The Fremont Union High School District is preparing to defend itself at a March 2 hearing in a lawsuit filed by one of Jeff Lamson's victims. The suit alleges that school officials were aware of the ex-teacher's illegal behavior but did nothing to stop it.
Jane Doe No. 2, now age 16, also alleges she was the victim of sexual harassment, she suffered personal injuries and her civil rights were violated while attending the Cupertino school.
Former Homestead High School principal David Payne is named as a defendant in the lawsuit, which accuses him of failing to notify authorities after allegedly learning of the sexual impropriety between Lamson and female students.
The lawsuit, which was filed in August, claims, "The school that she attended, Homestead High School, failed to protect [Jane Doe No. 2] in spite of the fact that the principal David Payne had actual knowledge of Lamson's unlawful conduct."
Mark Davis, who represents both Payne and the district, said officials at the school were unaware of any improper relationships, and therefore are not liable.
"At this point, we haven't found anybody--including the defendant's mother--that had any prior knowledge of this relationship," Davis said.
In a response filed by Lamson's civil attorney Rick Williams, Lamson denied each allegation brought against him--and the school district.
"He [Lamson] is going to vigorously deny the lawsuit brought by Jane Doe No. 2 and the claims she is complaining of," Williams said.
The lawsuit alleged, "Payne and other FUHSD officials failed to report said misconduct to the authorities, conduct a proper investigation or take appropriate remedial action."
Justine Durrell, representing Jane Doe No. 2, said the rumors and accusations were well-known on the Homestead campus.
"I believe they swept it under the rug," Durrell said. "There were enough rumors and complaints out there, that somebody should have conducted an investigation and this never would have happened."
Durrell claimed Payne knew of Lamson's sexual relationship with Jane Doe No. 1 in the 1990-91 school year.
"At that time he was a mandated child abuse reporter and should have reported to police," Durrell said.
According to the California penal code, mandated child abuse reporters, such as teachers and doctors, are required by law to investigate claims of sexual misconduct--and to notify authorities--if they have a "reasonable suspicion." Durrell said it would be up to a jury to decide if on-campus rumors were enough to meet the "reasonable suspicion" standard.
According to police reports regarding the incidents, some Homestead teachers were aware of allegations while Lamson taught at the school.
One police report said the teacher, "...along with the majority of the faculty at Homestead High School, heard the rumors and suspected that Lamson was sexually involved with students based on the nature of Lamson's contact with female students."
Durrell said she would not yet specify the amount in damages her client is seeking.
"It's interfered with her high school education and to some extent, her future ability to go out and get further education," Durrell said. "It's had a major impact on her high school years."
Cupertino, California Since 1947
