supportive 6 of learning. 7 20. The opportunity to attend and receive instruction in the public schools is a 8 legal right that is enforceable by the same means as any other legal right. Piper v. Big Pine School 9 Dist. (1924) 193 Cal. 664, 669–670; Ward v. Flood (1874) 48 Cal. 36, 50. Public education is a 10 fundamental right under the equal protection provisions of the California Constitution. Butt v. 11 State of California (1992) 4 Cal. 4th 668, 678–680; Serrano v. Priest (1976) 18 Cal. 3d 728, 765– 12 766; Clowes v. Serrano 432 U.S. 907 (1977); see Serrano v. Priest (1971) 5 Cal. 3d 584, 596 13 n.11, 604–610. 14 21. L.Y. was born in 2012 and Robert Yee, her father, and Therese Yee, her 15 mother, adopted her on or about November 16, 2020. 16 22. L.Y. is an 11-year old minor in the 5th grade. During the time of the alleged 17 incidents hereinafter outlined, she attended Washington Union Elementary which is a public 18 school that is part of WUSD and was 9 or 10 years old in the fourth grade. 19 23. Beginning in late 2022, L.Y. began experiencing what became systematic and 20 continuous physical, verbal and sexual abuse while attending Washington Union Elementary 21 from peers and teachers which deprived her of equal access to an education because WUSD failed 22 to stop the abuse. She was verbally abused and made fun of by her fourth-grade teacher Ms. 23 Lauer to the point where L.Y. was afraid to ask questions of her teacher in class or about the 24 homework. Principal CAMRON began to target L.Y. for complaining about the conduct of her 25 teacher. L.Y. was hit in the face twice with metal water bottles, of which the second incident 26 resulted in a broken nose, which was minimized as nothing by WUSD staff. L.Y. was sexually 27 harassed and assaulted by a fellow student when he groped her in the crotch, inappropriately 28 touched on the shoulder while he blew kisses in her ear, and laid on a bench, spread his legs, then -5- COMPLAINT FOR DAMAGES 1 told her to put her head down on his crotch. L.Y. was bullied and humiliated by four boys on the 2 bus repeatedly when they sang an F*ck you song, took pictures of her, then changed the pictures 3 to be humiliating and passed them around the bus. All of this caused nightmares, anxiety, 4 emotional trauma, loss of learning, and a loss of any desire to go to school. WUSD did nothing to 5 stop any of it. 6 24. On or about August 2022, while in Ms. Lauer’s fourth grade class, Ms. Lauer 7 slammed her hand on L.Y.’s desk for not using her pencil correctly several times. 8 25. On or about August 2022, while Ms. Lauer was giving instructions, L.Y. raised 9 her hand and asked Ms. Lauer to repeat the instructions. In response, Ms. Lauer threw her hands 10 up and said “ok class we are going to stop our class right now because L.Y. was not paying 11 attention.” L.Y. said she was paying attention but instead asked if Ms. Lauer could repeat the 12 instructions. L.Y. was so humiliated and devastated she told her parents she never wanted to raise 13 her hand again. L.Y. had to call her friends to get an explanation on how to do the math 14 homework because she was afraid of Ms. Lauer and didn’t understand. 15 26. Ms. Lauer in a very stern mean way would make L.Y. sit very close to her desk 16 and sit up straight. It made L.Y. feel extremely uncomfortable. 17 27. L.Y. should be on a 504 plan for her background of having suffered domestic 18 violence and drug exposure in and out of utero which caused comprehension, behavior issues, and 19 learning disabilities. In September 2022, L.Y.’s parents met with L.Y.’s therapist, teacher Angela 20 Lauer and principal Jill CAMRON to assess L.Y. for a 504 plan. After the meeting, this group 21 recommended that L.Y. be on a 504 plan and Ms. CAMRON stated she would work on the 504 22 plan for L.Y.. However, L.Y.’s parents never received any documentation for the 504 plan. L.Y.’s 23 parents assumed Ms. CAMRON had implemented the 504 plan, but L.Y.’s parents discovered in 24 May 2023 that L.Y. was never actually on a 504 plan. In the Americans with Disabilities Act 25 (ADA) and Section 504, a person with a disability is someone who has an impairment (either 26 physical or mental) that substantially limits major life activities (such as eating and breathing and 27 going to school). 