Emery Sued For School Campus Rapist

 Emery School District Sued For Negligence in Campus Rape Case

A San Jose based law firm announced yesterday they are representing a 16 year old Emery High School girl who alleges she was forcibly raped on campus by a school district employee last November.  The complaint for childhood sexual damages, filed with the Superior Court of California at Alameda County today, seeks damages for sexual assault of a minor, negligent hiring by District employees and negligent supervision by the District.  The perpetrator, Daniel Parham, a 2020 graduate of Emery High School who took employment at the school as a security guard, was arrested and charged with statutory rape according to a press release issued by the law firm Cerri, Boskovich & Allard. He posted bail and currently awaits trial.  

Lax Security at Emery School Campus
This unattended self closing gate was left propped
open Tuesday, something that happens "all the time"
according to a City employee.

The complaint alleges Emery employees breached their duty to protect the safety of the students in their care by “permitting the plaintiff to be isolated [with the perpetrator] in the senior center and/or the science room and/or the gym office behind closed/locked doors and/or failing to detect and deter such isolation.”   Also alleged, Mr Parham “groomed” the girl, discussing intimate topics with her over one-on-one electronic communications. After gaining the Plaintiff’s trust, he went on to sexually assault her (including intercourse) on school grounds on at least three different occasions from late October 2023 through early November 2023.

The security guard had been frequently groping other students and allegedly further sexually assaulted at least one other minor female on “multiple” occasions on campus. 

Emery has been negligent when students have been sexually assaulted on campus before.   In 2017, a previous Superintendent failed to report to the police an incident as is required by California law.

A spokesperson for Emery’s Superintendent, Quiauna Scott, told the Tattler the District would issue a statement “next week”.  

Alameda County District Attorney Brings Charges in Emery Sexual Assault Case

District Attorney's Charge Questions Emery Schools Superintendent's Aplomb

Rubio Twists in the Wind

News that the Alameda County District Attorney's office has brought charges against a 17 year old student for sexually assaulting a 15 year old at Emery Secondary School last May and not reported to police by the Superintendent brings fresh allegations in the ongoing story against the Superintendent who continues to claim he was correct to not call the police upon learning of the assault.  News of the charges brought by the County was reported by East Bay Times investigative reporter Matthias Gafni today who also alerted readers that Emeryville's Chief of Police has backtracked on initial reports that Mr Rubio had violated mandated reporter law by not calling the police after he learned about the alleged assault (along with another alleged assault the week before at Emery).
Mr Rubio's insistence he did nothing wrong by not calling the police is refuted by Bill Grimm, senior attorney for the National Center for Youth Law whom the East Bay Times story quotes, "School personnel mistakenly believe that they need to conduct some investigation of suspected abuse/neglect before they report [to police]...If in doubt, report!"

The mandated reporter law requires professionals who work with children, including teachers, school administrators, psychologists and others to notify police or child protective services when they receive a report of alleged abuse.  The law states that “No proof of abuse or neglect is needed, only ‘reasonable suspicion’ that child abuse or neglect may have occurred.” 

Emery Schools Superintendent
John Rubio
He says he knows the children lied
about the assaults.  The Alameda County
District Attorney believes the children.

The Superintendent has invoked a clause within the mandated reporter law that permits someone such as a school superintendent to not report if there is absolute certainty no crime happened.  For Mr Rubio, who was not witness to the alleged crimes, to not be guilty of the law's failure to report provisions, he would have to have no doubt whatsoever that the incidents did not take place and be in a position to provide reasonable evidence to support that claim.

However, Mr Rubio's claim is severely weakened by the fact that the guardians of the abused children thought the assaults had taken place and they themselves, without the District's help, filed police reports.  Further eroding Mr Rubio's claims of innocence is today's revelation from the East Bay Times that Alameda County puts enough stock in the belief that at least one assault took place that they directed prosecutors to bring charges in the case.

The East Bay Times story reveals another case of twisted logic needed to clear the Superintendent in our town.  In an interview with the Times and its 500,000+ circulation, Emeryville's Chief of Police, Jennifer Tejada appears to be protecting Superintendent Rubio.  Regarding what the newspaper calls a "backtrack" on Mr Rubio's culpability, Chief Tejada is now positing that Superintendent Rubio could not have known for certain that assaults did not take place and also simultaneously that it is acceptable that he did know that with certainty and that he is therefore innocent of violating the mandated reporter law.  For its part, the Alameda County District Attorney says there is not enough evidence against Mr Rubio to bring charges for violating the notoriously difficult to prosecute mandated reporter law.

Emeryville City Council members have expressed desire to further investigate the case involving Superintendent Rubio and the Emery Unified School District to whom they are contractually bound to with the city/schools campus at the Center of Community Life, the site of the alleged sexual assaults.

The Tattler broke the story HERE.

The East Bay Times story is HERE.

Dr John Rubio Failed to Report Allegations of Sexual Assault at Emery Schools

Superintendent: Children Lied, 'Mandated Reporter' Law Not Applicable

Emeryville Police are investigating two alleged sexual assaults at the K-12 campus of the Emeryville Center of Community Life, expressing concern that the School District failed to report either incident, a possible violation of California law.

Emeryville Police Chief Jennifer Tejada described the recent allegations involving students at the school as potentially "serious crimes" and has notified the Alameda County District Attorney of both cases.  She said her department is also conducting its own investigation.

John Rubio
Emery Schools Superintendent
The children are lying he says.  It's
better to error on the side of
NOT calling the police.

School Superintendent John Rubio, meanwhile, said he didn't make a report because he believed the students were lying and that no assaults occurred.  Speaking through the School District's attorney, Rubio said he came to this conclusion based on his "professional experience."  He said because he believed the allegations to be false, he was not bound by the state's mandated reporting law. 

California AB 1432 sometimes called the mandated reporter law, requires professionals who work with children, including teachers, school administrators, psychologists and others to notify police or child protective services when they receive a report of alleged abuse.  The law states that “No proof of abuse or neglect is needed, only ‘reasonable suspicion’ that child abuse or neglect may have occurred.” 

Mr. Rubio argues that that "reasonable suspicion" did not exist in either of the two incidences the students reported at the school.

Police have disclosed little information about the incidents, which came to light after a parent of one of the alleged victims went to the police and filed a report.  According to the police crime report, the incidents occurred on April 28 and May 1 and involved allegations of “lewd or lascivious” acts at the elementary school and “sexual battery” at the high school.  While all K-12 students share a campus at the Emeryville Center of Community Life, the elementary and high school are housed in separate buildings.

Police Chief Jennifer Tejada
She thinks there may be something
to the children's allegations and
she is running an EPD investigation.

  

At a May 11th meeting of the Emeryville Public Safety Committee, Chief Tejada expressed concern over the School District's failure to make a report, "My concern is around the lack of reporting for serious crimes" she said, adding, "We came across these crimes not through school personnel, who had previous knowledge of the alleged assaults."  

A mandated reporter who fails to make a required report is guilty of a misdemeanor punishable by up to six months in jail and/or up to a $1,000 fine.  Schools are required under the law to hold annual trainings of all school personnel.  That training is to occur within six weeks of the start of school and/or the first six weeks of employment.  The State has provided a free resource for schools that clearly sets forth all the law's requirements.  

Superintendent Rubio, who said he would answer questions from the Tattler only if they were in writing, did not answer a question of whether the District had met the state's training requirements. 

Chief Tejada said she was working with the School District to get them up to speed on their obligation under the law.  “We are in the process of taking care of the mandated reporter issues at the school,” she said.