California mother wins restraining order for daughter against first-grade boys
By Michael Chen
JANUARY 21, 2014
An emotional mother is speaking out about a revelation involving her 7-year-old daughter that led to an unusual legal tactic against three first graders at Franklin Elementary in Kensington, California.
“My heart just dropped,” said Flora, choking back tears. 9 On Your Side’s sister station, 10News has agreed not to reveal Flora’s or her daughter’s identity.
In late October, Flora says her daughter talked to her about three boys in her first grade class who would not leave her alone when the teacher was reviewing papers in the back of the room.
“She said they were touching me in her private area and she was pointing to her privates and her rear … and when she got off her chair, one of the boys licked the chair,” said Flora.
Flora says she went to the teacher, who agreed to move the boys, but only one was moved. The next day, her daughter said it happened again.
Flora says she complained to the principal, who told her the boys would be written up and their parents contacted, but did not seem willing to do much more.
“She patted me on the back and said, ‘You tell the teacher to go ahead and make sure you tell the teacher to move the boys,'” said Flora. “A counselor said they would show a sexual harassment video to the kids, but why did it take so long to show this video?”
A month later, Flora says one of the boys was still sitting next to her daughter and her daughter was scared.
“She said she no longer wanted to wear her princess dress because she was afraid the boys are going to touch her,” said Flora. “Today, she still doesn’t want to wear dresses without pants underneath.”
Flora filed a police report and went to court for a temporary restraining order against the three boys.
“At this point, I wasn’t waiting for anything else. It’s a mother’s job to protect her child,” said Flora.
The temporary restraining order was granted and Flora’s daughter was moved to another class.
Soon after, Flora says she learned one of the boy’s cousins, who also had problems with touching, was in the new class. Flora then took her out daughter out of the school.
Her story comes almost three months after Team 10 reported about two mothers filing lawsuits, alleging their children were bullied and molested at an elementary school in central San Diego.
Flora is also contemplating a lawsuit.
“I don’t want this to happen to another minor in the San Diego school district,” she said. “I don’t want another child to be ignored.”
A judge declined to make the restraining order permanent.
10News reached out to the San Diego Unified School District. A district representative declined comment, citing a federal law that prevents disclosing details about student discipline.