A jury rendered a $25 million verdict against the Santa Barbara Unified School District this month in a civil case, apportioning 80% of fault on the district for the sexual abuse of a student by a former employee that took place between 2008 and 2011.
Justin Sell, a former security guard and assistant football coach at Dos Pueblos High School, was convicted of two felonies and required to register as a sex offender in 2013 after two male students, whose were not identified, reported stalking and sexual abuse by Sell.
After being convicted, Sell was sentenced to one year in County Jail and five years of probation.
A third victim, the plaintiff in this civil case against the school district who also remained anonymous, reported being groomed and sexually abused by Sell between 2008 and 2011, beginning when the victim was 15 years old and Sell was in his late 20s.
Attorneys for the victim, John Taylor and Natalie Weatherford of Taylor & Ring, said the district failed to keep students safe by employing Sell and not reporting inappropriate behavior to law enforcement as mandated reporters.
“The school district and its employees had missed multiple opportunities to get rid of a person they acknowledged was a problematic employee,” Taylor said. “They repeatedly chose to protect the employee over the safety of the kids.”
Sell was an employee of the Santa Barbara Unified School District from 2005 through 2011.
“There is never an excuse for abhorrent behavior from an employee regarding a minor student,” Santa Barbara Unified School District spokesperson Ed Zuchelli said on behalf of the district. “The school district deeply empathizes with any student who finds themselves in a vulnerable position in a school environment where children should feel safe.
“Although the conduct in the matter occurred more than a decade ago, the school district has an ongoing commitment to strict standards of professional conduct, proper supervision of employees, and a variety of methods of reporting inappropriate behavior.”
Zuchelli said the district was represented in this civil case by Harry Harrison of Tyson and Mendes, and the verdict was fully covered by the school district’s insurance carrier.
According to the court complaint, Sell built a relationship with the victim, spending time during and outside of school with him, and later sexually abusing and harassing him.
“Sell was a coach and security guard at [the victim’s] high school and he used this position to gain [the victim’s] trust and friendship, knowing that he could then take advantage of [him] sexually,” the complaint said, adding that Sell would use gifts as leverage and make threats to keep the victim silent.
The complaint also alleged that teachers noticed Sell spending more time with certain students, and at one point, one of the victim’s other coaches asked the victim why he was spending so much time with Sell, not further investigating when the victim made up things he and Sell would talk about.
The victim’s attorneys said the head football coach reported Sell’s inappropriate behavior to the athletic director and school principal “at least three times” in 2009, and later terminated Sell from the assistant coach position in 2010. Sell remained employed as a security guard with the school district.
“SBUSD teachers, administrators, personnel did nothing further to investigate Sell’s inappropriate relationship with [the victim] and Sell was allowed to continue, unhindered, in his predatory conduct directed at [the victim],” the complaint said.