Napa County Special Education Teacher Derrick Holland Arrested For Allegedly Committing “Lewd Act” With American Canyon High School Student
AMERICAN CANYON, CALIFORNIA (December 22, 2022) – A teacher for American Canyon High School identified as Derrick Holland was arrested for an alleged lewd act on a minor.
Napa County officials are saying that the special education teacher was arrested around 4:45 p.m. on Friday. Prosecutors are saying that the incident took place after students were released from school for the day.
Derrick Holland was booked into the Napa County Department of Corrections and his bail was set at $50,000. Police are asking any other possible victims to come forward and speak with them.
A full investigation remains ongoing at this time.
Liability For American Canyon High School Sexual Abuse
Sexual abuse in grade school is much more common than many people may realize. According to the National Education Association (NEA), “there were 14,938 incidents of sexual violence in K–12 schools in 2017 – 2018 compared with 9,649 in 2015 – 2016, representing a 55 percent increase. These include incidents of rape or attempted rape and sexual assault.” Sexual abuse is more likely to occur when teachers and other school employees are not properly monitored. There are a number of signs that parents should look for which could point towards sexual abuse.
- Students who are sexually abused may have a sudden drop in academic performance.
- Students who are sexually abused may experience a loss of appetite or refuse to eat.
- Students who are sexually abused may experience sudden mood swings or withdrawal.
Pursuant to California Penal Code 288, it is a crime for a person to commit any lewd or lascivious act on a child under 16 years of age. This includes touching a child’s body for sexual purposes. The touching does not need to be on the bare skin of the child. Teachers are considered mandated reporters and must properly report any known or reasonably suspected instance of sexual abuse. Failure to report any reasonably suspected instance of sexual abuse is a criminal offense under California Penal Code 11166(c).
Depending on the facts of any case, a school district could be liable for any instance of sexual abuse. Schools must protect students from reasonably foreseeable sources of harm. Consider, for example, Taylor v. Oakland Scavenger Co., 17 Cal. 2d 594 [110 P.2d 1044], “It is the duty of the school authorities to supervise at all times the conduct of the children on the school grounds and to enforce those rules and regulations necessary to their protection.” To help keep students safe, teachers should undergo background checks and be properly supervised. There are a number of steps that should be taken after any instance of sexual abuse.
- A police report should be made.
- Medical records should be preserved.
- Surveillance footage should be sought.
- A sexual abuse attorney should be consulted.
Sexual abuse can be one of the most difficult things that most people will ever go through. Abuse victims are more likely to experience a whole host of negative long-term health outcomes. Any person that has been sexually abused may have legal recourse through a civil claim. Damages in a civil claim can help cover many of the expenses that can come with sexual abuse. A sexual abuse attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating Napa County School Sexual Abuse
We at TorkLaw extend our best wishes to the victim of this incident. Every person is certainly entitled to the presumption of innocence and a fair trial. But the accusations laid out by prosecutors are disturbing. Any other potential victims should come forward and speak with police.
Have you or someone that you care about been the victim of sexual abuse? There are a number of laws designed to protect your rights. Our team of sexual abuse attorneys are here to answer any questions that you may have. We care deeply that abuse victims are aware of their rights and that those rights are being protected. You can reach out to us anytime at (888) 441-4991.
