The Moraga School District, defending itself in a civil lawsuit filed by a former student who was molested for years by two teachers in the 1990s, argued in court papers that the girl contributed to the abused by being “careless and negligent.”

University of California, Berkeley, swim coach Kristen Cunnane filed the civil suit in Contra Costa Superior Court in September, alleging that school administrators ignored reports of abuse at Joaquin Moraga Intermediate School while committing negligence and conspiring to commit fraud.

Moraga physical education teacher Julie Correa pleaded guilty to rape and sexual battery against Cunnane two decades ago. Cunnane said she had confided in Correa after a second teacher, science teacher Daniel Witters, had molested her. Witters committed suicide after a group of girls complained to authorities about him in 1996.

The school district is also facing a $15 million lawsuit from two other former female students alleging abuse by Witters.

Superintendent of Schools Bruce Burns defended the district's stance in the civil suit as standard procedure in the early stages of litigation. “This is a significant case that could have serious consequences for our school district. She is demanding several million dollars in damages. As a result, at this point in the proceedings we have an obligation not to waive any potential legal lines of defense.”

William Grimm, senior attorney with the National Center for Youth Law, told the Contra Costa Times that he disagreed. “I think it is reprehensible to place the blame on the young girl who was victimized. The district’s defense has to be plausible . . . and this doesn’t even pass the smell test, in my opinion.”

Cunnane, now 30, told the newspaper, “It felt like I got punched in the stomach, and I stood up and thought about how young I was when I was 12 to 13 years old at the school.”

-Ken Broder

To Learn More:

Moraga School District: Child Sex Abuse Victim Was “Careless and Negligent” (by Matthias Gafni, Contra Costa Times)

School District Calls 12-Year-Old Rape Victim “Negligent” and “Careless” in Her Own Abuse (by Kay Steiger, The Raw Story)

Moraga Superintedent Responds to Media Reports (by Matthias Gafni, Contra Costa Times)

Cal Swim Coach Files Sexual Abuse Lawsuit Against Moraga School District (by Chloe Hunt, The Daily Californian)