A San José Teacher Is Charged With Sexual Abuse. His School District Knew of Alleged Misconduct a Decade Ago
Union Says Chevron Fired Several Richmond Refinery Workers Who Went on Strike
California Colleges Experiment With Restorative Justice in Sexual Assault Cases
Former California Prison Officer Accused of Sexual Misconduct Against Multiple Incarcerated Women
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California Lawmaker to Propose Ban on Sending Unwanted Nude Photos
Lyft Announces New Safety Features Following Sexual Assault Lawsuit
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She's originally from Georgia and has strong opinions about Great British Bake Off.","avatar":"https://secure.gravatar.com/avatar/868129c8b257bb99a3500e2c86a65400?s=600&d=blank&r=g","twitter":"oddity_adhiti","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["author"]},{"site":"news","roles":["editor"]}],"headData":{"title":"Adhiti Bandlamudi | KQED","description":"KQED Housing Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/868129c8b257bb99a3500e2c86a65400?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/868129c8b257bb99a3500e2c86a65400?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/abandlamudi"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11952597":{"type":"posts","id":"news_11952597","meta":{"index":"posts_1591205157","site":"news","id":"11952597","score":null,"sort":[1686571203000]},"guestAuthors":[],"slug":"a-san-jose-teacher-is-charged-with-sexual-abuse-his-school-district-knew-of-alleged-misconduct-a-decade-ago","title":"A San José Teacher Is Charged With Sexual Abuse. His School District Knew of Alleged Misconduct a Decade Ago","publishDate":1686571203,"format":"standard","headTitle":"A San José Teacher Is Charged With Sexual Abuse. His School District Knew of Alleged Misconduct a Decade Ago | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A music teacher at a TK–8 school in San José had a history of complaints roughly a decade before he was criminally charged with sexually abusing students last year, records obtained by KQED show.\u003c/p>\n\u003cp>Israel Santiago, 43, was arrested in November under suspicion of sexually abusing 10 students beginning in 2021 at Adelante Dual Language Academy. He faces 12 charges, including multiple counts of molestation and lewd acts on a child by force.\u003c/p>\n\u003cp>Last year was not the first time a student reported being inappropriately touched by Santiago, according to the records provided by the Alum Rock Union Elementary School District \u003ca href=\"https://s3.documentcloud.org/documents/24512265/response-to-pra-request-w-documents-05-17-2023-1-3.pdf\">in response to a Public Records Act request\u003c/a>.\u003c/p>\n\u003cp>Students at two other schools in the district, Sheppard Middle School and Painter Elementary, had reported concerns about Santiago’s behavior to school staff from 2012 through 2014, records show. The district did not provide records of any complaints made to the school in the years that followed.\u003c/p>\n\u003cp>One student said Santiago put his hand on her back and rubbed her back while he praised her. Another said Santiago repeatedly hugged her, asked her for hugs and “picked her up, putting his arms under her legs and carrying her.”\u003c/p>\n\u003cp>“Mr. Santiago has failed to practice good judgment regarding physical contact with students, in particular, females, and I find that conduct to be inappropriate and unprofessional,” former Sheppard Middle School Principal Imee Almazan wrote at the conclusion of a personnel investigation in 2014.\u003c/p>\n\u003cp>Alum Rock Union Elementary School District didn’t fire Santiago in 2014, despite the investigation documenting multiple complaints of Santiago inappropriately touching students after repeated warnings.\u003c/p>\n\u003cp>Instead, the district issued a letter of reprimand, and determined he should be transferred to another school in the district.[pullquote align=\"right\" size=\"medium\" citation=\"Lauren Cerri, attorney, Corsiglia McMahon and Allard\"]‘These complaints are being made, and he’s moved to another school. What are those administrators told? Are they even told about the prior complaints?’[/pullquote]Santiago started teaching at Adelante in 2015, according to Cesar Torrico, assistant superintendent of human resources at Alum Rock.\u003c/p>\n\u003cp>The district superintendent, Hilaria Bauer, declined to answer any questions about past complaints against Santiago and how they were handled.\u003c/p>\n\u003cp>But Bauer wrote that the district has since adopted “a clearer and stronger process to prevent these incidents from happening and to encourage any other victims to come forward.”\u003c/p>\n\u003cp>“We provided extra training during our monthly safety meeting on Dec. 7 and directed all site administrators to retake the mandated reporter training from the beginning of the year. This also included all staff,” Bauer wrote.\u003c/p>\n\u003cp>Almazan, who is currently director of social and emotional learning at Alum Rock Union School District, declined to comment.\u003c/p>\n\u003ch2>‘We don’t feel safe’\u003c/h2>\n\u003cp>Records from the school district’s 2014 investigation include some documentation of prior complaints against Santiago from students at Painter Elementary and Sheppard Middle School in 2012 and 2013.\u003c/p>\n\u003cp>Natalie Hernandez, 22, said she was in Santiago’s band class at Sheppard Middle School in 2012 and had reported his behavior to the principal.\u003c/p>\n\u003cp>She and her friends had been passionate about band and loved playing instruments together, forming a whole community inside the small band room. She mainly played flute, but would dabble in the clarinet and the saxophone.\u003c/p>\n\u003cp>But over time, she said, she became increasingly alarmed by her band teacher.\u003c/p>\n\u003cp>She said Santiago asked her to stay in the band room during a break between classes to practice a piece she could already play with her eyes closed.[pullquote align=\"right\" size=\"medium\" citation=\"Natalie Hernandez, former student, Sheppard Middle School\"]‘I just remember being so angry, and even to this day, I’m so angry. It’s almost as if they forgot that we were kids.’[/pullquote]“He kept adjusting his chair and my chair so our knees could be touching and we’d be really close to each other,” Hernandez said. “I remember I just felt a really big rush of anxiety. I just did not feel comfortable at all.”\u003c/p>\n\u003cp>Hernandez said she told the principal, Almazan, how Santiago would only ask female students to stay after class.\u003c/p>\n\u003cp>“I strictly remember telling her we don’t feel safe,” Hernandez said.\u003c/p>\n\u003cp>Santiago remained at the school until 2014. When Hernandez learned he had been transferred to another school in the district, she was furious.\u003c/p>\n\u003cp>“I just remember being so angry, and even to this day, I’m so angry,” Hernandez said. “It’s almost as if they forgot that we were kids.”\u003c/p>\n\u003ch2>A father’s written sexual harassment complaint prompts investigation\u003c/h2>\n\u003cp>The records show that Santiago had been instructed in 2012 not to touch students, particularly female students. But he allegedly continued, and a father filed a written complaint that Santiago sexually harassed his daughter in 2014.\u003c/p>\n\u003cp>The school’s investigation prompted by that complaint included interviews with 15 students, and found “an overall discomfort and/or feeling of insecurity in Mr. Santiago’s band class among female students that were interviewed.”\u003c/p>\n\u003cp>Out of nine female students interviewed, seven said they were not comfortable in the classroom with Santiago, and one female student said she had been touched inappropriately by him on multiple occasions. Two students said Santiago walked in on them during a dress fitting.\u003c/p>\n\u003cp>The male students interviewed did not report similar discomfort.\u003c/p>\n\u003ch2>‘Not sufficiently severe and pervasive’\u003c/h2>\n\u003cp>Almazan also wrote in the report that she had called Child Protective Services to report Santiago in 2014, but was told the allegations against a teacher were “not a reportable CPS case.” CPS offered to take a “courtesy report” that would be forwarded to law enforcement, according to the records.\u003c/p>\n\u003cp>Frank Motta, chief of staff at the Santa Clara County Social Services Agency, declined to comment on any specific cases, but said the agency reports information to law enforcement to pursue criminal investigations when allegations do not involve caregivers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San José Police Department declined to immediately comment on the past complaints. A police spokesperson previously told \u003ca href=\"https://www.nbcbayarea.com/news/local/south-bay/san-jose-music-teacher-sexual-assault/3085337/\">NBC Bay Area\u003c/a> that an allegation of inappropriate touching was made against Santiago in 2014, but that no charges were filed.\u003c/p>\n\u003cp>Ultimately Almazan and the school district found that the conduct was not “sufficiently severe and pervasive” to amount to sexual harassment. In the letter of reprimand, the district instructed Santiago again not to touch students and to take a minimum of two hours of training related to sexual harassment.\u003c/p>\n\u003cp>“Based on Principal Almazan’s recommendation to Human Resources and to the Superintendent we have decided to transfer you out of Sheppard Middle School,” the March 10, 2014, letter of reprimand from the district’s chief human resources officer says.\u003c/p>\n\u003cp>Santiago worked at Adelante until he was placed on leave last November soon before his arrest.\u003c/p>\n\u003ch2>Prosecutors investigate recent allegations\u003c/h2>\n\u003cp>\u003ca href=\"https://countyda.sccgov.org/news/news-release/sj-music-teacher-charged-touching-students\">According to Santa Clara County prosecutors, at the beginning of the 2021–2022 school year\u003c/a>, Santiago would take children into his office, hold girls on his lap and hug them tightly to his body. Prosecutors say he cupped female students’ buttocks while hugging them on his lap, and stroked the bare skin of a fourth grader’s back.[aside label=\"Related Stories\" postID=\"news_11911375,news_11935859,news_11928350\"]Santiago, who has not yet entered a plea, remains in custody in Santa Clara County. His next court hearing is scheduled for July 14. Santiago’s defense attorney, Steven Clark, declined to comment on the criminal case or records showing past complaints.\u003c/p>\n\u003cp>The school’s decision to transfer Santiago may have emboldened his behavior, said Lauren Cerri, an attorney with Corsiglia McMahon and Allard who specializes in childhood sexual abuse cases, and who reviewed the records provided by the school district.\u003c/p>\n\u003cp>“These complaints are being made, and he’s moved to another school,” Cerri said. “What are those administrators told? Are they even told about the prior complaints? Are they told to keep an extra eye on him and supervise him more closely?”\u003c/p>\n\u003cp>Cerri is currently representing three women suing the Alum Rock Union Elementary School District for allegedly failing to report abuse by a first grade teacher in the 1970s to authorities.\u003c/p>\n\u003cp>“And it appears that this is still happening today in the same district,” Cerri said.\u003c/p>\n\u003cp>The district disputes the allegations in their court filing.\u003c/p>\n\u003ch2>The community seeks answers\u003c/h2>\n\u003cp>After Santiago was arrested, the Alum Rock school board passed a resolution “reaffirming the critical role of school personnel as mandated reporters.”\u003c/p>\n\u003cp>The resolution outlines that the district must “provide a hard copy of the mandated reporter training presentation to all staff and the school board” and encourage all district staff to attend annual mandated reporter training in person.\u003c/p>\n\u003cfigure id=\"attachment_11952548\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11952548\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED.jpg\" alt=\"A children and adults circulate beside a playground behind a chainlink fence.\" width=\"1920\" height=\"1277\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED-800x532.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED-1020x678.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Students and staff walk through the playground at Adelante Dual Language Academy in San José on June 8, 2023. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Still, some in the Alum Rock community have voiced frustration during recent school board meetings about a lack of transparency and poor communication by district leadership.\u003c/p>\n\u003cp>Three substitute principals are currently working at Adelante, according to \u003ca href=\"https://adelante.arusd.org/about-us/new-page\">the district’s website\u003c/a>.[pullquote align=\"right\" size=\"medium\" citation=\"Rosalinda Marquez, former employee, Alum Rock Union Elementary School District\"]‘It just seems par for the course for Alum Rock. They aren’t listening. They don’t know how to listen.’[/pullquote]The principal who reported Santiago, Maria Gutierrez, has been on paid leave since December for an unrelated issue, according to her attorney, \u003ca href=\"https://www.hbblaw.com/dvelez/\">Donald A. Velez\u003c/a>.\u003c/p>\n\u003cp>“The one person doing the right thing is being targeted,” Velez said. “You have all these complaints over all this time. It comes to a head. And the person who has only been there a year is the one who is taking the brunt of this.”\u003c/p>\n\u003cp>Velez declined to describe the specifics of why the principal is on leave but said it stems from an incident between two students, including a school board member’s family member.\u003c/p>\n\u003cp>District superintendent Bauer declined to comment.\u003c/p>\n\u003cp>Rosalinda Marquez, who worked for the district until this year, said Alum Rock must begin to take concerns from parents seriously. She said she was not surprised to learn how the district had responded to past complaints against Santiago.\u003c/p>\n\u003cp>“It hurts my heart that I wasn’t surprised,” Marquez said. “It just seems par for the course for Alum Rock. They aren’t listening. They don’t know how to listen. It just seems like any issue that arises either gets Band-Aid solutions or no solutions at all.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Music teacher Israel Santiago was criminally charged with sexually abusing 10 students at a San José elementary school since 2021, but records obtained by KQED through the Public Records Act have found that Santiago had a history of sexual misconduct complaints in the same school district.","status":"publish","parent":0,"modified":1711474431,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":48,"wordCount":1826},"headData":{"title":"A San José Teacher Is Charged With Sexual Abuse. His School District Knew of Alleged Misconduct a Decade Ago | KQED","description":"Music teacher Israel Santiago was criminally charged with sexually abusing 10 students at a San José elementary school since 2021, but records obtained by KQED through the Public Records Act have found that Santiago had a history of sexual misconduct complaints in the same school district.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"A San José Teacher Is Charged With Sexual Abuse. His School District Knew of Alleged Misconduct a Decade Ago","datePublished":"2023-06-12T12:00:03.000Z","dateModified":"2024-03-26T17:33:51.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11952597/a-san-jose-teacher-is-charged-with-sexual-abuse-his-school-district-knew-of-alleged-misconduct-a-decade-ago","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A music teacher at a TK–8 school in San José had a history of complaints roughly a decade before he was criminally charged with sexually abusing students last year, records obtained by KQED show.\u003c/p>\n\u003cp>Israel Santiago, 43, was arrested in November under suspicion of sexually abusing 10 students beginning in 2021 at Adelante Dual Language Academy. He faces 12 charges, including multiple counts of molestation and lewd acts on a child by force.\u003c/p>\n\u003cp>Last year was not the first time a student reported being inappropriately touched by Santiago, according to the records provided by the Alum Rock Union Elementary School District \u003ca href=\"https://s3.documentcloud.org/documents/24512265/response-to-pra-request-w-documents-05-17-2023-1-3.pdf\">in response to a Public Records Act request\u003c/a>.\u003c/p>\n\u003cp>Students at two other schools in the district, Sheppard Middle School and Painter Elementary, had reported concerns about Santiago’s behavior to school staff from 2012 through 2014, records show. The district did not provide records of any complaints made to the school in the years that followed.\u003c/p>\n\u003cp>One student said Santiago put his hand on her back and rubbed her back while he praised her. Another said Santiago repeatedly hugged her, asked her for hugs and “picked her up, putting his arms under her legs and carrying her.”\u003c/p>\n\u003cp>“Mr. Santiago has failed to practice good judgment regarding physical contact with students, in particular, females, and I find that conduct to be inappropriate and unprofessional,” former Sheppard Middle School Principal Imee Almazan wrote at the conclusion of a personnel investigation in 2014.\u003c/p>\n\u003cp>Alum Rock Union Elementary School District didn’t fire Santiago in 2014, despite the investigation documenting multiple complaints of Santiago inappropriately touching students after repeated warnings.\u003c/p>\n\u003cp>Instead, the district issued a letter of reprimand, and determined he should be transferred to another school in the district.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘These complaints are being made, and he’s moved to another school. What are those administrators told? Are they even told about the prior complaints?’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Lauren Cerri, attorney, Corsiglia McMahon and Allard","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Santiago started teaching at Adelante in 2015, according to Cesar Torrico, assistant superintendent of human resources at Alum Rock.\u003c/p>\n\u003cp>The district superintendent, Hilaria Bauer, declined to answer any questions about past complaints against Santiago and how they were handled.\u003c/p>\n\u003cp>But Bauer wrote that the district has since adopted “a clearer and stronger process to prevent these incidents from happening and to encourage any other victims to come forward.”\u003c/p>\n\u003cp>“We provided extra training during our monthly safety meeting on Dec. 7 and directed all site administrators to retake the mandated reporter training from the beginning of the year. This also included all staff,” Bauer wrote.\u003c/p>\n\u003cp>Almazan, who is currently director of social and emotional learning at Alum Rock Union School District, declined to comment.\u003c/p>\n\u003ch2>‘We don’t feel safe’\u003c/h2>\n\u003cp>Records from the school district’s 2014 investigation include some documentation of prior complaints against Santiago from students at Painter Elementary and Sheppard Middle School in 2012 and 2013.\u003c/p>\n\u003cp>Natalie Hernandez, 22, said she was in Santiago’s band class at Sheppard Middle School in 2012 and had reported his behavior to the principal.\u003c/p>\n\u003cp>She and her friends had been passionate about band and loved playing instruments together, forming a whole community inside the small band room. She mainly played flute, but would dabble in the clarinet and the saxophone.\u003c/p>\n\u003cp>But over time, she said, she became increasingly alarmed by her band teacher.\u003c/p>\n\u003cp>She said Santiago asked her to stay in the band room during a break between classes to practice a piece she could already play with her eyes closed.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I just remember being so angry, and even to this day, I’m so angry. It’s almost as if they forgot that we were kids.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Natalie Hernandez, former student, Sheppard Middle School","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“He kept adjusting his chair and my chair so our knees could be touching and we’d be really close to each other,” Hernandez said. “I remember I just felt a really big rush of anxiety. I just did not feel comfortable at all.”\u003c/p>\n\u003cp>Hernandez said she told the principal, Almazan, how Santiago would only ask female students to stay after class.\u003c/p>\n\u003cp>“I strictly remember telling her we don’t feel safe,” Hernandez said.\u003c/p>\n\u003cp>Santiago remained at the school until 2014. When Hernandez learned he had been transferred to another school in the district, she was furious.\u003c/p>\n\u003cp>“I just remember being so angry, and even to this day, I’m so angry,” Hernandez said. “It’s almost as if they forgot that we were kids.”\u003c/p>\n\u003ch2>A father’s written sexual harassment complaint prompts investigation\u003c/h2>\n\u003cp>The records show that Santiago had been instructed in 2012 not to touch students, particularly female students. But he allegedly continued, and a father filed a written complaint that Santiago sexually harassed his daughter in 2014.