In this guide
You can read this page without contacting anyone. If you decide to reach out, you can do it without giving your name. Nothing happens until you say so. If this happened to you or your child at a San Jose Unified school, the record below is public, and the sections after it explain what the law allows. The law in full is on our California school sexual abuse lawyer page.
The record at San Jose Unified
ABC7 News reported on February 11, 2022 that San Jose Unified School District had agreed to pay $2 million to settle a lawsuit by a former Pioneer High School student. The student was 17 when teacher Ricardo Chavarria sexually assaulted them in his classroom, during and after school hours. Chavarria was convicted of sexually assaulting a minor. The lawsuit claimed that officials failed to properly supervise Chavarria and ignored warning signs that could have prevented the assaults. The survivor's attorney told ABC7 that the problem stems from a lack of supervision, a lack of accountability and a lack of reporting. Law Commentary reported the same $2 million settlement on February 17, 2022 and that Chavarria was convicted on six counts. Prior results do not guarantee a similar outcome. Every case depends on its own facts.
Status of the cases
The settlement is final as reported, and the criminal case ended in conviction. Two things about this record matter for anyone reading. The abuse happened inside a classroom at a large district high school, during and after school hours, which is where supervision is supposed to be strongest. And the claim was not that the district committed the assault but that it failed to supervise a teacher and act on warning signs. Those are the questions an attorney asks about any district school. Prior results do not guarantee a similar outcome. Every case depends on its own facts. Other Bay Area districts are on our Bay Area page.
Filing deadlines
California has two tracks. For abuse on or after January 1, 2024, there is no time limit; that is AB 452, now Code of Civil Procedure section 340.1(p). For abuse before that date, AB 218 controls: a survivor may file until age 40, or within five years of discovering that an adult injury was caused by the abuse, whichever is later. Survivors 40 and older also file certificates of merit from an attorney and a licensed mental health practitioner. No government claim is required for childhood sexual assault under Government Code section 905(m). SB 577 passed the Legislature at the end of August 2026 and awaited the Governor as of September 23, 2026. It may change the rules for older claims. Our statute of limitations page tracks it.
District responsibility
A public district answers for its employees under Government Code section 815.2. In C.A. v. William S. Hart Union High School District (2012), the California Supreme Court held that a district can be liable when its administrators negligently hired, kept or supervised an abusive employee. In Doe v. Lawndale Elementary School District (2021), the Court of Appeal held that this duty does not depend on proof that the district knew of the employee's prior misconduct. Whether administrators responded reasonably to warning signs is a question for the jury. Section 340.1 allows up to treble damages for a cover-up, but in Los Angeles Unified School District v. Superior Court (2023) the Supreme Court held that Government Code section 818 bars that enhancement against public entities. We do not promise it.
A confidential first step
Call, text, or use the confidential form on this page. The form has no narrative box; it asks how to reach you and whether it is safe to call. A Jane Doe or John Doe filing is common in these cases, and we will ask whether you want one. You do not have to face the abuser to bring a claim. We handle cases statewide by phone, video and travel. No fee unless we recover. If there is no recovery, you owe no fee and no case costs.
Records to gather
You do not need any documents to call. Our before you call checklist for adult survivors lists what helps: the school and the years, the adult's role, class schedules, yearbooks, photos, messages, and friends who knew. Parents can use our after your child tells you checklist. Write down what your child said in their words, with the date. Preserve messages and devices, and ask the school for its written policy and its Title IX coordinator's name. Do not contact the abuser or the district, and do not post details online.
Sources cited
- ABC7 News, San Jose Unified settlement, February 11, 2022
- Law Commentary, San Jose Unified to pay $2M to settle sexual abuse lawsuit, February 17, 2022
- Code of Civil Procedure section 340.1
- CSBA legal update on AB 452
- FCMAT report, January 31, 2025
- Government Code section 905
- Government Code section 815.2
- C.A. v. William S. Hart (2012), summarized
- Doe v. Lawndale (2021)
- Los Angeles Unified v. Superior Court (2023)
- CalMatters on SB 577, August 2026
- SB 577 bill status