Coalition of Attorneys Demand Broad Policy Changes at LAUSD to Protect Children From Sexual Abuse

LOS ANGELES, June 26, 2013 /PRNewswire/ -- The Los Angeles Unified School District (LAUSD) must implement new policies to protect children from sexual abuse in school.  That was the message set to LAUSD Superintendent John Deasy and School Board Chair Monica Garcia in a letter presented by a coalition of attorneys representing 65 children allegedly sexually abused by teachers at Miramonte Elementary.

The formal letter from the attorneys contains 13 specific policy changes designed to protect children and expose abusers.

Because of the District's decision to publicize settlement offers to some of the alleged victims, the coalition of attorneys who represent alleged victims of child sexual abuse at Miramonte Elementary School are making their demands for policy changes public.

"Compensation for these victims cannot be discussed until assurances for meaningful policies are in place at LAUSD to protect children now and in the future," said Vince Finaldi, Partner, Manly, Stewart & Finaldi.  "The lack of appropriate response to the underlying institutional issues could cause the alleged abuse at Miramonte to happen again."

The LAUSD remains cloaked in secrecy as to the exact number, and identities of, teachers and administrators who have been credibly accused of abusing children within the District. 

According to a state audit, the District was not in compliance with state law regarding the reporting of child sex offenders to the California Commission on Teacher Credentialing. The LAUSD promised a full report from Judge Moreno on the situation at Miramonte Elementary School and that report has not been made public.

On behalf of their clients and the countless others who may have been abused within the LAUSD, the coalition of attorneys today presented their letter demanding policy changes to be implemented by the LAUSD immediately.  They would require LAUSD to:

• Publicly disclose all documents relating to molestation at Miramonte Elementary School, George de la Torre Elementary School, Telfair Elementary School and other schools where a current criminal or civil claim against a faculty member is proceeding. This disclosure shall occur through the assistance of a superior court judge, or judicial referee who can independently examine privilege claims of the LAUSD and/or alleged perpetrators before public disclosure, in order to preserve any constitutional or statutory rights. This process has been established in other high profile cases in Los Angeles County, and this procedure has been approved by the California Courts of Appeal;
• Forward a list of all teachers credibly accused of sexual or other child abuse to the Los Angeles County District Attorney's Office, and every law enforcement agency within the geographic region from which the abuse claim arose. This is a critical step towards fully informing law enforcement about those who may have harmed children;
• Open a dialogue with victims' counsel, the Teacher's Union and the District on a process for public disclosure of the names of teachers credibly accused of abuse. This is also a critical step because it is well established that a pedophile who is terminated from one position involving children will almost always seek another position with access to potential victims. This report should be made public within 180 days and disclose the number of known victims, the school site where the abuse occurred, the dates of abuse and the teacher's current status with the LAUSD;
• Identify all administrators currently employed by the District who have failed to comply with child abuse reporting statutes, and begin appropriate disciplinary proceedings against them, up to and including termination. This is a critical step towards ensuring the protection of Los Angeles' children;
• Ask the Los Angeles District Attorney and/or the U.S. Attorney's Office to appoint special counsel to investigate the LAUSD's handling of child abuse cases, including those at Miramonte, George de la Torre and Telfair, from 1995 to the present. At this point in time, the only persons to comprehensively investigate the LAUSD are its own personnel with an unavoidable conflict of interest;
• Establish a child safety office and ombudsman at the LAUSD. The ombudsman should be appointed by, and report to, an independent board composed of various public officials not affiliated with the LAUSD, so as to ensure independence. The sole function of this person and office will be the protection of children of the LAUSD from physical, emotional and sexual abuse. The office should be granted broad powers to investigate, report and take action to protect children. We envision its duties being much like the inspector general in a federal agency. Given the tremendous harm done to children, the millions of dollars spent on investigations, payments to deserving survivors and legal fees, the LAUSD has lost its credibility on this issue;
• Establish a blue ribbon commission composed of highly respected members of the public, elected officials, law enforcement officials, experts and others who will have one year to investigate the failings at the LAUSD and make comprehensive recommendations for reform, in order to ensure the protection of children and the compliance of the LAUSD and its administrators with California law.

"Together, these steps will force the district to be accountable to the children and families who attend school within the LAUSD, while ensuring their safety and protection," said Finaldi. 

About Vince Finaldi, Manly, Stewart & Finaldi: 

Vince Finaldi is a partner of Manly, Stewart & Finaldi.  Vince Finaldi's practice is concentrated on litigation of civil actions involving sexual harassment, exploitation, molestation and abuse in educational, familial, recreational, employment, religious and other settings. 

Mr. Finaldi has successfully litigated multiple significant national media-garnering claims against large religious entities, municipalities and Fortune 500 companies, at the trial, appellate and Supreme Court levels, helping to define the liability and duties of these entities with respect to abuse claims.

Contact
Vince Finaldi (Kathy Frederiksen)
(949) 252-9990 or [email protected] 

About Brian Claypool, The Claypool Law Firm:

As general partner of the Claypool Law Firm, Brian E. Claypool has arbitrated more than 100 cases, conducted in excess of 50 jury trials to verdict with a 90% win rate.

About Luis A. Carrillo, The Carrillo Law Firm: 

The Law Offices of Luis A. Carrillo handles all types of cases with a commitment to its clients and to further justice for those in need of help.  He has been seen on many media outlets giving commentary on a variety of cases and legal issues. 

CONTACT: LAWRENCE ROBERT
323-236-9992 

SOURCE Manly, Stewart & Finaldi