\u003c/p>\n\u003cp>The school’s investigation prompted by that complaint included interviews with 15 students, and found “an overall discomfort and/or feeling of insecurity in Mr. Santiago’s band class among female students that were interviewed.”\u003c/p>\n\u003cp>Out of nine female students interviewed, seven said they were not comfortable in the classroom with Santiago, and one female student said she had been touched inappropriately by him on multiple occasions. Two students said Santiago walked in on them during a dress fitting.\u003c/p>\n\u003cp>The male students interviewed did not report similar discomfort.\u003c/p>\n\u003ch2>‘Not sufficiently severe and pervasive’\u003c/h2>\n\u003cp>Almazan also wrote in the report that she had called Child Protective Services to report Santiago in 2014, but was told the allegations against a teacher were “not a reportable CPS case.” CPS offered to take a “courtesy report” that would be forwarded to law enforcement, according to the records.\u003c/p>\n\u003cp>Frank Motta, chief of staff at the Santa Clara County Social Services Agency, declined to comment on any specific cases, but said the agency reports information to law enforcement to pursue criminal investigations when allegations do not involve caregivers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San José Police Department declined to immediately comment on the past complaints. A police spokesperson previously told \u003ca href=\"https://www.nbcbayarea.com/news/local/south-bay/san-jose-music-teacher-sexual-assault/3085337/\">NBC Bay Area\u003c/a> that an allegation of inappropriate touching was made against Santiago in 2014, but that no charges were filed.\u003c/p>\n\u003cp>Ultimately Almazan and the school district found that the conduct was not “sufficiently severe and pervasive” to amount to sexual harassment. In the letter of reprimand, the district instructed Santiago again not to touch students and to take a minimum of two hours of training related to sexual harassment.\u003c/p>\n\u003cp>“Based on Principal Almazan’s recommendation to Human Resources and to the Superintendent we have decided to transfer you out of Sheppard Middle School,” the March 10, 2014, letter of reprimand from the district’s chief human resources officer says.\u003c/p>\n\u003cp>Santiago worked at Adelante until he was placed on leave last November soon before his arrest.\u003c/p>\n\u003ch2>Prosecutors investigate recent allegations\u003c/h2>\n\u003cp>\u003ca href=\"https://countyda.sccgov.org/news/news-release/sj-music-teacher-charged-touching-students\">According to Santa Clara County prosecutors, at the beginning of the 2021–2022 school year\u003c/a>, Santiago would take children into his office, hold girls on his lap and hug them tightly to his body. Prosecutors say he cupped female students’ buttocks while hugging them on his lap, and stroked the bare skin of a fourth grader’s back.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11911375,news_11935859,news_11928350"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Santiago, who has not yet entered a plea, remains in custody in Santa Clara County. His next court hearing is scheduled for July 14. Santiago’s defense attorney, Steven Clark, declined to comment on the criminal case or records showing past complaints.\u003c/p>\n\u003cp>The school’s decision to transfer Santiago may have emboldened his behavior, said Lauren Cerri, an attorney with Corsiglia McMahon and Allard who specializes in childhood sexual abuse cases, and who reviewed the records provided by the school district.\u003c/p>\n\u003cp>“These complaints are being made, and he’s moved to another school,” Cerri said. “What are those administrators told? Are they even told about the prior complaints? Are they told to keep an extra eye on him and supervise him more closely?”\u003c/p>\n\u003cp>Cerri is currently representing three women suing the Alum Rock Union Elementary School District for allegedly failing to report abuse by a first grade teacher in the 1970s to authorities.\u003c/p>\n\u003cp>“And it appears that this is still happening today in the same district,” Cerri said.\u003c/p>\n\u003cp>The district disputes the allegations in their court filing.\u003c/p>\n\u003ch2>The community seeks answers\u003c/h2>\n\u003cp>After Santiago was arrested, the Alum Rock school board passed a resolution “reaffirming the critical role of school personnel as mandated reporters.”\u003c/p>\n\u003cp>The resolution outlines that the district must “provide a hard copy of the mandated reporter training presentation to all staff and the school board” and encourage all district staff to attend annual mandated reporter training in person.\u003c/p>\n\u003cfigure id=\"attachment_11952548\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11952548\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED.jpg\" alt=\"A children and adults circulate beside a playground behind a chainlink fence.\" width=\"1920\" height=\"1277\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED-800x532.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED-1020x678.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED-160x106.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/06/RS66174_20230608_ksuzuki_adelanteschool-007-KQED-1536x1022.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Students and staff walk through the playground at Adelante Dual Language Academy in San José on June 8, 2023. \u003ccite>(Kori Suzuki/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Still, some in the Alum Rock community have voiced frustration during recent school board meetings about a lack of transparency and poor communication by district leadership.\u003c/p>\n\u003cp>Three substitute principals are currently working at Adelante, according to \u003ca href=\"https://adelante.arusd.org/about-us/new-page\">the district’s website\u003c/a>.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It just seems par for the course for Alum Rock. They aren’t listening. They don’t know how to listen.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Rosalinda Marquez, former employee, Alum Rock Union Elementary School District","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The principal who reported Santiago, Maria Gutierrez, has been on paid leave since December for an unrelated issue, according to her attorney, \u003ca href=\"https://www.hbblaw.com/dvelez/\">Donald A. Velez\u003c/a>.\u003c/p>\n\u003cp>“The one person doing the right thing is being targeted,” Velez said. “You have all these complaints over all this time. It comes to a head. And the person who has only been there a year is the one who is taking the brunt of this.”\u003c/p>\n\u003cp>Velez declined to describe the specifics of why the principal is on leave but said it stems from an incident between two students, including a school board member’s family member.\u003c/p>\n\u003cp>District superintendent Bauer declined to comment.\u003c/p>\n\u003cp>Rosalinda Marquez, who worked for the district until this year, said Alum Rock must begin to take concerns from parents seriously. She said she was not surprised to learn how the district had responded to past complaints against Santiago.\u003c/p>\n\u003cp>“It hurts my heart that I wasn’t surprised,” Marquez said. “It just seems par for the course for Alum Rock. They aren’t listening. They don’t know how to listen. It just seems like any issue that arises either gets Band-Aid solutions or no solutions at all.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11952597/a-san-jose-teacher-is-charged-with-sexual-abuse-his-school-district-knew-of-alleged-misconduct-a-decade-ago","authors":["11635"],"categories":["news_18540","news_6188","news_8"],"tags":["news_32807","news_32803","news_20013","news_27626","news_5568","news_32804","news_32806","news_18541","news_2700","news_32808","news_32805"],"featImg":"news_11952549","label":"news"},"news_11940114":{"type":"posts","id":"news_11940114","meta":{"index":"posts_1591205157","site":"news","id":"11940114","score":null,"sort":[1675609239000]},"guestAuthors":[],"slug":"union-says-chevron-fired-several-richmond-refinery-workers-who-went-on-strike","title":"Union Says Chevron Fired Several Richmond Refinery Workers Who Went on Strike","publishDate":1675609239,"format":"standard","headTitle":"Union Says Chevron Fired Several Richmond Refinery Workers Who Went on Strike | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Chevron has fired five workers who went on strike at the oil giant’s Richmond refinery last spring, according to their union. The apparent termination of United Steelworkers Local 5 employees at one of the West Coast’s major oil refining facilities prompted the union to file complaints with federal labor regulators.\u003c/p>\n\u003cp>The workers Chevron fired — two during the walkout and three in the months that followed — were mostly safety operators at the refinery who played leadership roles in the strike, according to union president Tracy Scott.\u003c/p>\n\u003cfigure id=\"attachment_11940126\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11940126\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574-800x534.jpg\" alt='Strikers hold placards that feature words \"strike\" and \"Chevron\"' width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Striking Chevron refinery union workers hold signs as they picket outside the Chevron refinery on March 21, 2022, in Richmond. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The firings “were unjust,” Scott said.\u003c/p>\n\u003cp>One of those fired was B.K. White, a top union negotiator who became the face of the labor action and had worked at the refinery for nearly three decades.\u003c/p>\n\u003cp>“You could just tell it was retaliatory or punitive in nature,” said White, vice president of USW Local 5. “It appears there’s a concerted effort to break the union.”\u003c/p>\n\u003cp>In a complaint filed with the National Labor Relations Board, the union alleges that Chevron ordered its members to train contractors to do union-covered work and then punished them for their labor activities. The NLRB has deferred action on the Local 5’s unfair labor practice charges pending arbitration of a grievance the union had already filed with the company.\u003c/p>\n\u003cp>News of the firings comes months after a \u003ca href=\"https://www.kqed.org/news/11915426/chevron-richmond-refinery-workers-ok-deal-to-end-first-strike-in-over-40-years\">10-week-long strike\u003c/a> by hundreds of USW workers. It was the \u003ca href=\"https://www.kqed.org/news/11908916/a-strike-at-chevrons-richmond-refinery\">first walkout at Chevron’s Richmond refinery in 40 years\u003c/a>.\u003c/p>\n\u003cp>The marathon labor action ended up delivering only modest gains to workers. The contract, approved by a slim majority of union members, gave a small bump in pay and medical benefits to refinery employees who went without paychecks for more than two months.\u003c/p>\n\u003cp>“You were just asking for a little dignity and little relief from a corporation that’s raking in billions of dollars and not sharing it with its workers but sharing it with their board of directors or their stockholders on Wall Street,” White said.[pullquote align=\"right\" size=\"medium\" citation=\"BK White, vice president, USW Local 5\"]‘You were just asking for a little dignity and little relief from a corporation that’s raking in billions of dollars and not sharing it with its workers but sharing it with their board of directors or their stockholders on Wall Street.’[/pullquote]Chevron earned $35.5 billion last year, the company said in its \u003ca href=\"https://www.chevron.com/-/media/chevron/stories/documents/4Q22-earnings-press-release.pdf\">recent fourth-quarter earnings report (PDF)\u003c/a>. In a report to shareholders last year, the company reported that the total 2021 compensation for \u003ca href=\"https://www.chevron.com/-/media/shared-media/documents/chevron-proxy-statement-2022.pdf\">CEO Michael Wirth was $37.8 million (PDF)\u003c/a>.\u003c/p>\n\u003cp>White says when he and his members returned to work in late spring, Chevron managers told them to leave the labor dispute behind and work together. But replacement employees brought in during the strike remained at the refinery. Some were living at the facility, according to the union.\u003c/p>\n\u003cp>White says he was fired in October after working for 29 years at the Richmond refinery.\u003c/p>\n\u003cp>“For me to believe such a heinous company would treat me any other way, I would be the fool to be surprised,” White said in an interview.\u003c/p>\n\u003cp>“I understood that taking a position and fighting such a big company, there would be repercussions. I wasn’t happy with it, but I’ve never been a victim a day in my life,” he said. “I willfully went in to represent my people. I didn’t think I did anything wrong. I didn’t think I did anything worthy of termination. Big corporations like that don’t like being challenged.”\u003c/p>\n\u003cp>A Chevron representative rejected claims that the company fired workers as an act of revenge.\u003c/p>\n\u003cp>“Chevron does not retaliate against or tolerate any retaliation against employees for striking or for engaging in any protected union activity,” company spokesperson Brian Hubinger said in an emailed statement.\u003c/p>\n\u003cp>“Employees found to be engaging in behavior that violates policies or laws are subject to investigation and disciplinary action, including termination,” Hubinger said. “Chevron does not discuss the details of individual personnel issues.”\u003c/p>\n\u003cfigure id=\"attachment_11940123\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11940123\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS55028_011_KQED_ChevronRefineryStrike_04072022-qut-e1675465928888-800x623.jpg\" alt=\"An older Latino man in a blue shirt holds a strike placard as he talks to a striker, a man in a black shirt with a cap on.\" width=\"800\" height=\"623\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS55028_011_KQED_ChevronRefineryStrike_04072022-qut-e1675465928888-800x623.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS55028_011_KQED_ChevronRefineryStrike_04072022-qut-e1675465928888-160x125.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS55028_011_KQED_ChevronRefineryStrike_04072022-qut-e1675465928888.jpg 936w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Then-Richmond City Council member (and current mayor) Eduardo Martinez (left) talks with Chevron employee BK White during a strike in front of Gate 14 at the Richmond refinery on April 7, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hubinger noted that the refinery is the largest employer in Richmond and a “significant provider of union jobs.” He said the company respects the rights of employees to express their views lawfully and that includes the right to strike.\u003c/p>\n\u003cp>Earlier this month, White began working as public policy director for Richmond Mayor Eduardo Martinez, a longtime Chevron critic. Martinez believes White can help Richmond move away from oil and move refining employees into the green economy, according to the mayor’s chief of staff.\u003c/p>\n\u003cp>“Who better to help us lead ‘just transition’ work and support union labor and workforce development in Richmond — the mayor’s top priorities — than him,” said Shiva Mishek, who, along with Martinez, is a member of the Richmond Progressive Alliance.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"News of the firings comes months after a 10-week-long strike by hundreds of USW workers, the first walkout at Chevron’s Richmond refinery in 40 years. The union alleges that the 5 workers were fired in retaliation for their labor actions.","status":"publish","parent":0,"modified":1690401537,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":901},"headData":{"title":"Union Says Chevron Fired Several Richmond Refinery Workers Who Went on Strike | KQED","description":"News of the firings comes months after a 10-week-long strike by hundreds of USW workers, the first walkout at Chevron’s Richmond refinery in 40 years. The union alleges that the 5 workers were fired in retaliation for their labor actions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Union Says Chevron Fired Several Richmond Refinery Workers Who Went on Strike","datePublished":"2023-02-05T15:00:39.000Z","dateModified":"2023-07-26T19:58:57.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11940114/union-says-chevron-fired-several-richmond-refinery-workers-who-went-on-strike","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Chevron has fired five workers who went on strike at the oil giant’s Richmond refinery last spring, according to their union. The apparent termination of United Steelworkers Local 5 employees at one of the West Coast’s major oil refining facilities prompted the union to file complaints with federal labor regulators.\u003c/p>\n\u003cp>The workers Chevron fired — two during the walkout and three in the months that followed — were mostly safety operators at the refinery who played leadership roles in the strike, according to union president Tracy Scott.\u003c/p>\n\u003cfigure id=\"attachment_11940126\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11940126\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574-800x534.jpg\" alt='Strikers hold placards that feature words \"strike\" and \"Chevron\"' width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/GettyImages-1386907574.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Striking Chevron refinery union workers hold signs as they picket outside the Chevron refinery on March 21, 2022, in Richmond. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The firings “were unjust,” Scott said.\u003c/p>\n\u003cp>One of those fired was B.K. White, a top union negotiator who became the face of the labor action and had worked at the refinery for nearly three decades.\u003c/p>\n\u003cp>“You could just tell it was retaliatory or punitive in nature,” said White, vice president of USW Local 5. “It appears there’s a concerted effort to break the union.”\u003c/p>\n\u003cp>In a complaint filed with the National Labor Relations Board, the union alleges that Chevron ordered its members to train contractors to do union-covered work and then punished them for their labor activities. The NLRB has deferred action on the Local 5’s unfair labor practice charges pending arbitration of a grievance the union had already filed with the company.\u003c/p>\n\u003cp>News of the firings comes months after a \u003ca href=\"https://www.kqed.org/news/11915426/chevron-richmond-refinery-workers-ok-deal-to-end-first-strike-in-over-40-years\">10-week-long strike\u003c/a> by hundreds of USW workers. It was the \u003ca href=\"https://www.kqed.org/news/11908916/a-strike-at-chevrons-richmond-refinery\">first walkout at Chevron’s Richmond refinery in 40 years\u003c/a>.\u003c/p>\n\u003cp>The marathon labor action ended up delivering only modest gains to workers. The contract, approved by a slim majority of union members, gave a small bump in pay and medical benefits to refinery employees who went without paychecks for more than two months.\u003c/p>\n\u003cp>“You were just asking for a little dignity and little relief from a corporation that’s raking in billions of dollars and not sharing it with its workers but sharing it with their board of directors or their stockholders on Wall Street,” White said.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘You were just asking for a little dignity and little relief from a corporation that’s raking in billions of dollars and not sharing it with its workers but sharing it with their board of directors or their stockholders on Wall Street.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"BK White, vice president, USW Local 5","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Chevron earned $35.5 billion last year, the company said in its \u003ca href=\"https://www.chevron.com/-/media/chevron/stories/documents/4Q22-earnings-press-release.pdf\">recent fourth-quarter earnings report (PDF)\u003c/a>. In a report to shareholders last year, the company reported that the total 2021 compensation for \u003ca href=\"https://www.chevron.com/-/media/shared-media/documents/chevron-proxy-statement-2022.pdf\">CEO Michael Wirth was $37.8 million (PDF)\u003c/a>.\u003c/p>\n\u003cp>White says when he and his members returned to work in late spring, Chevron managers told them to leave the labor dispute behind and work together. But replacement employees brought in during the strike remained at the refinery. Some were living at the facility, according to the union.\u003c/p>\n\u003cp>White says he was fired in October after working for 29 years at the Richmond refinery.\u003c/p>\n\u003cp>“For me to believe such a heinous company would treat me any other way, I would be the fool to be surprised,” White said in an interview.\u003c/p>\n\u003cp>“I understood that taking a position and fighting such a big company, there would be repercussions. I wasn’t happy with it, but I’ve never been a victim a day in my life,” he said. “I willfully went in to represent my people. I didn’t think I did anything wrong. I didn’t think I did anything worthy of termination. Big corporations like that don’t like being challenged.”