Suit Claims Schools Failed to Protect Against Molestation

Fifteen students at 68th Street School and their parents filed suit against the Los Angeles Unified School District on Monday, charging that officials failed to protect the children from being molested by a teacher whose tendencies were known.

Also named in the suit filed in Los Angeles Superior Court by attorney Johnnie L. Cochran Jr. was former teacher Terry E. Bartholome, 49, currently on trial for various counts of child molestation and lewd conduct.

Other defendants were Alice McDonald, who was acting principal at the school, and Stuart Bernstein, a regional supervisor. Bernstein faces trial for failing to report to police that Bartholome was suspected of molesting girls in his third-grade class.

Damages Not Specified

Phillip Jordan, a former regional supervisor who now heads the Pasadena Unified School District, and Sidney Thompson, associate superintendent for operations, also were listed as defendants.

Although the suit asked no specific damages, Cochran in August filed a claim against the district, seeking a total of $110 million for the families on grounds that the children had suffered emotional distress.

The suit filed Monday alleged that McDonald knew when Bartholome was transferred to 68th Street School from 107th Street School that a factor in the transfer had been allegations of the teacher’s sexual misconduct with students. It further alleged that she was told several times while Bartholome was at 68th Street that he was molesting children.

McDonald, according to the suit, lied to parents when they met with her to discuss their children’s unusual behavior and unwillingness to go to school. McDonald purportedly contended she did not know the reason.

The school district and its officers, the plaintiffs claimed, should have known that the teacher had “sexual proclivity toward young children.” They said the district failed to properly screen staff, failed to report the allegations against Bartholome to police and failed to fire him.

The defendants, the suit contends, had “a duty to ensure that children were not exposed to an incompetent and sexually depraved teacher” such as Bartholome.

Jerry Halverson, general counsel and associate superintendent for the school district, said it would be difficult to comment on the suit because he had not yet seen it. But he added that school officials did intend to address the issue once their own investigation is concluded and once the trials of Bartholome and Bernstein are concluded.