Wednesday, January 9, 2013

Copy of the Complaint Filed Against Evergreen School District, Lyn Vijayendran and Craig Chandler

A copy of the civil complaint that was filed by Matiasic Roth & Johnson LLP on behalf of one of the young O.B. Whaley abuse victims is now available online.  The complaint was filed against Defendants Craig Chandler, Lyn Vijayendran and Evergreen School District. 

The suit alleges the following causes of action:  (1) Childhood Sexual Abuse; (2) False Imprisonment; (3)  Dangerous Condition of Public Property; (4) Negligence; (5) Negligent Hiring/Retention; (6) Negligent Supervision/ Failure to Warn; (7) Negligence Per Se; (8) Sexual Battery. 

Below please find a link to the Complaint:
http://media.nbcbayarea.com/documents/Mary+Roe+v.+Evergreen+School+District+Complaint.pdf

Monday, January 7, 2013

Report Reveals That Evergreen School District Failed to Comply with Federal Laws Designed to Protect Students

A recent article and corresponding television news story produced by the the NBC Bay Area News Investigative Unit analyzes the systematic failures of the Evergreen School District to comply with Title IX.  Title IX is a federal law that requires schools to establish a framework for the handling and reporting of claims of sexual abuse.  The revealing article sheds light on Evergreen School Districts lack of compliance with Title IX. 

Title IX requires that each school appoint a designated trained coordinator to handle complaints of sexual abuse and sexual harassment.  The Evergreen School District has since identified Human Resources Director Carole Schmitt as its designated Title IX Coordinator.  However, Ms. Schmitt's contact information and designation as Title IX Coordinator are not available publicly online as mandated by Title IX. Furthermore, Ms. Schmitt testified at the trial of O.B. Whaley Principal Lyn Vijayendran that she had not received any sexual harassment or abuse training. 

Attorney Paul Matiasic of Matiasic Roth & Johnson LLP, who is representing the family of one of the young victims, told NBC Bay Area Investigators that “Title IX is in place to prevent these types of occurrences.”  Sadly, the lack of compliance with mandated sexual abuse reporting guidelines contributed to a dangerous environment for the children.  According to Matiasic, “I do firmly believe more kids were abused [at OB Whaley] by virtue of the fact that they failed to comply with Title IX.” 

A link to the NBC Bay Area Investigative Unit Story appears below:
http://www.nbcbayarea.com/news/local/Bay-Area-School-Where-Teacher-Charged-with-Sexual-Abuse-Ignoring-Law-That-Protects-Students-185563462.html