\u003c/p>\n\u003cp>A Chevron representative rejected claims that the company fired workers as an act of revenge.\u003c/p>\n\u003cp>“Chevron does not retaliate against or tolerate any retaliation against employees for striking or for engaging in any protected union activity,” company spokesperson Brian Hubinger said in an emailed statement.\u003c/p>\n\u003cp>“Employees found to be engaging in behavior that violates policies or laws are subject to investigation and disciplinary action, including termination,” Hubinger said. “Chevron does not discuss the details of individual personnel issues.”\u003c/p>\n\u003cfigure id=\"attachment_11940123\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11940123\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS55028_011_KQED_ChevronRefineryStrike_04072022-qut-e1675465928888-800x623.jpg\" alt=\"An older Latino man in a blue shirt holds a strike placard as he talks to a striker, a man in a black shirt with a cap on.\" width=\"800\" height=\"623\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS55028_011_KQED_ChevronRefineryStrike_04072022-qut-e1675465928888-800x623.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS55028_011_KQED_ChevronRefineryStrike_04072022-qut-e1675465928888-160x125.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/02/RS55028_011_KQED_ChevronRefineryStrike_04072022-qut-e1675465928888.jpg 936w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Then-Richmond City Council member (and current mayor) Eduardo Martinez (left) talks with Chevron employee BK White during a strike in front of Gate 14 at the Richmond refinery on April 7, 2022. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Hubinger noted that the refinery is the largest employer in Richmond and a “significant provider of union jobs.” He said the company respects the rights of employees to express their views lawfully and that includes the right to strike.\u003c/p>\n\u003cp>Earlier this month, White began working as public policy director for Richmond Mayor Eduardo Martinez, a longtime Chevron critic. Martinez believes White can help Richmond move away from oil and move refining employees into the green economy, according to the mayor’s chief of staff.\u003c/p>\n\u003cp>“Who better to help us lead ‘just transition’ work and support union labor and workforce development in Richmond — the mayor’s top priorities — than him,” said Shiva Mishek, who, along with Martinez, is a member of the Richmond Progressive Alliance.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11940114/union-says-chevron-fired-several-richmond-refinery-workers-who-went-on-strike","authors":["258"],"categories":["news_6188","news_8"],"tags":["news_4223","news_27626","news_5568","news_4276","news_32365"],"featImg":"news_11940124","label":"news"},"news_11936486":{"type":"posts","id":"news_11936486","meta":{"index":"posts_1591205157","site":"news","id":"11936486","score":null,"sort":[1672425611000]},"guestAuthors":[],"slug":"california-colleges-experiment-with-restorative-justice-in-sexual-assault-cases","title":"California Colleges Experiment With Restorative Justice in Sexual Assault Cases","publishDate":1672425611,"format":"standard","headTitle":"California Colleges Experiment With Restorative Justice in Sexual Assault Cases | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>When a sexual assault survivor walks into Alexandra Fulcher’s office at Occidental College, it’s the first step in a process fraught with consequences for both the survivor and the accused.\u003c/p>\n\u003cp>If Fulcher, the school’s Title IX director, launches an official investigation, the survivor could be asked to recount their trauma and cross-examined about it in a live hearing. Their alleged assaulter could be expelled.\u003c/p>\n\u003cp>But for the past year, survivors at Occidental have had another option. They can participate in a restorative justice conference with the person who harmed them, in which that person hears about the impact of their actions, takes responsibility and commits to a plan to help repair the harm — and prevent it from happening again.[pullquote align=\"right\" size=\"medium\" citation=\"Alexandra Fulcher, Title IX director, Occidental College\"]‘This age group, at least at Oxy, is less interested in punitive options.’[/pullquote]The conferences draw on a long tradition of restorative justice, a philosophy that eschews punishment in favor of coming up with collective solutions to address violence and harm within a community.\u003c/p>\n\u003cp>A handful of California colleges have recently begun using restorative justice in cases of sexual assault and harassment, or are seriously considering it. And Fulcher said it’s a path that an increasing number of survivors at Occidental are choosing.\u003c/p>\n\u003cp>“This age group, at least at Oxy, is less interested in punitive options,” she said.\u003c/p>\n\u003cp>One argument for making restorative justice available is that it may encourage more survivors to come forward. An overwhelming majority of survivors of campus sexual violence never file a report, and of those that do, few choose to pursue disciplinary action, said David Karp, director of the Center for Restorative Justice at the University of San Diego.\u003c/p>\n\u003cp>Title IX rules passed under the Trump administration made the formal complaint process less attractive for sexual assault survivors by requiring that they be cross-examined in live hearings, while at the same time giving schools more flexibility to pursue informal resolutions, Karp said. (The Biden administration has proposed new rules that would give colleges flexibility in whether to require cross-examination.)[aside label=\"Related Stories\" postID=\"news_11935859,news_11921799,news_11911375\"]Both of those changes helped spur interest in restorative justice, he said — including at his own campus, which is currently in its first year of offering restorative justice for Title IX cases.\u003c/p>\n\u003cp>“It seems pretty clear that there’s student demand and that Title IX administrators are really dissatisfied with the current options and would like to see the options expand,” he said. “There’s some legitimate worry about bad implementation or retraumatization and reasons why we should be careful.”\u003c/p>\n\u003cp>A \u003ca href=\"https://calmatters.org/education/higher-education/college-beat-higher-education/2022/04/california-state-university-sexual-harassment/\">sexual harassment scandal\u003c/a> at California State University this year that led to the \u003ca href=\"https://calmatters.org/education/higher-education/2022/02/cal-state-chancellor-resigns/\">resignation of the university’s chancellor\u003c/a> and numerous reports of campus administrators \u003ca href=\"https://www.latimes.com/california/newsletter/2022-12-15/sexual-violence-harassment-racism-and-transphobia-csus-maritime-academy-essential-california\">mishandling Title IX cases\u003c/a> has focused attention on \u003ca href=\"https://calmatters.org/education/higher-education/college-beat-higher-education/2022/09/sexual-assault-support-advocates/\">how California colleges resolve such cases\u003c/a>. The federal civil rights law, which turned 50 this year, protects students from sex-based discrimination in schools, including sexual violence. Meanwhile, an influential committee of lawmakers and judges earlier this month recommended that the state give all \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2022/12/northern-california-earthquake-safety-debate/\">crime victims the right to participate in restorative justice programs\u003c/a>.\u003c/p>\n\u003cp>Preparing a successful restorative justice conference — also known as a restorative justice circle — can take months, said René Rivera, a facilitator for the Ahimsa Collective, a nonprofit that conducts them for Occidental students.\u003c/p>\n\u003cp>First, both parties must agree to participate. The facilitators meet separately with both parties, making sure they have support systems in place — therapists, friends, family. The survivor decides what they want the outcome of the circle to be, and the person who acknowledges causing harm starts to face up to what they’ve done. The accused is often asked to write a letter to the survivor, which may never be read to them, but can help the accused sort out their own feelings and take accountability before addressing the survivor face-to-face.\u003c/p>\n\u003cp>“It can take a long time to get to a place where everyone feels ready to meet each other and listen to each other,” said Rivera. “We as facilitators need to feel confident that there will not be more harm in bringing these two people together.”\u003c/p>\n\u003cp>The circle, which usually lasts several hours, is not over until the accused has made an apology and the survivor is able to ask any questions of the accused. The person who’s caused the harm then takes the steps the survivor has requested, which could include things like getting therapy, or quitting an extracurricular activity so the survivor doesn’t have to run into them on campus.[pullquote align=\"right\" size=\"medium\" citation=\"Gabi Jeakle, student, Loyola Marymount University\"]‘What makes restorative justice work is that it’s addressing a deep systemic and historical prejudice that a lot of wrongdoings happen because of systemic oppression.’[/pullquote]Nationally, Rutgers University in New Jersey has been using restorative justice since 2016 — first to treat less-serious incidents such as alcohol violations and later in Title IX cases. Amy Miele, the university’s associate director of student affairs, compliance and Title IX, vividly remembers the first restorative justice conference she organized in a sexual assault case.\u003c/p>\n\u003cp>The student who had been assaulted chose restorative justice because “she did not want another man of color with a disciplinary record,” Miele said. “She said, ‘I want healing and justice and to be able to move on from this, I have a lot of questions I want answered, and I don’t feel comfortable going up to him on my own.’”\u003c/p>\n\u003cp>The parties met in a conference room, Miele said, sitting around a table stocked with water bottles, tissues, drawing paper, pens and snacks. But within a couple minutes, both students erupted with rage as the accused person grappled with the reality of what he had done, and the harmed person confronted her assaulter for the first time.\u003c/p>\n\u003cp>Miele and her team took a pause, allowing both students to calm down and giving them stress balls and water bottles to hold for the rest of the conference. Returning to the circle relaxed and prepared, the accused did something no one was expecting — he said, “I’m signing,” apologized and accepted full responsibility for his actions.\u003c/p>\n\u003cp>“In that moment when he looked them in the eyes and said, ‘I’m sorry,’ it was as if we could all breathe again, like the fog lifted,” Miele said. The survivor told Miele the process had restored her faith in humanity, Miele said.\u003c/p>\n\u003ch2>Evidence of success\u003c/h2>\n\u003cp>While there’s little data available about the effectiveness of restorative justice in preventing future sexual assaults, some studies of youth convicted of other crimes have shown that \u003ca href=\"https://www.capolicylab.org/impacts-of-make-it-right-program-on-recidivism/\">those who participate in restorative justice conferences are less likely to be rearrested\u003c/a>.\u003c/p>\n\u003cp>In a survey gauging Rutgers’ students’ satisfaction with the restorative justice process, one student accused of assault said, “The explorations of mine and (survivor’s) perspectives was done very well. I was shocked at times to hear things I had never even thought of.”\u003c/p>\n\u003cp>The conference “showed me a game plan that I could follow to alleviate the harm done to (Complainant) and to better myself,” another wrote.\u003c/p>\n\u003cp>Besides having the potential to increase reporting of sexual assaults, restorative justice is also a rejection of a racist criminal justice system in favor of something more equitable, said Domale Dube Keys, a former lecturer at the University of California Los Angeles who wrote a paper recommending that colleges offer restorative justice in Title IX cases.[pullquote align=\"right\" size=\"medium\" citation=\"Alexandra Fulcher, Title IX director, Occidental College\"]‘In terms of the parties’ satisfaction with the (restorative justice) process, it is leaps and bounds more than our typical investigation and hearing process.’[/pullquote]“A restorative justice approach really is a way of recognizing that if we keep on this track of, ‘We need to police, we need to do this law-and-order approach to sexual violence,’ it’s people of color and gender non-conforming people that are going to suffer,” said Keys. “They are going to have less resources to go the legal route, less public support when it comes to believing their stories. It’s a way of recognizing that our system is flawed.”\u003c/p>\n\u003cp>Some Indigenous tribes have been practicing forms of restorative justice for generations. So when professors on Cal Poly Humboldt’s sexual assault prevention committee were considering using restorative justice for sexual misconduct, they took inspiration from the local Yurok tribe, whose members had experience using the practice to heal after domestic violence.\u003c/p>\n\u003cp>“In our community, the connections between us are so thick, when something bad happens to one of us, we all experience it in some way,” Blythe George, a Yurok tribal member and sociology professor at UC Merced, said in a presentation at Cal Poly Humboldt in April.\u003c/p>\n\u003cp>When a tribal member is banished, she said, “their songs go with them, the teachings that their parents and grandparents took the time to teach them … and that’s why it’s so important for us to have this restorative justice component, because we are actively reclaiming our people from a system that has done nothing but try to take us or kill us for the better part of centuries now.”\u003c/p>\n\u003ch2>Fair to survivors?\u003c/h2>\n\u003cp>But critics of using restorative justice for campus sexual assault cases say that the power dynamics are different.\u003c/p>\n\u003cp>“What makes restorative justice work is that it’s addressing a deep systemic and historical prejudice that a lot of wrongdoings happen because of systemic oppression,” said Gabi Jeakle, a student at Loyola Marymount University who has worked to improve the university’s Title IX resources and is herself a survivor. But statistically speaking, she said, much sexual assault happens at the hands of historically privileged people. “It’s oftentimes white men in fraternities harming women. It’s important to look at that context and say that’s not the same argument as someone who has been a victim of the school-to-prison pipeline.”\u003c/p>\n\u003cp>Jeakle acknowledged that for the colleges that are trying this, survivors get to choose whether to pursue restorative justice or a traditional investigation. But when you’ve recently undergone trauma, she said, “it can be difficult to know what you need.”\u003c/p>\n\u003cfigure id=\"attachment_11936490\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11936490\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-800x533.jpg\" alt=\"A young white woman with brown braided hair wearing a sweater looks at the camera.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Loyola Marymount University student Gabi Jeakle poses for a portrait at her home in Seattle, Washington on Dec. 23, 2022. \u003ccite>(David Ryder/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Federal law bars restorative justice in cases where a professor has assaulted or harassed a student. And potential power differentials between survivor and accused have also surfaced as an issue at Cal Poly Humboldt, where Maxwell Schnurer, a communications professor who chairs the university’s sexual assault prevention committee, said he’s concerned that restorative justice could lead to a “survivor being asked to take care of someone who had harmed them.”\u003c/p>\n\u003cp>Committee members have received training in restorative justice but said they haven’t yet decided whether it could work on their campus.\u003c/p>\n\u003cp>At UC Berkeley, restorative justice advocates were developing a separate pathway for handling cases outside the university’s Title IX office, said Julie Shackford-Bradley, director of the university’s Restorative Justice Center.\u003c/p>\n\u003cp>But they soon ran into a pitfall: A key tenet of restorative justice conferences is confidentiality. But most university employees — including those who would be running the conferences — are mandatory reporters, meaning that by law, they must tell the Title IX coordinator if they hear of any sexual harassment or assault happening on campus.\u003c/p>\n\u003cp>The center ended up scrapping the plan, Shackford-Bradley said, at least until the legal issues can be resolved.\u003c/p>\n\u003cp>Mandatory reporting has not been an issue at Occidental, said Fulcher, since any cases that are referred to the Ahimsa Collective have already been reported to the university’s Title IX office.\u003c/p>\n\u003cp>“In terms of the parties’ satisfaction with the (restorative justice) process, it is leaps and bounds more than our typical investigation and hearing process,” Fulcher said — in part because restorative justice gives both survivor and respondent more control over the outcome.[pullquote align=\"right\" size=\"medium\" citation=\"Amy Miele, associate director of student affairs, Occidental College\"]‘In that moment when he looked them in the eyes and said, ‘I’m sorry,’ it was as if we could all breathe again, like the fog lifted.’[/pullquote]Rivera, the facilitator, said that Occidental’s experiment with restorative justice shows that “there’s an alternative (to punishment) and the alternative is to have a conversation that is actually as healing [as] possible for both parties, and where the person who has caused the harm is gonna be treated as a full human being in that process.”\u003c/p>\n\u003cp>“That’s something that personally gives me a lot of hope. If we can do that on college campuses, it feels so much more possible to start to have those kinds of alternatives in other areas.”\u003c/p>\n\u003cp>Even at California campuses where restorative justice conferences aren’t taking place, advocates for survivors are going beyond traditional Title IX investigations, finding ways to redress harm, involve the community and prevent future assaults.\u003c/p>\n\u003cp>UC Berkeley offers survivor circles, in which students can share their stories and build community with other sexual assault survivors.\u003c/p>\n\u003cp>And at Loyola Marymount, Jeakle is getting fraternities to contribute to a fund that supports survivors of sexual assault who need help with travel and medical expenses.\u003c/p>\n\u003cp>“You don’t want to forgive the entire institution because one individual apologizes,” she said. “Asking people to be part of a cultural shift is more important.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Some California colleges are responding to campus sexual assault and harassment with restorative justice: a process that brings together the student who was harmed, the person who harmed them and the community to seek solutions.","status":"publish","parent":0,"modified":1690402824,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":41,"wordCount":2389},"headData":{"title":"California Colleges Experiment With Restorative Justice in Sexual Assault Cases | KQED","description":"Some California colleges are responding to campus sexual assault and harassment with restorative justice: a process that brings together the student who was harmed, the person who harmed them and the community to seek solutions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Colleges Experiment With Restorative Justice in Sexual Assault Cases","datePublished":"2022-12-30T18:40:11.000Z","dateModified":"2023-07-26T20:20:24.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://calmatters.org/author/oden-taylor/\">Oden Taylor\u003c/a> and \u003ca href=\"https://calmatters.org/author/feliciacalmatters-org/\">Felicia Mello\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11936486/california-colleges-experiment-with-restorative-justice-in-sexual-assault-cases","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When a sexual assault survivor walks into Alexandra Fulcher’s office at Occidental College, it’s the first step in a process fraught with consequences for both the survivor and the accused.\u003c/p>\n\u003cp>If Fulcher, the school’s Title IX director, launches an official investigation, the survivor could be asked to recount their trauma and cross-examined about it in a live hearing. Their alleged assaulter could be expelled.\u003c/p>\n\u003cp>But for the past year, survivors at Occidental have had another option. They can participate in a restorative justice conference with the person who harmed them, in which that person hears about the impact of their actions, takes responsibility and commits to a plan to help repair the harm — and prevent it from happening again.