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.
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.
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 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.
Olympian Ariana Kukors Smith, in a lawsuit filed in California, alleges that her swim coach sexually abused her as a minor, and that the sport’s governing body covered up the abuse. Attorney Robert Allard, representing Kukors Smith, is suing USA Swimming for the abuse she alleges she suffered by her swim coach, Sean Hutchison. Mr. Allard was joined at the press conference to announce the lawsuit by legal team members attorney Ray Mendoza and sex crimes investigator Michael Leininger.
The lawsuit claims USA Swimming manipulated background check procedures as a method of covering up Hutchison’s actions and mishandled the investigation into the allegations against the swim coach.
Kukors Smith is a 2012 Olympian. Mr. Allard stated in a press conference that the goal of the lawsuit was to force USA Swimming to “accept responsibility for allowing, and in fact, enabling a known predator coach to molest for almost a decade sexually, my client Ariana Smith…”
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 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
Sex Abuse Lawsuit Filed against San Ramon Unified School District Due to Molestation by Wrestling Coach
District officials allegedly failed to detect predatory grooming behavior for over ten years, giving coach the opportunity to molest.
The San Jose, California law firm of Cerri, Boskovich & Allard has filed a childhood sexual abuse lawsuit against the San Ramon Unified School District, New Life Church of Alamo and convicted predator and former California High School wrestling coach Kevin Lopez.
Audrie Pott was just 15 years old when she was sexually assaulted. She was then photographed and humiliated at school by her assailants. Audrie Pott took her life eight days later. After waiting seven months for law enforcement to charge the assailants, the parents of Audrie Pott turned to attorney Robert Allard. Mr. Allard filed a civil lawsuit against the assailants and their families.
The civil lawsuit and the publicity surrounding Audrie’s sexual assault and suicide led to two significant changes in the law and a public apology from the assailants. The San Jose Mercury News reported that the civil case did a “service to the broader public” by “reminding us of the courts’ ability to bring clarity to societal issues-and the value of individuals who take grievances public in ways that help shift the course of history toward a truer justice.”
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