Row || Robert Keith Bryan while in fourth grade in Mr. Bryan's class in G GERAGOS & GERAGOS MARK J.GERAGOS SBN 108325 BEN J. MEISELAS SBN 277412 Attorneys for Putative Plaintiff L.F., a minor by and through her Guardian ad litem KIMBERLY F. CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910 DESERT SANDS UNIFIED SCHOOOL DISTRICT L.F,, a minor by and through her Guardian | Claim No.:. UNASSIGNED ad litem KIMBERLY F. Putative Plaintiffs, CALIFORNIA GOVERNMENT TORT CLAIM PURSUANT TO SECTION 910, ET AL; NOTICE AND INTENT TO SUE oo DESERT SANDS UNIFIED SCHOOL DISTRICT DESERT SANDS UNIFIED SCHOOL. DISTRICT: ROBERT KEITH BRYAN. an individual; THERES. KACHIROUBAS, a al a | Doe RAUB AS an individual: and | 910 Liabitity Claims Department DESERT SANDS UNIFIED SCHOOL Putative Defendants. | DISTRICT 47-950 Dune Palms Road La Quinta, CA 92253 I. STATEMENT OF CLAIM L.F. was a fourth ade student at Gerald Ford Elementary School during the 2009- |] 2010 school year. Her teacher was Robert Keith Bryan, In May 2016, Robert Keith Bryan pled guilty to molesting female students, L.F. was sexual ted and molested by Id. Ford Elementary || School ee ‘CALIFORNIA GOVERNMENT TORT CLAIM ~ SECTION 910As a result of the criminal proceeding involving Mr. Bryan and based on prior lawsuits for sexual assault against the DSUSD and Mr. Bryan by the law firm of Geragos & Geragos, it was uncovered that Desert Sands Unified School District failed its students such as L.F. in the most horrific way by throwing them into the lions den with a known child molester as their fourth grade teacher. There may be hundreds of other victims. Plaintiff L.F. courageously brings this action based on the trauma she suffers today, and for the other countless victims who have been silenced by DSUSD's cover-up. In spite of repeated incidents of molestation and inappropriate touching of female students, the Desert Sands Unified School District, instead of terminating Bryan, transferred him from John F. Kennedy Elementary School to Abraham Lincoln Elementary School to Gerald Ford Elementary School, where Defendant Bryan had been teaching when he molested Plaintiffs. Attached hereto as Exhibit “A” are three letters from DSUSD dating back to March 6, 1992 discussing Mr. Bryan’s abuse of young girls. Ina letter dated September 30, 1994, DSUSD wrote to Mr. Bryan stating: “You have been repeatedly told to not touch female students, but by your own admission state that it is so much a part of your personality that you are unaware that you are even touching your students.” Gerald Ford Elementary Principal Theresa Kachiroubas was deposed in connection with a previous lawsuit for molestation brought against her, Mr. Bryan, and DSUSD. Mr. Kachiroubas’ under oath testimony shows a shocking indifference to student safety. Ms. Kachiroubas stated © She believed she had no ol igate teachers: ‘She did not concern herself with prior disciplinary actions against Mr. Bryan or other teacher ‘© She was aware that Mr. Bryan transferred from other DSUSD schools to Gerald Ford but was not concerned why. * She did not read DSUSD"s manual on detecting sexual abuse by teachers Attached hereto as Exhibit “B" is a tue and correct copy of Ms. Kachiroubas’ deposition testimony from March 13, 2015. CALIFORNIA GOVERNMENT TORT CLAIM — SECTION 910Instead of terminating Defendant Bryan based on his conduct, Defendant Bryan was permitted by the Defendant School District and by Defendant Kachiroubas to take on extracurricular teaching responsibilities that specifically allowed him to be alone with female students. He was permitted to supervise students on field trips. He ran Ford Elementary’s math club and spelling bee competition where he hand- selected female students to join, including those who would become his victims. He was also permitted to be part of the yearbook committee where he was alone with the female students to take their pictures. Plaintiffs are informed and believe that the Defendant School District and Defendant Theresa Kachiroubas, the principal of Ford Elementary, were aware of Defendant Bryan's propensities to harm his female students and failed to supervise him on the school premises, and in fact affirmatively permitted Defendant Bryan to have enhanced and added access to meet with female students alone. Attached hereto as Exhibit is an example of a handout given to parents congratulating them their child was selected by Mr. Bryan for private math