Latest News

What Parents Need to Know about Educator Sexual Abuse as a New School Year Begins

Published on: August 22, 2024 | By Cerri, Boskovich & Allard, LLP

As students head back to school, the San Jose law firm of Cerri, Boskovich & Allard is reminding parents about the dangers of sexual abuse by educators and urging parents and school officials to be aware of teachers who exhibit predatory “red flag” behavior, which almost always precedes the sexual abuse of a student.

Sexual predators signal their intent to sexually abuse a student by slowly crossing the boundaries established to protect students. The reality is that predators are not caught abusing children, but they can be caught breaking rules and crossing boundaries if parents and educators know what to look for.

According to Professor Charol Shakeshaft, an internationally recognized researcher, 4.5 million students or nearly 1 out of every ten kids are subjected to educator sexual misconduct. The sexual misconduct ranges from inappropriate conduct to criminal sexual behavior.

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Team USA Olympic Swimmers Compete in Safer Environment

Published on: August 1, 2024 | By Cerri, Boskovich & Allard, LLP

USA Swimming Olympians now compete in a much safer environment thanks to 15 years of increased awareness and efforts to prevent sexual abuse and a commitment to change a culture that valued medals over athlete safety.

Fifteen years ago, the arrest of swim coach Andy King for sexually abusing a 14-year-old girl he coached in San Jose marked a turning point. The survivor, represented by attorney Robert Allard of Cerri, Boskovich & Allard, catalyzed a movement that has significantly improved safety in USA Swimming.

“USA Swimming and Olympic sports would not be safer without the courage of Jane Doe coming forward in 2010 and publicly sharing her story with the national news media,” Allard says. ” This revelation prompted other athletes to speak out, leading to the imprisonment of top coaches and a comprehensive overhaul of USA Swimming.”

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Christopher High School Student Stabbing Under Investigation

Published on: May 23, 2024 | By Cerri, Boskovich & Allard, LLP

The law firm of Cerri, Boskovich & Allard is investigating the stabbing of a Christopher High School student in Gilroy. An arrest was made of a Christopher High School student for allegedly stabbing another student in the school’s locker room.

Gilroy Police responded to the incident around noon, discovering that a fight between two boys had escalated, resulting in one boy stabbing the other with a knife. The initial investigation confirmed the altercation between the two male students led to the stabbing.

School staff and a School Resource Officer on campus quickly intervened. The injured student was transported to a local hospital for treatment, though the extent of his injuries has not been disclosed.

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Jury Returns $9 Million Sexual Assault Verdict Against USTA

Published on: May 15, 2024 | By Cerri, Boskovich & Allard, LLP

The United States Tennis Association (USTA) has been ordered by a jury to pay $9 million in damages to tennis player Kylie McKenzie after a court determined that the organization failed to prevent her from being sexually assaulted by her coach.

Kylie McKenzie, a 25-year-old American tennis player, initiated her lawsuit in March 2022 in the US District Court in Orlando, Florida. She filed against both the USTA and USTA Player Development Incorporated, alleging that her former coach, Anibal Aranda, employed by the organization at the time, had committed sexual assault and battery against her.

Accusations also included the USTA’s gross negligence in employing and inadequately supervising Coach Aranda, despite his known history of sexual predation, which the lawsuit contended constituted a conscious disregard or indifference to McKenzie’s life, safety, or rights.

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Berryessa Union School District Pays $10M to Settle Teacher Sexual Abuse Lawsuits

Published on: May 8, 2024 | By Cerri, Boskovich & Allard, LLP

Berryessa Union School District has agreed to pay $10.3 million to a group of former Sierramont Middle School students who were groomed and sexually abused in the late 1990s and early 2000s by a teacher who in 2023 was convicted and sentenced to two decades in prison after the victims renewed their allegations against him.

The settlement with the Berryessa Union School District was announced Tuesday by the San Jose-based law firm Cerri, Boskovich & Allard, which secured the payout on behalf of three students. Two of them testified in the prosecution of Ronald Dean Gardner, who was sentenced in December to 22 years in prison after pleading guilty to sexually abusing a total of four students.

Gardner taught at the school more than two decades ago and was plagued by allegations of inappropriate conduct with students. He was allowed to resign after a police investigation at the time failed to yield any criminal charges against him. In 2021, students came forward again with abuse allegations after Assembly Bill 218, which was in effect from 2020 to 2022, granted a one-time extension of the statute of limitations.

