Sexual Assault On School Property Under Teacher Supervision

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Location: California - Riverside County

TLDR: My 3rd-grade daughter in souther California specifically Riverside County was the victim of repeated unwanted touching and physical threats by a male classmate, who has admitted to the acts. A police report has been filed. I have filed a formal Uniform Complaint citing Title IX and mandatory expulsion codes, escalating the investigation to the School Board for a 60-day review. However, the school has refused to suspend the aggressor student, only moving him to a different class and is now refusing to excuse my daughter’s absences, forcing her to return despite the aggressor remaining on campus while the investigation is still being conducted. I am seeking urgent advice or possible immediate legal steps I can take beyond the Uniform Complaint process to force the school district to remove this student, as their failure to enforce mandatory suspension creates a clear and present danger.

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My daughter is 3rd grade (9 years old), she is shy but will defend others if she feels they are treated wrong. I will not be naming names, naming her school or her teacher/Admin involved. Cut to the major issue. Over a week ago we received a phone call from her school informing us that a female student had witnessed a male student (8M) in her class touching my daughter between her legs under the desk while the teacher was not looking. The witness student then took our daughter with her and informed the teacher. As the conversation went on we were informed that my daughter admitted that it had happened on 5 separate occasions. The male student had been telling our daughter that he loved her and wanted to marry her. An hour later that same day we received a call from the investigating admin that they have spoken with both students, and the male student did confirm he did commit the acts, she informed me they are investigating further and plan to issue a no contact contract and will have a final decision when the children return to school after the holiday weekend. I informed her that I do not feel comfortable with my daughter returning to school until I know that my child is safe to return to school. Over the weekend we spoke to our daughter to informed us that on top of what we were aware of the male student had also threatened to come to her home at 3 in the morning if she didn’t do what he said, he cornered her in the library to “show his muscles” to get her to marry him, he tried to get her to kiss him in a tent inside the classroom, he had tried to get another student not in her class to kiss him, all events of the inappropriate touching had occurred during class time only (2 times while the class was in a circle on the carpet and 3 times while they were at their desk he would move over his chair over to her desk). She let us know she was too embarrassed/worried to say anything. She also informed us he said other things that were “inappropriate for kids to say.” And this had been going on atleast 2 and a half weeks. Cut to a week and half later while my daughter had been kept from school, we found out this male student has still been attending school, was moved to another class and they are only enforcing a no contact contract with supervision of the students in out of classroom areas by staff. There is an ongoing investigation with the home agencies and the police have been notified. Because I filed a formal uniform complaint with the school district for multiple California Education, CA Penal Code, and Title IX code violations the school board will be handling the investigation further but that could take up to 60 days. Am I losing my mind or should this male child not be attending school while investigation is being conducted and be placed on home study until the investigations conclusion?! What else should I be doing? I feel so lost, disappointed and just angry. The school is no longer excusing her absences, even though her aggressor is still attending school with the same break/lunch periods. Today was her first day back and I have been on edge since the moment I dropped her off.

The results of the title IX investigation were: Unsubstantiated

I have the actual document with everything in it but I’ll need time to redact names (school, students, staff, administrators) as I don’t want to dox anyone I just need advice

Update: UCP Final Report