Doe v. Anderson Union High School Dist. CA3

Filed 4/13/22 Doe v. Anderson Union High School Dist. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

JANE DOE,

Plaintiff and Appellant, C093099

v. (Super. Ct. No. 192696)

ANDERSON UNION HIGH SCHOOL DISTRICT et al.,

Defendants and Respondents.

Daniel Schafer, a teacher at a high school in the Anderson Union High School District (District), had a sexual relationship with one of his students, plaintiff Jane Doe, which included sexual activities in his classroom. Doe sued the District, principal Carol Germano, and superintendent Tim Azevedo for negligent hiring and negligent supervision. We refer to the defendants collectively as the District, except when being more specific is necessary to the discussion. The trial court granted the District’s motion for summary judgment and entered judgment in favor of the District, finding that there was no evidence the District knew or should have known that Schafer posed a risk of harm to students. Doe now contends the trial court erred by granting summary judgment because the District had a duty to supervise and monitor Schafer and Doe and whether the District breached its duty to Doe is a question of fact for the jury.

1

We conclude the District did not know that Schafer would have sex with Doe, and it had no information that would support a conclusion that it should have known. On this record, the District did not have a duty to review alarm data and video recordings in order to constantly monitor all teachers, students, and campus visitors, nor did it have such a duty specifically with regard to Schafer and Doe. Accordingly, we need not address the claim of breach of duty. We will affirm the judgment. BACKGROUND When Doe was 17 years old and a student at a high school in the District, she engaged in sexual activity with Daniel Schafer, a teacher at the high school, over a period of about three months. Doe told her best friend, and in September 2018, the District learned of the sexual relationship from the mother of Doe’s best friend. The District immediately investigated, obtained Schafer’s resignation, and notified Doe’s parents and law enforcement. Schafer had been a teacher in the District since 2012, and the District vetted him through education and law enforcement agencies and trained him on sexual harassment and child abuse. His relationship with Doe began with hand-holding and texting in Schafer’s classroom. Eventually, Doe began visiting Schafer’s classroom in the evening. On the first day of summer break, Doe again visited Schafer in his classroom, and they engaged in sexual activities. Through the summer, they engaged in additional sexual activities in the classroom and at Schafer’s home. Schafer pleaded guilty to crimes associated with this sexual relationship. When the District hired Schafer in 2012, there were no facts, reports, or rumors that Schafer had engaged in any improper relationship. The revelation of his relationship with Doe was a surprise to the District. A janitor once saw Doe alone with Schafer in his classroom after school but did not see any inappropriate conduct. The janitor told the school receptionist what she had