San Dieguito school district sued after employee arrest for suspected child abuse

ENCINITAS, Calif. (FOX 5/KUSI) — The family of a young girl who was allegedly sexually abused by a former employee of Diegue?o Middle School is now suing school district officials for negligence in failing to prevent the claimed misconduct.

Omar Hernandez Galeana, a 21-year-old who worked as a campus supervisor at the school, was first arrested by deputies with the San Diego County Sheriff’s Child Abuse Unit on March 25, days after the alleged abuse of a 12-year-old eighth grader was reported to authorities.

During his arraignment, he pleaded not guilty to a dozen charges in connection to the case, including felony counts of forcible lewd acts on a child and furnishing cannabis to a minor as well as misdemeanor counts of contributing to the delinquency of a minor.

Carlsbad bans smoking in all apartments, condos

The 44-page complaint, which was filed with the county court last Tuesday, sheds new light on the alleged incidents that transpired between Galeana and the middle schooler — and contends it may not have been his first time acting inappropriately with a student.

According to authorities at the time of his arrest, the campus supervisor “met with a 12-year-old victim outside of school hours” at an undisclosed off-campus location, where the suspected sexual assault occurred.

No additional details had been provided by law enforcement, although a letter to families from San Dieguito Union High School District (SDUHSD) Superintendent Anne Staffieri said Galeana was only an employee for three months and was fired shortly after the incident.

However, according to the complaint, the alleged sexual harassment and abuse began nearly two months prior to the incident reported by the sheriff’s department.

The complaint alleges Galeana, who regularly interacted with the 12-year-old as a campus supervisor at the middle school, communicated with the young girl via text and WhatsApp messaging beginning in February — about a month into his employment.

At an unspecified time, the complaint said this messaging led to off-campus interactions, including at least two instances of the 21-year-old picking up the young girl from her home before taking her to a nearby park and beach where the molestation occurred.

On one of these occasions, Galeana offered marijuana to the 12-year-old to impair her before engaging in the sexual abuse, the lawsuit alleges.

“This was a 12-year-old. She was not only abused by a trusted adult in a school environment,” Morgan Stewart, the attorney representing the family, told FOX 5/KUSI. “We instill in our children, you have to provide respect, you have to follow their direction, and then they’re put into a situation where that trust is abused.”

While Galeana is a named party in the lawsuit, the middle schooler’s family accuses SDUHSD officials of ignoring multiple “red flags” that should have alerted them to his suspected proclivity towards inappropriate behavior around children.

According to the complaint, this includes spending considerable periods of time alone with young children in secluded parts of campus, “utilizing grooming techniques” to get close to students and frequently driving students in his car.

The suit further contends the school lacked proper supervision of faculty that could have prevented the sexual harassment and abuse.

“[SDUHSD] failed to take reasonable steps and implement reasonable safeguards to avoid acts of unlawful sexual conduct by Galaeana,” the lawsuit reads. “Instead, [SDUHSD] ignored and concealed the sexual abuse of [Jane Doe] and others by Galeana that had already occurred.”

In a statement sent to FOX 5/KUSI on Friday, a spokesperson for SDUHSD declined to comment on the lawsuit itself, saying they had “not yet received” the complaint.

American Airlines to add flights to Carlsbad airport: report

The spokesperson went on to say that “when the allegations were brought to our attention last spring, we took immediate action to remove him from employment and work cooperatively with law enforcement so the facts could be gathered and justice may be served.”

“Working with students of all ages is a profound privilege and our students must be treated with dignity and respect by those entrusted to work with them,” the spokesperson continued. “Anyone with additional information should contact the San Diego Sheriff’s Department Child Abuse Unit, at 858-285-6222. We continue to hope that justice will be served in this situation.”

“You can’t learn if you’re not safe,” said Kevin Sabellico, a community advocate and former student in the district who is running for a position on its board. “This incident is not a reflection of the amazing teachers who make up the school and the school district.”

Copyright 2024 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

For the latest news, weather, sports, and streaming video, head to FOX 5 San Diego & KUSI News.