tutoring in the morning when no one else was present. Il. | DAMAGES / AMOUNT OF MONEY REQUESTED Damages include but are not limited to: «Emotional damages, infliction of emotional distress. special damages. economic losses and expenses. «To be ascertained, but within “unlimited jurisdiction” of the Superior Court. ll. DATE AND LOCATION OF INCIDENT Continuous sexual abuse and molestation during the 2009-2010 school year. Location: Gerald Ford Elementary Schoo! Iv. NAMES OF PERSONS CAUSING INJURIES: Desert Sands Unified School District: Robert Keith Bryan CALIFORNIA GOVERNMENT TORT CLAIM ~ SECTION 910‘Theresa Kachiroubas DOES 1-10 Vv. ACTS OR OMISSION CAUSING INJURIES: © Sexual assault, molestation, battery, assault, negligence, negligent retention/hiring/supervision, negligent infliction of emotional distress, intentional infliction of emotional stress, violation of civil rights, violation of education codes and child abuse statutes, violation of the penal code. VI. NAMES AND ADDRESSES OF WITNESSES: © Plaintiff and her family; Students in Mr. Bryan's class for the past 30 years. * DSUSD School Officials and Administrators VII. ADDRES TO WHICH NOTICES SHOULD BE S| Mark J. Geragos Mark @ Geragos.com GERAGOS & GERAGOS, APC 644 South Figueroa Street Los Angeles, California 90017 Telephone: 213.625.3900 DATED: May 25, 2016 GERAGOS & GERAGOS APC By: MARKT. GERAGOS: BEN J. MEISELAS Attorney for Plaintiffs ‘CALIFORNI ERNMENT TORT CLAIM — SECTION 910EXHIBIT AVU Desert Sands Unified School District 1) + India, Cabfarmaa 92001-5678 + (6191347 52 478 High = Division of Personnel Services March 6, 1992 Robert Keith Sryan 20 White Pain Desert, © Dear Mr. Sevan! This ts a Letter of reprimand regarding your behavior toward fenale students. Your conduct represents at best the use of the poorest possible judgment, and at worst could be deaned tamceal conduct within the meaning of Education Cede 44332, You are hereby directed to cease and desist from any physical gontact with your students. Specifically, this includes couching chen on the shoulders, thighs, posterior, back and/or chest a any fora of hugging. “You are also not to call students back to your desk while che lights are out during fies. If such enavior ts repeated spon your return to the classroom, unprofessional conduct charges will be brought by the District, seal proceed:nzs. this letter will $e placed tn your personnel file, Any response you wish to subait vithin cen vorking days will be attached pi co its being placed in your perscnnel file. Sincerely, Coated Whew setstred|suraciac tee ewyatDESERT SANDS UNIFIED SCHOOL DISTRICT ABRAHAM LINCOLN SCHOOL MEMORANDUM TO: Keith Bryan FROM: Jackie Colarusso, Principal DATE: March 22, 1994 SUBJECT: Parent Concern-Touching Children On Friday, March 18, 1994 we discussed a parent concern about your touching of her student. Per our conversation you are to: (1) refrain from touching students, and (2) eliminate any circumstances that result in you being alone with one or a few students in your classroom. You have been repeatedly told by myself and Dr. McGrew to adhere to these directives. If any further reports are received of similar actions by you, disciplinary action may be taken. If you would like to discuss this matter further please let me know. My signature indicates that I have read and received this memorandum, 1 understand | have ten (10) days to respond in writing, if | wish, Empfoyee Signature Carol McGrew, Asst. Supt., Personnel Services ce:sert Sands Unified School District September 30, 1994 REGISTERED MAIL/ RECEIPT REQUESTED Bryan ‘White Drive Palm Desert, CA 92260, Dear Mr. Bryan: ‘This letter constitutes notice that the Ofice of Certificated Personnel Services at Desert Sands Unified School District is recommending to the Board of Education of Desert Sands Unified School District that disciplinary action be taken against you at its, regularly scheduled meeting of October 18, 1994. The disciplinary action to be recommended is to place you on ten (10) day suspension without pay from your position as a certificated employee. Subject to approval of the Board of Education, your ten (10) day suspension without pay ‘will begin October 24, 1994, through November 4, 1994. Accordingly, your return-to- work date would be November 7, 1994, ‘The reasons for the recommendation of disciplinary action of ten (10) days suspension ithout pay is the inappropriate rubbing of a female student's back. This