The San Diego Unified School District has reached a settlement with the parents of a kindergarten student, who claim the boy was sexually assaulted in a school bathroom.
The incident allegedly happened in 2013 at Green Elementary School in San Carlos.
Last month, the mother of another student at the school filed a claim with similar allegations.
The settlement in the alleged 2013 incident includes a confidentiality agreement, prohibiting any public statements from either side. No specific details are given in the settlement, which starts with the following statement:
“On or about, May 3, 2013, while he was a kindergarten student at Green elementary, (name redacted) was subject to an incident in the boys’ restroom by another kindergarten student.”
Documents show the settlement is for more than $10,000 dollars. As part of the settlement, the school district denies it caused any harm to the student or his family.
In a confidential letter to Superintendent Cindy Marten and District Attorney Andra Donovan, the lawyer of the alleged victim says he was confronted by a male classmate with known behavioral problems in an unmonitored bathroom. According to the letter, dated November 21, 2014, the family spent a good part of the next year pleading with the district to take action and protect the student.
In the confidential communication, the family accused the school’s principal and district of failure to follow required reporting procedures after the incident, and did little or nothing to protect their son and other children.
Meanwhile, at the school, parents defended the school’s reputation and principal, and even questioned bathroom monitoring policies.
“If the adults can’t go in the bathroom, they can’t supervise, they can’t hear what’s going on. Who do you point the finger at,” said parent Ally Murray. “The incident happened between two young children, and I feel like it was not preventable on an administrative level at the school.”
Meanwhile, for the second consecutive year, the principal at the school has taken a leave of absence just weeks before the end of the school year. District officials say the leave has nothing to do with the settlement or alleged incidents.
“It’s painful for me to hear the attacks on him because people don’t know him,” said parent Josh Billaeur. “The people making these allegations, rightful or not, we’re talking about kindergarten kids. Kindergarten kids do what kindergarten kids do.”
