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Teen sues school district in teacher sex case
Friday, March 20, 2009 | 2 a.m.
Angel Menes
Beyond the Sun
A teenager who engaged in sexual activity with a Durango High School teacher is now suing the Clark County School District, alleging it had been warned the educator was a danger to students but took no action.
The suit was filed March 5 in Clark County District Court, a little more than two weeks after former teacher Angel Menes was sentenced to between 16 and 48 months in prison for his crimes.
A spokesman for the school district, Michael Rodriguez, said the district does not comment on pending litigation. But speaking generally, he said it’s the district’s policy to investigate complaints of wrongdoing by school personnel.
"The safety of our students is very important to us,’’ he said.
Menes, 39 when he was arrested in April 2008, pleaded guilty to two felony counts of sexual conduct between a school employee and a pupil; and to one misdemeanor count of open or gross lewdness. In pleading guilty, he admitted to having sex with two students while he was a driver’s education teacher at the school.
The lawsuit, filed by "Jane Doe" to protect the plaintiff’s identity, said she was a student and Menes was a teacher last year at Durango and that in April 2008 Menes convinced the plaintiff to engage in sexual activity with him.
The sexual activity apparently was consensual until, the suit says, "Menes touched plaintiff Jane Doe inappropriately and forced her" to perform a sex act. The plaintiff says that more than a year prior to this incident, a sister-in-law of Menes sent a letter to the Clark County School District "about Mr. Menes’ various sexual proclivities, drug usage and violent temper.’’
But the school district did not contact the woman or Menes about the February 2007 letter warning the district about Menes, the suit alleges.
Rodriguez said the district is aware that the woman says she sent the district such a letter, but has been unable to locate it or confirm receipt of it. On Thursday, he said the district was still looking for the letter. Jane Doe also claims that prior to April 11, 2008 -- the date of an incident with a student that led to Menes’ arrest -- the school district was warned by another student that Menes was attempting to have sex with her.
"W. Doe, another student, spoke with the Clark County School District police about actions that Menes was taking with her,’’ the suit charges. "Despite this, the Clark County School District police did nothing. No investigation was done whatsoever ... The CCSD police told W. Doe not to worry about the problem,’’ the suit says.
Jane Doe, who says she suffered physical and emotional injuries, says the school district was negligent in hiring Menes, in failing to investigate his background and in failing to act on reports about his sexual activities.
The suit also names Menes as a defendant. It seeks general and punitive damages that are not specified but that are more than $10,000 apiece; along with restitution for the plaintiff’s past and present medical expenses associated with the sexual assault.
It’s unclear if the Jane Doe suing Menes and the School District is the same sophomore student whose relationship with Menes is spelled out in a Metro Police arrest report from his arrest on April 12, 2008.
That report says the 16-year-old student and Menes began exchanging e-mails in February 2008 and the relationship progressed to instant messaging and sexual contact. When confronted by police, Menes confessed to performing sex acts with the student and asking her to send him photos of her nude or scantily clad. She did send him such photos using her cell phone camera, the arrest report said. On April 11, 2008, after Menes allegedly forced her to perform a sex act, she called her mother in tears. Her mother then called police, which led to his arrest.
The suit against the school district was filed by Las Vegas attorneys Robert Murdock and Eckley Keach.
Steve Green can be reached at 990-7714 or steve.green@hbcpub.com.
Discussion: 18 comments so far…
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We can not go around suing everyone that does not protect young women from engaging in sexual activities. CCSD is not responsible for this teacher's actions anymore than they are responsible for teachers who make other made choices. Teachers are not infallible and therefore they commit the same crimes as other professions. The man should be punished to the full extent of the law just like any other case, but to sue the school district is just wrong. The school district is struggling with budget issues as it is and the only one that will be punished is the children. The children will suffer when the money is paid, not the criminal who is already behind bars. Money will not change what has happened. We have a judicial system for a reason. If people stopped suing the school district then there would be more money for books and supplies for the kids.
Of course you just had to know it would only be a matter of time before some accident-chasing lawyer got hold of these people and put delusions of grandeur in their head - not to mention dollar signs galore. Get a real job people and stop trying to live off of suing everything and everyone just to avoid WORKING for a living.
Teacher/student abuse is happening all over the country. Go to www.schoolteachernews.com and click on the Scandal page. This year they have documented over 120 of these types of incidents. In 2008 they found 479 of these kinds of cases.
starrynite7 -- Good points, but the facts as presented here do show the CCSD was warned and therefore bears some responsibility. The big question is how does the institutional nexus create liability for private, and apparently consensual, behavior?
azsk8fan -- I'm with you on this one.
triumph110 -- It's not "abuse" when it's just nature taking its course.
