CUSD sued again for alleged abuse by former teacher

CHICO » For the second time since former Bidwell Junior High School Spanish teacher Jennifer Lynn Smith, 50, was sentenced to five years in state prison in March 2021 for sexually abusing the former student, Chico Unified School District has been sued.

It is the second lawsuit that has been filed in Butte County Superior Court against the district related to Smith. The lawsuit filed on May 16, alleges that the then eighth-grade girl suffered sexual molestation, abuse, harassment, manipulation, assault and battery as a minor. The lawsuit claims that the school district knew or should have known about the conduct and was negligent.

The lawsuit claims that Smith spent time alone with Plaintiff a couple of times per week on most weeks in a small room adjacent and/or near to Smith’s classroom on Bidwell Junior High School.

The suit claims that it was in that small room Smith spoke to the plaintiff about her body and “touched the side and front of Plaintiff’s breasts and groped Plaintiff’s breasts while in this small room.”

The suit says that it was in that room that the plaintiff felt trapped and not free to leave. The suit

also alleges that the plaintiff and classmates participated in a car wash fundraiser for the school Spanish class, which Smith taught. The suit claims that Smith convinced the plaintiff to go to the restroom with her forcing her into the largest stall where Smith allegedly exposed herself to this student.

The lawsuit also claims that around Halloween 2004, the teacher showed up to plaintiff’s home uninvited and wanted to see her student’s bedroom. The suit says that the parents never let the student have people in her bedroom but because Smith was a teacher, they allowed it.

The suit alleges that not long after that Smith asked

the student to babysit for her while she and her husband went out on a date and when they returned, Smith reportedly told the student that she could stay the night because it was late.

According to the suit, despite the student telling Smith that she wasn’t allowed to stay at other people’s houses, Smith still led the student to a bedroom where Smith sexually molested and assaulted her.

The student never babysat for Smith again and according to the suit she would hide in a bathroom stall at lunch to avoid Smith and when found by school staff, the suit alleges she was made to leave the bathroom but they never asked her why she was hiding there or if she felt unsafe at school.

The lawsuit also claims: • Smith stayed late after school and attended the plaintiff’s school basketball games. The plaintiff was on a girls’ basketball team; she did not play basketball

with Smith’s sons, so Smith was there to see her.

• Smith asked to become the girls’ basketball coach so that she could coach the plaintiff’s team, but Smith was not selected to serve as the coach.

• Smith sent inappropriate text messages to the plaintiff unrelated to her position as a teacher

• Smith communicated with the plaintiff’s friends about the plaintiff, and on one occasion, showed up at the home of the plaintiff’s friend, somehow knowing when the plaintiff would be there

Jane Doe 2 is being represented by the same firm that represented the first Jane Doe in last year’s lawsuit, Mary Alexander & Associates, P.C.

Jane Doe 2 is suing for damages for past and future medical, psychotherapy, and related expenses according to proof at the time of trial; for general damages for physical and

mental pain and suffering and emotional distress in a sum to be proven at the time of trial; for damages for past loss wages and past earning capacity and/or future lost wages and loss of earning capacity according to proof at the time of trial; prejudgment interest; court costs; and any other relief that court deems just improper

Attorney John Kelley, who represented the school district in the first suit, is also representing the district in this suit. Kelly had no comment on the latest suit other than to say that the allegations made in the complaint are just allegations and the facts may be revealed as the cases progress but they are usually disputed in many key aspects.

In the first case, the allegations go back to 2009 while that victim was an eighth grader Bidwell Junior High.

The first case, Kelly said is expected to go to trial in March 2023.