Latest News

Former O.B. Whaley principal convicted of failing to report child abuse

Published on: November 5, 2012 | By Cerri, Boskovich & Allard, LLP

A Santa Clara County Superior Court jury convicted former O.B. Whaley Elementary School principal Lyn Vijayendran of failing to report suspected child abuse in the case involving former teacher Craig Chandler. The San Jose Mercury News reports that Vijayendran faced up to six months in jail if convicted. Vijayendran agreed to be sentenced immediately and Judge Deborah Ryan reportedly sentenced her to six months court probation, $602 in court fines, and 100 hours of community service.

Attorney Robert Allard represents one of Craig Chandler’s alleged sex abuse victims.

“This was a much deeper problem that involved much more than just one person making a horrible mistake,” Allard stated during the trial. “This was a systemic failure. In addition to the principal, at least one other teacher at O.B. Whaley as well as the District’s superintendent and human resources director knew all about what Chandler was doing and yet, shockingly, he continued to sexually molest children under the auspices that he was teaching them about Helen Keller. Seemingly both the school and the district turned a blind eye to obvious acts of insidious childhood sexual abuse. When you combine this with the fact that there was a complete absence of any training or education on sex abuse issues, I have grave doubts about whether our children are safe from sex abuse in public schools. Parents everywhere should heed this warning.”

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Rick Curl Charged with Sex Abuse of Former Swimmer

Published on: October 26, 2012 | By Cerri, Boskovich & Allard, LLP

Update: May 23, 2013

Rick Curl was sentenced to 7 years in prison for the sexual abuse of Kelley Davies Currin more than 30 years ago. Montgomery County Circuit Court Judge Marielsa Bernard imposed a 15-year sentence, with all but seven years suspended. The Judge thought it was important to send a message that criminals will be held accountable no matter when they’re caught. More on the sentencing as reported by the Washington Post.

Update: February 21, 2013

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Michael Phelps’ NBAC Removes Coach Accused of Sexual Abuse

Published on: October 8, 2012 | By Cerri, Boskovich & Allard, LLP

A former student of a high-level coach with ties to the North Baltimore Aquatic Club recently came forward with sexual abuse allegations against that coach. These allegations resulted in the coach’s resignation, the club taking unprecedented action, and USA Swimming seemingly taking steps to protect the coach.

Here is Tim Joyce’s original story, removed twice by WBAL in Baltimore. The news director offered an explanation for the first removal but not for the permanent removal.

Swimming Coach Accused Of Molestation At North Baltimore Aquatic Club

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KTVU Reports Lawsuit Alleges Group Home Didn’t Protect Girls from Sexual Abuse

Published on: September 24, 2012 | By Cerri, Boskovich & Allard, LLP

KTVU Channel 2 News is reporting that a civil lawsuit was filed against a Santa Clara County group home this month after it was warned about the behavior of one of its staff members, but did nothing to prevent him from allegedly sexually abusing students.

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.

Rick Curl Banned from USA Swimming

Published on: September 19, 2012 | By Cerri, Boskovich & Allard, LLP

Former Olympic Coach Rick Curl has been banned permanently from USA Swimming, apparently giving up his fight on the day of his National Board of Review hearing. Curl is now listed with some 60+ coaches on the USA Swimming list of banned coaches and individuals.

Kelley Davies Currin came forward publicly earlier this year with a signed settlement agreement with Curl’s signature in which Curl agreed to pay her $150,000 in return for not going to law enforcement for allegedly molesting her starting when she was 13 years old in 1983.

Attorney Robert Allard who represents the victim has said from the onset that USA Swimming has known about Curl for years. Curl was referenced in the Jane Doe amended lawsuit filed in March of 2010. Despite USA Swimming having knowledge of Curl’s rumored past, Curl attended this years U.S. Olympic trials in Omaha on a coaching credential.

