Sexually Assaulted at San Jose Middle School-$102.5M Awarded

Claiming they were sexually assaulted by a music teacher, on March 29, 2022, a San Jose jury awarded $102.5 million to two former middle school students. The jury found that the Union School District ignored previous allegations of an instructor’s inappropriate behavior.

In this article, our California child sexual assault attorney at Beck Law P.C. will examine the reported incident of sexual misconduct at San Jose Music School, the evidence presented in the civil lawsuit, and the resulting legal ramifications for the school district.

Sexually Assaulted – Background of the Incident

According to the lawsuit, Samuel Neipp sexually assaulted the two girls, identified as Jane Doe 1 and Jane Doe 2, between 2009 and 2017 at Dartmouth Middle School. Jane Doe 1 was 13 to 16 years old at the time of the molestations, which occurred between 2013 and 2017, and was awarded $65 million. Jane Doe 2 was 13 to 15 years old when she was abused between 2009 and 2011 and received $37.5 million. The awards were for emotional distress and trauma.

After threatening to reveal images of one of the girls, 39-year-old Neipp was arrested and convicted of sexually assaulting and child pornography in 2017. He was sentenced to 52 years in prison.

Sexual Assault Evidence Presented in the Civil Lawsuit

The jury heard that Neipp assaulted the girls in the band room and his office and had a security camera outside to watch anyone arriving while he was alone with them. The complaint alleges that Neipp groomed the girls “by sending text messages, emails, and often spending time alone with each of them in his classroom.” On each occasion, the teacher made sexually provocative comments, held their hands, and kissed and touched them while alone.

The district was twice alerted by parents that Neipp was sending inappropriate text messages to female students, to a 13-year-old in 2010 and then to another 13-year-old in 2013. Instead of tightening their oversight of Neipp after the second child’s father reported the inappropriate interactions, the district gave him tenure and named him “teacher of the year,” the lawsuit claims.

Legal Ramifications of a sexual assault

The recent jury’s verdict in the civil lawsuit against the Union School District turns heads toward several legal issues. Under California law, employers have a duty to provide a safe working environment for their employees and can be held liable for failing to do so. In the case of schools, this includes protecting students from sexual abuse by teachers.

Furthermore, under California law, employers can be held liable for negligent hiring, retention, or supervision of employees if they knew or should have known about an employee’s history of misconduct and failed to take appropriate action.

In this case, the Union School District was aware of Neipp’s inappropriate behavior towards female students but failed to take action to protect them.

Speak to a California Child Sexual Abuse Attorney

The San Jose Music School incident highlights the need for protection from teacher sexual abuse. However, as we can see in the case above, a school and a school district can be held liable for creating an unsafe environment for children. They can also be held responsible for negligent hiring and retention supervision.

If your child was sexually assaulted, our California child sex abuse law firm is here to help. We’re experienced in handling cases against schools and school districts. We’ve helped clients recover millions of dollars in settlements, verdicts, and legal fees.