State Supreme Court throws out Vista sex abuse lawsuit
By: SCOTT MARSHALL - Staff Writer | ∞
NORTH COUNTY -- A former Vista High School student cannot sue the Vista Unified School District in connection with allegations that her English teacher sexually abused her when she was a teenage student almost 30 years ago, the state Supreme Court ruled Monday.
The state's highest court split 6-1 in favor of ruling that a change to state law in 2002 regarding childhood sexual abuse lawsuits did not extend the time within which people must file a claim with a public agency like a school district, county or city. State law generally requires that a claim be filed with and rejected by a public agency before that agency can be sued.
Representatives of school districts and other public agencies have said in court documents and interviews that they feared public entities could be exposed to childhood sexual abuse lawsuits similar to those that plague the Roman Catholic church today if the Supreme Court decided the law extended the time in which to file claims.
Jack Sleeth, an attorney for the Vista school district, said Monday that he was "very pleased" that the Supreme Court preserved the legal protections for public agencies and that the same rules that always have applied to children who may want to sue will continue to apply.
"It establishes that the law is settled and we're not going to have 30-year-old cases," Sleeth said.
Manuel Corrales, the attorney for the former Vista High School student who is now a 45-year-old mother, could not be reached Monday for comment on the case.
A San Diego attorney who represents some victims in sexual abuse lawsuits against the Catholic diocese and who filed a "friend of the court" brief in the case against the Vista Unified School District, said Monday's ruling will have a broad effect.
"There are a lot of governmental entities that are going to escape responsibility for what was done," attorney Irwin Zalkin said.
Responding to an inquiry about Monday's ruling, an official with the group Survivors Network of Those Abused by Priests, a nationwide support group for victims of clergy abuse, issued a statement saying statutes of limitations hurt all victims of sexual abuse, regardless of whether the alleged perpetrator is a clergyman.
"AllÝsexual abuse is alike in the amount of time it takes the survivor to find the strength to report the harm," Barbara Dorris, the national outreach director for the survivors' network, wrote in the statement.
While some have drawn parallels between the sexual abuse crisis in the Catholic Church and the occurrence of teacher sexual abuse of students, available statistics for the two situations are not comparable, according to an expert who authored a 2004 report for the U.S. Department of Education on sexual misconduct by teachers.
The lawsuit against the Vista school district alleged that former teacher Jeffrey Paul Jones, 59, engaged in sex acts with a girl 200 times in an 18-month period that began in 1978, when she was 15 and Jones was 30. The lawsuit also alleged school district officials knew or should have known about the alleged misconduct and failed to prevent it.
The woman did not report the alleged sexual misconduct until 2001, when her daughter was in high school.
An attorney for the district, Dan Shinoff, said earlier this year that he had not found any evidence to indicate that any district officials knew about what was happening with Jones and his student.
Jones' attorney, Jonathan Vanderpool, has said that Jones does not dispute having a relationship with the woman when she was his student, but Vanderpool said some of her allegations are "overstated" and that he would "take issue" with allegations that the relationship caused "everything that has befallen her personally and otherwise."
A Superior Court judge dismissed the lawsuit in 2003 because the woman had not filed a claim with the district sometime in 1980, as required by law. A state appeals court based in San Diego overturned that decision, but the state Supreme Court ruled Monday that the appeals court was incorrect.
The woman's case against Jones could proceed, but that may be in dispute in the Superior Court. Vanderpool said earlier this year that the woman accepted a judgment against her in the lawsuit so she could appeal the issue of whether she could sue the district. Vanderpool said then that if the woman lost on appeal, he would argue in the Superior Court that the case against Jones cannot be reinstated because a judgment in the case already exists.
Jones also faced criminal charges in 2002 based on the woman's allegations, but prosecutors dismissed the charges in July 2003 after the U.S. Supreme Court ruled in an unrelated case that the California law that allowed for criminal charges was unconstitutional. That law let prosecutors bypass the normal statute of limitations in criminal cases for some sex crimes.
Jones officially left the Vista school district in the summer of 2003. The state Commission on Teacher Credentialing later revoked his teaching credential.
-- Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.
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quinnie wrote on Aug 21, 2007 5:31 AM:this makes no sense. it takes time to recover from abuse of any form, then to get the strength to fight back. the ruling also assumes that this student was the only victim here. the law stinks and needs to be changed. who cares about paperwork when a human life is involved?
estaban wrote on Aug 21, 2007 5:32 AM:where is this teacher now? Is he teaching in any kind of form?
to Estaban wrote on Aug 21, 2007 7:39 AM:do you ever read an article or do you just have a knee jerk reaction and start typing? GO BACK AND READ IT
Alf wrote on Aug 21, 2007 8:48 AM:Thirty years. "What's in YOUR wallet?" If there are statutory time limits and if that limit had been exceeded, then it is tough luck. Either change the statutory time or accept the fact that you can not "wait around" and then blame your problems on someone decades later whether or not they hurt you physically or emotionally. Them's the choices, this is life and that's the law. Regards, Alf.
esteban wrote on Aug 21, 2007 10:57 AM:To "To Esteban" your ignorance does you no good! It says he is not teaching in Vista since 2003? Then what is he doing? Does he still live local or out of state? Is he involved with children?!
