A California mother has filed suit contending her 14-year-old daughter was sexually assaulted repeatedly by a woman counselor in the Orem-based Aspen Achievement Academy.
The academy, which charges clients $15,000 and promises to turn around wayward lives in 56 days, fired the counselor following the accusation.One of the assaults came on the night of the girl's October graduation from the program and was witnessed by the mother, claims the family's attorney, who filed a $2.3 million lawsuit Wednesday in 3rd District Court.
Aspen administrator Doug Nelson refused to discuss the allegations.
"The kids sent to these programs have all kinds of problems going in. What could something like this do to a child that already has problems?" attorney Charles Thronson asked.
The academy was negligent in not supervising the counselor more closely and should have known better than to hire her in the first place, the attorney says.
Therapists in Utah cannot have a criminal record. Before any therapist is hired, a background check is mandatory.
In Wayne County, where Aspen Achievement operates, Sheriff Leon Brinkerhoff routinely performs the background check on the academy's prospective employees.
"I normally run all the backgrounds. Aspen insists on it," the sheriff said. "But I've never received any information on this woman and she wasn't checked by me."
The sheriff first heard of the allegations in a November letter from Aspen stating the matter was being handled by state social-service officials and there would be no criminal investigation.
There is some question if the girl was 13 years old at the time of the alleged assaults, or 14, which in Utah is the age of consent, said Ken Stettler, licensing specialist with the Utah Department of Human Services.
Aspen acted properly in firing the counselor and the program will not be affected by the allegations.