is third incident of inappropriate behavior toward female students in the last three years: the first incident was conduct which lead to your arrest for sexual molestation; was inappropriate touching female students (this was covered in a letter to you from Principal Jackie Colarusso), and this incident, which was witnessed by four female students on the playground on September 27, 1994. You have been repeatedly told to not touch female students, but by your own admission state that this is so much a part of your personality that you are unaware that you are even touching your studen's. This continued inappropriate behavior must cease.Keith Bryan Page 2 ‘You have the right to attend the session of the governing board at which t ges are to be considered and at that time be offered an opportunity to present your defense. Should you have any questions regarding the content of this correspondence, please contact me at 775-2500, extension 5208. Very truly yours, Cod Ut Dow Cl DM CM/nt Personnel FileEXHIBIT BIn the Matter of: G.C. vs. Desert Sands Unified School District Theresa Kachiroubas 03.13.2015 Job #: 51094.Q And do you recall A I'm trying co think at the district. as having issues? A No. It was just something she relayed to me. I school she was at right now Q So other than that principal informing you about a potential employee issue with one of the teachers you ere were no other instances where were supervising, anybody at the district or at another school informed you about potential issues w teachers you would be Q When you became th that information from No what about anybody at any of the other schoothe principal, did you believe that you had a responsibility to investigate whether any sing had any prior No io Q Same question. when you became the principal, did you believe that you had an obligation to ask whether any of the teachers that you supervised pos: any safety hazards to the students they would be teaching? A To ask of the staff member? ja Q To obtain information from the district whether a or not any of the staff members you would be supe: 18 potentially posed a danger to students. 19 A No. Q Bid you believe when you were principal in 2006 that you had any independent duty of your own to 22 investigate any of the backgrounds of the staff that you were supe: sing?well, you believ. that you did not have a responsibility to investiga the backgrounds of your staff, correct? A I guess I didn‘t feel the need to. Q That's fine. while you were the principal from you ever personally observe Mr. ing his arm around children? ryan put A No. Q Did you ever observe him personally hugging children? Let's clarify. A hug? No. An arm or a hand on the shoulder, perhaps. Q when did you first observe Mr. Bryan putting a hand on someone's shoulder? A I don't have a specific date. Let me ask it this way to narrow it down. Did you see that happen more than once? A As I did with all teachers. MR. CHEUNG: Listen to his question. With Mr. Bryan ves Q So with Mr. Bryan you saw that more than once?Did you see that more than five times? @ course of six years, yes. Would it be fair say if you can't give me an 0° 4a es th his hands on the nate that you saw Mr shoulders of students many times? Well, if you want to 6| give me an estimate. I'm not trying to trick you. If 7 | you can give me an estimate of how many times -- well, [=| let me ask you this. You said that you saw other | 2) te eee A 2 Q Okay. So it was fairly common at Gerald Ford a2 Elementary School for teachers to be putting their arms 13} on students’ shoulders? 1a] MR. CHEUNG: Vague and ambiguous; overbroad. as] BY MR. MEISELAS: 16 @ De you understand the question I'm asking? A I do. Let me ask it again. But I -- CHEUNG He'll explain the process. THE WITNESS: Okay. BY MR. MEISELAS: Q@ So the process is -- also I should say that if at any time you need a break and you need to clarify or you want to speak to your attorney outside, you can do that.though, o understand the question, you 2 don't I'm not go: ng to try to trick you. So you can ask me, I don't understand what you mean by that. You know, Can you rephrase it? I'll do my best job. Okay? Okay. Q Fair? A Okay. Q And so was it something that was fairly common at Gerald Ford Elementary School for you to observe teachers placing their hands on students’ shoulders? MR. CHEUNG: Vague and ambiguous; overbroad as to “fairly common." You can answer if you understand the question THE WITNESS: It happened on occasion. I don't want to say it was common. BY MR, MEISELAS: Q Okay. With other teachers as well? A Absolutely Q And as the principal when you saw that, you saw ong about that, correcinappropri 8 A No Q Were you aware that Mr. Bryan was working at rd? x elementary school prior to Gerald F A I actually didn't know that until I want to say | ably the end of my rst year, perhaps the ng of my se ear Q And how did vou learn that? a conversation with a group of very informal conversation where that conversation took It was just in passing. 