Myles
Myles v. West Contra Costa Unified School District
Opinion
Trial Court Opinion
I. BACKGROUND
A. The Parties Myles was a student at Pinole Valley High School (PVHS) in the District. Dkt. 1, Compl. ¶ 14. Her claims are against the District, PVHS principal Kibby Kleiman, PVHS assistant principal Ryan Kolb, and Bay Area Community Resources, Inc. (BACR), arising in part from incidents with male student Michael Day (“Day”) at PVHS.
1 BACR answered the complaint. Dkt. 20. B. The Incidents Involving Myles Myles describes two incidents involving Day. The first occurred “[o]n or around December of 2021” when Day allegedly “approached her, aggressively grabbed her by her arm and ordered her to perform oral sex on him [and when she] refused, Day threatened her, pulled her
by her hair to a secluded location on the PVHS campus and physically forced her to orally copulate him.” Id. ¶ 18. The second incident occurred “[o]n or around January of 2022” when Day allegedly “approached her, grabbed her aggressively by her arm and began pulling her down the hallway. Breana struggled with Day, eventually breaking free from his grasp and running into the PVHS Student Health Center (SHC).” Id. ¶ 19. Plaintiff reported the incidents to SHC staff and…