Mother Sues in Molestation Case

A $3.5-million lawsuit has been filed here on behalf of an 8-year-old Claremont girl who allegedly was molested repeatedly by a schoolmate last year.

The suit in Pomona Superior Court charges that officials of the Claremont Unified School District failed to report the incidents to law enforcement authorities. The suit also names teacher Mary Mazmanian, other school officials and the city of Claremont.

The suit does not name the 12-year-old boy who allegedly committed repeated acts of molestation and one act of rape over a four-month period last spring.

Criminal charges were filed against Mazmanian based on a 1980 California law that requires any teacher who knows of child abuse to report it to proper child protection agencies. However, the criminal charges were dismissed in August when Deputy Dist. Atty. David Disco said it could not be determined if the boy knew the “wrongfulness” of his acts. Disco also said there was lack of evidence that the sexual assault had occurred.

Incidents Reported Last April

The civil suit, filed by the mother of the alleged victim, claims that the girl reported the incidents of fondling, which allegedly took place on the Sycamore Elementary school grounds and across the street at the Claremont Human Services Child Care Center, to Mazmanian in mid-April.

The suit also contends that school officials failed to inform the mother of any problems with the child, even though Sycamore Principal Charles Freitas later told police that he had gone as far as warning the boy to stop the sexual activity.

Because minors are involved, The Times is withholding names of the alleged victim and her mother.

According to police reports, Mazmanian said she did not consult law enforcement authorities because of the “confidentiality” that she believed existed between herself and her pupil. Police statements also show that Mazmanian consulted the school psychologist, Jean M.Albaum, about how to deal with the problem. The reports said that Albaum told police that she advised the teacher to keep the confidence because the incidents appeared to be “kids playing.”

“These people at the school did not follow the law,” said John Polakovic, attorney for the plaintiff. “They’re supposed to make a report if there’s sexual abuse. They let it go on. They had the child in counseling, and they never informed the mother.”

But in an earlier interview, Albaum told The Times that she and Mazmanian had decided, contrary to police reports, that the mother should be informed of the incidents. She said the issue of confidentiality was not discussed between them. Albaum, who along with Principal Freitas is included in the lawsuit, declined further comment this week.

Polakovic said the case would rest not only on the recent state law, which says that authorities must be notified of sexual abuse within 36 hours of its discovery, but also on “plain and simple negligence.”

“They should have at least done something, disregarding the Penal Code,” Polakovic said.

The mother is seeking $2.5 million for general damages and $1 million in punitive damages.