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This age group, at least at Oxy, is less interested in punitive options.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Alexandra Fulcher, Title IX director, Occidental College","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The conferences draw on a long tradition of restorative justice, a philosophy that eschews punishment in favor of coming up with collective solutions to address violence and harm within a community.\u003c/p>\n\u003cp>A handful of California colleges have recently begun using restorative justice in cases of sexual assault and harassment, or are seriously considering it. And Fulcher said it’s a path that an increasing number of survivors at Occidental are choosing.\u003c/p>\n\u003cp>“This age group, at least at Oxy, is less interested in punitive options,” she said.\u003c/p>\n\u003cp>One argument for making restorative justice available is that it may encourage more survivors to come forward. An overwhelming majority of survivors of campus sexual violence never file a report, and of those that do, few choose to pursue disciplinary action, said David Karp, director of the Center for Restorative Justice at the University of San Diego.\u003c/p>\n\u003cp>Title IX rules passed under the Trump administration made the formal complaint process less attractive for sexual assault survivors by requiring that they be cross-examined in live hearings, while at the same time giving schools more flexibility to pursue informal resolutions, Karp said. (The Biden administration has proposed new rules that would give colleges flexibility in whether to require cross-examination.)\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11935859,news_11921799,news_11911375"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Both of those changes helped spur interest in restorative justice, he said — including at his own campus, which is currently in its first year of offering restorative justice for Title IX cases.\u003c/p>\n\u003cp>“It seems pretty clear that there’s student demand and that Title IX administrators are really dissatisfied with the current options and would like to see the options expand,” he said. “There’s some legitimate worry about bad implementation or retraumatization and reasons why we should be careful.”\u003c/p>\n\u003cp>A \u003ca href=\"https://calmatters.org/education/higher-education/college-beat-higher-education/2022/04/california-state-university-sexual-harassment/\">sexual harassment scandal\u003c/a> at California State University this year that led to the \u003ca href=\"https://calmatters.org/education/higher-education/2022/02/cal-state-chancellor-resigns/\">resignation of the university’s chancellor\u003c/a> and numerous reports of campus administrators \u003ca href=\"https://www.latimes.com/california/newsletter/2022-12-15/sexual-violence-harassment-racism-and-transphobia-csus-maritime-academy-essential-california\">mishandling Title IX cases\u003c/a> has focused attention on \u003ca href=\"https://calmatters.org/education/higher-education/college-beat-higher-education/2022/09/sexual-assault-support-advocates/\">how California colleges resolve such cases\u003c/a>. The federal civil rights law, which turned 50 this year, protects students from sex-based discrimination in schools, including sexual violence. Meanwhile, an influential committee of lawmakers and judges earlier this month recommended that the state give all \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2022/12/northern-california-earthquake-safety-debate/\">crime victims the right to participate in restorative justice programs\u003c/a>.\u003c/p>\n\u003cp>Preparing a successful restorative justice conference — also known as a restorative justice circle — can take months, said René Rivera, a facilitator for the Ahimsa Collective, a nonprofit that conducts them for Occidental students.\u003c/p>\n\u003cp>First, both parties must agree to participate. The facilitators meet separately with both parties, making sure they have support systems in place — therapists, friends, family. The survivor decides what they want the outcome of the circle to be, and the person who acknowledges causing harm starts to face up to what they’ve done. The accused is often asked to write a letter to the survivor, which may never be read to them, but can help the accused sort out their own feelings and take accountability before addressing the survivor face-to-face.\u003c/p>\n\u003cp>“It can take a long time to get to a place where everyone feels ready to meet each other and listen to each other,” said Rivera. “We as facilitators need to feel confident that there will not be more harm in bringing these two people together.”\u003c/p>\n\u003cp>The circle, which usually lasts several hours, is not over until the accused has made an apology and the survivor is able to ask any questions of the accused. The person who’s caused the harm then takes the steps the survivor has requested, which could include things like getting therapy, or quitting an extracurricular activity so the survivor doesn’t have to run into them on campus.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘What makes restorative justice work is that it’s addressing a deep systemic and historical prejudice that a lot of wrongdoings happen because of systemic oppression.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Gabi Jeakle, student, Loyola Marymount University","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Nationally, Rutgers University in New Jersey has been using restorative justice since 2016 — first to treat less-serious incidents such as alcohol violations and later in Title IX cases. Amy Miele, the university’s associate director of student affairs, compliance and Title IX, vividly remembers the first restorative justice conference she organized in a sexual assault case.\u003c/p>\n\u003cp>The student who had been assaulted chose restorative justice because “she did not want another man of color with a disciplinary record,” Miele said. “She said, ‘I want healing and justice and to be able to move on from this, I have a lot of questions I want answered, and I don’t feel comfortable going up to him on my own.’”\u003c/p>\n\u003cp>The parties met in a conference room, Miele said, sitting around a table stocked with water bottles, tissues, drawing paper, pens and snacks. But within a couple minutes, both students erupted with rage as the accused person grappled with the reality of what he had done, and the harmed person confronted her assaulter for the first time.\u003c/p>\n\u003cp>Miele and her team took a pause, allowing both students to calm down and giving them stress balls and water bottles to hold for the rest of the conference. Returning to the circle relaxed and prepared, the accused did something no one was expecting — he said, “I’m signing,” apologized and accepted full responsibility for his actions.\u003c/p>\n\u003cp>“In that moment when he looked them in the eyes and said, ‘I’m sorry,’ it was as if we could all breathe again, like the fog lifted,” Miele said. The survivor told Miele the process had restored her faith in humanity, Miele said.\u003c/p>\n\u003ch2>Evidence of success\u003c/h2>\n\u003cp>While there’s little data available about the effectiveness of restorative justice in preventing future sexual assaults, some studies of youth convicted of other crimes have shown that \u003ca href=\"https://www.capolicylab.org/impacts-of-make-it-right-program-on-recidivism/\">those who participate in restorative justice conferences are less likely to be rearrested\u003c/a>.\u003c/p>\n\u003cp>In a survey gauging Rutgers’ students’ satisfaction with the restorative justice process, one student accused of assault said, “The explorations of mine and (survivor’s) perspectives was done very well. I was shocked at times to hear things I had never even thought of.”\u003c/p>\n\u003cp>The conference “showed me a game plan that I could follow to alleviate the harm done to (Complainant) and to better myself,” another wrote.\u003c/p>\n\u003cp>Besides having the potential to increase reporting of sexual assaults, restorative justice is also a rejection of a racist criminal justice system in favor of something more equitable, said Domale Dube Keys, a former lecturer at the University of California Los Angeles who wrote a paper recommending that colleges offer restorative justice in Title IX cases.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘In terms of the parties’ satisfaction with the (restorative justice) process, it is leaps and bounds more than our typical investigation and hearing process.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Alexandra Fulcher, Title IX director, Occidental College","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“A restorative justice approach really is a way of recognizing that if we keep on this track of, ‘We need to police, we need to do this law-and-order approach to sexual violence,’ it’s people of color and gender non-conforming people that are going to suffer,” said Keys. “They are going to have less resources to go the legal route, less public support when it comes to believing their stories. It’s a way of recognizing that our system is flawed.”\u003c/p>\n\u003cp>Some Indigenous tribes have been practicing forms of restorative justice for generations. So when professors on Cal Poly Humboldt’s sexual assault prevention committee were considering using restorative justice for sexual misconduct, they took inspiration from the local Yurok tribe, whose members had experience using the practice to heal after domestic violence.\u003c/p>\n\u003cp>“In our community, the connections between us are so thick, when something bad happens to one of us, we all experience it in some way,” Blythe George, a Yurok tribal member and sociology professor at UC Merced, said in a presentation at Cal Poly Humboldt in April.\u003c/p>\n\u003cp>When a tribal member is banished, she said, “their songs go with them, the teachings that their parents and grandparents took the time to teach them … and that’s why it’s so important for us to have this restorative justice component, because we are actively reclaiming our people from a system that has done nothing but try to take us or kill us for the better part of centuries now.”\u003c/p>\n\u003ch2>Fair to survivors?\u003c/h2>\n\u003cp>But critics of using restorative justice for campus sexual assault cases say that the power dynamics are different.\u003c/p>\n\u003cp>“What makes restorative justice work is that it’s addressing a deep systemic and historical prejudice that a lot of wrongdoings happen because of systemic oppression,” said Gabi Jeakle, a student at Loyola Marymount University who has worked to improve the university’s Title IX resources and is herself a survivor. But statistically speaking, she said, much sexual assault happens at the hands of historically privileged people. “It’s oftentimes white men in fraternities harming women. It’s important to look at that context and say that’s not the same argument as someone who has been a victim of the school-to-prison pipeline.”\u003c/p>\n\u003cp>Jeakle acknowledged that for the colleges that are trying this, survivors get to choose whether to pursue restorative justice or a traditional investigation. But when you’ve recently undergone trauma, she said, “it can be difficult to know what you need.”\u003c/p>\n\u003cfigure id=\"attachment_11936490\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11936490\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-800x533.jpg\" alt=\"A young white woman with brown braided hair wearing a sweater looks at the camera.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/122322-gina-jeakle-2-DR-CM-copy.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Loyola Marymount University student Gabi Jeakle poses for a portrait at her home in Seattle, Washington on Dec. 23, 2022. \u003ccite>(David Ryder/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Federal law bars restorative justice in cases where a professor has assaulted or harassed a student. And potential power differentials between survivor and accused have also surfaced as an issue at Cal Poly Humboldt, where Maxwell Schnurer, a communications professor who chairs the university’s sexual assault prevention committee, said he’s concerned that restorative justice could lead to a “survivor being asked to take care of someone who had harmed them.”\u003c/p>\n\u003cp>Committee members have received training in restorative justice but said they haven’t yet decided whether it could work on their campus.\u003c/p>\n\u003cp>At UC Berkeley, restorative justice advocates were developing a separate pathway for handling cases outside the university’s Title IX office, said Julie Shackford-Bradley, director of the university’s Restorative Justice Center.\u003c/p>\n\u003cp>But they soon ran into a pitfall: A key tenet of restorative justice conferences is confidentiality. But most university employees — including those who would be running the conferences — are mandatory reporters, meaning that by law, they must tell the Title IX coordinator if they hear of any sexual harassment or assault happening on campus.\u003c/p>\n\u003cp>The center ended up scrapping the plan, Shackford-Bradley said, at least until the legal issues can be resolved.\u003c/p>\n\u003cp>Mandatory reporting has not been an issue at Occidental, said Fulcher, since any cases that are referred to the Ahimsa Collective have already been reported to the university’s Title IX office.\u003c/p>\n\u003cp>“In terms of the parties’ satisfaction with the (restorative justice) process, it is leaps and bounds more than our typical investigation and hearing process,” Fulcher said — in part because restorative justice gives both survivor and respondent more control over the outcome.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘In that moment when he looked them in the eyes and said, ‘I’m sorry,’ it was as if we could all breathe again, like the fog lifted.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Amy Miele, associate director of student affairs, Occidental College","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Rivera, the facilitator, said that Occidental’s experiment with restorative justice shows that “there’s an alternative (to punishment) and the alternative is to have a conversation that is actually as healing [as] possible for both parties, and where the person who has caused the harm is gonna be treated as a full human being in that process.”\u003c/p>\n\u003cp>“That’s something that personally gives me a lot of hope. If we can do that on college campuses, it feels so much more possible to start to have those kinds of alternatives in other areas.”\u003c/p>\n\u003cp>Even at California campuses where restorative justice conferences aren’t taking place, advocates for survivors are going beyond traditional Title IX investigations, finding ways to redress harm, involve the community and prevent future assaults.\u003c/p>\n\u003cp>UC Berkeley offers survivor circles, in which students can share their stories and build community with other sexual assault survivors.\u003c/p>\n\u003cp>And at Loyola Marymount, Jeakle is getting fraternities to contribute to a fund that supports survivors of sexual assault who need help with travel and medical expenses.\u003c/p>\n\u003cp>“You don’t want to forgive the entire institution because one individual apologizes,” she said. “Asking people to be part of a cultural shift is more important.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11936486/california-colleges-experiment-with-restorative-justice-in-sexual-assault-cases","authors":["byline_news_11936486"],"categories":["news_6188","news_8"],"tags":["news_32227","news_5568","news_18365","news_2700","news_1527","news_20618"],"affiliates":["news_18481"],"featImg":"news_11936492","label":"news_18481"},"news_11936438":{"type":"posts","id":"news_11936438","meta":{"index":"posts_1591205157","site":"news","id":"11936438","score":null,"sort":[1672268907000]},"guestAuthors":[],"slug":"former-california-prison-officer-accused-of-sexual-misconduct-against-multiple-inmates","title":"Former California Prison Officer Accused of Sexual Misconduct Against Multiple Incarcerated Women","publishDate":1672268907,"format":"standard","headTitle":"Former California Prison Officer Accused of Sexual Misconduct Against Multiple Incarcerated Women | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A former correctional officer at the biggest women’s prison in California has been accused of engaging in sexual misconduct against at least 22 women incarcerated there, state prison officials said Wednesday.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation said it has shared the results of an internal investigation into Gregory Rodriguez, a former officer at the Central California Women’s Facility, with the Madera County District Attorney’s Office. Charges have not yet been filed against Rodriguez, said Dana Simas, spokesperson for the corrections department.[aside label=\"Related Stories\" postID=\"news_11934072,news_11934639,news_11934758\"]Misconduct at the hands of prison officials “shatters the trust of the public,” Jeff Macomber, the corrections department’s secretary, said in a news release.\u003c/p>\n\u003cp>“We are continuing this investigation to ensure we are rooting out any employee who does not obey the law and to seek out other victims,” Macomber said.\u003c/p>\n\u003cp>The investigation began in July after officials discovered possible sexual misconduct by Rodriguez against women incarcerated at the Central California Women’s Facility, the department said. The prison is in Chowchilla, a California city about 120 miles southeast of San Francisco.\u003c/p>\n\u003cp>The corrections department said Rodriguez retired in August after he was approached about the investigation.\u003c/p>\n\u003cp>It’s the latest allegation of abuse by prison officials at facilities in California. An Associated Press \u003ca href=\"https://apnews.com/article/prisons-us-department-of-justice-united-states-government-ireland-and-politics-e68aaf2e4ead5c9bfb0659db46275405\">investigation\u003c/a> found that a high-ranking federal Bureau of Prisons official, who formerly worked at a women’s prison in the San Francisco Bay Area, was repeatedly promoted after allegations that he assaulted women incarcerated there. Another investigation found a \u003ca href=\"https://apnews.com/article/prisons-california-united-states-sexual-abuse-only-on-ap-d321ae51fe93dfd9d6e5754383a95801\">pattern of sexual abuse\u003c/a> by correctional officers at the women’s facility.[pullquote align=\"right\" size=\"medium\" citation=\"Jeff Macomber, secretary, CDCR\"]‘We are continuing this investigation to ensure we are rooting out any employee who does not obey the law and to seek out other victims.’[/pullquote]The state corrections department’s news release does not specify the type of conduct that Rodriguez allegedly engaged in. But the state’s allegations against Rodriguez come after lawyer Robert Chalfant filed two federal civil rights lawsuits in early December alleging that Rodriguez raped two women, who are known in the suits as Jane Doe and Jane Roe.\u003c/p>\n\u003cp>Federal court records did not list an attorney for Rodriguez, and attempts by The Associated Press to reach him through phone numbers found in public records were unsuccessful. The lawsuits were \u003ca href=\"https://www.sacbee.com/news/local/crime/article270470757.html\">first reported\u003c/a> by \u003cem>The Sacramento Bee\u003c/em>.\u003c/p>\n\u003cp>The district attorney’s office did not immediately respond to an email seeking comment. But Madera County District Attorney Sally Moreno told \u003cem>The Sacramento Bee\u003c/em> that her office received the results of the state’s internal investigation last week. She said her office is still reviewing the information.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"State prison officials have accused a former correctional officer at a California women's prison of engaging in sexual misconduct against at least 22 incarcerated women.","status":"publish","parent":0,"modified":1690402845,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":10,"wordCount":473},"headData":{"title":"Former California Prison Officer Accused of Sexual Misconduct Against Multiple Incarcerated Women | KQED","description":"State prison officials have accused a former correctional officer at a California women's prison of engaging in sexual misconduct against at least 22 incarcerated women.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Former California Prison Officer Accused of Sexual Misconduct Against Multiple Incarcerated Women","datePublished":"2022-12-28T23:08:27.000Z","dateModified":"2023-07-26T20:20:45.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"Sophie Austin\u003cbr>The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11936438/former-california-prison-officer-accused-of-sexual-misconduct-against-multiple-inmates","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A former correctional officer at the biggest women’s prison in California has been accused of engaging in sexual misconduct against at least 22 women incarcerated there, state prison officials said Wednesday.