28 -6- COMPLAINT FOR DAMAGES 1 28. In the same meeting in September 2022, L.Y.’s parents informed principal 2 CAMRON that L.Y.’s then teacher Ms. Lauer was verbally abusive to her. This conduct by Ms. 3 Lauer caused L.Y. to lose sleep and have nightmares, become riddled with anxiety, and have no 4 desire to go to school. Eventually, after a great deal of complaining, L.Y. was moved to Ms. 5 Dumbacher’s class. 6 29. After L.Y. was moved to Ms. Dumbacher’s class, Ms. CAMRON began acts of 7 retaliation against L.Y. and began harassing L.Y.’s parents. Ms. CAMRON relentlessly tried to 8 find L.Y. in the wrong by constantly contacted L.Y.’s parents over every little tiny issue whether 9 necessary or not. Even the children referenced herein who were actually engaging in wrongdoing 10 were not contacted at all let alone relentlessly. 11 30. On or about February 9, 2023, a student named Jacob hit L.Y. twice with a 12 metal water bottle for standing up for a female student he was being mean to. L.Y. and her 13 parents complained. As of February 16, 2023, neither principal CAMRON nor Mrs. Roggio, the 14 school secretary, had not contacted Jacob or Jacob’s parents or disciplined Jacob in any way. 15 31. On or about February 21, 2023, L.Y. was humiliated and shamed by four male 16 students, one named Cayden, on the school bus. The four male students took pictures of her, 17 photoshopped or edited them to make her look bad, then passed the photos around the bus. This 18 cause L.Y. to cry hysterically. L.Y.’s parents contacted Ms. Roggio, the school secretary, about 19 the incident as well as superintendent UCCELLI and principal CAMRON but they did nothing 20 about it. In fact, the male students’ parents were never contacted nor was any discipline initiated. 21 Instead, principal CAMRON focused on L.Y.’s telling them to leave her alone instead of the 22 bullying by the male students essentially wrongfully blaming L.Y. for the entire incident. This 23 was only the beginning of the deliberate indifference exercised by Principal CAMRON. 24 32. On or about February 22, 2023, the same male students started singing an F- 25 you song to L.Y. on the bus and during class. This humiliated and caused L.Y. grave anxiety. 26 L.Y.’s parents contacted the WUSD district office to complain and raise concerns about the two 27 incidents. Plaintiff is informed and believes that the boys’ parents were never notified nor were 28 -7- COMPLAINT FOR DAMAGES 1 the male students ever disciplined. Effectively, WUSD and superintendent UCCELLI took no 2 action despite actual knowledge of the continuing harassment. 3 33. On or about March 9, 2023, a male student Hudson swung a metal water bottle 4 at L.Y. and broke her nose. L.Y. was taken to the office, the injury was minimized despite the fact 5 that her nose was severely bleeding. There were no teachers or adults around anywhere and a 6 student had to escort L.Y. to the office because her nose was bleeding and she was showing 7 outward signs of extreme disorientation. Ms. Roggio the school secretary called Therese Yee, 8 L.Y.’s mother, to inform her of the incident. Ms. Roggio falsely stated that all the kids were 9 goofing off and that the kids were having a water fights. She told Mrs. Yee that L.Y. was fine and 10 she thought she could go back to class. Ms. Roggio allowed Mrs. Yee to talk to L.Y. who asked 11 L.Y. if she was really ok. L.Y. said “well Ms. Roggio says I’m ok so I guess I can go back.” Mrs. 12 Yee did not like the sound of L.Y’s voice so she went to the office early to get L.Y. so she wasn’t 13 subjected to the bus. The minute Mrs. Yee looked at her she saw that she had a broken nose with 14 bruises and swelling – L.Y. didn’t even look like herself. Mrs. Yee was absolutely shocked and 15 furious when she found out that what had happened was L.Y. was hit with a large metal water 16 bottle. L.Y. was in a lot of pain but the school secretary, supervised by principal CAMRON, 17 neglected to properly have a medical professional assess L.Y.. L.Y. was ultimately taken to the 18 hospital by her family and treated for a broken nose. Nobody at Washington Union Elementary, 19 not one person, even asked how L.Y. was after she had gone to the hospital. 20 34. On March 10, 2023, L.Y. was seen at Community Hospital of the Monterey 21 Peninsula for her injury to her nose as it had been bleeding, swelling and bruising. L.Y. was 22 diagnosed with a maxillary fracture, mandibular fracture, nasal bone fracture and septal 23 hematoma. L.Y. suffered learning loss as she missed school this day to go to the hospital. 