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Former Merced County high school students suing district, teachers for alleged sex abuse

The Fresno Bee - 7/22/2022

Two former Los Banos High School students have filed a lawsuit against the Los Banos Unified School District, Merced County Office of Education and two teachers they allege sexually abused them nearly 20 years ago.

The students, identified as Jane Doe 1 and Jane Doe 2, claim the district and the office of education were negligent in hiring and supervising the teachers who groomed them and abused them.

According to the lawsuit, Jane Doe 1 was sexually assaulted during the 2005-06 school year while taking a vocational class from teacher Dusty Norris. She was one of only a few women in the class. Norris soon became flirtatious with Jane Doe 1 and his actions quickly escalated. He is accused of groping her in class, slapping her bottom, touching her breasts and her vagina over her clothes.

“Norris convinced JANE DOE 1 that there was nothing wrong with what he was doing by telling her she was not far from 18 years old and that what he was doing was part of human nature,” according to the lawsuit. “

During the summer of 2005, Norris was giving the student a ride to and from different job sites While being transported, Norris sexually molested Jane Doe 1, the lawsuit states.

“Norris told her that if she were to tell anyone of these exploits, “Just remember, I have a lot of guns.”,” the lawsuit states.

At the time Norris was employed by the Merced County of Education as an ROP (Regional Occupational Program) teacher at Los Banos High School.

Gary Bettencourt, a former drama teacher, is accused of encouraging Jane Doe 2’s father to allow her to take drama, saying he would make sure she got home safely.

“Bettencourt engaged in physical contact with Jane Doe 2, including kissing, touching, and oral copulation, typically after rehearsals in the school theater or in the classroom,” the lawsuit states.

Bettencourt was accused of sexually abusing three students during his time at Pacheco High School. He was investigated by police and was charged with sexual abuse.

In 2016, Bettencourt agreed to plead no contest to sexually abusing two former students more than 10 years ago and, more recently, to having sexually abused another student in 2015.

He was sentenced in 2016 to eight years and four months in prison. Norris was also investigated and charged. His case is awaiting a trial.

The plaintiff’s lawyer, Lauren Cerri, of Corsiglia, McMahon & Allard in San Jose, said the women chose to sue not just their attackers but also the organizations that employed these men.

“They must also be held accountable for what they have done,” Cerri said. “These perpetrators seek out vulnerable victims and the school districts should know that. Sexual predators go to where they can find more victims.”

Officials with Merced County Office of Education could not be reached for comment Thursday. Merced County Superintendent of Schools Mark E. Marshall said: “The District is reviewing the lawsuit but cannot comment at this time on pending litigation.”

Cerri said he clients are asking for a jury trial and will be seeking financial damages.

She said her clients attempted a similar lawsuit in 2017 but pulled it back after realizing the clock for filing the sex abuse lawsuit had run out.

The California Supreme Court ruled at the time that victims of sexual abuse prior to 2008 were required to provide school districts notice that they were going to file a lawsuit within six months of the date they were last abused.

That law, however, was changed in 2020 with the passage of Assembly Bill 218. The new law did away with the notice requirement and gave accusers, regardless of when the abuse happened, a three-year window to file a lawsuit.

The three years expires Dec. 31, 2022.

©2022 The Fresno Bee. Visit fresnobee.com. Distributed by Tribune Content Agency, LLC.