Kristin Smart's family files lawsuit against Cal Poly San Luis Obispo

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SAN LUIS OBISPO, Calif. -- The household of a California assemblage pupil who vanished astir 3 decades agone sued the schoolhouse connected Thursday, alleging it caused Kristin Smart's execution done negligence.

Smart, past 19, disappeared from California Polytechnic State University successful San Luis Obispo connected the state's scenic Central Coast implicit Memorial Day play successful 1996. Her remains person ne'er been found, but she was declared legally dormant successful 2002.

Paul Flores was arrested successful 2021, convicted of first-degree execution successful 2022 and sentenced past twelvemonth to 25 years to beingness successful authorities prison.

RELATED: Inmate pleads not blameworthy to onslaught connected Kristin Smart's slayer astatine Coalinga prison

Prosecutors accidental Flores killed Smart during an attempted rape connected May 25, 1996, successful his dorm country astatine the university, wherever they were some first-year students. He was the past idiosyncratic seen with Smart arsenic helium walked location with her from an off-campus party.

On Thursday, Smart's parents, member and sister sued the assemblage for wrongful decease and negligence, alleging that officials could person prevented her decease if they had decently dealt with assemblage constabulary reports filed by 4 different pistillate students. Those students said Flores had stalked and harassed them successful the months starring up to Smart's disappearance.

In 1 case, Flores allegedly tried to interruption into a student's apartment, according to the lawsuit.

The reports should person prompted the assemblage to investigate, and suspend oregon expel Flores, removing him from on-campus lodging and sending him backmost location "miles distant from Kristin and the dorm country wherever helium murdered her," the suit said.

"Had the assemblage acted properly, conducted a thorough probe into Flores' past concerning behavior, and implemented due disciplinary measures, Kristin would apt inactive beryllium live today. Instead, our household has been near to grieve her lack for 27 agonizing years," a household connection said.

The suit besides contends that the assemblage failed to prosecute a due and timely probe into Smart's disappearance, including failing to seal Flores' dorm country and allowing it to beryllium cleaned earlier it was yet searched 16 days aft Smart vanished.

In an email, Cal Poly spokesperson Matt Lazier said the assemblage had nary remark due to the fact that "this is simply a pending ineligible matter."

However, past May, assemblage President Jeffrey Armstrong publically apologized to the household for however it handled the probe into her disappearance.

"While it is simply a antithetic medication present than was successful spot successful 1996, we admit that things should had been done otherwise - and I personally privation that they had," helium said.

The household lone realized Cal Poly's alleged negligence aft that apology due to the fact that relatives didn't person immoderate entree to the university's investigative file, according to the lawsuit.

"Even now, the Smart household inactive does not cognize what information, successful the possession of Cal Poly's president, and uniquely disposable to him and oregon Cal Poly, led him to marque the apology," the suit said.

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