24 35. On March 10, 2023, L.Y.’s parents went to the district office to complain about 25 the broken nose incident and after two attempts to meet with superintendent UCCELLI, a meeting 26 finally happened. Ms. UCCELLI brushed the matter off as an accident and no discipline was 27 given to the male student that broke L.Y.’s nose. Ms. UCCELLI did admit that bullying on the 28 school bus was an ongoing problem that she had no solution for which amounted to pure -8- COMPLAINT FOR DAMAGES 1 deliberate indifference of the harm happening to L.Y. with actual knowledge by Superintendent 2 UCCELLI. 3 36. On or about March 25, 2023, L.Y.’s parents contacted principal CAMRON to 4 inquire why no incident report was provided relating to L.Y.’s broken nose. The fact that 5 according to the WUSD Parental Notification of Rights and Responsibilities Pamphlet parents are 6 liable for their children’s actions that damage others was brought up. L.Y.’s parents requested that 7 Hudson’s parents be contacted and that medical expenses be paid. L.Y. is informed and believes 8 that the parents of the student that broke her nose were never notified by principal CAMRON nor 9 was anything done to discipline this student. 10 37. On or about May 16, 2023, a student went to the office and told principal 11 CAMRON that L.Y. had drawn testicles on the desk. In the class, L.Y. had actually drew a flower 12 on the desk. The other student falsely claimed they were testicles then wiped the drawing off 13 before the teacher could verify one way or the other. L.Y. was given a behavior infraction by 14 principal CAMRON without any evidence to support the allegation of the other student. L.Y.’s 15 parents confirmed with the teacher that night at the open house, Ms. Dumbacher, that all L.Y. did 16 was draw on the desk not that she drew testicles on the desk. This was just more retaliation by 17 principal CAMRON. 18 38. On or about May 16, 2023, Abel Coronel, the Washington Union Elementary 19 school counselor pulled L.Y. off the playground and took her into a classroom. He asked her if 20 she had ever lied and this made L.Y. very uncomfortable. This conversation took place without 21 L.Y.’s parent’s permission or knowledge. Upon learning that this unauthorized communication 22 took place without their knowledge, L.Y.’s parents instructed Mr. Coronel via email to refrain 23 from communicating with L.Y. without their express permission in the future. 24 39. A few months prior, the counselor had told L.Y. that if she ever wanted to talk, 25 the conversation would be confidential and stay between them. After the May 16, 2023 26 conversation, Mr. Coronel went into the principal’s office, and with the door open and L.Y. in the 27 office, he revealed the contents of their private conversation which really upset L.Y.. 28 -9- COMPLAINT FOR DAMAGES 1 40. In early 2023, L.Y. complained to her teacher Ms. Dumbacher at least four 2 occasions about inappropriate behavior on the part of a fellow student Eddie. Eddie would come 3 up to L.Y. and whisper and blow into her ear, hug her from behind and grab her breasts, reach out 4 in front of her to pretend to try to squeeze her breasts on at least two occasions, and sneak up on 5 her on the playground causing her to look over her shoulder while on the playground. Principal 6 CAMRON then lied to the police about the fact that L.Y. complained to her teacher multiple 7 times. 8 41. On or about May 19, 2023, principal CAMRON contacted L.Y.’s parents to 9 inform them that a male student, Eddie, had touched L.Y. inappropriately by groping her in the 10 crotch area. The student had grabbed L.Y. and brought her close to him from the side then groped 11 her private parts without permission. Principal CAMRON made the false representation to L.Y.’s 12 parents that L.Y. had said the incident was an “accident” when it was not. In fact, principal 13 CAMRON went as far as to scare L.Y. into making statements to minimize the blatant sexual 14 assault and harassment. L.Y. was afraid of principal CAMRON so she did whatever she told her 15 to do. During the conversation, Ms. CAMRON asked L.Y.’s parents what they wanted her to do. 16 They informed principal CAMRON that they wanted Eddie’s parents contacted, disciplinary 17 action taken, and to keep Eddie