The law firm of Cerri, Boskovich & Allard sued the YMCA of the Silicon Valley in 2014. The case settled favorably for the victims.

The settlement was a significant step forward in holding the YMCA accountable for the sexual abuse that had occurred within its programs and facilities. The settlement also highlighted the importance of continued vigilance and commitment to preventing sexual abuse and ensuring the safety of vulnerable populations.

It’s important to note, however, that not all YMCA locations or staff members have been involved in incidents of sexual abuse. The YMCA has policies and procedures in place to prevent and respond to allegations of abuse, and many local YMCAs take additional steps to ensure the safety of the children and adults they serve.

What policies does the YMCA have in place to prevent sexual abuse?

The YMCA has a number of policies and procedures in place to prevent sexual abuse and ensure the safety of children and adults in their programs and facilities. However sometimes those policies are not followed, leading to the sexual abuse of minors.

If you belong to or participate in a YMCA program, keep vigilant for the following:

1. The YMCA has a code of conduct that outlines appropriate behavior for staff and volunteers when working with children. The code of conduct prohibits any form of abuse, harassment, or inappropriate behavior.
2. Supervision: The YMCA requires that staff and volunteers are never alone with a child and that there is always at least two adults present in any interaction with children.

The YMCA is one of the largest non-profit organizations in the world, with more than 10,000 locations in 120 countries. It continues to offer a wide range of programs and services designed to promote healthy living, youth development, and social responsibility. But when the organization fails minors, we are here to hold it accountable.

The law firm of Cerri, Boskovich & Allard is announcing a $1.548 million settlement resulting from sexual abuse committed by convicted wrestling coach and youth group leader Kevin Lopez. Attorney Lauren Cerri represented the victim in his lawsuit against both the San Ramon Valley Unified School District and New Life Church of Alamo.

The lawsuit alleged that one year before Lopez was arrested, the administration at California High School in the San Ramon Valley Unified School District violated mandatory reporting laws by failing to report suspected sexual abuse and by conducting its own investigation after receiving two complaints about Lopez’s sexual improprieties. The District agreed to settle the case against it for $699,000.

In the case against New Life Church of Alamo, “evidence revealed that the Church received numerous complaints about Lopez’s red flag grooming behavior and not only ignored the warning signs but also allowed Lopez to chaperone kids to camps and mission trips in California and Mexico,” said Cerri. “Lopez was seen cuddling in bed and ‘spooning’ with our client in Mexico and the Church did not report the incident. It took no action whatsoever to stop the easily preventable sexual abuse that occurred after that trip. “

The Church’s insurance company agreed to pay $849,000 to settle the case, $549,000 more than the $300,000 sexual abuse insurance coverage that its insurance policy provided. The Church also reevaluated and strengthened its child protection policies as a result of the abuse.

“Insurance companies continue to pay for the sexual abuse caused by the negligence of school districts, churches and other institutions that are failing to protect our children,” stated Cerri. “We hope to start seeing school districts and churches taking steps to develop and implement child sexual abuse prevention training rather than relying on insurance companies to pay for the tragic results,” added Cerri.

Lopez, former California High School Head Wrestling Coach and New Life Church Youth Group Leader, pleaded guilty in 2015 to eight felonies for lewd acts on boys and is serving a prison sentence of 10 years and eight months.

The San Jose law firm of Cerri, Boskovich & Allard has represented numerous child sexual abuse victims in the Bay Area and around the country. The firm has a dedicated team of attorneys and experts working full-time for the best interests of victims. As a result, the firm routinely recovers the maximum compensation possible for their clients while at the same time forcing companies and organizations to change their policies by developing rules and guidelines which serve to protect children from sexual abuse.

In representing a young sexual abuse victim, our lawsuit alleges that the named entities failed to properly supervise convicted child molester Ronald Guinto. As a result, a then ten-year-old Boy Scout was sexually abused.

The lawsuit claims that in March of 2008, Ronald Guinto contacted the SVMBC and asked if he could volunteer with a Boy Scout pack near his San Jose home. Despite no history with the Boy Scouts nor any wilderness training experience, Guinto was able to obtain a volunteer position with a group of 9 to 11-year-old boys. Within a few months, Guinto achieved a leadership position as Webelos Den Leader for Pack 220. That position gave him the ability to plan and carry out overnight campouts and outdoor activities.

A few months later, in the summer of 2008, the plaintiff’s mother enrolled her then 9-year old son in Pack 220. Guinto immediately began grooming the child by providing special attention and mentorship including helping him with homework and paying for his Boy Scout accessories.

About eight months after his hiring, Guinto arranged an overnight weekend camping trip for Pack 220 at Camp Chesebrough Scout Reservation in the Santa Cruz Mountains. Again, in violation of BSA policies, Guinto obtained “parent proxies” for the victim, and another young child referred to in the lawsuit as John Doe. On that trip, Guinto shared a tent alone with both children and was observed by another Boy Scout getting into the tent with the children. Despite this knowledge, no one did anything to prevent him from sharing the tent with two young boys.

