The Mercury News

Police: Alleged homophobic behavior at high school not criminal.

Santa Clara police say the actions don’t rise to the level of a violation, but school takes action

- By Elliott Almond and Darren Sabedra Staff writers

SANTA CLARA » Santa Clara police investigat­ors found no criminal evidence to charge any Wilcox High School students over alleged homophobic slurs directed at a freshman male cheerleade­r, authoritie­s announced Monday.

“Based on the informatio­n provided by the involved parties and after careful considerat­ion of the law, the actions of the involved students do not rise to the level of a criminal violation,” Santa Clara

Police Capt. Wahid Kazem said in a news release.

“Although not deemed criminal in nature, behavior that is hateful, threatenin­g and mean-spirited has no place in our community,” Kazem added. “The Santa Clara Police Department is committed to investigat­ing such behavior when warranted and enforcing to the full extent of the law.

The investigat­ion began after some members of the Wilcox football team allegedly targeted the 14-yearold cheerleade­r during a pep rally on Oct. 18 and later that day during the varsity game against Milpitas High School.

Santa Clara Unified School District officials announced Oct. 24 that they had taken action in the case but details of that discipline were not revealed by the district nor by Wilcox principal Kristin Gonzalez.

“From a disciplina­ry standpoint, the school has taken the actions available given the facts of the case, which range from removal from athletics to suspension from school,” Gonzalez wrote in a seven-paragraph announceme­nt released to this news organizati­on.

School district spokeswoma­n Jennifer Dericco declined to provide more details, citing student privacy rules.

Other than Dericco, district and school executives and Wilcox football coach Paul Rosa have repeatedly declined to comment about the situation.

Wilcox returned to the field Friday for the first time since the allegation­s and beat rival Santa Clara 63-7. The victory clinched no worse than a share of the Santa Clara Valley Athletic League De Anza Division championsh­ip for the Chargers.

They can claim the outright title Friday at home against Fremont-Sunnyvale. The team will then move on to the Central Coast Section

Division I playoffs that begin Nov. 15.

The Chargers, who are ranked No. 8 in the Bay Area by this news organizati­on, are a defending state champion.

But the team has received more attention for the alleged anti-gay comments than its so-far successful

season. As of Monday, a change.org petition in support of the cheerleade­r had more than 12,300 signatures.

“As our community begins moving forward from what has been a very painful week, I want to connect with you because I feel that it is critical that we begin the healing process,” Gonzalez said in her letter to the community that was also given to this news organizati­on. “As difficult as

this week has been, there is also an opportunit­y for our school community to come together in order to work to create an environmen­t that will ensure that every single student at Wilcox feels welcomed and embraced.”

The situation that began at a pep rally escalated during the game, the cheerleade­r’s father said last week.

The boys’ cheerleadi­ng teammates protested the behavior by some players, the father said, by refusing

to hold up banners that the team traditiona­lly runs through to re-enter the field after the halftime break. The father said his daughter, a former Wilcox cheerleade­r, took her brother home at halftime because she was worried about his safety.

This news organizati­on is not identifyin­g the alleged victim and his family because he is a minor.

The situation at Wilcox has left Chargers athletics booster club president Marc Lund disappoint­ed.

“I would have thought the way things have been

going in the world nowadays, the kids would have been enlightene­d,” said Lund, who doesn’t have a son on the team.

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 ?? PHOTO BY ELLIOTT ALMOND ?? Officials at Wilcox High School in Santa Clara say disciplina­ry action against the students involved has been taken.
PHOTO BY ELLIOTT ALMOND Officials at Wilcox High School in Santa Clara say disciplina­ry action against the students involved has been taken.

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