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation said it has shared the results of an internal investigation into Gregory Rodriguez, a former officer at the Central California Women’s Facility, with the Madera County District Attorney’s Office. Charges have not yet been filed against Rodriguez, said Dana Simas, spokesperson for the corrections department.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11934072,news_11934639,news_11934758"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Misconduct at the hands of prison officials “shatters the trust of the public,” Jeff Macomber, the corrections department’s secretary, said in a news release.\u003c/p>\n\u003cp>“We are continuing this investigation to ensure we are rooting out any employee who does not obey the law and to seek out other victims,” Macomber said.\u003c/p>\n\u003cp>The investigation began in July after officials discovered possible sexual misconduct by Rodriguez against women incarcerated at the Central California Women’s Facility, the department said. The prison is in Chowchilla, a California city about 120 miles southeast of San Francisco.\u003c/p>\n\u003cp>The corrections department said Rodriguez retired in August after he was approached about the investigation.\u003c/p>\n\u003cp>It’s the latest allegation of abuse by prison officials at facilities in California. An Associated Press \u003ca href=\"https://apnews.com/article/prisons-us-department-of-justice-united-states-government-ireland-and-politics-e68aaf2e4ead5c9bfb0659db46275405\">investigation\u003c/a> found that a high-ranking federal Bureau of Prisons official, who formerly worked at a women’s prison in the San Francisco Bay Area, was repeatedly promoted after allegations that he assaulted women incarcerated there. Another investigation found a \u003ca href=\"https://apnews.com/article/prisons-california-united-states-sexual-abuse-only-on-ap-d321ae51fe93dfd9d6e5754383a95801\">pattern of sexual abuse\u003c/a> by correctional officers at the women’s facility.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We are continuing this investigation to ensure we are rooting out any employee who does not obey the law and to seek out other victims.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jeff Macomber, secretary, CDCR","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The state corrections department’s news release does not specify the type of conduct that Rodriguez allegedly engaged in. But the state’s allegations against Rodriguez come after lawyer Robert Chalfant filed two federal civil rights lawsuits in early December alleging that Rodriguez raped two women, who are known in the suits as Jane Doe and Jane Roe.\u003c/p>\n\u003cp>Federal court records did not list an attorney for Rodriguez, and attempts by The Associated Press to reach him through phone numbers found in public records were unsuccessful. The lawsuits were \u003ca href=\"https://www.sacbee.com/news/local/crime/article270470757.html\">first reported\u003c/a> by \u003cem>The Sacramento Bee\u003c/em>.\u003c/p>\n\u003cp>The district attorney’s office did not immediately respond to an email seeking comment. But Madera County District Attorney Sally Moreno told \u003cem>The Sacramento Bee\u003c/em> that her office received the results of the state’s internal investigation last week. She said her office is still reviewing the information.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11936438/former-california-prison-officer-accused-of-sexual-misconduct-against-multiple-inmates","authors":["byline_news_11936438"],"categories":["news_6188","news_8"],"tags":["news_32222","news_1629","news_32223","news_5568","news_20618"],"featImg":"news_11936442","label":"news"},"news_11935859":{"type":"posts","id":"news_11935859","meta":{"index":"posts_1591205157","site":"news","id":"11935859","score":null,"sort":[1671638447000]},"guestAuthors":[],"slug":"a-shot-at-justice-lawsuits-mount-over-sexual-abuse-in-california-schools-as-end-of-year-deadline-approaches","title":"A Shot at Justice: Lawsuits Mount Over Sexual Abuse in California Schools as End-of-Year Deadline Approaches","publishDate":1671638447,"format":"standard","headTitle":"A Shot at Justice: Lawsuits Mount Over Sexual Abuse in California Schools as End-of-Year Deadline Approaches | KQED","labelTerm":{"site":"news"},"content":"\u003cp>When Daniela attended Bell High School in Southeast Los Angeles County in the mid ‘90s, she was a student in Jeffrey Scott Jones’ Advanced Placement English class. As a teenager, she trusted him, and did not yet know the control he would have over her life for years into adulthood.\u003c/p>\n\u003cp>Daniela, now 43, is one of three former students who married Jones, and one of five victims who say he sexually abused them when they were minors. \u003ca href=\"https://www.andersonadvocates.com/wp-content/uploads/2022/11/DOE-7064-DOE-7035-DOE-7063-v.-Los-Angeles-Unified-School-District-Jeffrey-Scott-Jones-et-al.-11.8.22.pdf\">She is now suing him (PDF)\u003c/a> and the Los Angeles Unified School District over claims that school leaders never investigated or notified police after multiple reports of misconduct. Daniela, who asked that we not use her legal name, spoke to KQED on the condition of anonymity because of fears about her safety.\u003c/p>\n\u003cp>“We were seen as poor kids, like we didn’t matter,” she said of her classmates, many of whom she said grew up in poverty. “But we do matter, and somebody should care.”[aside label=\"Related Stories\" postID=\"news_11921799,news_11911375,news_11928350\"]\u003c/p>\n\u003cp>Daniela and countless others who say they were sexually abused as children are now able to file their claims in court because of a California state law that went into effect in 2020. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB218\">Assembly Bill 218\u003c/a>, or the California Child Victims Act, temporarily gives victims the chance to bring claims that would otherwise be barred because of the statute of limitations.\u003c/p>\n\u003cp>The measure provides a three-year window in which victims of childhood sexual abuse can file complaints against perpetrators or their employers, regardless of how long ago the abuse occurred. That three-year window closes on Dec. 31.\u003c/p>\n\u003cp>Attorneys who handle abuse claims are urging victims in older cases to come forward before that date. If they wait, it could become harder — or, in some instances, impossible — to hold individuals or their employers accountable through the civil court system.\u003c/p>\n\u003ch2>A pattern of abuse\u003c/h2>\n\u003cp>Advocates for survivors say the extended statute of limitations offers an opportunity to force schools to reckon with historic wrongs through financial pressure. They also say it reflects \u003ca href=\"https://www.nationalcac.org/wp-content/uploads/2016/10/Disclosure-of-child-sexual-abuse-Delays-non-disclosures-and-partial-disclosures.-What-the-research-tells-us-and-implications-for-practice.pdf\">the reality that many victims do not report childhood abuse (PDF)\u003c/a> until years or decades later, if at all.\u003c/p>\n\u003cp>Experts say victims may fear retaliation, or may not initially recognize what they experienced as abuse.\u003c/p>\n\u003cp>Daniela says that when she was in high school, everyone adored Jones — including her. She and other students would go to his classroom just to talk. She says she told him everything, and even confided in him that she had been sexually abused by a family member.\u003c/p>\n\u003cp>According to the lawsuit, Jones targeted young girls who were vulnerable for abuse. He instructed students to take personality tests and send him journal entries, and read students’ palms as a way to see their reaction to physical touch.\u003c/p>\n\u003cp>Daniela says she moved in with Jones when she was 17 years old, and the abuse began days later. She says she was in denial for years afterward.\u003c/p>\n\u003cp>“If you really thought it was so bad, you would’ve screamed and yelled and told everybody. No,” she said, remembering her own thought process. “Sometimes we process things by accepting them and accepting them and accepting them.”\u003c/p>\n\u003cfigure id=\"attachment_11936017\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11936017\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-800x533.jpg\" alt=\"a high school building with columns and steps and a green lawn against a blue sky\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Los Gatos High School is part of the Los Gatos-Saratoga Union High School District, which in October settled with a former student for nearly $3.5 million following a suit about alleged abuse by former track coach Chioke Robinson in the 1990s. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to the lawsuit, Daniela told a teacher about her relationship with Jones. The suit also alleges the sibling of another victim reported Jones to the principal after he married her sister. But school staff did not investigate the allegations or report him to the police, the lawsuit alleges. Instead, according to the suit, Jones worked in the district for decades, moving from school to school.\u003c/p>\n\u003cp>Jones was convicted of sexually assaulting a 13-year-old in 2016.\u003c/p>\n\u003cp>A Los Angeles Unified spokesperson declined to comment on the litigation, but said that the safety and well-being of students and employees remains the district’s top priority.\u003c/p>\n\u003ch2>More lawsuits pour in\u003c/h2>\n\u003cp>That suit is one of dozens, if not hundreds, of lawsuits filed against school districts across the state over the last three years because of the law that temporarily set aside the statute of limitations.\u003c/p>\n\u003cp>According to an analysis from the firms Greenberg Gross LLP and Jeff Anderson and Associates, nearly 70 lawsuits have been filed against the Los Angeles Unified School District alone.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Sean Tillis, attorney, Tillis Law Firm\"]‘The clergy cases get all the attention, but … the school cases that we see are only the tip of the iceberg.’[/pullquote]That number is likely an undercount of claims filed against the district, according to Mike Reck, attorney with Jeff Anderson and Associates.\u003c/p>\n\u003cp>“It really is a testament to how deep this problem is,” Reck said.\u003c/p>\n\u003cp>The lawsuits highlight instances where children did try to tell adults in schools they were abused by school employees, but officials failed to protect students or notify law enforcement or other agencies.\u003c/p>\n\u003cp>“The clergy cases get all the attention, but I’m telling you, the school cases that we see are only the tip of the iceberg,” said Sean Tillis, an attorney with the Oakland-based Tillis Law Firm who handles sexual abuse cases.\u003c/p>\n\u003cp>He said that, in some cases, the publicity on the extended statute has motivated people to consider legal options — even if they never have before.\u003c/p>\n\u003cp>“They’re in denial, so they’re not going to know what a sex abuse statute is. They never think ‘litigation.’ They’re trying not to even think ‘abuse,'” he said.\u003c/p>\n\u003cp>Brian Williams, attorney with Greenberg Gross LLP, says that as the Dec. 31 deadline looms for older cases, victims continue to call his office daily to see if they have legal options.\u003c/p>\n\u003cp>“The calls haven’t stopped,” he said.\u003c/p>\n\u003ch2>Bay Area school districts settle for millions\u003c/h2>\n\u003cp>Most civil cases against school districts will end in settlements, forcing schools to pay millions of dollars to victims for abuse by school employees. Some already have.\u003c/p>\n\u003cp>Lauren Cerri, attorney with San José-based Corsiglia, McMahon and Allard, represented five men who recently reached a $7.5 million settlement with the Union School District over abuse by a teacher 40 years ago.\u003c/p>\n\u003cfigure id=\"attachment_11936015\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11936015\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-800x533.jpg\" alt=\"a woman dressed in black with curly red hair sits on a mustard-colored sofa. She looks concerned\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Attorney Lauren Cerri at her office in San José. Cerri has represented several victims who successfully brought lawsuits against their former high schools and school districts for not appropriately responding to allegations of abuse. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cerri also represented a former student who reached a nearly $3.5 million settlement with the Los Gatos-Saratoga Union High School District in October. When a victim in that case first approached her office about the school’s response to alleged abuse by former track coach Chioke Robinson in the 1990s, it was too late. Then AB 218 extended the statute of limitations, allowing the case to move forward.\u003c/p>\n\u003cp>“If [people] come forward now, justice will more likely prevail,” Cerri said.\u003c/p>\n\u003cp>She said if people wait until after Dec. 31, when the three-year window is set to close, “their chances are sadly and arbitrarily a lot less.”\u003c/p>\n\u003ch2>A last stand\u003c/h2>\n\u003cp>The California Child Victims Act also created permanent changes that allow people under the age of 40 the opportunity to sue. Before that, victims had until the age of 26 to file civil cases for childhood sexual abuse.\u003c/p>\n\u003cp>That change gives many more victims a shot at justice.\u003c/p>\n\u003cp>Three former students at Miramonte High School in Orinda filed a lawsuit this month against the school and the Acalanes Union High School District. The students, who attended the school from 2007 to 2009, allege that school staff ignored red flags of grooming behavior and failed to investigate after students reported allegations of abuse.\u003c/p>\n\u003cp>According to the complaint, Mark Christopher Litton taught English at Miramonte and targeted vulnerable girls who were passionate about writing, reading and poetry. He was sentenced in 2010 to two years in prison after pleading no contest to sexual abuse.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"'Jane Doe 2,' on learning that a teacher she had reported for harassment continued to teach and was ultimately arrested for sexually abusing another student\"]‘It felt like I had lost. I had failed. I had not protected anybody else except for myself, and that was a terrible feeling.’[/pullquote]In a statement, Acalanes Union High School District superintendent John Nickerson said the district is “extremely concerned to read the allegations related to how the District/school responded, or failed to respond.”\u003c/p>\n\u003cp>One of the victims, identified as Jane Doe 2 in court documents, asked not to be identified to protect her privacy, including from the teacher she says groomed and assaulted her while she was in high school.\u003c/p>\n\u003cp>In an interview with KQED, she described how students at Miramonte High School were expected to be perfect and excel.\u003c/p>\n\u003cp>“Nothing bad could ever happen. And if it did, there were plenty of ways to cover things up,” she said.\u003c/p>\n\u003cp>She said Litton was well-loved on campus, and initially a mentor for her. But by senior year, the teacher’s behavior became more alarming. She said Litton described dreaming about her at night and left notes on her car. She said her classmates worried about her safety.\u003c/p>\n\u003cfigure id=\"attachment_11936016\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11936016\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-800x533.jpg\" alt=\"a yearbook photo shows a young man with a beard and glasses in a sweater vest, a teacher \" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former Miramonte High School teacher Mark Litton pictured in a yearbook from the school in Orinda. Litton was sentenced in 2010 to two years in prison after pleading no contest to sexual abuse. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When she reported his behavior as well as concerns that he had sexually assaulted another classmate, she said school staff told her not to worry and that the school would look into it. When she graduated, she felt like she had won by making it through high school. Then in 2009, she learned that the teacher had been arrested for sexually abusing another student.\u003c/p>\n\u003cp>“It felt like I had lost. I had failed. I had not protected anybody else except for myself, and that was a terrible feeling. I remember dropping to my knees and throwing up,” she said.\u003c/p>\n\u003cp>Now 31, she’s roughly the age her teacher was when he allegedly groomed and assaulted her on campus. She is still working through the long-term impact of the abuse, and says pursuing this case has been terrifying and empowering at the same time.\u003c/p>\n\u003cp>This lawsuit, she says, has finally given her a chance to gain some control over her experience and get answers from the school.\u003c/p>\n\u003cp>“As an adult, there are so many things that I was able to look back on and see differently than as a child,” she said. “It was a last stand to acknowledge what had happened, and to potentially right a wrong and get closure.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A state law that went into effect in 2020 opened a three-year window for victims to file claims that would otherwise be barred because of the statute of limitations — and dozens, if not hundreds, of lawsuits have been brought against school districts as a result.","status":"publish","parent":0,"modified":1690402890,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":1870},"headData":{"title":"A Shot at Justice: Lawsuits Mount Over Sexual Abuse in California Schools as End-of-Year Deadline Approaches | KQED","description":"A state law that went into effect in 2020 opened a three-year window for victims to file claims that would otherwise be barred because of the statute of limitations — and dozens, if not hundreds, of lawsuits have been brought against school districts as a result.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"A Shot at Justice: Lawsuits Mount Over Sexual Abuse in California Schools as End-of-Year Deadline Approaches","datePublished":"2022-12-21T16:00:47.000Z","dateModified":"2023-07-26T20:21:30.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11935859/a-shot-at-justice-lawsuits-mount-over-sexual-abuse-in-california-schools-as-end-of-year-deadline-approaches","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Daniela attended Bell High School in Southeast Los Angeles County in the mid ‘90s, she was a student in Jeffrey Scott Jones’ Advanced Placement English class. As a teenager, she trusted him, and did not yet know the control he would have over her life for years into adulthood.\u003c/p>\n\u003cp>Daniela, now 43, is one of three former students who married Jones, and one of five victims who say he sexually abused them when they were minors. \u003ca href=\"https://www.andersonadvocates.com/wp-content/uploads/2022/11/DOE-7064-DOE-7035-DOE-7063-v.-Los-Angeles-Unified-School-District-Jeffrey-Scott-Jones-et-al.-11.8.22.pdf\">She is now suing him (PDF)\u003c/a> and the Los Angeles Unified School District over claims that school leaders never investigated or notified police after multiple reports of misconduct. Daniela, who asked that we not use her legal name, spoke to KQED on the condition of anonymity because of fears about her safety.\u003c/p>\n\u003cp>“We were seen as poor kids, like we didn’t matter,” she said of her classmates, many of whom she said grew up in poverty. “But we do matter, and somebody should care.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11921799,news_11911375,news_11928350"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Daniela and countless others who say they were sexually abused as children are now able to file their claims in court because of a California state law that went into effect in 2020. \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB218\">Assembly Bill 218\u003c/a>, or the California Child Victims Act, temporarily gives victims the chance to bring claims that would otherwise be barred because of the statute of limitations.\u003c/p>\n\u003cp>The measure provides a three-year window in which victims of childhood sexual abuse can file complaints against perpetrators or their employers, regardless of how long ago the abuse occurred. That three-year window closes on Dec. 31.\u003c/p>\n\u003cp>Attorneys who handle abuse claims are urging victims in older cases to come forward before that date. If they wait, it could become harder — or, in some instances, impossible — to hold individuals or their employers accountable through the civil court system.\u003c/p>\n\u003ch2>A pattern of abuse\u003c/h2>\n\u003cp>Advocates for survivors say the extended statute of limitations offers an opportunity to force schools to reckon with historic wrongs through financial pressure. They also say it reflects \u003ca href=\"https://www.nationalcac.org/wp-content/uploads/2016/10/Disclosure-of-child-sexual-abuse-Delays-non-disclosures-and-partial-disclosures.-What-the-research-tells-us-and-implications-for-practice.pdf\">the reality that many victims do not report childhood abuse (PDF)\u003c/a> until years or decades later, if at all.\u003c/p>\n\u003cp>Experts say victims may fear retaliation, or may not initially recognize what they experienced as abuse.