away from L.Y. Ms. CAMRON informed L.Y.’s parents that “she 18 would handle it.” L.Y. is informed and believes Ms. CAMRON did absolutely nothing about this 19 serious act of sexual harassment by Eddie. Despite clear requests, a no-contact order was never 20 implemented nor were support services offered by CAMRON or UCCELLI in violation of Title 21 IX. 22 42. On or about May 23, 2023, the same male student, Eddie, came up to L.Y., 23 tapped her on the shoulder and blew kisses in her ear. L.Y. pushed him away and told him not to 24 touch her. L.Y. informed teacher Dumbacher and principal CAMRON of the incident. L.Y. is 25 informed and believes neither Dumbacher or Principal CAMRON took any action to stop this or 26 address this second act sexual harassment as it continued despite her and her parent’s complaints 27 to defendants. 28 - 10 - COMPLAINT FOR DAMAGES 1 43. On or about May 25, 2023, having not heard from the school nor having been 2 given any information that the male student Eddie was dealt with appropriately for the sexual 3 harassment, L.Y.’s parents contacted superintendent UCCELLI and informed her of Title IX 4 requirements for sexual harassment. On this same date, the Monterey County Sheriff called L.Y’s 5 parents and left a message. 6 44. On the same date, L.Y.’s parents met with superintendent UCCELLI for over 7 an hour to go over all of the bullying and sexual harassment incidents outlined herein. 8 Superintendent UCCELLI again acknowledged the bullying problem on the school bus without 9 offering any solution or action plan to stop it. UCCELLI did nothing about any of the incidents. 10 45. L.Y. told her parents she did not want to go to school the last week in June 11 2023 because of the sexual harassment by Eddie that WUSD employees were doing nothing 12 about. When L.Y.’s parents picked her up, Ms. Dumbacher was informed of this information. In 13 response, Ms. Dumbacher stated “Eddie is working on his issues.” L.Y. was deprived of any 14 learning due to the continued persistent sexual harassment and physical abuse that defendants, 15 each of them, with actual knowledge of the happenings, did nothing to stop. 16 46. In early June 2023, on the last day of school on or about the 8th, L.Y. finally 17 went to school excited as she had not wanted to go to school at all for the past week because of 18 the constant bullying and sexual harassment by Eddie. Unfortunately, that afternoon at the class 19 party in the school amphitheater, Eddie laid down on a bench with his legs spread open and told 20 L.Y. to put her head down “here” which was on his crotch area where his penis was. L.Y. chased 21 Eddie away as she was sickened and humiliated. L.Y. informed Ms. Dumbacher who just merely 22 told the two students to stay away from each other. L.Y. is informed and believes that nothing 23 was ever done by Defendants, each of them, to stop the sexual harassment by Eddie. 24 47. On June 9, 2023, L.Y.’s parents informed the superintendent of WUSD Ms. 25 UCCELLI about the sexual harassment incident via email and that a teacher had been informed 26 by L.Y. after it happened. Superintendent UCCELLI, with actual knowledge of the other previous 27 sexual harassment incidents, bullying and physical abuse, did nothing about it yet again. 28 - 11 - COMPLAINT FOR DAMAGES 1 48. On or about June 10, 2023, L.Y.’s parents contacted the Monterey County 2 Sheriff about the sexual harassment to file a complaint and document the second incident of 3 sexual harassment by Eddie. Apparently, principal CAMRON had contacted the police on or 4 about May 25, 2023 about the first incident of sexual harassment. However, CAMRON falsely 5 posited it to the officer that it was an “accident “and that the child was “raised in an Italian family 6 and it is customary to greet people with a hug and a kiss.” Principal CAMRON had actual 7 knowledge of Eddie’s sexual harassment history but failed to inform the officer that L.Y. had 8 complained about him multiple times prior. Principal CAMRON effectively blew off the 9 persistent sexual harassment of L.Y. by this student. On August 17, 2023, at the request of Robert 10 Yee, the police again documented all of the acts of sexual harassment but did nothing because 11 Eddie was under 12. 