Parents seek damages from school district in Stanislaus County after assault on daughter
The parents of a 16-year-old student who was assaulted in a classroom in March have filed a claim for damages against the Newman-Crows Landing Unified School District.
Sal and Tari Ramirez charge that the teacher in the classroom at Westside Valley High School in Newman did nothing to protect their daughter, other than verbally admonishing the two teenage girls as they savagely beat the student. Damage claims usually are a prelude to filing a lawsuit.
The two attackers were not students of the school but walked onto the Main Street campus and entered the classroom around noon March 6.
One juvenile shot video of her friend assaulting the student, handed her phone to the assailant and then attacked the student herself. The 20-second video, submitted as evidence for the claim, shows the first juvenile approach the student, who was seated at a desk. She grabbed the student’s hair and then struck her over the head with her fists, knocked the student to the floor and kicked her several times.
A voice on the video, presumably the teacher, can be heard saying “Stop,” “Stop it” and “You need to stop.” The teacher is never shown in the video coming to the student’s aid. The person who took the video is heard laughing. The video later was sent out over the internet.
The parents charge the school district failed to protect their daughter, even though school officials knew a group of girls had bullied and harassed her for four years and had physically attacked her before. According to the Tari Ramirez, the two juveniles who assaulted her daughter were part of that group.
She said her daughter suffered a concussion, loss of consciousness, neck pain, black-and-blue marks on her back and trauma to her legs and hands. The girl was taken by ambulance to Emanuel Medical Center in Turlock, where she was observed for four to five hours and released.
Claim names several educators as responsible
Modesto attorney Adam Stewart served the district with the legal claim Monday, charging the Newman-Crows Landing district was negligent in supervision and did not ensure the girl’s safety, despite prior knowledge of bullying and harassment.
“They did nothing right,” Stewart said. “The parents were asking for protection and safety of their child. The parents were assured they would receive it and then they allowed this vicious attack. The teacher just admonished the girls verbally.”
The claim alleges that district personnel responsible for the student’s injuries include classroom teacher Elsie Olivera, Principal Rick Gonzalez, Orestimba High School Principal Justin Pruett and other staff. The mother said the classroom teacher was a long-term substitute. Westside Valley is an alternative education arm of Orestimba High.
Randy Fillpot, the district’s interim superintendent, said Tuesday the claim was turned over to the district’s lawyer for review. “It’s under further investigation,” Fillpot said. “We can’t comment because it involves kids.”
The student has suffered from the effects of concussion, post-traumatic stress and emotional distress, says the claim in seeking at least $500,000 for personal injury.
The two teenagers accused of the assault were arrested later on charges of trespassing, misdemeanor vandalism and battery, said Lt. Brett Short of Newman Police Department. One of them pleaded guilty to felony battery in Juvenile Court; information about the other juvenile was not available.
The victim’s mother said her daughter has been a target of harassment since eighth grade, when she took a report to school staff about another young person.
“So this girl and her pack of friends have bullied my daughter from the eighth grade until now,” the mother said.
Girl was taken from class to class in golf cart
She said her daughter was subjected to verbal abuse and was physically assaulted in one prior incident. To protect her, school security transported her from one class to another on a golf cart, the mother said.
School officials suggested the girl attend the alternative high school on the rationale that the smaller class sizes would make it easier to protect her.
Few people were in the classroom on March 6, Tari Ramirez said. Two male students stepped outside when the two juveniles came through the door.
The mother said she found out about the assault when her daughter’s friend sent a text from the classroom during the attack. She rushed to the campus, arriving about the same time as Newman police.
The mother said her daughter now does schoolwork at home through an independent study program.
This story was originally published August 1, 2023 at 5:00 PM.
