Student sues former Seven Oaks teacher, division for sexual assault

A former student has filed a civil lawsuit against a former Winnipeg teacher and the Seven Oaks School Division, alleging she was sexually assaulted by the teacher as a teen.

The student, now 42, alleges she was seriously sexually assaulted as a teen in the late '80s and early '90s

A former student at Maples Collegiate has filed a civil lawsuit against a former teacher for sexual assault. (Bert Savard/CBC)

A Winnipeg woman has filed a civil lawsuit against a former teacher and the Seven Oaks School Division, alleging she was sexually assaulted by the teacher as a teen.

In a statement of claim filed to the Court of Queen's Bench on Dec. 13, 2017, the former student, now 42, accuses the male former teacher, now 65, of sexual assault over a period of four years, from 1989 through 1993.

Due to the seriousness of the accusations and because no criminal charges have been laid, CBC is not naming the woman or the former teacher.

As a teen, the woman was a student first at Ken Seaford Junior High School and then at Maples Collegiate. The statement of claim alleges the teacher engaged in sexual intercourse, oral sex, masturbation, kissing, fondling and "inappropriately touching the plaintiff."

As a result, the plaintiff says she suffers from post-traumatic stress disorder, depression, anxiety, panic attacks and other emotional and mental distress.

The woman's statement of claim says the teacher had a duty to "never favour the interests of himself over the interests of the plaintiff, refrain from engaging in sexual abuse of the plaintiff and refrain from assaulting and/or battering the plaintiff, including any act of a sexual nature."

She also says the division is "vicariously liable" for "failing to take reasonable steps" to stop the abuse and adequately monitor staff and students. 

She is seeking general, special, punitive and aggravated damages from both the division and the former teacher, along with lawyer fees.

Both the former student and her lawyer, Jamie Kagan, declined to comment.

The former teacher's lawyer, Tony Marques, declined to talk about the case. The former teacher also declined an interview. A statement of defence has not been filed.

Seven Oaks School Division superintendent Brian O'Leary said the division could not comment on a case before the courts. He confirmed the teacher was in the division's employ until 2011, but did not elaborate.