Virtual Press Conference Today – Live Stream at 11:00 a.m. CST
Unprecedented Minnesota Ruling Holds Schools Accountable for Abuse & Cover-Up
“Schools have been using legal loopholes for decades – this decision brings light and visibility to the perils and to the students harmed in Minnesota.” – Jeff Anderson
(Minneapolis, MN) – Today, a Minnesota court ruled that Minneapolis school Harvest Best Academy can be held legally accountable for the abuse of a student perpetrated by former physical education teacher and coach Aaron Hjermstad. This decision impacts future school-abuse cases. It gives victims of abuse an opportunity to hold not only the abuser accountable, but the school or institution who employed the abuser. Minnesota is safer for children now that victims of sex abuse by teachers and coaches in schools can hold the school that employed the abuser accountable.
“A predator can only prevail when those around them are complicit in their crimes.” – Jeff Anderson
Hjermstad is currently serving a 12-year sentence for his sexual abuse of four boys. Before sentencing, Hjermstad fled Minnesota and was arrested in Idaho with several electronic items and thousands of videos of Hjermstad assaulting children. Stemming from the videos, Hjermstad has been indicted on 12 additional counts of criminal sexual conduct of 12 additional victims.
Prior to being hired at Harvest Best Academy in 2016, Hjermstad had a history of known inappropriate conduct and an allegation of sexual abuse of a minor. From 2000 to 2015, Hjermstad worked at Excell Academy as Athletic Director and physical education teacher. He served as a board member for the school for 11 years and as board chair for 3 years. During this time, Hjermstad was also a long-time volunteer at Hospitality House Youth Development where he coached basketball and baseball.
In 2013 or 2014, the mother of an Excell student reported to Excell’s founder and executive director Sabrina Williams that after a school activity Hjermstad took her child to Hjermstad’s home without parental consent. Williams defended Hjermstad as a great teacher. Additionally, at some point Williams found it necessary to tell Hjermstad that he could not have students sleep over at his house.
Then, in May of 2015, a 12-year-old student at Excell reported to Excell leadership that Hjermstad had sexually abused him, which resulted in a criminal investigation. Excell put Hjermstad on administrative leave and did not renew his contract for employment. And Hospitality House suspended Hjermstad from his volunteer duties. But in August, law enforcement determined not to prosecute Hjermstad. Hospitality House later reinstated Hjermstad as a volunteer coach with some restrictions on his activities.
Despite Hjermstad’s background of known inappropriate behavior with children and an allegation of sexual assault, the following year, in July 2016, Mastery School Principal Paula Bump hired Hjermstad as a physical education teacher. Hjermstad also became the volunteer coach of the boys’ basketball team.
“Hjermstad never should have had an opportunity to abuse Minor Doe 601 because he never should’ve been hired by Harvest Best Academy,” said attorney Molly Burke. “While we cannot erase the past abuse or trauma inflicted on so many, today’s ruling means Minnesota’s schools are safer for kids. This is a step in the right direction.”
Eric Mahmoud founded and oversaw both Mastery School and Best Academy. Mahmoud was involved in hiring, promoting, and supervising school leadership. He also had the final say on hiring decisions.
When hiring Hjermstad, the hiring process was not followed with fidelity. No one completed most of the items on the school’s hiring checklist. Bump received Hjermstad’s resume, interviewed him, and decided to hire him. Hjermstad did not provide a completed job application; he did not answer two questions: (1) the reason for leaving former employment and (2) whether the former employer can be contacted. The incomplete application was not reviewed. References were not contacted. No required letters of recommendation were reviewed.
Harvest Best Academy had no student safety policy nor a non-fraternization policy in place. There was no policy regarding children sleeping over at a coach’s home. School policy did not address any kind of prohibited, inappropriate, grooming, boundary violations, or sexually inappropriate behaviors of employees towards students. The school was aware that Hjermstad had students sleep over at his home.
In approximately 2017 to 2018, Hjermstad sexually assaulted Doe 601 when Doe 601 stayed overnight at Hjermstad’s house after playing basketball with the basketball team.
In March of 2020, a parent of a Mastery student reported to Mastery school administrators that her son was sexually abused by Hjermstad just days prior when staying overnight at Hjermstad’s house. The child played basketball in the schools’ basketball program. An administrator in the meeting, not trained in child forensic interviews, asked the child to “write a statement.” She also called Mahmoud and informed him of the report of sexual abuse before making her mandatory report to law enforcement. Hjermstad was put on administrative leave, and his employment was terminated shortly thereafter.
In June of 2020, Hjermstad was charged with criminal sexual conduct of a minor, and press covered the news. Doe 601 then bravely disclosed to his mother that Hjermstad had sexually abused him. Doe 601’s subsequent report to law enforcement led to additional criminal charges against Hjermstad. Also in June of 2020, Doe 601 filed his civil case against Mastery School, Best Academy, and Hjermstad.
In November of 2021, Hjermstad was convicted of criminal sexual conduct for his crimes against four children. The victims include the Excell student who reported in 2015, the Mastery student who reported in March 2020, Doe 601, and another child who reported in July 2020. All victims were under the age of 13 at the time of the sexual assaults.
In April of 2022, the district court determined that Doe 601’s claims against Harvest Best Academy could not proceed because the school could not be held legally responsible for its conduct. The district court agreed with the school’s argument that the school was immune from legal liability, and thus, faced no accountability.
Doe 601 appealed, arguing that schools should be legally accountable for their negligent conduct that results in the sexual abuse of students. But in April 2023, the Minnesota Court of Appeals affirmed the district court’s reasoning and upheld the decision that the school faced no legal recourse. Doe 601 then appealed to the Minnesota Supreme Court, which issued its decision today reversing the district court and ruling that harvest Best Academy can be held legally responsible for its negligent conduct that results in the sexual abuse of children.
“This win for Doe 601 is a win for all kids across the state of Minnesota,” said attorney Molly Burke. “Our kids will now be safer in their schools.”
PRESS EVENT DETAILS:
When: Wednesday, February 26th | 11:00 a.m. CST
WHERE: Live-streamed on our YouTube channel.