A 54-year-old former teacher at a California charter school was charged with two felony counts of child molestation and 70 misdemeanor counts of unlawful electronic peeping. The accused had taught grades 5 and 6 for seven years.

The accused allegedly used hidden recording devices to secretly videotape children for six years.

Court documents indicate the accused molested two Jane Does under the age of 14 while they slept. The first molestation victim, called "Jane Doe 2" was also the subject of multiple illicit recordings.

In total, 46 "Jane Does" have been confirmed as victims of the former teacher's recordings, while the district attorney and the sheriff's office continue to work to identify five remaining unknown minors.

The accused was found with secret recording devices in his possession and is accused of recording children in several locations, including places where children change clothes. Many recordings were on the charter school's campus.

According to the school's Director of Education, these allegations were a "complete shock" to the school. She gave the assurance that the accused would not be returning to the school.

A civil claim for personal injuries and damages was filed against the former teacher by the parents of one confirmed victim of the recordings, and the case is still developing. The parents allege the charter school and the Santa Barbara Unified School District were also liable for the perpetrator's misconduct, claiming they "negligently supervised" and failed to protect students and to enforce guidelines, training, and procedures.

The school district, however, claims it is a separate legal entity from the charter school and has no liability. Callie Fausey "Former Santa Barbara Charter School Teacher Charged with Child Molestation and Electronic Peeping" https://www.independent.com/2024/09/09/santa-barbara-charter-school-teacher-charged-with-child-molestation-and-electronic-peeping/ (Sep 09,2024)

Commentary and Checklist

Negligent supervision is a claim in which a plaintiff seeks to hold an employer responsible for the actions of an employee that causes injury to another – actions that would not have occurred had the employee been adequately supervised. The plaintiffs will rely, in part, on facts relating to recordings made on campus.

Negligent supervision is often the claim levied against school districts when allegations of student abuse, assault, and/or harassment are made against educators and/or staff.

What are other steps districts can take to help protect students from teacher misconduct?

• To prevent misconduct, make sure your school policies clearly outline appropriate boundaries for interactions between staff and students.
• Be intentional in your hiring practices, and strictly follow a comprehensive screening procedure for all workplace participants, even those with personal recommendations.
• Always include background checks, including criminal checks, child safety, and verification of certifications and personal references.
• Establish clear behavioral guidelines and expectations, and hold all staff members to these guidelines regardless of their position.
• Regularly train all staff members on your policies. Incorporate real-life examples when appropriate.
• Require workplace participants to report any suspected staff misconduct.
• Provide multiple reporting methods. Using a third-party reporting method helps achieve an objective and prompt response.
• Incorporate into employee training information on your state's mandatory reporting laws, including when and how to report to your state's law enforcement.
• Thoroughly document all procedures to promote student safety.
• Make sure you have sufficient numbers of adults at all times to watch students, but also to observe how other adults interact with students.
• Establish boundaries for digital communications. Do not allow digital communications between staff and students that do not include the students' parents and/or guardians.