20 Q And during that conversation, did anybody explain to you why Mr. Bryan left his previous school? Oh, no. ° d you ever ask Mr. Bryan why he left his previous school?investigate Q Is there any occasion while you were the principal at Gerald Ford Elementary School where you, as Do you know if you we: files of staff members? Q And so during those six years while you were the principal at Gerald Ford Elementary School, you did not ne other whether you even had the ow one way or hority as the principal to lock at a personnel file of a teacher, correct? ver pursued i Q and during the time you were a principal at Gerald Ford Elementary School, isn't it also correct that you never looked at a single personnel file for any faculty member that ever worked for you during those six years? That's correctnever looked at them. And when I did created my own files. So wh ready for transitioning the down incipal, I then -- you knox the floor, pulling out everything and getting them 2 2 order 13 what I did was I simply incorporated my formal evaluations with the most recent ones in the front with 15 ny of those that were existing already in the file 16 cabinet. And en I say some were missing -- eachers who had been at Ford prior to my coming, some 13 of those files weren't there. Now, whether that meant the previous principal didn't keep them, you know -- you 20 weren't required to do that. You send -- you know. $0 personally never looked at those evaluations, because really used my own agment about people. x -- while you were the principal so you nev if you were to have located the file of a teacher, ked at any prior performanceSELAS 1, let me rephrase the question. was that ether or not any of even ever a consideration to you your teachers had prior disciplinary records? A No Q And just to be clear, Johnstone was not the superintendent, corr She was an assistant superintendent? as the superintendent at that time A Oh, 2011/2012? Dr. Sharon McGehee. Q and Ms. McGehee never had any conversations you regarding Mr. Bryan, correct? A No, not at all. the activities that Q Are you aware if one ¢ fourth-grade teachers are charged with is to show students a menstruation film? Well, the teachers don't show it. The school nurse shows it. Q Ave there any other teachers who are involved in showing students the menstruation films? No. Q re you aware that Mr, Bryan was involved in showing students the menstruation film?4 now? No. It’s been sev. hat the legalese mandated reporting in specifically says. At the time we had it right in front of us, and we went over it. BY MR. MET, 2 Q I'm going ask you if you agree wi a0 statement. i A Okay ' 12] Q "Each incident of child abuse - MR. CHEUNG: I'm sorry to interrupt. Would you just 14 mind putting it on the record what you're reading from? ) 15] MR. MEIS! Yo, I'm not going to do that yet. | 16 MR. CHEUNG: Then I'll put it on the record. Counsel is reading from a document that he has not shown to us MR. MEISELAS Q That's correct. I'm just asking if you agree with this statement one way or the other. You may get the document. The statement is, "Each incident of child | abuse is a national tragedy." Do you agree with that statementstrengthening our ention with Ane A Yes @ “Citizens and professi children play a critical role victims who suffer from abuse Absolutely Q Tell me if this compor! as well, having instructed te: MR. CHEUNG: dust for the continuing to read from a doc identify or present to the wi MR. METSELAS I'm just as: onais who deal in protecting innoc: ts with your understanding achers on training. record, Counsel is ument that he has yet to tness. king if you agree w: lls for expert opinion;Q Do you know or A I don't. I mean -- I'm not trying to trick you. If you don't if that's a true statement A No ° a MR. CHEUNG: (Inaudible whispering.) MEISELAS: Q "They often choose to work in professions or volunteer