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A claim seeking more than $3 million has been filed against the Upland Unified School District following allegations of sexual assault and widespread hazing on the Upland High School junior varsity baseball team, according to KTLA. A video shows the victim being physically and sexually abused in a locker room at Upland High School located at 565 W 11th St, Upland, CA 91786.
According to the claim, a member of the JV baseball team says he was sexually assaulted by varsity players inside the locker room as part of rampant hazing on the team. The claim alleges that the head coach, Aldo Garbick, was aware of the hazing and did not allow freshman and JV players to use the locker room, forcing them to change in the dugout or outside.
The attack is said to have occurred on February 14, 2024, when the student filing the claim attempted to retrieve his belongings from the locker room. The claim states a video shows a varsity player put him in a headlock, another simulated sex with him, and a third pushed a plastic pipe into his rectal area. The incident was allegedly recorded and shared among teammates.
Upland Unified has hired an outside investigator to question players, coaches and administrators about the allegations. "Our district leaders are taking this situation very seriously," a statement from Superintendent Lynn Carmen Day said. "The district will continue to take appropriate disciplinary actions as necessary."
Upland High's athletic department has also listed openings for all baseball coaching positions, suggesting changes may be coming to the program. The police initially investigated the incident but have deferred to the district's ongoing probe.
The district has 45 days to accept or reject the $3 million claim, which would precede any potential lawsuit.
In the wake of disturbing allegations of sexual assault and hazing within a California high school's junior varsity baseball program, we spoke with Mike Pfau - an attorney known for his work representing victims of high school hazing and school negligence. Pfau provided valuable perspective on the legal rights and accountability measures available to those who have suffered harm in these types of incidents.
Editor Darla Medina (DM): Thank you for speaking with us today, Mr. Pfau. As an experienced lawyer who has handled many cases of sexual abuse, can you share some insights into the legal options available for victims of high school hazing?
Attorney Mike Pfau (MP): In situations of sexual abuse during hazing incidents, victims have several avenues they can pursue. One key area is filing civil lawsuits against the perpetrators, as well as any institutions or organizations that may have failed to prevent the abuse. This can allow victims to obtain compensation for the harm they've suffered.
DM: That's an important point. What about criminal charges - can victims seek to hold the abusers accountable through the justice system as well?
MP: Yes, criminal charges are certainly an option, depending on the specifics of the case. Sexual assault and related crimes can potentially be prosecuted, which can result in the perpetrators facing jail time and other penalties. However, the burden of proof is higher in criminal cases, so civil lawsuits may provide an alternative path to obtain justice and recover damages.
DM: I see. And what about the institutions or organizations involved - how can victims hold them responsible?
MP: Victims may be able to sue the institutions or organizations if there is evidence they were negligent in preventing the abuse. This could include failing to properly screen or supervise personnel, neglecting to implement adequate safeguards, or ignoring prior reports of misconduct. Establishing this type of institutional liability can be complex, but an experienced attorney can navigate the legal process to seek accountability.
DM: That's very helpful context. Is there anything else you'd like to add for our readers about the options available to victims of hazing-related sexual abuse?
MP: The most important thing is for victims to understand that they have rights and that there are ways to seek justice, whether through civil lawsuits, criminal charges, or a combination of legal strategies. I encourage anyone affected by such incidents to consult with a knowledgeable attorney who can evaluate their case and guide them through the appropriate legal channels.
DM: Thank you, Mr. Pfau, for taking the time to share your expertise on this important issue. I appreciate you providing our readers with a clear overview of the options available to victims.
MP: You're very welcome. I'm glad I could offer some helpful information. Please don't hesitate to reach out if you have any other questions.
If you or a loved one have been the victim of sexual abuse, assault, or other harmful hazing incidents at school, it's important to understand your legal rights and options for holding negligent parties accountable. Our experienced attorneys are available for a free, confidential consultation to discuss your case. We've helped many families across California seek justice and fair compensation for the trauma caused by school negligence and abusive hazing cultures. Contact us today to get the support you need.
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