Preventable crimes

The lawsuit claims that following the camping trip, a Boy Scout parent made a formal written complaint with two SVMBC members concerning Guinto’s inappropriate behavior. However, no reprimand was issued to Guinto for his misconduct. Instead, Guinto was provided with additional access to children through other supervisory and leadership roles. Guinto, afforded the opportunity to be around children, took advantage of his position and once again molested the plaintiff after driving him from a BSA meeting to his home.

“In this case, one of the more reputable and trusted youth organization in the world stunningly allowed a pedophile to easily slip into its ranks and give him unsupervised access to children,” said attorney Robert Allard. “Despite the absence of any qualifications whatsoever and clear red flags which arose immediately after his hire, no action was taken to prevent a predator from grooming and ultimately molesting an innocent child. Boy Scout leaders who were entrusted with the care of children were asleep at the wheel. Had the Boy Scouts simply used common sense, a lifetime worth of damage could have been prevented,” added Allard.

Earlier this year in Contra Costa County, Guinto received sentences totaling 931 years in prison after being found guilty of molesting 15 boys from both the Making Waves Academy in Richmond and a youth program he founded called Camp Epic. All of these molestations occurred well after complaints were made to Boy Scout leaders concerning Guinto’s misconduct around children. As mandated reporters, the Boy Scouts were legally obligated to report all instances of suspected childhood sexual abuse and yet there is no evidence that any communication was ever made to the police or Child Protective Services.

If you have information about Guinto’s activities with the Boy Scouts and Pack 220, please contact our office by calling 408-289-1417.

Nicolas Lhermine is ordered to stand trial on sex abuse charges following a preliminary hearing in which the victims testified in this childcare worker sex abuse case. Nicolas Lhermine faces six felony charges, the most being severe oral copulation or penetration of a child under 10, which may result in a sentence of 15 years to life in prison.

The families of the victims issued the following statement: “As you can imagine, we are going through a very difficult time right now. Of course, our first priority is for the welfare of not only our children but all children in this community. Our first objective is to cooperate fully with prosecutor Stuart Scott and the Santa Clara County District Attorneys Office to ensure that this individual never again harms another child. Once we have accomplished that goal, we will begin the process of holding the YMCA civilly responsible for illegally allowing an unlicensed teacher’s aide to be alone with children. If one of the largest daycare companies in the nation cannot perform the bare minimum by simply following the law, we have a long way to go to ensure that our children are protected from pedophiles. By holding the YMCA accountable for its actions, we hope to effect positive change in the daycare industry.”

The criminal trial is expected to start in May of 2015.

Reports are surfacing that accused child molester, Nick Lhermine of the Morgan Hill YMCA, may have sexually abused numerous children at the Paradise Valley Elementary School daycare facility. The YMCA of Silicon Valley is responsible for the administration of 12 Association Centers in the area. This includes the Mt. Madonna YMCA,which operates the YMCA – Paradise Valley summer child care day camp on the premises of Paradise Valley Elementary School in Morgan Hill. Furthermore, the lawsuit claims that Lhermine was hired as an aide in February of 2011.

Citing court documents and interviews with law enforcement, reports from the news media indicate that at least four children have come forward indicating they were victims of Lhermine’s sex abuse at the Morgan Hill YMCA’s childcare facility located at Paradise Valley Elementary School. As a result, Nicolas Lhermine is accused of molesting children as young as 5 and 7 years old.

Similarities to CDI Trace Elementary School Molestations

According to child molestation victims’ rights attorney Robert Allard, this case resembles that of CDI Trace Elementary School. Mr. Allard represented the families of numerous children who were abused by convicted child molester Keith Woodhouse. According to Allard, Woodhouse confessed to molesting numerous children at the day care facility. As a result, his lawsuit against CDI alleged that the children should never have been molested if Woodhouse had been properly supervised according to the law intended to protect children. Furthermore, for parents who find themselves facing alleged molesters like Nicolas Lhermine at the Morgan Hill YMCA – Paradise Valley Elementary School, Mr. Allard has this advice:

Beware of Statutes of Limitations

Statutes of limitations often prohibit people who experienced childhood sex abuse from obtaining civil justice. Mr. Allard urges the parents of child molestation victims to come forward. The law firm of Cerri, Boskovich & Allard can help victims of the Morgan Hill YMCA – Paradise Valley Elementary School molestations. Thus, when you are ready to move forward, we stand ready to help. Call our San Jose office at 408-289-1417. Finally, you can contact us online to schedule your free confidential consultation.

Update:

September 19, 2013 — New sexual assault charges filed against 20-year-old Morgan Hill resident Nicolas Lhermine added two more children – including a 3-year-old girl – to the YMCA employee’s list of victims, authorities said.

May 28, 2014 — Sexual abuse lawsuit filed against the YMCA of Silicon Valley.

San Jose childhood molestation attorney Robert Allard alleges in the lawsuit filed against Eastfield Ming Quong (EMQ) Children and Family Services that the sexual molestation of a 12-year-old girl was preventable and that the facility retaliated against the victim for reporting the sexual abuse.

More details on the story can be found at KTVU.