S.M.

FACTS

a. Undisputed Facts Concerning the Sexual Abuse of Plaintiff In the fall of 2010, plaintiff was a thirteen-year-old student in the eighth grade at the school. Her math teacher was Elkis Hermida (Hermida). In October 2010, Hermida invited plaintiff to be friends on a social networking site. Soon, the two began exchanging direct text messages on their cell phones. Over time, the messages turned sexual. Plaintiff turned 14 on December 13, 2010. In late 2010 or early 2011, Hermida told plaintiff to come to his classroom during his conference period when he did not have class. He told her to tell her teacher that she had to use the bathroom. She complied. When plaintiff entered Hermida’s classroom, he told her to shut the door. He hugged and kissed her. About a week later, Hermida again texted plaintiff and told her to come to his classroom. She complied, and he again kissed her.

2 Hermida subsequently approached plaintiff at her desk at the end of math class and told her that she needed to stay after class. He dismissed the other students, closed the door and kissed her. He told her that he wanted to have sex with her. On March 12, 2011, plaintiff told her mother that she was…