12 49. On or about June 14, 2023, superintendent UCCELLI responded to L.Y.’s 13 parents and proceeded to falsely claim that Ms. Dumbacher didn’t remember the sexual 14 harassment incident and that Ms. Dumbacher was going to render a false statement to that effect. 15 L.Y.’s parents informed superintendent UCCELLI that they had contacted the Sheriff. 16 50. On or about August 7, 2023, L.Y.’s parents informed the WUSD school board 17 that due to the rampant bullying and sexual harassment by students that was being swept under 18 the rug and not rectified, costing L.Y. equal access to learning free from harassment and physical 19 abuse, that L.Y. would not be returning. L.Y.’s parents had no choice but to home school at the 20 cost of tens thousands of dollars. 21 51. Plaintiff is informed and believes that Title IX requirements and Education 22 Code statutory requirements were not followed or enforced by any employee of WUSD relating 23 to all the incidents listed herein. On many emails, L.Y.’s parents carbon copied the WUSD school 24 board and they never heard one word from any of them. In addition to a complete failure to 25 appropriately respond to the sexual harassment, bullying, and physical abuse happening to L.Y. 26 repeatedly, no timely investigation of any of L.Y.’s complaints were done by WUSD or 27 Defendants. On or about September 25, 2023 to early 2024, Jessica Armijo of WUSD conducted 28 - 12 - COMPLAINT FOR DAMAGES 1 an informal investigation, after L.Y. left WUSD, which ultimately sustained all of L.Y.’s 2 allegations. 3 52. WUSD had a policy to prevent and address sexual harassment which it, 4 Superintendent Uccelli, Principal CAMRON, and the teachers failed to follow. The WUSD 5 school board, with actual knowledge of all of the incidents outlined herein, failed to enforce its 6 own policy. 7 53. Plaintiff has exhausted all her administrative remedies and the decision of WUSD 8 has become final insofar as plaintiff is presently concerned. As required per the California Tort 9 Claims Act, L.Y. served tort claim/claim for damages forms on September 7, 2023. 10 54. On or about October 17, 2023 the Property and Liability Claims Administration for 11 WUSD responded and rejected L.Y.’s claim in writing. 12 55. Aside from the post-traumatic stress and other emotional trauma suffered by 13 L.Y., she was deprived of the Free and Appropriate Education per the statutory benefits of a 504 14 plan, deprived of basic learning and a basic education required by law, felt unsafe on campus 15 constantly, and traumatized by Defendant’s inaction. As a result, her parents were forced under 16 severe duress to pull her out of WUSD. 17 FIRST CAUSE OF ACTION (Negligence) 18 As to All Defendants 19 56. Plaintiff realleges and incorporates herein by reference all preceding 20 paragraphs of this Complaint as though fully set forth herein except those allegations that are 21 inconsistent with this cause of action. 22 57. WUSD and its employees and agents Jill CAMRON, Ms. Roggio, Ms. 23 Dumbacher, Gina Uccelli, Angela Lauer and Abel Coronel each had a duty based on the special 24 relationship between students and school personnel, as well as of ordinary care, statutory, and 25 constitutional duties to L.Y. to provide a free public education that is safe and peaceful, free from 26 discrimination, harassment, bullying, and physical and mental injury. These WUSD agents, each 27 of them, had a duty to supervise at all times the conduct of staff and other children on the school 28 grounds and to enforce rules and regulations necessary to ensure the wellbeing and the protection - 13 - COMPLAINT FOR DAMAGES 1 of L.Y.. The Legislature hereby recognizes that all pupils enrolled in the state public schools have 2 the inalienable right to attend classes on school campuses that are safe, secure, and peaceful per 3 Ed. Code § 32261(a) and each of these educators had a duty to ensure that L.Y., who was 4 required to attend school, attend safe, secure and peaceful classes but instead failed to do so as 5 alleged in the general allegations incorporated herein. 