School Teacher Sexual Abuse

San Ramon Valley Unified School District and New Life Church of Alamo Agree to Settle Sexual Abuse Case for $1.548 Million

Published on: January 10, 2019 | By Cerri, Boskovich & Allard, LLP

The lawsuit was filed by the law firm of Cerri, Boskovich & Allard on behalf of a victim of Wrestling Coach and Youth Group Leader Kevin Lopez.

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.

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Sex Abuse Lawsuit Claims South San Francisco Unified School District Ordered Destruction of Incriminating Evidence

Published on: October 31, 2018 | By Cerri, Boskovich & Allard, LLP

Parent submitted photos of Westborough Middle School teacher Joseph Toy with his arms around a young boy. School principal ordered shredding of photos.

The South San Francisco Unified School District is being sued by the law firm of Cerri, Boskovich & Allard over sexual abuse allegedly committed by Westborough Middle School teacher Joseph Toy.

The lawsuit claims that, many years before Toy’s arrest, a parent caught Toy being inappropriate with a young student and photographed him with his arms around the student. The photos were turned over to Assistant Principal Barbara Bowler. Then-Principal Beth Orofina ordered Bowler to talk to Toy, shred the photos and not document the complaint.

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Palo Alto Unified School District Sexual Misconduct History

Published on: April 18, 2018 | By Cerri, Boskovich & Allard, LLP

From Sexual Abuse to Sexual Harassment

Throughout the years, the Palo Alto Unified School District has dealt with a number of sexual misconduct issues. It has also been the target of a formal letter of adverse findings by the U.S. Department of Education’s Civil Rights unit.

In 2013, an explosive report by the student journalists described an alleged “rape culture” at Palo Alto High School.

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Holding School Districts Accountable in Sex Abuse Cases

Published on: October 24, 2017 | By Cerri, Boskovich & Allard, LLP

Over the years, several school districts enacted “board policies” to bypass the law, which allows child sex abuse victims until the age of 26 to file a lawsuit. The law recognizes that children are sometimes in a better position to file a claim when they reach adulthood. However, many school districts are looking for loopholes to evade responsibility when they fail to protect children from sexual abuse.

Recognizing that school districts were trying to bypass the law, attorney Robert Allard enlisted the help of State Senator Jim Beall. As a result, the state’s Legislative Counsel reiterated that school districts must follow the law and may not adopt policies or procedures to deny child sexual abuse victims a right to justice. The Legislative Counsel is a nonpartisan public agency that drafts legislative proposals, prepares legal opinions, and provides other confidential legal services to the Legislature and others.

The legislative intent of the law, CCP § 340.1, provides that child sex abuse victims are exempt from the so-called government claims act. The act states that one must first give written notice within six months of the injury or discovery of the damage before filing an actual lawsuit in a California superior court, giving the governmental agency time to settle the claim. School districts were trying to use this law to override CCP § 340.1. But the Legislative Counsel is firm in stating that school districts “may not adopt a claim presentation procedure with respect to claims for damages suffered as a result of childhood sexual abuse.”

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Educator Sexual Abuse

Published on: October 13, 2017 | By Cerri, Boskovich & Allard, LLP

The Need for Mandatory Predator Identification Training

Educator sexual abuse is a problem that could be alleviated with prevention training. Currently, the law requires school employees to receive child abuse training within the first six weeks of each school year. Educators may satisfy their training requirements at www.mandatedreporterca.com. However, the training portal fails to address the prevention of educator child sexual abuse by neglecting to provide training to identify the grooming of children.

Although the law is a good first step, much more needs to be done to prevent the type of child sexual abuse seen in both the Morgan Hill Unified School District and the Evergreen Unified School District.

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Sexual Abuse Charges Filed Against Dartmouth Middle School Music Teacher Samuel Neipp

Published on: October 12, 2017 | By Cerri, Boskovich & Allard, LLP

San Jose Dartmouth Middle School teacher Samuel Neipp is facing numerous sexual abuse charges following his arrest. Allegations include using his position of authority to molest at least two students and of the blackmail of one of the students. He allegedly threatened to post nude photographs of the 13-year-old girl unless she kept the sexual abuse a secret.

Samuel Neipp allegedly molested the two girls over a number of years starting when they were both 13. One of the victims is now 16. The other victim is 20. She alleges that the abuse by Samuel Neipp lasted for about two years.

Educator Sexual Misconduct

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Charter School Sexual Abuse Lawsuit Settles for $1.2 Million

Published on: September 15, 2017 | 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. back-to-school The firm is announcing a $1.2 million settlement in a sexual abuse lawsuit filed against a San Jose charter school.

The case involved a high school teacher who sexually abused one of his students and a principal who was directly and expressly notified about the illegal relationship but did not notify the authorities as required by law, instead choosing to investigate himself.

The California mandatory reporting law mandates that an educator report to the authorities any time he or she entertains a reasonable suspicion of sexual abuse. That was not done here. Instead, it took a complaint from a concerned parent to trigger involvement by the police which promptly resulted in an arrest.

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Sexual Abuse Lawsuit Filed Against New Haven Unified School District

Published on: August 1, 2017 | By Cerri, Boskovich & Allard, LLP

New Haven Unified accused of ignoring numerous sexual abuse “red flags”

The New Haven Unified School District (Alameda County Superior Court, Case #17868000) is facing a third sexual abuse lawsuit resulting from the molestation of several elementary school children by former teacher Michael Howey. Howey entered a guilty plea to sex abuse charges, including the plaintiff in this lawsuit, and is now serving a lengthy prison term for his crimes.

Michael Howey, New Haven Unified School District

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Morgan Hill Unified School District Will Pay $8.25 Million to Child Molestation Victims

Published on: May 8, 2017 | By Cerri, Boskovich & Allard, LLP

As part of the $8.25 million settlement with three child sex abuse victims, the Morgan Hill Unified School District is also moving forward in implementing and supporting programs aimed at preventing the sexual abuse of students.

The law firm of Cerri, Boskovich & Allard announced that the Morgan Hill Unified School District agreed to pay $8.25 million to three then-elementary school students sexually abused by former teacher John Loyd. At the same time, complying with the wishes of the victims’ parents, the district is also moving forward to carry out child sexual abuse prevention programs.

The agreement was reached as jury selection was about to start in the sexual abuse lawsuit (case #115CV285795 – Santa Clara County Superior Court) against the school district. The three children were represented by attorneys Robert Allard, Lauren Cerri, Ken Turek, and Christopher Schumb.

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Megan’s Law Loopholes

Published on: January 30, 2017 | By Cerri, Boskovich & Allard, LLP

According to California’s Sex Offender Management Board, the number of sex offenders on the Megan’s Law website is nearly 17,000 less than than the number of registered sex offenders in the state. That’s because Megan’s Law exempts some registered sex offenders, including those convicted of sexual battery or a misdemeanor charge of annoying or molesting a child. The law also provides for exclusions of other sex offenses as long as they don’t involve “oral copulation or penetration.”

In the case of Robert Adams, he pleaded no contest to charges that he allegedly molested six girls. But by entering into a plea agreement, the felony charges were dropped in exchange for Adams pleading no contest to six counts of misdemeanor child molestation. Part of Adams’ plea agreement was that he register as a sex offender for life. Adams has reportedly registered with Folsom police as a sex offender. However, the information kept by the police is not available to the public.

When it comes to the state’s public database of sex offenders, Megan’s Law only requires registration of serious and violent sex offenders. The Megan’s Law website is intended to make the public aware of sex offenders by posting their pictures and home addresses online.

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