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Lawsuit Accuses Leigh High School Teacher of Impregnating Young Student, Forcing Abortion

Published on: April 18, 2024 | By Cerri, Boskovich & Allard, LLP

The law firm of Cerri, Boskovich & Allard has filed a lawsuit against the Campbell Union High School District. The lawsuit alleges that Leigh High School teacher Shawn Thomas impregnated a student in 2003 and forced her to have an abortion. Thomas was arrested last month after the former student disclosed to police that he raped her while she was his student.

Click for a copy of the lawsuit

The lawsuit states that the victim, referred to as Jane Doe, was a freshman at Leigh High in the 2002-2003 school year. Thomas allegedly began grooming her for sexual advances and assaulting her multiple times on school grounds, including in his portable classroom and a storage room in the boys’ locker room. The lawsuit claims that Thomas’s wife Sarah, who was the Dean of Leigh High at the time, discovered the victim with Thomas in his classroom after they had been having sex.

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Wrongful Death Lawsuit Filed Against GreenWaste Recovery

Published on: April 14, 2024 | By Cerri, Boskovich & Allard, LLP

A wrongful death lawsuit has been filed in San Jose, California by truck accident attorney Mark Boskovich of the law firm of Cerri, Boskovich and Allard. The lawsuit alleges that a recycling truck owned by GreenWaste Recovery rolled through a stop sign and struck a pedestrian who was crossing his neighborhood street.

Tragic Incident Captured on Doorbell Camera

According to the complaint, the incident occurred on January 22, 2024 in San Jose. Mr. Silvino Eloy Garcia, a San Jose State University graduate, was on his morning walk near Bellarmine College Prep. High School when he began to cross the intersection at McKendrie and Elm Streets. The recycling truck owned by GreenWaste Recovery allegedly did not stop at the stop sign and struck Mr. Garcia from behind, running over his body. Mr. Garcia died of his injuries four days later.

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Emery Unified School District Sued Over Sexual Abuse

Published on: March 18, 2024 | By Cerri, Boskovich & Allard, LLP

The law firm of Cerri, Boskovich & Allard in San Jose announces a sexual abuse lawsuit against the Emery Unified School District over the alleged sexual abuse of a 16-year-old student by a school security guard.

The lawsuit, filed in Alameda County, highlights the failure of Emery High School employees to address the sexual misconduct of security guard Daniel Parham, despite knowledge of his inappropriate sexual behavior with other students. Parham is accused of isolating and assaulting the victim on multiple occasions during the 2023-2024 school year in various locations on school grounds.

This legal action is rooted in the duty of educational institutions to provide a safe environment for students and to prevent harm, especially when there are clear indications of misconduct by staff members that endanger students’ well-being.

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Lawsuit Filed Against Sharks Sports & Entertainment Over Alleged Sexual Abuse of San Jose Jr. Sharks Player

Published on: March 7, 2024 | By Cerri, Boskovich & Allard, LLP

The law firm of Cerri, Boskovich & Allard has filed a lawsuit alleging that a San Jose Jr. Sharks hockey player suffered sexual abuse as a result of the negligence of Sharks Sports & Entertainment, LLC (SSE) and its subsidiary, Sharks Ice, LLC.

According to the lawsuit, former San Jose Jr. Sharks hockey coach Kevin Whitmer allegedly began grooming John Doe in April 2021 and subsequently subjected him to multiple instances of sexual assault when he was 12 years old. The lawsuit contends that Whitmer would reportedly take the young victim alone into the locker room at Sharks Ice, the ice-skating facility serving as the official training venue for the NHL’s San Jose Sharks.

The Jr. Sharks are an affiliate of USA Hockey, the national governing body for the sport of tennis in the United States.

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San Francisco Unified School District Settles Two Sexual Abuse Lawsuits for $4.5 million

Published on: March 1, 2024 | By Cerri, Boskovich & Allard, LLP

Two sexual abuse lawsuits against the San Francisco Unified School District (SFUSD) have been settled. The lawsuits involved allegations of sexual abuse by former George Washington High School athletic director Lawrence Young-Yet Chan towards two students, identified as Jane Doe 1 and Jane Doe 2.

According to the lawsuit, the abuse reportedly occurred on the school campus during school hours, in locations like Chan’s office, a locker room, and a stairwell. “School districts have a duty to protect their students and are required to take all reasonable steps to ensure their safety,” attorney Lauren Cerri said.

The SFUSD board of trustees approved the settlement amount following agreements between the insurance carriers, the survivors, and the district. The settlement was reached to spare the survivors from having to retell their stories and to allow them to move forward and start rebuilding their lives.

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