Trial Magazine

Doe, 16, attended South Dade High School in Homestead, Fla. Her math teacher, 32-year-old Bresnniel Jansen, had been the target of a previous investigation by the school board after allegations of improper communications with another student. During the school year, Jansen committed various improprieties, including asking Doe to stay after class; texting pictures of his genitals to her and asking her to do the same; and engaging in sexual acts with her, including intercourse in his classroom.

Doe was forced to change schools and suffered emotional distress as a result of her experience with Jansen. She received counseling, incurring $13,000 in medical expenses, and expects to need ongoing therapy. Jansen agreed to a 10-year probation deal and lifetime sex offender status.

Doe sued the Miami-Dade County School Board, alleging negligence, ­negligent training and supervision, and violations of Title IX and 42 U.S.C. §1983. The plaintiff claimed that the school board failed to provide her with a safe environment; adequately investigate Jansen; and implement policies and procedures needed to protect students from predatory teachers, including pro­­hibiting fraternization and personal communications.

Additionally, the plaintiff asserted that although the board’s investigation revealed that Jansen had sent sexually explicit messages to the previous student, he was allowed to keep his teaching position and was given a classroom that lacked windows and could be locked during school hours.

Doe also sued Jansen, alleging intentional sexual battery, statutory rape, and intentional infliction of emotional distress.
Doe settled with the school board for a confidential amount. The jury awarded more than $49.26 million against Jansen, including $30 million in punitive damages.

Citation: Doe v. Miami-Dade Cnty. Sch. Bd., No. 14-031736 CA 11 (Fla. Cir. Ct. Miami-Dade Cnty. Nov. 14, 2017).

Plaintiff counsel: AAJ members John E. Leighton, Miami; and Eric T. Halsey, Boca Raton, Fla.