organizations which allow them easy access to children and then which they can develop trust and respect of children and their parents.” MR. CHEUNG: @ Do you agree or you just don't know if that’s true or not? A I don'r know if that's true. Q "Pedophiles lure children inte sexual relationships with love, rewards, promises, and gifts." MR, CHEUNG: Same objections. THE WITNESS: I don't know that to be true. Q I want to show you an exhibit which was produced by your counsel to me called "Child Abuse Educator's Responsibilities Crime and Violence Prevention Center,number oduct, which is DSUSD 60, there School District insignia and a statement that provided by the office of personnel services. I'm going to show you the document, and we're going to mark this as the next in order. (whereupon, Plaintiffs’ Exhibit 7 was marked for identification by the Court Reporter and attached hereto.) MS. TODD: I think you're at 7. MR. MEISELAS: So this is Exhibit 7. Sorry. I was about te give you every one of them. MR. CHEUNG: You can do that. MR. MEISELAS: Off the record for a second (Whereupon a discussion was held off the record.} MR. MEISELAS: Back on the record. BY MR. MEISELA: Q Okay. Have you ever seen this document before? A No. Q And so today would be the very first time that you've seen this document, correct? A Yes. Q And if you can, take a gh the documentt to make sure that there's comport with that you'y 3 before Okay. So you've had the opportuni 5 | Exhibit 7 in front of you. Before today have you ever seen this document? 7 A No, I've not. a Q And for the record -- it's not on videotape, but want the record to be clear. I've given you a full |19 and fair opportunity to review the document and its [12] content generally speaking, correct? | 12 | A Yes. 23] Q Are you aware if Mr. Bryan was involved in extra ae curricular activities with students? | 1s | A ves | 1s | Q And do you recall specifically which activities he was involved in? A Math Field Day, student counsel, and one of the | otoyraphers for yearbook. Q Were these volunteer organizations? MR. CHEUNG: Vague and ambiguous. BY MR, MEISELAS Q Math Field Day and student counsel, were those organizations that Mr. Bryan had to volunteer for? A He didn't have to volunteer for themorrect? ations, for these @ And you allowed him to be the leader of these organizations, correct? A Well, for the -- yes. I mean, the yearbook photographer -- I mean, he was one of several. Q In his capacity in these organizations that he volunteered for that you allowed him to volunteer for -- A Correct Q -- he was responsible for super en? sing chi A Yes, Q In any of these organizations, was he allowed to be alone with the students in his role as a supervisor of one of those organizations? A Perhaps on occasion he was. Q Some of those clubs met outside of regular school hours, correct? A Math Field DayEXHIBIT CGerald Ford School 63.210 Warner Trait Indian Wells, CA 92250 January, 2012 Dear Parents and Guardians, Congratulations! Your child has been recommended for participation in the “Math Field Day Class” taught by Mr. Keith Bryan. The class is designed for fourth and fifth grade students with a strong ability in math computation and problem solving. CST Math scores and teacher recommendation were the critetia considered for participation in the “Math Field Day Class.” a The district-wide competition is scheduled for Saturday morning, Cert 19, 201 Lat Shadow Hills High School. Each student participating will compete in a math game and on a four-person team event In the “Math Field Day Class” students will leam the games and strategies necessary to prepare them for the competition. In addition, students will tearn and practice the skills needed for the team events—————— “Math Field Day Class” will meet dn Wednesday mornings at 7:55 to 8:55 sw.toea >| D3. When your child artives she/he should enter the biilding througtr tte front doors-of — the main office. Cless is tentatively scheduled forthe following dates: J January 18,25 February 1,8, 15,22,29 March 7, 14,21 If you are interested in having your child participate, please sign and return the information requested below to Mr. Bryan. Your child will be expected to attend all classes, on-time;-be prepared, and definitely participate in the district competition on Saturday, March 24th, ) Sincerely, LY “ he a 7 _—_ Lah Jago — ee ee Mr. Keith Bryan. Theresa Kachirouhas Fourth Grade Teacher Principal PLTFS 00078