The Mountain View-Whisman School District is facing a lawsuit from a former student who alleges she was sexually abused by her first-grade teacher at Theuerkauf Elementary School during the 2017-2018 school year and that district officials failed to act on prior concerns about the teacher’s behavior.
The lawsuit, filed Aug. 14 in Santa Clara County Superior Court, names the district and former Theuerkauf Principal Ryan Santiago as defendants. The plaintiff, identified as Jane Doe, was 6 years old when the alleged abuse occurred, according to the complaint.
The complaint alleges that teacher Bryan Rios had previously engaged in sexually predatory behavior, sexual harassment and violence toward female staff members and that district employees had complained about his conduct.
According to the lawsuit, Rios assaulted a teacher’s aide before Doe’s alleged abuse, beating and choking her unconscious. The lawsuit says the assault was reported to Santiago and that the aide suspected Rios was grooming or sexually abusing first-grade students.
The lawsuit alleges that Santiago and other district employees failed to adequately investigate complaints about Rios, supervise him or report suspected child abuse to authorities.
Doe was in Rios’ first-grade class when, according to the lawsuit, he sexually abused her.
Doe reported the alleged abuse to a social worker and police in October 2023, according to the complaint. Rios was arrested in November 2023 and charged with felony counts of lewd or lascivious conduct involving a child under 14 and assault by means likely to cause great bodily injury, according to the complaint. The complaint states that Rios pleaded no contest to the charges.
The lawsuit alleges Doe has experienced depression, post-traumatic stress disorder, anxiety and other physical and emotional symptoms following the abuse. It says she has had difficulty attending school and is now enrolled in an independent-study program and has received ongoing therapy.
The complaint accuses the district of negligence and negligent hiring, supervision, training and retention. It seeks compensatory damages, medical expenses and other damages, as well as injunctive relief requiring the district to establish and enforce policies and procedures to protect students from abuse.
In a statement, MVWSD said student and staff safety are its “highest priorities.”
“When safety concerns involving an employee are reported, the District takes them seriously and acts promptly while also respecting the confidentiality requirements that apply to personnel matters and law enforcement investigations,” the district said.
The district said it took “immediate action” after concerns about Rios’ conduct toward staff were reported in 2017. According to the district, Rios was placed on administrative leave and prohibited from being on campus effective Nov. 9, 2017. According to the district, Rios was a teacher at Theuerkauf in fall 2017 and did not return to work for MVWSD after being placed on leave.
The district also said it communicated with Theuerkauf parents and staff about the situation.
MVWSD said its current safety procedures include supervision policies, mandated training for staff and volunteers, background checks for staff and regular volunteers, and reporting procedures.
The district declined to answer additional questions about Rios, citing the pending litigation.
Doe’s attorney did not respond to a request for comment.
The lawsuit comes about a month after MVWSD agreed to pay $5 million to settle a separate lawsuit brought by three former Graham Middle School students who alleged they were sexually abused by teacher Nathaniel McCray decades ago. That lawsuit, filed in 2022, alleged that the district failed to protect students from McCray, who taught at Graham in the 1970s.
