The parents of a girl who sued a private Chatsworth school — alleging not enough was done to stop a “kissing club” started by other female students who bullied and sexually assaulted their daughter — can take their claims before a jury rather than be forced to arbitrate them, a judge has ruled.
The girl, now 9 years old, is identified only as E.K. and attended Sierra Canyon School. Her parents say in their Chatsworth Superior Court lawsuit that they found out about the other students’ alleged misconduct from the parents of another girl who also was being abused.
On Wednesday, Judge David B. Gelfound noted that although the parents agreed an arbitration agreement existed, they contended it could not be enforced. The judge agreed, not because the agreement was unfairly weighted toward the school, but because of the application of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
The act is a 2022 federal law amending the Federal Arbitration Act. It voids pre-dispute arbitration agreements and class-action waivers for sexual assault or sexual harassment claims, allowing victims to choose a public court or arbitration.
“Here, (the parents) allege that E.K. was repeatedly harassed and bullied by older students during school hours, including forcing her to kiss older girls and touch their genital area,” the judge wrote. “(The parents) further allege that the activity was allowed to continue because of the lack of adequate supervision by teachers, administrators and other agents, and that when Sierra Canyon became aware of the bullying and assault, it took no action.”
Due to the EFAA, the arbitration agreement is “accordingly not enforceable,” the judge further wrote. School attorneys stated in their court papers that they would file a response to the suit’s allegations pending the judge’s ruling on the arbitration motion.
According to the suit filed Dec. 1, E.K. was repeatedly harassed and bullied by older students and the harassment ranged from name-calling to peeking through the bathroom stall while the girl used the restroom, making her afraid to use the facility.
Near the end of the 2023-2024 school year, two of E.K.’s classmates were caught kissing in the bathroom and recording the act on their phone and it later came to light that many female students gathered inside the bathrooms and took part in a “Kissing Club” made up of girls ages 7 and 8, the suit further alleges.
Two of the older girls pressured, intimidated and bullied the younger ones to join the club, including E.K., the suit states.
This escalation of behavior was a result of the complete lack of supervision that allowed this club to exist for an extended period of time, giving the older girls the opportunity to further their sexual assault of E.K and others,” according to the suit.