6 58. On the dates herein mention in the preceding paragraphs incorporated herein 7 by reference, the WUSD and its employees and agents listed in paragraph 48 breached their duty 1 8 to L.Y., conduct which was ratified by the WUSD school board, by failing to exercise "that 9 degree of care 'which a person of ordinary prudence, charged with comparable duties, would 10 exercise under the same circumstance” when they abused their discretion by committing and 11 allowing bullying, committing and allowing harassment, allowing sexual harassment by another 12 student, committing and allowing humiliation by teachers and other students, and allowing 13 physical injury to occur by other students as alleged in detail in the general allegations in 14 violation of the law. 15 59. As a proximate result of the actions of WUSD and its employees and agents 16 listed in paragraph 48, their conduct outlined in the general allegations incorporated herein by 17 reference, caused severe emotional distress and mental damage to Plaintiff causing her to lose 18 sleep, have nightmares, suffer mental trauma, suffer from post-traumatic stress syndrome, suffer 19 physical damage in the form of a broken nose, damage to her nervous system, learning loss and 20 other damages to be presented at trial as laid out herein. This conduct by the WUSD employees 21 inflicted severe trauma, embarrassment, humiliation, and emotional distress on Plaintiff who had 22 already been abused as a young child thereby exacerbating that trauma. 23 60. WUSD’s employee’s conduct, and each of its managing agents, at all times in 24 this regard was extreme and outrageous. Plaintiff has been damaged and suffers severe and 25 26 1 See duties owed as listed in paragraphs 16-18 herein. A school district is liable for injuries caused by inadequate 27 supervision of students on school grounds. Dailey v. Los Angeles Unified Sch. Dist. (1970) 2 Cal. 3d 741, 747–751; Biggers v. Sacramento City Unified Sch. Dist. (1972) 25 Cal. App. 3d 269, 273–275. 28 - 14 - COMPLAINT FOR DAMAGES 1 pervasive emotional distress and mental trauma based on the outrageous conduct described 2 herein. 3 61. As a direct and proximate cause as a result of the Defendant’s and its agents 4 malicious, intentional and negligent actions described herein, Plaintiff has suffered great stress, 5 annoyance, emotional trauma, incurred attorney’s fees in an amount to be proven at trial. 6 SECOND CAUSE OF ACTION (Intentional Infliction of Emotional Distress) 7 As to All Defendants 8 62. Plaintiffs reallege and incorporate herein by reference all preceding paragraphs 9 of this Complaint as though fully set forth herein except those allegations that are inconsistent 10 with this cause of action. 11 63. The conduct of the WUSD’s employees and agents Jill CAMRON, Ms. 12 Roggio, Ms. Dumbacher, Gina Uccelli, Angela Lauer and Abel Coronel, and each of them, as 13 outlined herein in the general allegations incorporated herein by reference, was so outrageous in 14 character and so extreme in degree as to go beyond all possible bounds of decency and to be 15 regarded as atrocious and utterly intolerable in a civilized community in that WUSD’s agents and 16 employees, each of them were in positions of power as school authorities, repeatedly failed to 17 protect L.Y. from sexual harassment, bullying, failed to protect her from verbal and physical 18 abuse, failed to protect her from physical injury that resulted in a broken nose, and allowed 19 teacher and students to engage in humiliation as alleged in detail herein in the general allegations 20 incorporated herein by this reference. 21 64. The WUSD’s employees and agents, each of them, intended to cause, and/or 22 recklessly disregarded the possibility of causing L.Y. severe emotional distress, physical injury, 23 sexual harassment by way of failing to supervise its staff and students or protect L.Y. or failing to 24 follow Title IX and bullying laws of California or stop the sexual harassment, physical 25 harassment and bullying. 26 65. As a direct and proximate result of the conduct of the Defendant’s managing 27 agents, each of them, L.Y. now suffers from post-traumatic stress disorder, suffered severe 28 - 15 - COMPLAINT FOR DAMAGES 1 emotional distress, increased anxiety, nightmares, loss of learning and other damages in the form 2 emotional damage and learning loss to be presented at trial. 3 66. The acts of defendants, and each of them, as herein alleged were outrageous, 4 intentional, willful, wanton, malicious, and oppressive, and justify the awarding of punitive 5 damages against Defendant CAMRON and UCCELLI. 6 THIRD CAUSE OF ACTION Violation of Title IX of Education Amendments of 1972 7 As to WUSD 8 67. Plaintiff incorporates, by reference, all the foregoing paragraphs of this 9 complaint as though fully set forth herein except those allegations that are inconsistent with this 10 cause of action. 