Three lawsuits filed against USA Swimming allege it enabled sexual predator-coaches to abuse young girls

Six victims identify former coaches Everett Uchiyama, Mitch Ivey and Andy King as their sexual abusers; King is a convicted child molester who is serving 40 years for his crimes.

The three lawsuits that were filed in early June 2020 are the latest volley against USA Swimming, which has come under fire for decades for condoning a culture that allowed young girls to be repeatedly abused by their coaches.

Civil lawsuit filed on victim’s behalf by Robert Allard of Cerri, Boskovich & Allard

When “W.S.” met Coach Normandie Burgos he was just seven years old, a young boy who was good at tennis and wanted to get better.

There’s no disputing that Burgos wanted W.S. to become a great tennis player – he repeatedly told W.S.’s parents that he was a “champion.” But as the years passed, W.S. grew up and Coach Burgos began to want more.

Over the past 20 years, the Center for Disease Control has researched the relationship between childhood trauma and illnesses developed later in life. Traumatic experiences such as abuse or neglect, witnessing violence at home, or family with mental illness or substance abuse all had lasting negative impacts. The CDC called these events, Adverse Childhood Experiences (ACEs). Their most recent study included 144,000 surveys, collected from respondents in 25 states from 2015-2017. These surveys included topics such as health problems, childhood experiences with divorce, abuse, domestic violence, drugs in the home, and mental illness. Crimes such as sexual abuse would also fall into the category of ACEs.

Traumatic childhood experiences could impact development and potentially lead to unhealthy behaviors.

ACEs negatively impact a child, but the CDC wanted to know how these events might have triggered illnesses and preventable conditions later in life. If ACEs never occurred, issues such as coronary heart disease, depression and suicide, weight issues, substance abuse, decreased education or work opportunities, poor maternal health, cancer, or sexually transmitted diseases might be potentially preventable. Researchers could not rule out other factors, such as financial stress. Still, Jim Mercy, who oversees the CDC violence protection program, says, “there’s a lot of evidence connecting these things…and it’s become clear that the more harmful incidents a child suffers, the more likely their health suffers later.”

For decades, powerful institutions have used legal loopholes to evade accountability by blocking sexual abuse victims from filing lawsuits for justice. But Assembly Bill 218 (AB 218) is now the law. It changes everything for thousands of victims who were previously sexually abused or assaulted by teachers, coaches, counselors, janitors, childcare workers, clergy, or bus drivers to name a few.

Effective Jan. 1, 2020, a three-year “look back window” will open for previously time barred claims and it will extend the civil statute of limitations to age 40, allowing victims to file a civil lawsuit against schools, sports organizations, youth groups, childcare centers, or any other institution that violated their trust.

The attorneys at Cerri, Boskovich & Allard are recognized as one of the best sexual abuse law firms in the country.  Call 408-289-1417 for a free and confidential consultation.

Record number of educators continue losing their teaching credential due to sex crime convictions, yet schools are not implementing proactive prevention training.

With the month of August signaling the start of another school year, the San Jose law firm of Cerri, Boskovich & Allard is 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,” said former San Jose police sergeant and sex crimes detective Mike Leininger. “The reality is that predators are not caught abusing children, but they can be caught breaking rules and crossing boundaries if educators and parents know what to look for.”

Lawsuit states that it took two complaints by Willow Glen Middle School parents for the school to finally act against teacher Clifford Pappadakis.

The San Jose Unified School District is facing a sexual abuse lawsuit filed on behalf of two former Willow Glen Middle School girls, victims of photographs taken by former Physical Education teacher and coach Clifford Pappadakis. The photos, taken unknowingly, showed the girls in compromising and/or sexual positions, with some zoomed in on the minors’ private areas.

Photographs found on Pappadakis’ District-issued laptop included many captioned images of minors in sexually suggestive poses. Pappadakis was criminally charged and convicted in 2018 for possessing child porn and taking sexually provocative photos of his students.

The January 2019 arrest of Stockton Swim Club Coach Shunichi Fujishima has exposed yet another youth athletic organization that ignored its duty to protect the children in its care.

Fujishima, 23, faces criminal charges that he had unlawful sexual intercourse with a 12-year-old girl he was coaching at the Stockton Swim Club. The club is now listed as “permanently closed” on the social media site Yelp.

Fujishima was also charged with committing lewd and lascivious acts upon a child and possession of child pornography. He remains incarcerated in the San Joaquin County jail on $1.8 million bond.

Another San Francisco Bay Area Track Coach is facing sexual abuse charges following his arrest. Chioke Robinson, San Francisco State Women’s Track and Field coach, was arrested by San Jose Police on several counts of child sexual abuse. Robinson coached at both Piedmont Hills and Los Gatos High Schools before coaching at San Francisco State.

Robinson is charged with the sexual abuse of four minors, ages 12, 15, 17 and 17. He was arrested by the San Jose Police Department’s Internet Crimes Against Children (ICAC) Task Force / Child Exploitation Detail (CED).

According to a San Jose Police Department press release, the investigation revealed that between the years 1999 and 2011, Robinson sexually assaulted the victims.

The sexual abuse legal team at Cerri, Boskovich & Allard is investigating claims that former Valley Christian High School coach allegedly committed sexual abuse crimes against two minors. Call our office if you are or a loved one have been a victim of San Jose coach Greg Marshall.

UPDATE

The San Jose Mercury News is reporting that “multiple former female athletes reached out to the San Jose Police Department’s Child Exploitation Detail.”

Lawsuit seeks a court order to force the District to implement proactive preventative measures to better protect students from being sexually abused by educators.

A ground breaking lawsuit filed by childhood sexual abuse lawyers Robert Allard and Lauren Cerri of the law firm of Cerri, Boskovich & Allard alleges that top Union School District officials ignored numerous “red flag” warning signs for almost a decade that then Dartmouth Middle School teacher Samuel Neipp was grooming and sexually abusing his students.

The lawsuit seeks a court order mandating that the District implement new policies that would result in either immediate suspension without pay or termination for all personnel who violate rules or regulations designed to protect children. For example, the lawsuit is asking that all employees communicate with students using only district issued email addresses and that personal communication via phone, text or social media be prohibited. The lawsuit is also requesting that the court mandate that the District educate and train all employees, students and teachers on the grooming behavior of child predators and remove door locks from all teacher’s offices, which are located inside their classrooms.

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