By Khalida Sarwari
Over the course of one week, the spotlight shifted numerous times in the Audrie Pott case, from the boys accused in the alleged sexual assault of the 15-year-old Saratoga High School student to the Pott family and then to the school district.
Nearly a week after three 16-year-old boys were arrested on sexual assault and distribution of child pornography charges and two days after the Pott family announced the filing of a wrongful death lawsuit against the families of the accused, the Los Gatos-Saratoga Union High School District finally broke its silence and issued a statement on Audrie’s death.
“We have limited our public statements primarily for two reasons: (a) all indications show this was not a school-related incident; it was a private situation for the families involved and (b) the district is prohibited by law from disclosing or discussing details of student discipline cases,” the 3 1/2 page statement reads.
The statement goes on to acknowledge questions about when the school learned about the party and the alleged assault, whether Audrie had complained to school officials about bullying prior to the alleged sexual assault and when and how students were notified. The statement also addresses whether photographs of the sexual assault were circulated among students on campus, why the three students were not expelled but were dropped from the football team and whether they’d be allowed back on campus during the trial.
On the issue of cyber bullying, the district stated that while a school district can impose discipline for such acts, there must be “a provable connection to a school activity or attendance.”
The district had come under fire for appearing to deny the issue of cyberbullying in connection with Audrie’s death. When news of Audrie’s suicide was initially reported in September, school principal Paul Robinson told the Saratoga News that the rumors of her taking her life due to sexual assault and bullying were “as far from the truth as it can be” and that her death was and would likely remain a mystery.
The “mystery,” though, lasted only seven months. On April 11, the boys were arrested, and on April 15 the Pott family filed a wrongful death lawsuit in Santa Clara County Superior Court against their families. The family also filed a claim against the school district for negligence. The school district responded by stating that Audrie “never reported or sought counseling for bullying before or after the alleged sexual assault.”
The wrongful death suit–which names the three boys and the owners of the home where the party took place–claims the boys raped an intoxicated and unconscious Audrie at a Labor Day weekend party while they were sober and then electronically distributed at least one photo of the sexual assault to other students in the school. The boys, schoolmates that Audrie had considered her friends, are also accused of using a marker to draw on and write sexually explicit messages on her body.
While a separate criminal case investigated by the Santa Clara County District Attorney’s Office is also unfolding, the wrongful death lawsuit will give the Pott family’s attorney, Robert Allard, and his team legal authority to subpoena cell phone and other electronic records, as well as interview witnesses under penalty of perjury.
The boys, whose names have not been released because of their ages, appeared at a detention hearing on April 16. All media calls about the criminal case were being directed to deputy district attorney Jaron Shipp, who declined to speak about what happened.
The school district’s statement can be viewed in its entirety at lgsuhsd-ca.schoolloop.com/file/1238131251731/6101767204069222182.pdf.
A candlelight vigil to commemorate and honor Audrie was planned to take place at Saratoga High School on April 19.
District breaks silence by issuing a statement on Audrie Pott’s death
