A former student is suing a southwestern Manitoba school division, claiming it was negligent and failed to protect them from being allegedly preyed on and sexually abused by a psychologist working at a school in Carberry more than four decades ago.
The statement of claim, filed in� Winnipeg’s Court of King’s Bench last week, alleges the Beautiful Plains School Division “created the risk of sexual assault” after hiring a psychologist without properly investigating his background and by failing to employ “reasonable safeguards” to ensure the plaintiff was safe at the school premises.
The psychologist met the plaintiff, who was a student at Carberry Collegiate, more than four decades ago. The plaintiff was “young, vulnerable and in need of guidance” at the time, the suit says.
The lawsuit claims the psychologist used the position of power and authority he had as an employee of the school division to prey on and sexually assault the plaintiff on repeated occasions between 1980 and 1982.
The assaults increased in frequency, nature and intensity over time, as the psychologist pressured the student to remain silent by engaging in “a pattern of behaviour which was intended to make [the student] feel that it was unsafe to report the wrongdoings,” the suit claims.
“The perpetrator willfully and/or negligently inflicted pain … mental suffering, humiliation, and degradation upon the plaintiff,” according to the lawsuit, which claims the assaults interfered with the student’s normal childhood development and future relationships.
None of the allegations made in the statement of claim have been proven in court.
It is not clear from the lawsuit whether any criminal charges were laid in connection with the alleged assaults.
No statement of defence has been filed in response to the suit.
CBC News contacted the school division on Tuesday, but its superintendent declined to comment on the allegations as they are before the courts.
System ‘designed to cover up’ abuse: suit
The court filing alleges the school division was negligent and failed in its duty of care to the student by failing to investigate the psychologist’s background, character and psychological state thoroughly before hiring him.
The division’s policies at the time created an opportunity for the psychologist to “exert power” over the student and, “under the guise of conducting the activities of a psychologist … foster a trusting relationship” with the youth.
The lawsuit also alleges the school division didn’t have a proper system in place to report sexual abuse, and fostered an environment where reporting “deviant sexual behaviour … would be considered to be wrong and/or would result in retaliation.”
The division “implemented and maintained a system which was designed to cover up the existence of such behaviour, if such behaviours were ever reported,” according to the statement of claim.
The suit also claims the division “had the opportunity and the duty to inspect and/or investigate when they knew, or ought to have known the sexual abuse was happening,” and that even “once it was fully aware of his shortcomings,” it failed to “adequately counsel and assist [the student] once it knew of the perpetrator’s behaviours.”
The plaintiff says the sexual abuse caused and continues to inflict suffering, including physical pain, mental anguish, depression and anxiety, and a shortened working life.
The plaintiff has undergone medical care and treatment, as well as psychological and spiritual counselling, which will need to continue indefinitely through their lifetime, the suit says.
The lawsuit is asking for a range of “aggravated, exemplary and punitive damages,” including $2 million for health-care costs.