X.M.
X.M. v. Super. Ct.
Opinion
Opinion
FACTS
In March 2019, X.M. sued HUSD and Pedro Martinez, a janitor at Maple
Elementary School, where X.M. was a first grader at the time of the alleged abuse. X.M.
claims that on multiple occasions during the fall of 2018, Martinez sexually molested him
in campus bathrooms and classrooms during school hours. X.M.’s complaint also alleges
3 the abuse could have been avoided had HUSD not covered up prior reports of sexual
assault against Martinez or ignored evidence that its sexual harassment policies were
deficient.
According to the complaint, Martinez would lure X.M. and other young students
into empty classrooms with sweets and videos in an effort to get them to sit on his lap and
engage in sexually inappropriate conduct. HUSD employees were aware this was going
on but failed to properly supervise Martinez. The complaint further alleges HUSD
employees knew Martinez had been accused of molesting another first grade student two
years earlier, in 2016. When the student’s parents told school officials that their daughter
said Martinez had assaulted her in the bathroom, the officials responded that children
tend to make up these types of stories to get out of going to…