11 68. Pursuant to Title IX of the Education Amendments of 1972 ("Title IX"), "[n]o 12 person in the United States shall, on the basis of sex, be excluded from participation in, be denied 13 the benefits of, or be subjected to discrimination under any education program or activity 14 receiving Federal financial assistance." 20 U.S.C. §1681(a). "'Discrimination' is a term that covers 15 a wide range of intentional unequal treatment; by using such a broad term, Congress gave the 16 statute a broad reach." M.M. v. San Juan Unified Sch. Dist., 2020 U.S. Dist. LEXIS 175940, *9 17 69. WUSD is a recipient of state and federal funding rendering it subject to Title 18 IX. 19 70. Private right of action for claims of Title IX violations is well-established. 20 Cannon v. University of Chicago, 441 U.S. 677 (1979). The US Supreme Court has also allowed 21 monetary damages for Title IX violations. Franklin v. Gwinnett County Public Schools, 503 U.S. 22 60 (1992). 23 71. The Rehabilitation Act Amendments of 1986 abrogate States’ immunity under 24 the Eleventh Amendment for Title IX violations. 42 USC 2000d-7. 25 72. WUSD had a policy to ensure students were safe, learned, and did not suffer 26 bullying and sexual harassment but they failed to follow their own policy let alone the law. 27 WUSD did not effectively implement any adequate or effective formal or informal policy to 28 ensure that Washington Union Elementary was safe for students who, like L.Y. who are - 16 - COMPLAINT FOR DAMAGES 1 special needs, and thus when plaintiff complained to the individual defendants, they were 2 deliberately indifferent to plaintiff’s safety in that they did nothing to discipline the students 3 or to prevent it from repeatedly happening despite having actual knowledge of the tortious 4 conduct by WUSD students and teachers towards L.Y.. Not one of the Defendants, any of 5 them, took any meaningful action to stop the sexual, emotional and physical harassment and 6 discrimination L.Y. suffered from. School districts has an obligation to take some reasonable, 7 corrective action. M.M. v. San Juan Unified Sch. Dist., 2020 U.S. Dist. LEXIS 175940, *27. 8 73. From about August 2022 to June 2023, plaintiff was subject to verbal abuse 9 by Ms. Lauer a teacher, bullying and harassment by four fellow students – one named Cayden, 10 sexual harassment by Eddie who was a fellow student, physical abuse by Jacob and Hudson who 11 were fellow students, in that they performed the following acts: Eddie groped plaintiff’s genital 12 area, touched her inappropriately in a sexual manner on her shoulder and blew kisses at her, and 13 made vulgar statements of a sexually provocative nature to plaintiff by laying down on a bench 14 with his legs spread open while telling L.Y. to put her head on his genitals; Ms. Lauer was 15 verbally abusive to L.Y. by slamming her hand on L.Y.’s desk for not using her pencil correctly 16 several times and yelling at her for asking for more instruction; Jacob hit L.Y. twice with a water 17 bottle because she stood up for another student who was being bullied; Cayden and his three 18 friends took pictures of L.Y. without permission and photoshopped them to make her look 19 ridiculous then showed other students, Cayden and his three friends sang a F* You song to L.Y. 20 during class, and Hudson swung a metal water bottle at L.Y and broke her nose, all which 21 effectively caused nightmares, anxiety, and prevented plaintiff from attending school for a period 22 of time. When she was at school, this conduct prevented her from learning and engaging in school 23 activities. L.Y. was unable to take the bus for several weeks due to the bullying. The acts each of 24 these harassers interfered with plaintiff’s ability to attend school and perform her studies and 25 activities. L.Y.’s grades suffered in Lauer’s class due to the verbal abuse and improved in Ms. 26 Dumbacher’s class. 