Orange County School Employee Arrested for ‘Dating’ Student – OC Child Sex Abuse Lawyers
A 31-year-old Orange County elementary school employee has been arrested and is facing charges of sexual assault for sustaining a “dating relationship” with a 16-year-old high school student, according to authorities.
On February 4, 2025, the Santa Ana Police Department responded to the area of Westwood Avenue and Riveria Drive at around 7:30am after receiving reports of sexual activity potentially going on inside a parked vehicle. When officers arrived, they located the vehicle that was occupied by a male and a female (who were both in the backseat).
Investigators stated that the 16-year-old girl was a student at Foothill High School and that the male, identified as Mariano Hernandez, was a behavior interventionist at Benson Elementary School. Both schools are part of the Tustin Unified School District. According to the police, both the victim and the suspect “admitted to meeting at Foothill High School and being in a dating relationship for a few weeks.”
Hernandez was arrested and booked on multiple sexual assault charges at the Santa Ana Jail.
The authorities believe that there may be additional victims of Hernandez; they released his photo and are urging anyone with information to come forward and contact them.
Unfortunately, cases like this are very common. School employees target vulnerable students and sexually abuse them. Even when both parties claim that they are in a “dating relationship,” the fact is that a minor cannot consent, meaning that the situation is one of child sex abuse. If you were abused by Mariano Hernandez or by another adult at school, it is important that you come forward as soon as possible and speak with authorities and with a lawyer.
Downtown L.A. Law Group Can Help You – if you or your child suffered sexual abuse at the hands of a Tustin Unified School District employee, you could have grounds to file a lawsuit. You could sue even if the abuse happened many years ago. To ensure that you have a thorough understanding of the legal options available to you, please do not hesitate to reach out to our sexual abuse lawyers as soon as possible. Based on the details surrounding the incident and the harm suffered, you could have grounds to sue and recover compensation. Contact our child sex abuse lawyers here at the Downtown L.A. Law Group today to learn more about the legal options available to you.
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The sexual abuse of minors at schools is far too common. The adults that work at schools have easy access to children. They target vulnerable children, gain their trust, and abuse them. Some minors may not even know that they are being abused, as they are manipulated into believing that they are in a normal relationship that they have consented to. The truth is that a minor can never consent to any sexual contact.
Examples of the sexual abuse that can occur may include the following:
- Rape and attempted rape
- Sodomy
- Penetration with objects
- Groping, fondling, any touching
- Kissing on the lips, mouth, or anywhere on the body
- Making sexual jokes or comments about the victim or within earshot of the victim
- Making the victim pose for explicit photos or videos
- Making the victim perform or participate in any sexual act
- And more
This sexual abuse can happen on school campus, including in classrooms, closets, offices, etc. However, abuse can also occur off campus, in cars, private residences, etc.
Harm Resulting from School Child Sexual Abuse: although every situation is different, victims of sexual abuse at the hands of school staff could potentially suffer extensive physical and psychological harm. Examples of physical injuries could include injuries to genitals, injuries to reproductive organs, unwanted pregnancies, pregnancy-related complications, sexually transmitted infections, etc. Examples of psychological injuries could include post-traumatic stress, anxiety, panic, depression, fear, and more.
Is the School District Liable for Child Sexual Abuse?This is a very important question. In general, school districts have the duty to keep their students safe. They must subject all employees to thorough background checks to ensure that they do not pose a threat to students. Districts must also properly train and supervise their employees. In addition, school districts must have clear policies in place so that suspected abuse can be reported and investigated.
In the incident described above, Hernandez worked at an elementary school but met the victim at a high school within the same school district. Hernandez worked as a behavior interventionist. Individuals in this role sometimes work at different schools or may travel to another school as needed to provide interventions and consult with other staff.
So, can the Tustin Unified School District be liable? Yes – the school district could be liable for injuries resulting from the inappropriate relationship between the staff member and the student. The school district could be liable for failing to background check the employee, for failing to properly supervise interactions at school between the employee and the student, for failing to take reports of abuse seriously, etc. Even if the abuse occurred off campus, the school district could face liability.
Can I Sue?Yes, you could have the right to sue. If you are the parent of a minor, you could sue on your child’s behalf. However, it is important to note that minors can pursue claims themselves once they turn eighteen years old. In the situation discussed above, the victim may have grounds to file a claim against the school district. It is important to highlight that pursuing a civil claim is a separate type of action than filing criminal charges against the attacker.
For more information about your right to file a lawsuit for child sex abuse at the hands of a school employee, contact us today!
What Compensation is Available for School Sex Abuse Claims?The different categories available for recovery for child sex abuse claims involving school districts and district staff could include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Treble damages
- Punitive damages
- Legal costs
In general, school sex abuse cases are high value cases – especially if the abuse was covered up by the school or by the district. When there is a cover up or an attempted cover up, the claim becomes eligible for treble damages, which means that the total payout is tripled.
For more information about the different factors that affect the value of these claims and what you could be entitled to receive if your lawsuit is successful, please do not hesitate to reach out to our law firm. Our team is fully committed to fighting for your rights and helping you secure the maximum recovery available for your claim.
In California, child sex abuse claims, specifically for abuse that occurred after January 1, 2024, are no longer subject to any statute of limitations or deadline. This means that a victim can file a claim at any time. For abuse that occurred prior to January 1, 2024, the previous statute of limitations applies, meaning that claims must be filed within the victim’s 40th birthday. For more information about the deadline that applies to your claim, contact us today.
Child Sex Abuse Lawsuit against the Tustin Unified School DistrictIf your child was a victim of Mariano Hernandez or another teacher/staff working with the Tustin Unified School District, you could have grounds to file a child sex abuse lawsuit. If you are interested in learning more about your right to file a lawsuit, contact our child sexual abuse lawyers today. Here at the Downtown L.A. Law Group, our team is fully committed to fighting for the rights of survivors. We are not afraid to take on the Tustin Unified School District or any other school district to protect your rights and ensure that you are fairly compensated.
Free Case Reviews: our team offers free case evaluations, which include free consultations and free second opinions. During these free legal services, our experts will be available to answer your questions, address your concerns, and provide you with the guidance that you need to start or even continue your claim (if you have already started it elsewhere). To schedule a free case review, contact us today.
Zero-Fee Guarantee: you will not be required to pay any upfront legal costs for any of our legal services. Also, our firm works on a strict contingency structure, meaning that you will not be responsible for paying anything at all if your lawsuit is not successful. If you do not win, you simply will not have to pay anything.
Contact our child sex abuse lawyers today to learn more about how we can help you fight for justice!
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