CCSD faces a federal lawsuit for the actions of a former counselor
Las Vegas, NV (KTNV) -- A lawsuit filed in federal court claims the Clark County School District should be held responsible for the actions of a former educator accused of "sexting" or sending sexually explicit messages to a middle-school student.
Franz Fajardo admitted to his bad acts. Jillian, a local childcare worker, says school administrators share some blame. She says, "They are hiring these individuals, and they should be doing background checks."
Background checks are among the issues the girl, named in the lawsuit as Jane Doe, and her father James Krueger claim CCSD fell short on.
Las Vegas Metropolitan Police arrested Fajardo in 2009. The girl was 13-years-old when her basketball coach and counselor at Saville Middle School sent her racy messages relatives found on her cell phone, according to the arrest report
The least explicit from the Fajardo to the girl were, "Stop wondering and take a shower with me," "You can put me to sleep anytime, after we have our fun" and "I love you"
"If I were a parent and my daughter or son even came to me you know, I would hope that they would tell me that somebody was trying to get at them or something like that," said Jillian.
According to the lawsuit, that somebody should have been from CCSD.
Among the claims, Fajardo used his position to sexually abuse, assault and harass the girl on and off school grounds. The lawsuit claims the school district knew or should have known about it and was negligent in its hiring and supervision.
Jillian takes a tough stand on any adult who takes advantage of a child. She says, "I think they should be fired and probably locked up."
The lawsuit also claims CCSD violated federal law that bans discrimination by agencies that receive federal funding.
Melinda Malone, press secretary for CCSD e-mailed this statement to Action News.
"Clark County School District has a clear policy against inappropriate relationships between students and school staff. The behavior Mr. Fajardo exhibited was not tolerated - he has been fired from employment with the district and has been sentenced to jail time.
"This matter has already been addressed in a criminal court. We have received the new suit and will review it for any other policies that may not have been followed surrounding the incident."
Fajardo pleaded guilty to attempted lewdness with a minor. In November he was sentenced to three to ten years in prison.