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New lawsuit filed over former Davis High School teacher’s sex acts with students

Courts • Complaint is second in federal court over alleged sex between boys, Altice.

| Courtesy Photo Brianne Altice

A second victim of an imprisoned former Davis High School English teacher has filed a federal lawsuit against her, the school and officials over her sexual contact with underage students.

The lawsuit alleges school officials should have known that Brianne Altice had improper relationships with minors prior to Davis High School hiring her as a teacher and seeks unspecified monetary damages. School officials also failed to act when they and teachers knew or suspected Altice was acting inappropriately with male students, according to the complaint filed Monday in U.S. District Court in Salt Lake City.

Altice, 36, pleaded guilty to three counts of second-degree felony forcible sexual abuse in state court in July, admitting she touched the genitals of three boys in 2013. She was sentenced to at least two years and up to 30 years in prison.

Each of the three students testified that they had sex with the teacher.

One of the boys and his parents filed a federal lawsuit earlier this month, alleging she had sex with the boys in parking lots, parks and her home and that the relationships were known to students, staff and administrators.

The second lawsuit makes most of the same allegations but also says school officials "knew or should have known of Ms. Altice's improper relationships with minor children prior to her being offered a teaching position at Davis High School." It provides no details but also says that school and district administrators failed to step up and put a halt to Altice's behavior.

As a result of the alleged failures to prevent or stop the abuse, the lawsuit says the student suffered mental and emotional injuries.

The Utah Attorney General's Office, which has been defending the school district against lawsuits, declined to comment.

Two of the three victims had filed personal injury lawsuits in state court but those were dismissed after attorneys argued the school and officials were immune under state law.

The students names have appeared in court documents, but The Tribune does not normally identify victims of sexual abuse.

tharvey@sltrib.com

Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.

Leah Hogsten | The Salt Lake Tribune Brianne Altice, 35, was taken into custody and ordered to stand trial in 2nd District Court after Judge John R. Morris refused to set bail, Thursday, January 15, 2015. Altice, is facing a total of 14 felony charges for allegedly having sexual relationships with three male students: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy, three counts of second-degree felony forcible sexual abuse, along with three counts of unlawful sexual activity with a minor and one count of dealing harmful material to a minor, all third-degree felonies.

Leah Hogsten | The Salt Lake Tribune Brianne Altice heads into the courtroom for a preliminary hearing in Judge John R. Morris' 2nd District Court, Thursday January 15, 2015. Altice, was taken into custody and is headed to trial with 10 felony counts for alleged sexual relationships with three teens: five counts of first-degree felony rape, two counts of first-degree felony forcible sodomy and three counts of second-degree felony forcible sexual abuse in connection with allegedly having sex with the three male students.

Leah Hogsten | The Salt Lake Tribune Brianne Altice reacts as victim #1's mother tells her, "I've been looking for a glimpse of remorse, but all I see is disbelief at what is happening to her," at Altice's sentencing hearing before Judge Thomas L. Kay. Brianne Altice was sentenced to up to 30 years, Thursday, July 9, 2015 in Judge Thomas L. Kay's Second District Courtroom. Altice, a former Davis High school teacher had sexual relationships with three of her students.