Federal Investigation Finds San Bernardino School District Failed to Respond Properly to 11-Year-Old's Alleged Rape
A damning federal investigation has revealed that administrators at Cesar E. Chavez Middle School and the San Bernardino City Unified School District exhibited “deliberate indifference” to the sexual assault of an 11-year-old girl in October 2022. The assault, which occurred in a school restroom, was recorded on video and widely shared, sparking an outcry over the district’s handling of the case.
The U.S. Department of Education’s Office for Civil Rights (OCR) concluded that the school’s response to the mother’s report was inadequate, violating federal Title IX regulations that mandate proper investigation and response to sexual harassment or assault. The investigation, which culminated in a 14-page report on November 25, highlighted severe failures in protecting the student and properly addressing her trauma.
Despite the girl’s mother, who speaks little English, notifying the school, administrators at the school district failed to follow protocol and delayed the investigation. The school also neglected to offer the girl necessary mental health services or take action to prevent bullying. Steven Figueroa, an advocate for the victim, expressed shock over the lack of supervision that allowed the attack to occur and the district’s subsequent inaction, leaving the girl exposed to further harm.
A Video that Haunts
The assault was recorded on video by another student, and the footage spread online, where it was shared and altered with derogatory text, including the word "whore." Over the next several months, the victim endured constant harassment at school as classmates taunted her with the video. In one instance, the girl was followed through the cafeteria, with others laughing and reminding her, "We saw you on the video."
Despite this ongoing abuse, when the girl's mother raised the issue with then-Principal Robert Morales, he dismissed her concerns, saying there was nothing he could do. It wasn’t until the following day, when the video went viral among students, that administrators began investigating. However, their response was deeply flawed. They suspended both the girl and the boy seen in the video for "committing an obscene act," while the others who shared the video were suspended for cyberbullying.
A Legal and Ethical Failure
The school’s failure to address the matter according to federal law, which requires timely and thorough investigations into allegations of sexual assault, was compounded by the mishandling of the mother’s complaint. The district didn’t inform her about how to file a formal complaint under Title IX until weeks later, and when she did file it, the complaint lacked key details due to language barriers and delays.
Additionally, despite a police investigation that yielded evidence of sexual assault, the San Bernardino County District Attorney’s Office ultimately decided not to pursue criminal charges, citing the fact that both the victim and the perpetrator were underage and that the encounter was deemed consensual in the eyes of both parties. The district attorney’s office also found that the boy who recorded the video had not engaged in the assault itself, though he contributed to its spread.
The Girl’s Struggles Continue
The girl, now 13, has faced severe emotional and psychological tolls since the assault. She has been diagnosed with PTSD, anxiety, depression, and learning disabilities. Despite her mother’s requests for help, the district did not provide any educational accommodations or medical support. Instead, the girl faced ongoing bullying, with no effort made to remove the videos from social media or intervene to stop the harassment.
A lawsuit filed by the girl’s family alleges that the district’s negligence and failure to properly investigate the assault violated their responsibilities to protect and support students. The suit claims that the girl was not only sexually assaulted but subjected to cruel and negligent treatment in the aftermath.
A Community Shattered
Dr. Roy Lubit, a child psychiatrist, noted that such cases require delicate, skillful handling, especially when dealing with children who may initially deny abuse due to fear, guilt, or shame. He warned that punishing a child for sexual activity before fully determining whether it was consensual only compounds the trauma and victimization.
The district, facing legal pressure, has pledged to review and improve its policies. A resolution was passed in November 2023, vowing to enhance training on Title IX and establish better procedures for addressing sexual harassment and assault. However, many remain skeptical about whether these changes will be enough to rebuild trust with the community, especially after this catastrophic failure to protect a vulnerable student.
The incident at Cesar E. Chavez Middle School has highlighted the critical need for accountability and transparency in schools, especially in cases involving the safety and well-being of children. For this young girl, the road to healing may be long, but justice—and a system that truly protects students—remains a crucial goal.
