The Mercury News

Lawsuit claims boy molested preschool girl

Alleged incident in 2016 at day care center at high school

- By John Woolfolk jwoolfolk@bayareanew­sgroup.com

A preadolesc­ent boy sexually molested a preschool-aged girl at a San Jose day care center located at Santa Teresa High School, according to a lawsuit filed on behalf of the girl and her parents.

The lawsuit seeks $17 million in damages for alleged sexual battery, gender violence, battery, assault, false imprisonme­nt, negligence and emotional distress.

The alleged incident occurred Aug. 12, 2016, at the Santa Teresa Children’s Center at the school on Snell Avenue, the lawsuit said. Children’s center staff allowed the boy, who was not enrolled in the program, to help them rub the preschoole­rs’ backs to help them sleep at nap time, the lawsuit said.

During that time, the suit said, the boy

sexually molested the girl.

“It was way beyond back rubbing,” said Robert L. Mezzetti, the lawyer representi­ng the girl, identified only as Jane Doe, and her parents. He said the boy, identified in the complaint by the pseudonym Adam Roe, was 12 years old and the girl 4 at the time, and that the young ages of the victim, and especially the alleged perpetrato­r, were shocking.

“I haven’t had a case that I remember even hearing about where the perpetrato­r — and I hate to even say that for a young kid — is that young,” Mezzetti said.

The lawsuit was filed Monday in Santa Clara County Superior Court against East Side Union High School District, Santa Teresa High School, Santa Teresa Children’s Center, the boy, his parents and a day care employee who had brought the boy to the center that day.

East Side Union High School District Superinten­dent Chris D. Funk said Tuesday he had not seen the lawsuit or heard about the matter and could not comment.

An automated message service said the telephone number listed for Santa Teresa Children’s Center is no longer in service.

It was unclear whether the boy was criminally charged, though reports by the state Department of Social Services’ Community Care Licensing division indicate that police investigat­ed and issued a report. Juvenile case records generally aren’t public. Mezzetti said his clients reported the matter to county child protection authoritie­s.

Community Care Licensing cited Santa Teresa Children’s Center over the matter on Oct. 13, 2016. That report said licensing staff were following up on “an unusual incident received by Licensing on Aug. 15, 2016.”

Based on informatio­n gathered and a police report, “it was determined that facility staff failed to adequately supervise child(ren) in care, specifical­ly during nap time on or about August 12, 2016 when a un-enrolled minor had inappropri­ate contact with a child in care,” the Community Care Licensing report said.

Licensing authoritie­s slapped the center with a “Type A” citation, the most serious violation, which typically involves immediate health and safety risks.

The report said that “facility staff was suspended pending this investigat­ion” and that a representa­tive of the center “must attend a mandatory Noncomplia­nce Conference at the San Jose Regional Office.”

It also said that “the unenrolled minor responsibl­e for inappropri­ately touching a child in care is no longer allowed at the facility” and that staff there “will be trained on 100 percent active supervisio­n, children’s personal rights and will review the center’s program policy regarding visitors.”

The children’s center’s most recent facility evaluation was April 12, according to Community Care Licensing records. There were only two children present at the time, and the inspector found no violations during the unannounce­d visit.

The lawsuit said that Santa Teresa High School “owned, operated, sponsored, supervised, maintained and controlled” the site of the day care center and that it did background checks for its employees. The district identifies it as among four “early learning centers” at district high schools.

The only employee of the center named in the lawsuit was Donna Walker, who it says was employed as a “registrar.” The most recent state licencing facility evaluation report identifies the center’s administra­tor as Jerrie Calderon and the on-site supervisor interviewe­d as Tersi Ndon.

Calderon and Walker could not be reached for comment.

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