\u003c/p>\n\u003cp>Daniela says that when she was in high school, everyone adored Jones — including her. She and other students would go to his classroom just to talk. She says she told him everything, and even confided in him that she had been sexually abused by a family member.\u003c/p>\n\u003cp>According to the lawsuit, Jones targeted young girls who were vulnerable for abuse. He instructed students to take personality tests and send him journal entries, and read students’ palms as a way to see their reaction to physical touch.\u003c/p>\n\u003cp>Daniela says she moved in with Jones when she was 17 years old, and the abuse began days later. She says she was in denial for years afterward.\u003c/p>\n\u003cp>“If you really thought it was so bad, you would’ve screamed and yelled and told everybody. No,” she said, remembering her own thought process. “Sometimes we process things by accepting them and accepting them and accepting them.”\u003c/p>\n\u003cfigure id=\"attachment_11936017\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11936017\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-800x533.jpg\" alt=\"a high school building with columns and steps and a green lawn against a blue sky\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS50357_011_LosGatos_HighSchool_07212021-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Los Gatos High School is part of the Los Gatos-Saratoga Union High School District, which in October settled with a former student for nearly $3.5 million following a suit about alleged abuse by former track coach Chioke Robinson in the 1990s. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>According to the lawsuit, Daniela told a teacher about her relationship with Jones. The suit also alleges the sibling of another victim reported Jones to the principal after he married her sister. But school staff did not investigate the allegations or report him to the police, the lawsuit alleges. Instead, according to the suit, Jones worked in the district for decades, moving from school to school.\u003c/p>\n\u003cp>Jones was convicted of sexually assaulting a 13-year-old in 2016.\u003c/p>\n\u003cp>A Los Angeles Unified spokesperson declined to comment on the litigation, but said that the safety and well-being of students and employees remains the district’s top priority.\u003c/p>\n\u003ch2>More lawsuits pour in\u003c/h2>\n\u003cp>That suit is one of dozens, if not hundreds, of lawsuits filed against school districts across the state over the last three years because of the law that temporarily set aside the statute of limitations.\u003c/p>\n\u003cp>According to an analysis from the firms Greenberg Gross LLP and Jeff Anderson and Associates, nearly 70 lawsuits have been filed against the Los Angeles Unified School District alone.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The clergy cases get all the attention, but … the school cases that we see are only the tip of the iceberg.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Sean Tillis, attorney, Tillis Law Firm","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>That number is likely an undercount of claims filed against the district, according to Mike Reck, attorney with Jeff Anderson and Associates.\u003c/p>\n\u003cp>“It really is a testament to how deep this problem is,” Reck said.\u003c/p>\n\u003cp>The lawsuits highlight instances where children did try to tell adults in schools they were abused by school employees, but officials failed to protect students or notify law enforcement or other agencies.\u003c/p>\n\u003cp>“The clergy cases get all the attention, but I’m telling you, the school cases that we see are only the tip of the iceberg,” said Sean Tillis, an attorney with the Oakland-based Tillis Law Firm who handles sexual abuse cases.\u003c/p>\n\u003cp>He said that, in some cases, the publicity on the extended statute has motivated people to consider legal options — even if they never have before.\u003c/p>\n\u003cp>“They’re in denial, so they’re not going to know what a sex abuse statute is. They never think ‘litigation.’ They’re trying not to even think ‘abuse,'” he said.\u003c/p>\n\u003cp>Brian Williams, attorney with Greenberg Gross LLP, says that as the Dec. 31 deadline looms for older cases, victims continue to call his office daily to see if they have legal options.\u003c/p>\n\u003cp>“The calls haven’t stopped,” he said.\u003c/p>\n\u003ch2>Bay Area school districts settle for millions\u003c/h2>\n\u003cp>Most civil cases against school districts will end in settlements, forcing schools to pay millions of dollars to victims for abuse by school employees. Some already have.\u003c/p>\n\u003cp>Lauren Cerri, attorney with San José-based Corsiglia, McMahon and Allard, represented five men who recently reached a $7.5 million settlement with the Union School District over abuse by a teacher 40 years ago.\u003c/p>\n\u003cfigure id=\"attachment_11936015\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11936015\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-800x533.jpg\" alt=\"a woman dressed in black with curly red hair sits on a mustard-colored sofa. She looks concerned\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61701_001_KQED_AttorneyLaurenCerri_12192022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Attorney Lauren Cerri at her office in San José. Cerri has represented several victims who successfully brought lawsuits against their former high schools and school districts for not appropriately responding to allegations of abuse. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Cerri also represented a former student who reached a nearly $3.5 million settlement with the Los Gatos-Saratoga Union High School District in October. When a victim in that case first approached her office about the school’s response to alleged abuse by former track coach Chioke Robinson in the 1990s, it was too late. Then AB 218 extended the statute of limitations, allowing the case to move forward.\u003c/p>\n\u003cp>“If [people] come forward now, justice will more likely prevail,” Cerri said.\u003c/p>\n\u003cp>She said if people wait until after Dec. 31, when the three-year window is set to close, “their chances are sadly and arbitrarily a lot less.”\u003c/p>\n\u003ch2>A last stand\u003c/h2>\n\u003cp>The California Child Victims Act also created permanent changes that allow people under the age of 40 the opportunity to sue. Before that, victims had until the age of 26 to file civil cases for childhood sexual abuse.\u003c/p>\n\u003cp>That change gives many more victims a shot at justice.\u003c/p>\n\u003cp>Three former students at Miramonte High School in Orinda filed a lawsuit this month against the school and the Acalanes Union High School District. The students, who attended the school from 2007 to 2009, allege that school staff ignored red flags of grooming behavior and failed to investigate after students reported allegations of abuse.\u003c/p>\n\u003cp>According to the complaint, Mark Christopher Litton taught English at Miramonte and targeted vulnerable girls who were passionate about writing, reading and poetry. He was sentenced in 2010 to two years in prison after pleading no contest to sexual abuse.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It felt like I had lost. I had failed. I had not protected anybody else except for myself, and that was a terrible feeling.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"'Jane Doe 2,' on learning that a teacher she had reported for harassment continued to teach and was ultimately arrested for sexually abusing another student","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In a statement, Acalanes Union High School District superintendent John Nickerson said the district is “extremely concerned to read the allegations related to how the District/school responded, or failed to respond.”\u003c/p>\n\u003cp>One of the victims, identified as Jane Doe 2 in court documents, asked not to be identified to protect her privacy, including from the teacher she says groomed and assaulted her while she was in high school.\u003c/p>\n\u003cp>In an interview with KQED, she described how students at Miramonte High School were expected to be perfect and excel.\u003c/p>\n\u003cp>“Nothing bad could ever happen. And if it did, there were plenty of ways to cover things up,” she said.\u003c/p>\n\u003cp>She said Litton was well-loved on campus, and initially a mentor for her. But by senior year, the teacher’s behavior became more alarming. She said Litton described dreaming about her at night and left notes on her car. She said her classmates worried about her safety.\u003c/p>\n\u003cfigure id=\"attachment_11936016\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11936016\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-800x533.jpg\" alt=\"a yearbook photo shows a young man with a beard and glasses in a sweater vest, a teacher \" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/12/RS61721_001_KQED_MiramonteHS_12202022-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former Miramonte High School teacher Mark Litton pictured in a yearbook from the school in Orinda. Litton was sentenced in 2010 to two years in prison after pleading no contest to sexual abuse. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When she reported his behavior as well as concerns that he had sexually assaulted another classmate, she said school staff told her not to worry and that the school would look into it. When she graduated, she felt like she had won by making it through high school. Then in 2009, she learned that the teacher had been arrested for sexually abusing another student.\u003c/p>\n\u003cp>“It felt like I had lost. I had failed. I had not protected anybody else except for myself, and that was a terrible feeling. I remember dropping to my knees and throwing up,” she said.\u003c/p>\n\u003cp>Now 31, she’s roughly the age her teacher was when he allegedly groomed and assaulted her on campus. She is still working through the long-term impact of the abuse, and says pursuing this case has been terrifying and empowering at the same time.\u003c/p>\n\u003cp>This lawsuit, she says, has finally given her a chance to gain some control over her experience and get answers from the school.\u003c/p>\n\u003cp>“As an adult, there are so many things that I was able to look back on and see differently than as a child,” she said. “It was a last stand to acknowledge what had happened, and to potentially right a wrong and get closure.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11935859/a-shot-at-justice-lawsuits-mount-over-sexual-abuse-in-california-schools-as-end-of-year-deadline-approaches","authors":["11635"],"categories":["news_18540","news_6188","news_8"],"tags":["news_32196","news_30911","news_5568","news_1527","news_2838"],"featImg":"news_11936014","label":"news"},"news_11899955":{"type":"posts","id":"news_11899955","meta":{"index":"posts_1591205157","site":"news","id":"11899955","score":null,"sort":[1640284213000]},"guestAuthors":[],"slug":"when-banks-turned-their-backs-on-them-some-adult-entertainment-workers-turned-to-cryptocurrency","title":"When Banks Turned Their Backs on Them, Some Adult Entertainment Workers Turned to Cryptocurrency","publishDate":1640284213,"format":"standard","headTitle":"When Banks Turned Their Backs on Them, Some Adult Entertainment Workers Turned to Cryptocurrency | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Alexandria LaRue became a sex worker in 2012, posting photos and videos on Backpage, \u003ca href=\"https://www.washingtonpost.com/news/morning-mix/wp/2017/01/10/backpage-com-shuts-down-adult-services-ads-after-relentless-pressure-from-authorities/\">a now-defunct classified advertising website that gained notoriety for its adult-themed content\u003c/a>.\u003c/p>\n\u003cp>Almost immediately after LaRue — who uses the pronoun “they” — started doing this work, Bank of America closed their account and seized the more than $2,000 that was in it. Bank of America and other large banks \u003ca href=\"https://www.bankofamerica.com/deposits/deposit-holds-faqs/\">are allowed to freeze deposits or entire accounts\u003c/a> if they believe fraud or suspicious activity is occurring.\u003c/p>\n\u003cp>“It feels like nothing is a safe space or a safe place, especially when it comes to finances,” LaRue, who posted pornographic videos online, said. “Even though \u003ca href=\"https://www.law.cornell.edu/wex/pornography#\">the work I do is 1,000 percent legal\u003c/a>, it doesn’t mean they won’t shut down my account or they won’t take my money away.”\u003c/p>\n\u003cp>Backpage started processing payments in cryptocurrency soon after \u003ca href=\"https://www.buzzfeednews.com/article/matthewzeitlin/backpagecom-cut-off-from-credit-card-networks\">Visa and Mastercard cut off ties with the website in 2015\u003c/a> as allegations grew that it was complicit in sex trafficking. Finally in 2018, \u003ca href=\"https://www.justice.gov/opa/pr/justice-department-leads-effort-seize-backpagecom-internet-s-leading-forum-prostitution-ads\">the Department of Justice seized the website and shut it down for “facilitating prostitution.”\u003c/a>\u003c/p>\n\u003ch3>The limits of traditional banking\u003c/h3>\n\u003cp>A few days after the end of Backpage, Congress \u003ca href=\"https://www.govinfo.gov/content/pkg/PLAW-115publ164/pdf/PLAW-115publ164.pdf\">passed a series of bills into law aimed at curbing sex trafficking.\u003c/a>\u003c/p>\n\u003cp>The laws, known as the Allow States and Victims To Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), attempted to shut down websites that facilitated sex trafficking online by increasing liability for third-party platforms — like Pornhub, RedTube and others — if they hosted content which played any role in facilitating sex trafficking or other illegal activities.\u003c/p>\n\u003cp>[aside postID=\"arts_13897823\" hero=\"https://ww2.kqed.org/app/uploads/sites/2/2021/06/nft-artists-composite.jpg\"]Sex workers and advocates for the industry warned that, while the laws were well-intentioned and addressed an important problem, the laws were too vaguely written and could harm sex workers and porn performers conducting their business legally.\u003c/p>\n\u003cp>Sure enough, in the years that followed, \u003ca href=\"https://lgbtq-economics.org/research/shut-down-shut-out/?fbclid=IwAR2G-691ykt7zDId3KGheoFdLujwbZP_rYhcEE1NSjFWF77_eFXfdlcouJw\">banks like JP Morgan Chase and Bank of America cracked down on sex workers\u003c/a> using their financial services and shut down many accounts, for fear of being perceived to be complicit by federal regulators.\u003c/p>\n\u003cp>“Folks had their accounts closed by either banks or fintech companies that also frequently froze the money they had in those accounts, and they had difficulties getting that back,” said Spencer Watson, Executive Director of the Center for LGBTQ Economic Advancement and Research (CLEAR), a Bay-Area based advocacy group. “Some were completely unable to get that back or some had to wait weeks or more in order to have the check from the proceeds of their bank account delivered to them.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Alexandria LaRue, Sex worker\"]‘Even though the work I do is 1,000 percent legal, it doesn’t mean [banks] won’t shut down my account or they won’t take my money away.’[/pullquote]In 2019, the Sex Workers Outreach Project’s (SWOP) Sacramento branch and non-profit Reframe Health + Justice \u003ca href=\"https://lgbtq-economics.org/research/shut-down-shut-out/?fbclid=IwAR2G-691ykt7zDId3KGheoFdLujwbZP_rYhcEE1NSjFWF77_eFXfdlcouJw\">conducted a national survey of more than 60 sex workers and their experiences with traditional banking systems\u003c/a>. Almost half of the respondents said they had their accounts closed or denied by national banks and almost a third were told their account had been closed for a violation of the company’s terms and conditions of service.\u003c/p>\n\u003cp>“These companies have a strong profit motive and they’re also risk-averse,” Watson said. “And so the risk of dealing with individuals who work in sex work or in adult professions and businesses is a really strong deterrent for them to actually provide service.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch3>“This is the future, this is where stuff is going to go”\u003c/h3>\n\u003cp>LaRue, also a Chapter Director for SWOP, felt like cryptocurrency was the only way to secure their financial future.\u003c/p>\n\u003cp>“I just integrated it into part of my life because I knew this is the future, this is where stuff is going to go,” they said. “There was information about it online, of course, and I spent a lot of time on Reddit trying to educate myself on what it is, how it works.”\u003c/p>\n\u003cp>Cryptocurrency-focused entrepreneurs saw an underserved market in the adult entertainment industry. Startups have popped up with snappy names like CumRocket, TitCoin and Model-X. Until federal regulators start to write laws that take into account cryptocurrency, these companies can operate outside the rules traditional banks must follow.\u003c/p>\n\u003cp>[aside postID=\"news_11860999\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/02/Protest_1-1-1020x573.png\"]When banks like JP Morgan Chase and Bank of America do provide service to adult entertainment websites, they often \u003ca href=\"https://www.ft.com/content/a6b5f2ca-daeb-483f-8004-d8189d99ded3\">charge high rates, because of a high frequency of “chargebacks,”\u003c/a> when a customer disputes a charge on their account statement and claims the charge was made fraudulently.\u003c/p>\n\u003cp>Cryptocurrency, on the other hand, is immutable, so it can’t be disputed or taken back. Once a payment is made, it’s accounted for on the distributed ledger and is set in stone. Adult entertainment sites that accept cryptocurrency, instead of payment from traditional banks, don’t have to pay high fees from those cryptocurrency platforms and therefore don’t pass along the cost to the performers who post their content on their sites.\u003c/p>\n\u003cp>LaRue was one of the early adopters of SpankChain, a website on which adult entertainers can post explicit pictures and videos and get paid for their work in cryptocurrency. The company launched BOOTY ERC20, which has a lower volatility in value than a cryptocurrency coin like Bitcoin or Ether. It also recently launched Spank Pop Shots, where customers can buy one-of-a-kind digital, erotic pictures of models and performers called nonfungible tokens (NFTs).\u003c/p>\n\u003cp>But cryptocurrency still remains a mystery to many porn performers looking for alternative banking solutions.\u003c/p>\n\u003cp>Sage the Flame, a performer based in Atlanta, started out in adult entertainment by posting erotic pictures on Snapchat. She handled money through PayPal, but the company eventually flagged her account for suspicious activity.\u003c/p>\n\u003cp>[aside postID=\"arts_13901451\" hero=\"https://ww2.kqed.org/app/uploads/sites/2/2021/08/022_SanFrancisco_TransgenderDistrictStaff_07292021-1020x680.jpg\"]“I guess my account got flagged just because of the small frequent payments that were happening on my account,” Sage said. “And they were just like, this is against our terms of service. You’re banned for life.”\u003c/p>\n\u003cp>The company held almost $2,000 in her account for six months. Sage had to ask family members for help to cover bills and rent payments. After getting her money back, Sage decided to turn to OnlyFans to post content. She found it easy to use and was pleased to see a specialized payment platform built into the website.\u003c/p>\n\u003cp>“It definitely made the whole process of keeping fans engaged, selling them content, interacting with them — it definitely made that process a lot easier and a lot more streamlined,” Sage said.\u003c/p>\n\u003cp>When the pandemic hit, Sage’s popularity on OnlyFans skyrocketed and she was able to make a steady income from her channel. But then in August, OnlyFans announced it would have to start banning sexually explicit content because of pressure from credit card companies and banks.\u003c/p>\n\u003cp>https://twitter.com/OnlyFans/status/1429117407340240902?s=20\u003c/p>\n\u003cp>Sage started looking for other websites she could post her content to. The company reversed its decision six days later, but Sage and other performers no longer trusted the platform.\u003c/p>\n\u003cp>“It feels like the rug has been pulled up under us,” she said. “Why are we so disposable as a community? Why are we being discarded like this?”\u003c/p>\n\u003cp>Now Sage is working to diversify her platforms and post content to other sites. She asks customers to pay her on other financial platforms and keep the memo tab blank so her account doesn’t get flagged. But she’s not ready to switch to crypto.\u003c/p>\n\u003cp>“Unfortunately, cryptocurrency is not a convenient payment that everyone is accepting or everyone knows how to use,” she said.\u003c/p>\n\u003ch3>\u003cstrong>“Crypto is \u003cem>a\u003c/em> solution, not \u003cem>the\u003c/em> solution” \u003c/strong>\u003c/h3>\n\u003cp>Allie Knox, a fetish and porn performer, was one of the first performers to accept cryptocurrency payments exclusively and is one of the loudest voices in the sex work cryptocurrency space. She started shooting porn in 2014 and almost immediately got shut out from payment apps including PayPal, Square, Cash App and Stripe.