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Mark Schubert Lawsuit Update

Published on: September 19, 2012 | By Cerri, Boskovich & Allard, LLP

A wrongful termination lawsuit against former US Olympic coach Mark Schubert claims he repeatedly ignored and dismissed complaints of inappropriate behavior toward young female swimmers by a longtime Orange County swim coach. Schubert heads the Golden West Swim Club in Orange County. More from these news organizations:

Former U.S. national swim coach Schubert faces lawsuit

A swimming coach and philanthropist claims she was wrongfully fired by former U.S. national coach Mark Schubert after she became aware of abuse allegations within his Southern California club.

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Sex Abuse by O.B. Whaley Teacher Craig Chandler Dates Back to 2010

Published on: August 31, 2012 | By Cerri, Boskovich & Allard, LLP

According to a claim filed by attorney Robert Allard, the San Jose Mercury News reports, former O.B. Whaley teacher Craig Chandler allegedly molested kids dating back to the beginning of the 2010 school year.

Allard filed a claim with the Evergreen Elementary School District seeking compensation for the family of a ten-year-old child allegedly molested by Craig Chandler. Chandler has been charged with five counts of lewd and lascivious acts on a child under the age of 14 at O.B. Whaley Elementary school. Former-Principal Lyn Vijayendran is charged with failing to report a suspicion of child abuse, even though she was a mandated reporter.

The Mercury News cites a police report stating that the parent of another alleged victim complained to Vijayendran last fall about Chandler blindfolding her child alone in his classroom and putting things in her mouth. Allard says that the ten-year-old victim he represents claims that Craig Chandler also made her engage in the same type of game, called “Helen Keller,” in which the victim was blindfolded so that Chandler could sexually abuse the child.

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KTVU News: O.B. Whaley School named in Molestation Claim

Published on: August 28, 2012 | By Cerri, Boskovich & Allard, LLP

KTVU Channel Two is reporting on the child molestation claim filed against Evergreen Elementary School District over its handling of the molestation of students by O.B. Whaley Elementary School teacher Craig Chandler and the failure of the principal to report suspected sexual abuse.

KTVU reports the principal has been reassigned to the district offices while attorney Robert Allard revealed that Chandler had yard supervisors and others bring children into his classroom during recess or the lunch hour for the purpose of molesting the kids.

USA Swimming Continues to Face Coaching Sexual Abuse Scrutiny

Published on: August 21, 2012 | By Cerri, Boskovich & Allard, LLP

While former Curl-Burke coaches Todd Rucker and Rick Curl await a decision from USA Swimming that would permanently ban them from coaching for their alleged sexual abuse of athletes, more USA Swimming coaches continue to violate their position of authority and allegedly molest young swimmers. Swim blogger Braden Keith reports that Stephen Steele from Florida has been added to USA Swimming’s Banned for Life list, with the suspension effective just over a month ago and his 30-day appeal period having expired. Steele reportedly recently competed in the Florida Sunshine Games for the St. Cloud Aquatic Team.

Journalist Irvin Muchnick reports on more coaches charged with illegal sex abuse. In a lengthy story, which has since been removed, Muchnick questions whether USA Swimming is doing enough to prevent the sexual abuse of female athletes.

Journalist Tim Joyce questions whether the USA Swimming scandal is worse than Penn State.

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Swim Coach Rick Curl Faces Permanent Ban

Published on: July 25, 2012 | By Cerri, Boskovich & Allard, LLP

The Washington Post is reporting today that swim coach Rick Curl of the Curl-Burke Swim Club faces a permanent ban following allegations that Curl molested a 13-year-old girl beginning in 1983. The former swimmer produced a settlement agreement, signed by Curl, in which Curl agreed to pay her $150,000 for remaining silent about being molested. The Washington Post reports that USA Swimming has called for an emergency hearing before its National Board of Review to consider banning Curl for life.

Attorney Robert Allard of Cerri, Boskovich & Allard, who represents the victim, says that USA Swimming has known about Curl for years. Curl was referenced in the Jane Doe amended lawsuit filed in March of 2010. Despite USA Swimming having knowledge of Curl’s rumored past, Curl attended last month’s U.S. Olympic trials in Omaha on a coaching credential.

Noah Rucker, a 39-year-old coach affiliated with the Curl-Burke Swim Club, was arrested last month on three counts of illegal sexual contact with a swimmer he had coached more than a decade earlier at Madison High School in Vienna, Virginia.

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