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Former San José Principal Sues Alum Rock School District, Alleging Retaliation Over Abuse Report

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A sign outside Adelante Dual Language Academy is pictured in San José, California, on June 8 2023. A new lawsuit involving the Alum Rock School District highlights alleged retaliation against a principal who reported child abuse, raising questions about district oversight, board accountability and student safety in San José schools.  (Kori Suzuki/KQED)

More than two years ago, parents of children at Adelante Dual Language Academy in San José called on the district to bring back their principal, Maria Gutierrez. Now, Gutierrez is suing Alum Rock Union School District, alleging she was placed on leave and eventually terminated in retaliation for reporting the school’s music teacher, Israel Santiago, to authorities for suspected abuse.

Gutierrez said she was a well-respected principal, known for her dedication to student success and fostering a supportive school culture. But she claims district administrators responded with hostility, engaging in a systemic effort to discredit, intimidate and isolate her.

The Alum Rock Union School District declined to comment on pending litigation.

According to the complaint, Gutierrez reported Santiago to Child Protective Services and law enforcement in November 2022, triggering a criminal investigation that led to his arrest for multiple counts of molestation and lewd acts on a child by force. Santiago is currently serving a prison sentence for the abuse.

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Days after reporting Santiago, Gutierrez said she was placed on administrative leave and later terminated. She alleges the district reported her to the Commission on Teacher Credentialing in an effort to damage her career prospects and prevent future employment in education.

“Defendants made Plaintiff a scapegoat for their systemic failures in addressing Santiago’s misconduct,” the suit reads. “Rather than taking accountability, they shifted blame onto Plaintiff to protect their reputations and evade responsibility for their inaction.”

A sign outside Adelante Dual Language Academy is pictured in San José, California on June 8 2023. Records obtained by KQED show a music teacher arrested this year for sexually abusing 10 students at Adelante Academy had complaints at a different school for inappropriately touching students before he was transferred. (Kori Suzuki/KQED)

Records obtained by KQED show that students at two other district schools had reported Santiago’s behavior from 2012 through 2014. Despite repeated complaints of inappropriate touching, the district issued a letter of reprimand and transferred him to another school.

After transferring Santiago to Adelante, the district did not inform site leadership or parents about his history of complaints, according to the lawsuit. Gutierrez alleges she was punished for exposing the district’s institutional failures, while those who failed to report or shielded Santiago were not disciplined.

Imee Almazan, the former Sheppard Middle School principal who investigated Santiago in 2014, was appointed interim superintendent in 2024, though she is no longer with the district, according to her LinkedIn.

The Alum Rock school board is also facing scrutiny over its decision to close or consolidate schools, and the abrupt firing of its most recent superintendent. In an interview with San José Spotlight, former superintendent German Cerda said he was let go after asking board members to reimburse questionable expenses billed to the district. Cerda said Board Vice President Andres Quintero received more than $27,000 in reimbursements from the district for an online doctorate program.

In a written statement, Quintero called the claims “baseless,” saying every reimbursement request he submitted followed proper procedures and was approved by district administration.

He is calling on Cerda to release his own personnel file.

“The Alum Rock community deserves facts, not insinuations. While I remain committed to transparency and accountability, I will not be silent in the face of false and damaging accusations,” Quintero wrote.

The Santa Clara County Office of Education has requested an audit of the Alum Rock Union School District in response to concerns regarding the “reimbursement of board members for education and training.”

The next Alum Rock board meeting is scheduled for Thursday night.

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