Articles Posted in School Teacher Sexual Abuse

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.

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.

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.

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.

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.

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.”

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.

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

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-schoolThe 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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