27 74. Throughout the period of September 2022 to June 2023, plaintiff and 28 plaintiff’s mother and father reported each of the incidents described in Paragraph 72 to Ms. - 17 - COMPLAINT FOR DAMAGES 1 Dumbacher, plaintiff’s classroom teacher, Ms. Uccelli the WUSD superintendent, and Ms. 2 CAMRON the school principal. Notwithstanding these reports zero disciplinary action was taken 3 against Ms. Lauer, student Eddie, student Jacob, student Hudson and students Cayden and 4 friends. Also, at all times herein relevant, defendant WUSD school board, superintendent Uccelli, 5 and principal CAMRON did not instruct its personnel on how to respond to bullying, physical 6 abuse, or sexual harassment of students by fellow students, and while they established a policy, 7 they failed to enforce it. This deliberate indifference of defendants to the acts of Ms. Lauer, 8 Eddie, Jacob, Hudson, Cayden and friends and defendant’s failure to even implement a policy 9 concerning sexual harassment and bullying of students by fellow students in accordance with the 10 law excluded plaintiff from participation in and denied plaintiff the benefits of her education and 11 her right to 504 plan benefits. 12 75. WUSD’s district and school administrators and teachers failed to take 13 immediate and appropriate corrective action in response to the bullying and sexual harassment 14 L.Y. was suffering they knew or should have known about. 15 76. Ms. Uccelli, who was the designated Title IX coordinator for WUSD, failed 16 not only to implement or enforce Title IX requisites, but she also failed to train WUSD employees 17 in the proper procedures or offer L.Y.’s parents the requisite supportive measures despite the fact 18 that L.Y.’s parents repeatedly went to her for help and on at least one occasion demanded a no- 19 contact order at a minimum. 20 77. The above-recited actions of defendants in excluding plaintiff from 21 participation in, denying plaintiff the benefits of, and/or subjecting plaintiff to discrimination on 22 the basis of sex in violation of Title IX of the Education Amendments of 1972 and Education 23 Code sections 200-202 were done with evil motive or intent, or with reckless or callous 24 indifference to plaintiff’s rights. 25 78. Plaintiffs further alleges that defendants' actions, failures to act, and/or 26 deliberate indifference towards the bullying, sexual harassment and discrimination that plaintiff 27 suffered were carried out because of her sex and actual or perceived disability. Through these 28 intentional acts and the acts of deliberate indifference of failing to even properly respond to the - 18 - COMPLAINT FOR DAMAGES 1 timely and repeated complaints of the conduct outlined in paragraph 72, plaintiff was deprived of 2 the equal rights and opportunities in a public educational institution as guaranteed under the 3 California Education Code Sections 200, 220, 233.5 and 262.4. 4 79. Defendants’ responsibility to address and respond to sexual harassment and 5 assault applies regardless of the potential application of any anti-bullying policy and regardless of 6 whether a student has complained, asked the school to take action, or identified the harassment as 7 a form of discrimination. See U.S. Dept. of Education, Office for Civil Rights, Dear Colleagues 8 Letter, Oct. 26, 2010. 9 80. WUSD, UCCELLI and CAMRON had control over Eddie, Camden, Jacob, 10 Ms. Lauer and the other harassers, and the campus of Washington Union Elementary School, 11 where the harassment occurred. WUSD and its officials had authority to take corrective action to 12 end the discrimination and sexual harassment, but they failed to do so and ignored the many 13 instances of student-on-student harassment at Washington Elementary School involving these 14 students, including other students besides L.Y., despite widespread knowledge that such conduct 15 was commonplace. 16 81. As a proximate result of defendants’ actions against plaintiff, each of them, as 17 alleged above, plaintiff has been harmed in that plaintiff has suffered severe psychological 18 trauma, loss of sleep, extreme anxiety, was terrified to go to school, nightmares, damage to her 19 nervous system, and suffers from post-traumatic stress disorder such that it deprived her of access 20 to educational opportunities or benefits she was entitled all to her damage in an amount according 21 to proof at trial. FOURTH CAUSE OF ACTION 22 Negligent Supervision of Students Violation of Gov. Code §§§815.2, 815.6, 820 23 As to All Defendants 24 82. Plaintiff incorporates, by reference, all the foregoing paragraphs of this 25 complaint as though fully set forth herein except those allegations that are inconsistent with this 26 cause of action. 27 83. School districts are vicariously liable for