The combination of males and precocious females (always the biggest temptation on this planet, ever) -- why is anyone surprised this is happening?
It's very clear from this article this "victim" knew exactly what she was doing. One of the most prolific sources of false accusations of this nature is teenage girls, usually because they're not getting what they want. The verdict should show the appropriate mitigation.
maybe she shouldnt' have been engaging in the activities that led up to this.
This man is a sexual predator! He was hired by CCSD and CCSD had at the least a previous child whose parents contacted the district about his behavior, or intentions.
It is unfortunate that all our children will suffer as a result of a possible court ordered restitution to damages, or a likely settlement in to preclude guilt.
The outrage should be towards the school district's inability to vet out KNOWN predators. This child was 15 or 16 years old, she can not consent to have sex with an adult, that is the law (even in vegas)....as it should be!
Actually if she's 16, I think she can consent. BUT, there might be a loophole in which you have to be under a certain age for the whole 16 thing to apply.
Bottom line is that she started doing adult acts that ended with adult problems. Is she entirely to blame? No. Is the man entirely to blame though? No.
Consent isn't the issue here. The statutes that bar CCSD employees from engaging in sex acts with CCSD pupils are being used to prosecute him.
Furthermore, in regard to the other comments on this thread, I find them all to be a bit lax in concern. He's not accused of merely having a sexual relationship with students. He's accused of forcing them to perform sex acts. If you want to question intent, that's the intent you need to keep in mind.
As to letting CCSD off the hook because it is facing budget cuts, that's unacceptable. CCSD, as an organization, has a responsibility to provide a safe atmosphere for students, and to be vigilant in investigating claims, especially claims of abuse. While I understand a letter was sent to "the administration," I also understand how things like that can get lost, misaddressed, etc. Why didn't they follow up with a phone call? A second letter?
If CCSD was aware of the issue and failed to take action, then they have cause to litigate.
What did CCSD know and when? The source of the warning is the sister in law making her a credible witness.
CCSD will settle this case out of court. They will keep it "hush-hush." This is how CCSD operates.
The 16 year old girl knew what she was doing, and she did it any way. She had sex with this creep, and now she's calling it rape. Seems to me that she knew what she was doing it while she was doing it. But again, CCSD will pay her for her "pain." The mother will be celebrating her good fortune.
Just another reason the current education in the classroom system needs to be abolished.
I understand going after the guy for the crime, but why does the CCSD have to defend itself in a lawsuit. I don't understand the status of the letter, where is it?
The lawsuit sounds fishy. If the allegations are true why didn't the student go to a different "trusted" teacher or the pricipal.
If the guy is truly guilty, fry 'em. But look for the deeper issues here.
Funny, I don't feel tardy! "I'm hot for teacher"!
Getalife: I totally agree with you about the lawsuit sounding fishy. There are tons of people this young woman could have gone to about this issue. She was not raped, she began the texting and was actively involved and then things got out-of-hand. Then she panicked and decided to stop and make some calls. CCSD is responsible to a certain extent, however, they did check this man our before they hired him.
I work for CCSD and believe me they do finger printing and background checks and every other kind of check. This man may have used a false name or something else. We can not run around suing everyone that does not keep us safe. 16 years old is only two years from being able to go to war and die for this country. If she was 13 I would agree, but 16 is old enough to know better.
Perhaps her parents should have spent more time teaching her about sexting men and being involved with an older man. Perhaps her Church should have instilled a better sense of morals so she would not have been tempted by this man.
Maybe she should not have watched MTV and been influenced by the media. Then she would not entertain ideas of being with men at such a young age.
Why there are many people women could sue for not keeping them safe. Perhaps a nunnery would be a better choice?
Bottom line: They are both wrong and he will pay for his part, and she will get money. That does not sound fair to me.
Don't girls nowdays no how to just say no? She definately knew what she was doing AND wanted it.
Her parents are probably out of work and need "quick money".
Pay the girl and her lawyer. Get it over with quick.
If she gets money out of this situation, then we all will be paying her off. It comes down to the taxpayers footing the bill in the end. Money hungry people will use any excuse to sue. How do we REALLY know this letter was even sent? It's her mother's word against CCSD and I would bet my money that there never was a letter at all.