\u003c/p>\n\u003cp>Left with no other choice, Knox started using cryptocurrency. She signed up with Coinbase, one of the largest crypto exchange platforms, and quickly became an expert in how to invest in the crypto market.\u003c/p>\n\u003cp>[aside label ='Related Stories' tag='technology']Knox believed in cryptocurrency’s promise to provide financial services to everyone, regardless of their profession, but that belief shattered when CoinBase blocked her account in 2016 for “suspicious activity.” CoinBase has since \u003ca href=\"https://www.coinbase.com/legal/user_agreement/united_states#appendix-1-prohibited-use-prohibited-businesses-and-conditional-use\">prohibited the use of accounts connected with adult content and services\u003c/a>, even though the production and distribution of pornography is legal.\u003c/p>\n\u003cp>“Technology is never going to solve these social issues and that’s really what this is,” she said.\u003c/p>\n\u003cp>She helped launch SpankChain and now serves as an advisor to the company. But Knox says there are real challenges with using cryptocurrency and getting an entire industry to come on board. She says it’s difficult to use and not as accessible as it promises to be.\u003c/p>\n\u003cp>“I have lost a lot of money in addition to making a lot of money. Crypto is a solution, not the solution,” Knox said.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Ever since Congress passed a series of laws in 2018, it's been difficult for adult entertainment and sex workers to find platforms that will provide them with financial services. But cryptocurrencies are stepping in to fill that gap.","status":"publish","parent":0,"modified":1690402271,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1648},"headData":{"title":"When Banks Turned Their Backs on Them, Some Adult Entertainment Workers Turned to Cryptocurrency | KQED","description":"Ever since Congress passed a series of laws in 2018, it's been difficult for adult entertainment and sex workers to find platforms that will provide them with financial services. But cryptocurrencies are stepping in to fill that gap.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"When Banks Turned Their Backs on Them, Some Adult Entertainment Workers Turned to Cryptocurrency","datePublished":"2021-12-23T18:30:13.000Z","dateModified":"2023-07-26T20:11:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/0d6a6301-b722-4564-85b4-adfe0137e44e/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11899955/when-banks-turned-their-backs-on-them-some-adult-entertainment-workers-turned-to-cryptocurrency","audioDuration":209000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alexandria LaRue became a sex worker in 2012, posting photos and videos on Backpage, \u003ca href=\"https://www.washingtonpost.com/news/morning-mix/wp/2017/01/10/backpage-com-shuts-down-adult-services-ads-after-relentless-pressure-from-authorities/\">a now-defunct classified advertising website that gained notoriety for its adult-themed content\u003c/a>.\u003c/p>\n\u003cp>Almost immediately after LaRue — who uses the pronoun “they” — started doing this work, Bank of America closed their account and seized the more than $2,000 that was in it. Bank of America and other large banks \u003ca href=\"https://www.bankofamerica.com/deposits/deposit-holds-faqs/\">are allowed to freeze deposits or entire accounts\u003c/a> if they believe fraud or suspicious activity is occurring.\u003c/p>\n\u003cp>“It feels like nothing is a safe space or a safe place, especially when it comes to finances,” LaRue, who posted pornographic videos online, said. “Even though \u003ca href=\"https://www.law.cornell.edu/wex/pornography#\">the work I do is 1,000 percent legal\u003c/a>, it doesn’t mean they won’t shut down my account or they won’t take my money away.”\u003c/p>\n\u003cp>Backpage started processing payments in cryptocurrency soon after \u003ca href=\"https://www.buzzfeednews.com/article/matthewzeitlin/backpagecom-cut-off-from-credit-card-networks\">Visa and Mastercard cut off ties with the website in 2015\u003c/a> as allegations grew that it was complicit in sex trafficking. Finally in 2018, \u003ca href=\"https://www.justice.gov/opa/pr/justice-department-leads-effort-seize-backpagecom-internet-s-leading-forum-prostitution-ads\">the Department of Justice seized the website and shut it down for “facilitating prostitution.”\u003c/a>\u003c/p>\n\u003ch3>The limits of traditional banking\u003c/h3>\n\u003cp>A few days after the end of Backpage, Congress \u003ca href=\"https://www.govinfo.gov/content/pkg/PLAW-115publ164/pdf/PLAW-115publ164.pdf\">passed a series of bills into law aimed at curbing sex trafficking.\u003c/a>\u003c/p>\n\u003cp>The laws, known as the Allow States and Victims To Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), attempted to shut down websites that facilitated sex trafficking online by increasing liability for third-party platforms — like Pornhub, RedTube and others — if they hosted content which played any role in facilitating sex trafficking or other illegal activities.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"arts_13897823","hero":"https://ww2.kqed.org/app/uploads/sites/2/2021/06/nft-artists-composite.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Sex workers and advocates for the industry warned that, while the laws were well-intentioned and addressed an important problem, the laws were too vaguely written and could harm sex workers and porn performers conducting their business legally.\u003c/p>\n\u003cp>Sure enough, in the years that followed, \u003ca href=\"https://lgbtq-economics.org/research/shut-down-shut-out/?fbclid=IwAR2G-691ykt7zDId3KGheoFdLujwbZP_rYhcEE1NSjFWF77_eFXfdlcouJw\">banks like JP Morgan Chase and Bank of America cracked down on sex workers\u003c/a> using their financial services and shut down many accounts, for fear of being perceived to be complicit by federal regulators.\u003c/p>\n\u003cp>“Folks had their accounts closed by either banks or fintech companies that also frequently froze the money they had in those accounts, and they had difficulties getting that back,” said Spencer Watson, Executive Director of the Center for LGBTQ Economic Advancement and Research (CLEAR), a Bay-Area based advocacy group. “Some were completely unable to get that back or some had to wait weeks or more in order to have the check from the proceeds of their bank account delivered to them.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Even though the work I do is 1,000 percent legal, it doesn’t mean [banks] won’t shut down my account or they won’t take my money away.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Alexandria LaRue, Sex worker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In 2019, the Sex Workers Outreach Project’s (SWOP) Sacramento branch and non-profit Reframe Health + Justice \u003ca href=\"https://lgbtq-economics.org/research/shut-down-shut-out/?fbclid=IwAR2G-691ykt7zDId3KGheoFdLujwbZP_rYhcEE1NSjFWF77_eFXfdlcouJw\">conducted a national survey of more than 60 sex workers and their experiences with traditional banking systems\u003c/a>. Almost half of the respondents said they had their accounts closed or denied by national banks and almost a third were told their account had been closed for a violation of the company’s terms and conditions of service.\u003c/p>\n\u003cp>“These companies have a strong profit motive and they’re also risk-averse,” Watson said. “And so the risk of dealing with individuals who work in sex work or in adult professions and businesses is a really strong deterrent for them to actually provide service.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>“This is the future, this is where stuff is going to go”\u003c/h3>\n\u003cp>LaRue, also a Chapter Director for SWOP, felt like cryptocurrency was the only way to secure their financial future.\u003c/p>\n\u003cp>“I just integrated it into part of my life because I knew this is the future, this is where stuff is going to go,” they said. “There was information about it online, of course, and I spent a lot of time on Reddit trying to educate myself on what it is, how it works.”\u003c/p>\n\u003cp>Cryptocurrency-focused entrepreneurs saw an underserved market in the adult entertainment industry. Startups have popped up with snappy names like CumRocket, TitCoin and Model-X. Until federal regulators start to write laws that take into account cryptocurrency, these companies can operate outside the rules traditional banks must follow.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11860999","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/02/Protest_1-1-1020x573.png","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>When banks like JP Morgan Chase and Bank of America do provide service to adult entertainment websites, they often \u003ca href=\"https://www.ft.com/content/a6b5f2ca-daeb-483f-8004-d8189d99ded3\">charge high rates, because of a high frequency of “chargebacks,”\u003c/a> when a customer disputes a charge on their account statement and claims the charge was made fraudulently.\u003c/p>\n\u003cp>Cryptocurrency, on the other hand, is immutable, so it can’t be disputed or taken back. Once a payment is made, it’s accounted for on the distributed ledger and is set in stone. Adult entertainment sites that accept cryptocurrency, instead of payment from traditional banks, don’t have to pay high fees from those cryptocurrency platforms and therefore don’t pass along the cost to the performers who post their content on their sites.\u003c/p>\n\u003cp>LaRue was one of the early adopters of SpankChain, a website on which adult entertainers can post explicit pictures and videos and get paid for their work in cryptocurrency. The company launched BOOTY ERC20, which has a lower volatility in value than a cryptocurrency coin like Bitcoin or Ether. It also recently launched Spank Pop Shots, where customers can buy one-of-a-kind digital, erotic pictures of models and performers called nonfungible tokens (NFTs).\u003c/p>\n\u003cp>But cryptocurrency still remains a mystery to many porn performers looking for alternative banking solutions.\u003c/p>\n\u003cp>Sage the Flame, a performer based in Atlanta, started out in adult entertainment by posting erotic pictures on Snapchat. She handled money through PayPal, but the company eventually flagged her account for suspicious activity.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"arts_13901451","hero":"https://ww2.kqed.org/app/uploads/sites/2/2021/08/022_SanFrancisco_TransgenderDistrictStaff_07292021-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I guess my account got flagged just because of the small frequent payments that were happening on my account,” Sage said. “And they were just like, this is against our terms of service. You’re banned for life.”\u003c/p>\n\u003cp>The company held almost $2,000 in her account for six months. Sage had to ask family members for help to cover bills and rent payments. After getting her money back, Sage decided to turn to OnlyFans to post content. She found it easy to use and was pleased to see a specialized payment platform built into the website.\u003c/p>\n\u003cp>“It definitely made the whole process of keeping fans engaged, selling them content, interacting with them — it definitely made that process a lot easier and a lot more streamlined,” Sage said.\u003c/p>\n\u003cp>When the pandemic hit, Sage’s popularity on OnlyFans skyrocketed and she was able to make a steady income from her channel. But then in August, OnlyFans announced it would have to start banning sexually explicit content because of pressure from credit card companies and banks.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1429117407340240902"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Sage started looking for other websites she could post her content to. The company reversed its decision six days later, but Sage and other performers no longer trusted the platform.\u003c/p>\n\u003cp>“It feels like the rug has been pulled up under us,” she said. “Why are we so disposable as a community? Why are we being discarded like this?”\u003c/p>\n\u003cp>Now Sage is working to diversify her platforms and post content to other sites. She asks customers to pay her on other financial platforms and keep the memo tab blank so her account doesn’t get flagged. But she’s not ready to switch to crypto.\u003c/p>\n\u003cp>“Unfortunately, cryptocurrency is not a convenient payment that everyone is accepting or everyone knows how to use,” she said.\u003c/p>\n\u003ch3>\u003cstrong>“Crypto is \u003cem>a\u003c/em> solution, not \u003cem>the\u003c/em> solution” \u003c/strong>\u003c/h3>\n\u003cp>Allie Knox, a fetish and porn performer, was one of the first performers to accept cryptocurrency payments exclusively and is one of the loudest voices in the sex work cryptocurrency space. She started shooting porn in 2014 and almost immediately got shut out from payment apps including PayPal, Square, Cash App and Stripe.\u003c/p>\n\u003cp>Left with no other choice, Knox started using cryptocurrency. She signed up with Coinbase, one of the largest crypto exchange platforms, and quickly became an expert in how to invest in the crypto market.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"technology"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Knox believed in cryptocurrency’s promise to provide financial services to everyone, regardless of their profession, but that belief shattered when CoinBase blocked her account in 2016 for “suspicious activity.” CoinBase has since \u003ca href=\"https://www.coinbase.com/legal/user_agreement/united_states#appendix-1-prohibited-use-prohibited-businesses-and-conditional-use\">prohibited the use of accounts connected with adult content and services\u003c/a>, even though the production and distribution of pornography is legal.\u003c/p>\n\u003cp>“Technology is never going to solve these social issues and that’s really what this is,” she said.\u003c/p>\n\u003cp>She helped launch SpankChain and now serves as an advisor to the company. But Knox says there are real challenges with using cryptocurrency and getting an entire industry to come on board. She says it’s difficult to use and not as accessible as it promises to be.\u003c/p>\n\u003cp>“I have lost a lot of money in addition to making a lot of money. Crypto is a solution, not the solution,” Knox said.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11899955/when-banks-turned-their-backs-on-them-some-adult-entertainment-workers-turned-to-cryptocurrency","authors":["11672"],"categories":["news_8"],"tags":["news_30421","news_1905","news_21368","news_22758","news_22757","news_29720","news_27626","news_2619","news_30424","news_5568","news_17827","news_30423","news_20502","news_23210","news_353","news_30422","news_17623","news_1631"],"featImg":"news_11900172","label":"news"},"news_11789655":{"type":"posts","id":"news_11789655","meta":{"index":"posts_1591205157","site":"news","id":"11789655","score":null,"sort":[1575510935000]},"guestAuthors":[],"slug":"more-women-allege-sexual-assault-by-lyft-drivers-say-company-didnt-protect-them","title":"More Women Allege Sexual Assault by Lyft Drivers, Say Company Didn’t Protect Them","publishDate":1575510935,"format":"standard","headTitle":"More Women Allege Sexual Assault by Lyft Drivers, Say Company Didn’t Protect Them | KQED","labelTerm":{},"content":"\u003cp>Twenty women are suing San Francisco-based Lyft, alleging they were sexually abused by their drivers and accusing the ride-hail company of ignoring their complaints, attorneys for the victims said Wednesday.\u003c/p>\n\u003cp>The alleged assaults, which include rape and groping, happened across the country in states including California, New York, Tennessee and Ohio. Some of the women reported the attacks to police; ultimately, some of their attackers were charged and at least three of them pleaded guilty while one was found guilty. Many of the women reported the assaults to Lyft, with some saying saying they didn’t get updates from the company about their complaints.\u003c/p>\n\u003cp>Eight of the women were assaulted after Lyft was \u003ca href=\"https://www.kqed.org/news/11772148/14-women-allegedly-assaulted-by-lyft-drivers-sue-the-company\">sued by another group of 14 women\u003c/a> in San Francisco in early September. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In the latest lawsuit filed Wednesday in San Francisco Superior Court, attorneys accuse Lyft of inadequate safety precautions and screening of its drivers, and failure of its app to meet minimum consumer safety expectations.\u003c/p>\n\u003cp>“During the last three months, Lyft had ample opportunity to make changes to ensure the safety of female passengers,” said attorney Mike Bomberger, of the Estey & Bomberger law firm, which filed both lawsuits. “But instead of protecting women, the company chose to invest in a costly public relations campaign with no regard to safety.”\u003c/p>\n\u003cp>[aside postID=news_11772148,news_11773435]One week after attorneys filed the lawsuit in September, the company \u003ca href=\"https://www.kqed.org/news/11773435/lyft-announces-new-safety-features-following-sexual-assault-lawsuit\">released new safety features\u003c/a> on its app. The changes include asking riders and drivers if they’re OK, if their ride has unexplained delays, an in-app “Call 911” button and mandatory driver training.\u003c/p>\n\u003cp>On Wednesday, a Lyft spokesperson said the company had launched more than 15 new safety features, including criminal background monitoring of its drivers and mandatory feedback for rides rated less than four stars “to ensure we are constantly tracking any level of problematic behavior by drivers.”\u003c/p>\n\u003cp>[pullquote size='small' align='right' citation='Mike Bomberger, attorney for the victims']‘Eight of the women that are part of this lawsuit had their incident occur after these [Lyft safety] features were in play.’[/pullquote]“Our work on safety is never done, and we will continue to invest in new features, protocols, and policies to ensure Lyft is the safest form of transportation for our riders and drivers,” the spokesperson said in a statement.\u003c/p>\n\u003cp>But Bomberger rejected those efforts, calling them “gimmicks” that “don’t work.”\u003c/p>\n\u003cp>“We know because eight of the women that are part of this lawsuit had their incident occur after these [Lyft safety] features were in play,” he said at a press conference.\u003c/p>\n\u003cp>Thirteen of the women in the latest lawsuit chose to remain anonymous, and are identified as Jane Roe.\u003c/p>\n\u003cp>One of the victims, Jane Roe 2, said Lyft’s new safety features would not have helped her the night she was raped while on a ride in Massachusetts.\u003c/p>\n\u003cp>“My cell reception was low,” she said. “So anything they have that’s phone-based would not have worked in my case.”\u003c/p>\n\u003cp>The victims are seeking damages to cover past and future medical expenses, according to the lawsuit.\u003c/p>\n\u003cp>According to the earlier lawsuit, attorneys uncovered 100 cases of reported sexual assault by Lyft drivers in California over a one-year period between 2015 and 2016.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Twenty women are suing San Francisco-based Lyft, alleging they were sexually abused by drivers and accusing the company of ignoring their complaints. A separate group of 14 women sued Lyft over similar issues in September.","status":"publish","parent":0,"modified":1690403607,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":570},"headData":{"title":"More Women Allege Sexual Assault by Lyft Drivers, Say Company Didn’t Protect Them | KQED","description":"Twenty women are suing San Francisco-based Lyft, alleging they were sexually abused by drivers and accusing the company of ignoring their complaints. A separate group of 14 women sued Lyft over similar issues in September.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"More Women Allege Sexual Assault by Lyft Drivers, Say Company Didn’t Protect Them","datePublished":"2019-12-05T01:55:35.000Z","dateModified":"2023-07-26T20:33:27.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"News","sourceUrl":"http://www.kqed.org/news/","path":"/news/11789655/more-women-allege-sexual-assault-by-lyft-drivers-say-company-didnt-protect-them","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Twenty women are suing San Francisco-based Lyft, alleging they were sexually abused by their drivers and accusing the ride-hail company of ignoring their complaints, attorneys for the victims said Wednesday.\u003c/p>\n\u003cp>The alleged assaults, which include rape and groping, happened across the country in states including California, New York, Tennessee and Ohio. Some of the women reported the attacks to police; ultimately, some of their attackers were charged and at least three of them pleaded guilty while one was found guilty. Many of the women reported the assaults to Lyft, with some saying saying they didn’t get updates from the company about their complaints.\u003c/p>\n\u003cp>Eight of the women were assaulted after Lyft was \u003ca href=\"https://www.kqed.org/news/11772148/14-women-allegedly-assaulted-by-lyft-drivers-sue-the-company\">sued by another group of 14 women\u003c/a> in San Francisco in early September. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the latest lawsuit filed Wednesday in San Francisco Superior Court, attorneys accuse Lyft of inadequate safety precautions and screening of its drivers, and failure of its app to meet minimum consumer safety expectations.\u003c/p>\n\u003cp>“During the last three months, Lyft had ample opportunity to make changes to ensure the safety of female passengers,” said attorney Mike Bomberger, of the Estey & Bomberger law firm, which filed both lawsuits. “But instead of protecting women, the company chose to invest in a costly public relations campaign with no regard to safety.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11772148,news_11773435","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>One week after attorneys filed the lawsuit in September, the company \u003ca href=\"https://www.kqed.org/news/11773435/lyft-announces-new-safety-features-following-sexual-assault-lawsuit\">released new safety features\u003c/a> on its app. The changes include asking riders and drivers if they’re OK, if their ride has unexplained delays, an in-app “Call 911” button and mandatory driver training.\u003c/p>\n\u003cp>On Wednesday, a Lyft spokesperson said the company had launched more than 15 new safety features, including criminal background monitoring of its drivers and mandatory feedback for rides rated less than four stars “to ensure we are constantly tracking any level of problematic behavior by drivers.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Eight of the women that are part of this lawsuit had their incident occur after these [Lyft safety] features were in play.’","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Mike Bomberger, attorney for the victims","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Our work on safety is never done, and we will continue to invest in new features, protocols, and policies to ensure Lyft is the safest form of transportation for our riders and drivers,” the spokesperson said in a statement.\u003c/p>\n\u003cp>But Bomberger rejected those efforts, calling them “gimmicks” that “don’t work.”\u003c/p>\n\u003cp>“We know because eight of the women that are part of this lawsuit had their incident occur after these [Lyft safety] features were in play,” he said at a press conference.\u003c/p>\n\u003cp>Thirteen of the women in the latest lawsuit chose to remain anonymous, and are identified as Jane Roe.\u003c/p>\n\u003cp>One of the victims, Jane Roe 2, said Lyft’s new safety features would not have helped her the night she was raped while on a ride in Massachusetts.\u003c/p>\n\u003cp>“My cell reception was low,” she said. “So anything they have that’s phone-based would not have worked in my case.”\u003c/p>\n\u003cp>The victims are seeking damages to cover past and future medical expenses, according to the lawsuit.\u003c/p>\n\u003cp>According to the earlier lawsuit, attorneys uncovered 100 cases of reported sexual assault by Lyft drivers in California over a one-year period between 2015 and 2016.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11789655/more-women-allege-sexual-assault-by-lyft-drivers-say-company-didnt-protect-them","authors":["11310","257"],"programs":["news_72"],"categories":["news_6188","news_8","news_248","news_1397"],"tags":["news_5568","news_4524","news_23667","news_1527"],"featImg":"news_11789662","label":"source_news_11789655"},"news_11787969":{"type":"posts","id":"news_11787969","meta":{"index":"posts_1591205157","site":"news","id":"11787969","score":null,"sort":[1574383533000]},"guestAuthors":[],"slug":"california-lawmaker-to-propose-ban-on-sending-unwanted-nude-photos","title":"California Lawmaker to Propose Ban on Sending Unwanted Nude Photos","publishDate":1574383533,"format":"standard","headTitle":"California Lawmaker to Propose Ban on Sending Unwanted Nude Photos | KQED","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>When she was first elected to the California Assembly, Ling Ling Chang publicly posted her cellphone number to get feedback from her constituents.\u003c/p>\n\u003cp>It worked, but it came with a dark side effect: unwanted nude photos from strangers.\u003c/p>\n\u003cp>Exposing yourself on the street is a crime, but the law is less clear when it happens in the digital realm. Earlier this year, \u003ca href=\"https://apnews.com/7e6192f8c06a4b36acdcc705a76b2fdb\" rel=\"noopener noreferrer\" target=\"_blank\">Texas outlawed\u003c/a> sending unwanted nude photos to people through dating apps or other digital means, making it a Class C misdemeanor with a fine of up to $500.\u003c/p>\n\u003cp>Now Chang, who has since been elected to the state Senate, wants to make sending unsolicited lewd photos illegal in California. The senator announced Thursday that she was partnering with the dating app Bumble to introduce legislation in January when state lawmakers return to work.\u003c/p>\n\u003cp>“I’d say 95% of the women I have talked to have experienced something like this,” said Chang, a Republican whose district includes portions of Los Angeles, Orange and San Bernardino counties. “We have to send a message that this culture of online harassment must go.”\u003c/p>\n\u003cp>[pullquote citation=\"Whitney Wolfe, Bumble CEO\"]‘Sending somebody a photo of yourself in an indecent manner in an unsolicited fashion is harassment, plain and simple.’[/pullquote]\u003c/p>\n\u003cp>A survey by the Pew Research Center in 2017 found 21% of women ages 18 to 29 have reported being sexually harassed online compared to 9% of men in that same age group. About 53% of those women said they had been sent unwanted explicit photos.\u003c/p>\n\u003cp>Like most states, California outlaws “revenge porn.” But that law applies to when someone posts a nude photo online of someone else with the intent “to cause emotional distress.” California also outlaws stalking using electronic devices such as cellphones, but the law does not specifically address unwanted nude or lewd photos.\u003c/p>\n\u003cp>In 2017, then-California Gov. Jerry Brown signed a law requiring online dating apps to post safety tips, including ways to report concerns.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bumble CEO Whitney Wolfe Herd worked to get the Texas law passed earlier this year.\u003c/p>\n\u003cp>“Sending somebody a photo of yourself in an indecent manner in an unsolicited fashion is harassment, plain and simple,” Herd said. “It’s a gateway to more extreme forms of harassment and abuse and it should not be taken lightly, and it deserves consequences.”\u003c/p>\n\u003cp>[aside tag= \"sexting\" label=\"Related Content\"]Bumble says it has 80 million users worldwide. It is like other dating apps, but it only allows women to initiate conversations with potential partners. The company says this eliminates most unwanted, aggressive behavior from men toward women.\u003c/p>\n\u003cp>In an interview, Herd acknowledged unwanted lewd photos still happen, but said it is not limited to Bumble and is an issue across the digital landscape. She noted it’s also a problem for women whose cellphone settings allow for unsolicited messages from others nearby.\u003c/p>\n\u003cp>Earlier this year, Bumble was one of several dating apps to begin using artificial intelligence to detect nude photos. The app will blur the images and give the recipient a chance to view it or delete it. Users can also report the person who sent it.\u003c/p>\n\u003cp>After getting the law passed in Texas, Herd said she wanted to bring it to California “to show that this is a nonpartisan issue.”\u003c/p>\n\u003cp>“This is a human issue,” she said.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"State Sen. Ling Ling Chang plans to propose a law in January that would make sending unwanted lewd photos a crime punishable by a fine.","status":"publish","parent":0,"modified":1690401818,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":575},"headData":{"title":"California Lawmaker to Propose Ban on Sending Unwanted Nude Photos | KQED","description":"State Sen. Ling Ling Chang plans to propose a law in January that would make sending unwanted lewd photos a crime punishable by a fine.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Lawmaker to Propose Ban on Sending Unwanted Nude Photos","datePublished":"2019-11-22T00:45:33.000Z","dateModified":"2023-07-26T20:03:38.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"Adam Beam\u003cbr>The Associated Press","path":"/news/11787969/california-lawmaker-to-propose-ban-on-sending-unwanted-nude-photos","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When she was first elected to the California Assembly, Ling Ling Chang publicly posted her cellphone number to get feedback from her constituents.\u003c/p>\n\u003cp>It worked, but it came with a dark side effect: unwanted nude photos from strangers.\u003c/p>\n\u003cp>Exposing yourself on the street is a crime, but the law is less clear when it happens in the digital realm. Earlier this year, \u003ca href=\"https://apnews.com/7e6192f8c06a4b36acdcc705a76b2fdb\" rel=\"noopener noreferrer\" target=\"_blank\">Texas outlawed\u003c/a> sending unwanted nude photos to people through dating apps or other digital means, making it a Class C misdemeanor with a fine of up to $500.\u003c/p>\n\u003cp>Now Chang, who has since been elected to the state Senate, wants to make sending unsolicited lewd photos illegal in California. The senator announced Thursday that she was partnering with the dating app Bumble to introduce legislation in January when state lawmakers return to work.\u003c/p>\n\u003cp>“I’d say 95% of the women I have talked to have experienced something like this,” said Chang, a Republican whose district includes portions of Los Angeles, Orange and San Bernardino counties. “We have to send a message that this culture of online harassment must go.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Sending somebody a photo of yourself in an indecent manner in an unsolicited fashion is harassment, plain and simple.’","name":"pullquote","attributes":{"named":{"citation":"Whitney Wolfe, Bumble CEO","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A survey by the Pew Research Center in 2017 found 21% of women ages 18 to 29 have reported being sexually harassed online compared to 9% of men in that same age group. About 53% of those women said they had been sent unwanted explicit photos.\u003c/p>\n\u003cp>Like most states, California outlaws “revenge porn.” But that law applies to when someone posts a nude photo online of someone else with the intent “to cause emotional distress.” California also outlaws stalking using electronic devices such as cellphones, but the law does not specifically address unwanted nude or lewd photos.\u003c/p>\n\u003cp>In 2017, then-California Gov. Jerry Brown signed a law requiring online dating apps to post safety tips, including ways to report concerns.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Bumble CEO Whitney Wolfe Herd worked to get the Texas law passed earlier this year.\u003c/p>\n\u003cp>“Sending somebody a photo of yourself in an indecent manner in an unsolicited fashion is harassment, plain and simple,” Herd said. “It’s a gateway to more extreme forms of harassment and abuse and it should not be taken lightly, and it deserves consequences.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"sexting","label":"Related Content "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Bumble says it has 80 million users worldwide. It is like other dating apps, but it only allows women to initiate conversations with potential partners. The company says this eliminates most unwanted, aggressive behavior from men toward women.\u003c/p>\n\u003cp>In an interview, Herd acknowledged unwanted lewd photos still happen, but said it is not limited to Bumble and is an issue across the digital landscape. She noted it’s also a problem for women whose cellphone settings allow for unsolicited messages from others nearby.\u003c/p>\n\u003cp>Earlier this year, Bumble was one of several dating apps to begin using artificial intelligence to detect nude photos. The app will blur the images and give the recipient a chance to view it or delete it. Users can also report the person who sent it.\u003c/p>\n\u003cp>After getting the law passed in Texas, Herd said she wanted to bring it to California “to show that this is a nonpartisan issue.”\u003c/p>\n\u003cp>“This is a human issue,” she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11787969/california-lawmaker-to-propose-ban-on-sending-unwanted-nude-photos","authors":["byline_news_11787969"],"programs":["news_72"],"categories":["news_8","news_13"],"tags":["news_27051","news_21892","news_5568","news_24650"],"featImg":"news_11788011","label":"news_72"},"news_11773435":{"type":"posts","id":"news_11773435","meta":{"index":"posts_1591205157","site":"news","id":"11773435","score":null,"sort":[1568159302000]},"guestAuthors":[],"slug":"lyft-announces-new-safety-features-following-sexual-assault-lawsuit","title":"Lyft Announces New Safety Features Following Sexual Assault Lawsuit","publishDate":1568159302,"format":"standard","headTitle":"Lyft Announces New Safety Features Following Sexual Assault Lawsuit | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Lyft has announced that the company will release new safety features on its app Tuesday, less than a week after it was \u003ca href=\"https://www.kqed.org/news/11772148/14-women-allegedly-assaulted-by-lyft-drivers-sue-the-company\">sued\u003c/a> by 14 women allegedly assaulted by drivers.\u003c/p>\n\u003cp>The changes include asking riders and drivers if they’re OK if their ride has unexplained delays, an in-app “Call 911” button and mandatory driver training.\u003c/p>\n\u003cp>A check-in feature will roll out later this year, according \u003ca href=\"https://blog.lyft.com/posts/reinforcing-lyfts-commitment-to-safety\">to Lyft\u003c/a>. If a ride has unexplained delays, a window will pop up on the app asking if the passenger or driver is all right. The passenger or driver will have the option to report an issue to Lyft or request emergency assistance from law enforcement. Lyft would not contact law enforcement on their behalf if the driver or rider don’t confirm they’re OK.\u003c/p>\n\u003cp>When calling 911 from the app, which Lyft said is available today, it will display the car’s current location and vehicle information to pass along to dispatchers.\u003c/p>\n\u003cfigure id=\"attachment_11773503\" class=\"wp-caption alignright\" style=\"max-width: 250px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/rider911_small.gif\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11773503\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/rider911_small.gif\" alt=\"An image of how riders can now call 911 through the Lyft app.\" width=\"250\" height=\"510\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Riders can now call 911 through the Lyft app. \u003ccite>(Courtesy Lyft)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Lyft also announced all drivers will be required to participate in sexual assault prevention training through the app, according to a spokeswoman.\u003c/p>\n\u003cp>“The onus is on all of us to learn from any incident, whether it occurs on our platform or not, and then work to help prevent them,” Lyft president and co-founder John Zimmer said in a statement. “Today, we’re taking further action toward our goal of making Lyft the safest form of transportation for everyone.”\u003c/p>\n\u003cp>Attorneys who\u003ca href=\"https://www.kqed.org/news/11772148/14-women-allegedly-assaulted-by-lyft-drivers-sue-the-company\"> filed a lawsuit\u003c/a> last week on behalf of 14 women allegedly sexually assaulted by Lyft drivers say these changes are inadequate and a “cheap public relations stunt.”\u003c/p>\n\u003cp>Their lawsuit alleges Lyft is acting negligently by not doing enough to prevent assaults by its drivers and not cooperating with law enforcement. They argue Lyft does this because it has a financial incentive to recruit as many drivers as possible.\u003c/p>\n\u003cp>Attorney Michael Bomberger argues Lyft should be doing more, like video recording each ride.\u003c/p>\n\u003cp>“Nearly 100 percent of the responsibility for the safety measures is for the victim themself preventing their own assault,” Bomberger said. “How’s a woman gonna, once an assault starts, grab their phone and start to do these things, especially if they’re intoxicated and/or they’ve been sleeping? It’s just not gonna work.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The changes include asking riders and drivers if they're OK if their ride has unexplained delays, an in-app \"Call 911\" button and mandatory anti-sexual assault training for all drivers.","status":"publish","parent":0,"modified":1690402957,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":415},"headData":{"title":"Lyft Announces New Safety Features Following Sexual Assault Lawsuit | KQED","description":"The changes include asking riders and drivers if they're OK if their ride has unexplained delays, an in-app "Call 911" button and mandatory anti-sexual assault training for all drivers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Lyft Announces New Safety Features Following Sexual Assault Lawsuit","datePublished":"2019-09-10T23:48:22.000Z","dateModified":"2023-07-26T20:22:37.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"path":"/news/11773435/lyft-announces-new-safety-features-following-sexual-assault-lawsuit","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Lyft has announced that the company will release new safety features on its app Tuesday, less than a week after it was \u003ca href=\"https://www.kqed.org/news/11772148/14-women-allegedly-assaulted-by-lyft-drivers-sue-the-company\">sued\u003c/a> by 14 women allegedly assaulted by drivers.\u003c/p>\n\u003cp>The changes include asking riders and drivers if they’re OK if their ride has unexplained delays, an in-app “Call 911” button and mandatory driver training.\u003c/p>\n\u003cp>A check-in feature will roll out later this year, according \u003ca href=\"https://blog.lyft.com/posts/reinforcing-lyfts-commitment-to-safety\">to Lyft\u003c/a>. If a ride has unexplained delays, a window will pop up on the app asking if the passenger or driver is all right. The passenger or driver will have the option to report an issue to Lyft or request emergency assistance from law enforcement. Lyft would not contact law enforcement on their behalf if the driver or rider don’t confirm they’re OK.\u003c/p>\n\u003cp>When calling 911 from the app, which Lyft said is available today, it will display the car’s current location and vehicle information to pass along to dispatchers.\u003c/p>\n\u003cfigure id=\"attachment_11773503\" class=\"wp-caption alignright\" style=\"max-width: 250px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/rider911_small.gif\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11773503\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/rider911_small.gif\" alt=\"An image of how riders can now call 911 through the Lyft app.\" width=\"250\" height=\"510\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Riders can now call 911 through the Lyft app. \u003ccite>(Courtesy Lyft)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Lyft also announced all drivers will be required to participate in sexual assault prevention training through the app, according to a spokeswoman.\u003c/p>\n\u003cp>“The onus is on all of us to learn from any incident, whether it occurs on our platform or not, and then work to help prevent them,” Lyft president and co-founder John Zimmer said in a statement. “Today, we’re taking further action toward our goal of making Lyft the safest form of transportation for everyone.”\u003c/p>\n\u003cp>Attorneys who\u003ca href=\"https://www.kqed.org/news/11772148/14-women-allegedly-assaulted-by-lyft-drivers-sue-the-company\"> filed a lawsuit\u003c/a> last week on behalf of 14 women allegedly sexually assaulted by Lyft drivers say these changes are inadequate and a “cheap public relations stunt.”\u003c/p>\n\u003cp>Their lawsuit alleges Lyft is acting negligently by not doing enough to prevent assaults by its drivers and not cooperating with law enforcement. They argue Lyft does this because it has a financial incentive to recruit as many drivers as possible.\u003c/p>\n\u003cp>Attorney Michael Bomberger argues Lyft should be doing more, like video recording each ride.\u003c/p>\n\u003cp>“Nearly 100 percent of the responsibility for the safety measures is for the victim themself preventing their own assault,” Bomberger said. “How’s a woman gonna, once an assault starts, grab their phone and start to do these things, especially if they’re intoxicated and/or they’ve been sleeping? It’s just not gonna work.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11773435/lyft-announces-new-safety-features-following-sexual-assault-lawsuit","authors":["11216"],"categories":["news_6188","news_8","news_248","news_1397"],"tags":["news_5568","news_4660","news_4524","news_23667","news_1527"],"featImg":"news_11773488","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. 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You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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