RANCHO SANTA MARGARITA, Calif. (KABC) — A former football player at Santa Margarita Catholic High School is detailing the alleged sexual assault he suffered last month at the hands of several teammates before practice.
The boy, now 16, is represented by Brian Williams with Greenberg Gross LLP.
"They cut the lights, several teammates then pinned him down and held him, restrained him, and then he was assaulted," Williams said. "My client, just like the other day, went into that locker room to change, to get ready for practice, and he was unfortunately ambushed by a large group of teammates."
The victim and his mother filed a lawsuit against SMCHS and the Roman Catholic Bishop of Orange for negligence, negligent failure to warn, train or educate, and emotional distress.
The lawsuit states the victim was subjected to a violent assault of a sexual nature.
"This is not normal," Williams exclaimed. "No child on any team, male, female, any sport, should walk into a locker room and be ambushed and then restrained down and have their private parts or any part of their body assaulted. This shouldn't occur."
After the attack the victim allegedly tried to seek help but was intercepted by another player.
The lawsuit states that player told the victim: "This is football, you knew what you were signing up for."
Williams said, "I absolutely do not agree. This is not football. This is not any sport. This is not random horse play. This is a tragic event that no kid should be subjected to."
The Diocese of Orange says they take the allegations seriously and are dedicated to fostering safe, supportive environments for all students.
"The school swiftly took certain personnel actions as a precautionary measure," the diocese said.
Williams said the school's head football coach was placed on administrative leave.
The diocese said, "From the outset, Santa Margarita Catholic High School has cooperated fully with the Orange County Sheriff's Department, which conducted a comprehensive investigation."
OCSD Sergeant and Public Information Officer Frank Gonzalez said on Sept. 24 the sheriff's department was contacted by Hoag Hospital in Irvine for reports by a juvenile that he was sexually assaulted by teammates at SMCHS.
Sgt. Gonzalez said 15 people connected with the school, including students, were interviewed.
He said their investigation has determined there are misdemeanor level elements of sexual assault or sexual battery.
The evidence was presented to the victim's mother to see if she wished to prosecute.
Sgt. Gonzalez said she did not know and stated she would handle the issue with the school.
If she chooses to press charges OCSD will hand over their findings to the Orange County District Attorney's Office.
Williams said his client is struggling with the aftermath of the alleged assault and is seeking help for mental health issues including post traumatic stress disorder, depression and anxiety.
He does not believe this is an isolated incident so he's urging any other possible victims to come forward.
