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Union School District sexual abuse claimsConfidential. No fee unless we recover.

A jury found Union School District liable for the abuse of two Dartmouth Middle School students by a music teacher now in prison. In June 2022 a judge refused the district a new trial. Survivors of abuse at any district school can still bring claims. You can read this page without contacting anyone. Nothing happens unless you say so.

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Josh Kohanim, Esq.Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed

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 Union School District campus in San Jose, 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 Dartmouth Middle School verdict

KTVU reported on June 28, 2022 that a Superior Court judge had upheld a $102.5 million judgment against the Union School District in San Jose. Two former Dartmouth Middle School students, Jane Doe 1 and Jane Doe 2, sued over abuse by music teacher Samuel Neipp. Jurors awarded $65 million to Jane Doe 1 and $37.5 million to Jane Doe 2. They found the district 80 percent liable for the abuse of Doe 1 and 55 percent liable for Doe 2. Neipp pleaded no contest in 2019 to sexually exploiting the two girls between 2009 and 2014 and is serving a 56-year prison sentence. Prior results do not guarantee a similar outcome. Every case depends on its own facts.

Status of the cases

The district argued that the jury's findings were unfair and excessive and moved for a new trial. In June 2022, Superior Court Judge Eric Geffon denied the motion, leaving the judgment in place. KTVU called it one of the largest school-neglect payouts in county history. The percentages matter more than the total for anyone reading this page. A jury weighed the district's own failures separately from the teacher's crimes and assigned the district most of the fault for one survivor and more than half for the other. 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, which is what the Dartmouth jury decided. 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, as it was here, 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, yearbooks, report cards, 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.

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Sources cited

Frequently asked questions

The Dartmouth Middle verdict was enormous. Does that mean my case is worth a lot?
No one can tell you that, and we will not. That verdict came from two survivors' specific facts, a trial, and a jury's judgment about what the district knew and failed to do. Your case rests on its own facts, its own records and its own witnesses. An attorney can tell you whether a claim exists and which filing track applies. Anyone who quotes a number before that is guessing.
Can I still file against Union School District years after leaving Dartmouth Middle?
Possibly, yes. For abuse before January 1, 2024, 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 need certificates of merit from an attorney and a mental health practitioner. For abuse on or after January 1, 2024 there is no time limit. SB 577 may change the rules for older claims.
Do I have to testify in front of the teacher?
No. Survivors do not have to face the abuser to bring a claim. The two Dartmouth plaintiffs sued as Jane Doe 1 and Jane Doe 2, and that kind of filing is common. Most of a civil case is records, written questions and interviews handled by attorneys. If a deposition or trial is ever needed, an attorney prepares you and stays with you, and you can pause at any point.
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