The Mercury News

Judge rejects attempt to dismiss suit

Former student says school knew of janitor’s behavior

- By Aaron Kinney akinney@bayareanew­sgroup.com

REDWOOD CITY — A judge on Wednesday rejected the latest attempt by the Belmont-Redwood Shores School District to dismiss a lawsuit alleging that Ralston Middle School and district officials ignored and concealed evidence that a custodian at the school was a sexual predator.

The lawsuit filed on behalf of former student Roxanne Pedro claims her life was derailed by a 2001 sexual assault that could have been prevented if the janitor, Andre Edwards, had been properly supervised or punished for two previous incidents in which Edwards was accused of lewd behavior toward female students. Pedro filed the suit in 2014, less than a year after learning of the earlier allegation­s from a probation officer in the wake of a 2010 sexual assault Edwards committed on another Ralston student. That 2010 investigat­ion led police to re-examine Pedro’s case. Edwards served nine months in jail after pleading no contest in 2011 to molesting Pedro and the other girl.

The district has repeatedly tried to have Pedro’s lawsuit tossed from court, claiming the statute of limitation­s for the allegation­s has expired. Pedro’s attorneys have successful­ly argued that the clock for the statute didn’t start ticking until 2013, when investigat­ors uncovered evidence that the district had concealed sexual misconduct allegation­s against Edwards from 1991 and 1996.

“The community trusted the Belmont-Redwood Shores School District with the safety of their children, but for nearly 20 years, the district actively concealed evidence against a sexual predator instead of protecting children at the school,” Pedro’s attorney Ryan Erickson said in a statement. “We look forward to proceeding with the case and holding the district accountabl­e for the abuse it condoned.”

Pedro was 12 years old in May 2001 when Edwards accosted her in his secluded office. The custodian asked her several X-rated questions before pulling aside her underwear and fondling her, Pedro claimed.

Now 26, Pedro says the encounter plunged her down a path of teenage truancy and promiscuit­y. The single mother of two children says she remains traumatize­d not only by the abuse but also by school and district officials’ skeptical response to her story.

“I feel pretty much betrayed that they haven’t taken any responsibi­lity for what they did,” Pedro said.

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