A former student seeks damages for alleged sexual abuse by an Azle (Texas) Independent School District coach.
The attorney for the victim told KDFW he believes the evidence in the case will be enough for a judge to deny the motions for dismissal made by Azle ISD and other officials and allow the case to move forward to trial.
When the victim came forward to police in April, softball coach Carlos Alberto Font-Santiago was arrested on charges of an improper relationship with a student. In December, he was charged with sexual assault of a child. Now, the victim has filed a lawsuit against Azle ISD, the superintendent, the former athletic director, and Font-Santiago, KDFW's Amelia Jones reported.
"Simply put, my client believes the evidence will show that she was sexually abused over a period of many months over her sophomore and junior year at Azle ISD by Mr. Font-Santiago, and that the school district covered it up," said Rod Tanner, the alleged victim's attorney.
The school district and superintendent filed a motion to dismiss the case against them, as did former athletic director Rebecca Spurlock. Tanner believes the evidence will show that Spurlock's actions do not meet the requirements for qualified immunity, stating, "We believe the evidence will show she had actual knowledge pointing to improper and unlawful conduct by Mr. Font-Santiago at the time in question."
Tanner also called into question the timing of Font-Santiago's arrest in April.
Azle ISD knew about the allegations, but allowed him to coach a softball game that day. He was arrested later that night at his home.
In defense of the arrest plan, Azle Police Chief Ben Hall told KDFW that it took time to receive approval of the arrest warrant and search warrant. They also didn't want to risk the safety of kids at the game.
"My client feels that a significant part of her childhood has been stolen from her by this sexual predator," Tanner said.
Investigator Krissy Morrison added, "We're interested in any former students, teachers, employers, coaches who had knowledge of this behavior from the coach at Azle ISD. We want to talk with them, we want to gather information on what they knew and who they told about it."
According to KDFW's Jones, the school district, superintendent and former athletic director have time to file their own response to Tanner's brief. A judge will then consider all the evidence and rule on the motions filed.