Alf wrote on Aug 21, 2007 11:46 AM:"esteban", for the sake of discussion, What if the guy never did it again? Regards, Alf.
Also to Esteban wrote on Aug 21, 2007 11:50 AM:the artical says that the STATE commission on teaching has REVOKED his teaching credentials, which means he CAN NOT TEACH in the state of California. Since he can't teach here, I would assume he left the state.
Erin wrote on Aug 21, 2007 12:45 PM:... As I recall the legislation's intent was to allow victims to prosecute cases regardless of whether the predators were �Public Employees� or not. It appears people need to get a hold of their local legislators so that they can go back and fix the ruling; this is done in congress all the time. Congress has to rewrite the regs specifying that they disagree with the Supreme Court ruling and thereby making the Supreme Court ruling invalid. I am sure it will happen it is just a matter of time and effort, insurance companies cannot continue to protect criminals with complete immunity.
To Erin wrote on Aug 21, 2007 3:48 PM:SImply rewriting based on intent is not allowed. The bill that was passed would have language in it that covered public entities. It would have to address the claims procedure that is required before a lawsuit is filed.
sad sad sad wrote on Aug 21, 2007 9:50 PM:he lives locally but does not teach anywhere and will not teach again. this has been very painful for everyone involved on all sides -- to the woman who was so needy as a young girl that she didn't even know she was being manipulated, and to the guilty instructor who totally reformed his life and got on with living and being a very successful teacher, and then had this come back decades later to ruin him.
Erin wrote on Aug 21, 2007 10:24 PM:To--To Erin-- Hah so you understood what I was saying. Now do you recall reading in a previous NCT article that the AUTHOR of the "bill" was specifically asked if it included "public agencies." He answered, "yes" so if yes was the intent in the bill, it needs to go back and there needs to be an amendment to the same bill. This is very typical of bureaucracy and the insurance controlled State. The objective of public insurance companies particularly the unnamed one is to challenge technicalities like “EXACT WORDS” usage in the law. The objective is to accrue millions of dollars in billable hours at public’s expense. It also includes a lot of hours playing golf, donating to the right causes and campaigns etc.
WOW, Freaky Freaky wrote on Aug 21, 2007 10:29 PM:This was a victory but for who? Who won and who lost? The only ones cashing in are the VUSD JPA's. I wonder if our children will be safer by this ruling? I wonder if these lawyers will have this teacher tutor thier kids at home?
Information is Power wrote on Aug 22, 2007 9:26 AM:When one reads the decision of the California Supreme Court these conclusions can be certain that opinion says that, “the legislation mentions only the general principle that “a SCHOOL DISTRICT, church, or other organization engaging in the care and custody of a child owes a duty of care to that child to reasonably ensure its safety.” (Assem. Com. on Judiciary, Rep. on Sen. Bill No. 1779 (2001-2002 Reg. Sess.) as amended June 6, 2002, p. 6.) The Court says, “the bill makes no mention of an intent to revive/extend the deadline by which to present a claim to a public agency.” The California Supreme Court shows its true colors and motive in the middle of page 11 of the opinion: The Court’s main concern says “nor have we found any mention of the POTENTIAL FISCAL IMPACT of REVIVING PUBLIC LIABILITY for incidents that occurred, as here, decades ago.” Lets see first the CA Court is so out of tough of what is really going on inside these Public Agencies. The Court is not only clueless, it shows little interest in protecting children; rather they focus on the DOLLAR amount the damages the insurance companies would have to pay. Clearly the California courts are not representing victims but rather INSURANCE COMPANIES. I just wonder if this decision opens the door wide open for a class action lawsuit against the STATE and its INSURANCE COMPANIES?
good sup court wrote on Aug 26, 2007 2:27 AM:well, it's OBVIOUS this 'victim' was simply trying to cash in (years later) on something that probably didn't even affect her that much. how convenient of her to blame all of her problems on something so trivial. it takes two to tango... and i am a firm believer that most teenage girls KNOW EXACTLY WHAT THEY ARE DOING. still, it was very bad judgment on his part to get involved with a student/minor. i feel more sorry for jeff jones because i knew he loved teaching and was one of the best teachers at VHS. it's a shame that his old indiscretions ruined all of his hard work over the years. i hope that both jeff and the woman can find peace and move on with their lives.
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