$4.2 millionSettlement

Former Blossom Hill Elementary Student Wins $4.2 Million Over Teacher's Abuse and Ignored Complaints

Settlement · Santa Clara County Superior Court, San Jose, California (Los Gatos Union School District) · 2022

After trial: The settlement was reached through mediation shortly before a November 7, 2022 trial date, so there was no verdict and no appeal. Payment terms were not published, and the district did not state a dollar figure itself.

Won by Cerri, Boskovich & Allard.

A former Blossom Hill Elementary student sexually abused in 2008 and 2009 by fifth-grade teacher and community youth theater director Joseph Brian Houg received $4.2 million from the Los Gatos Union School District in October 2022. The claim alleged the district ignored at least 11 complaints about Houg between 2001 and 2020. The settlement came through mediation about two weeks before a scheduled trial. A second plaintiff, abused in 2020, received a separate $900,000 award.

What happened

In October 2022, the Los Gatos Union School District agreed to pay $4.2 million to a man who was sexually abused as a child in 2008 and 2009 by Joseph Brian Houg, a fifth-grade teacher at Blossom Hill Elementary School who also directed the Los Gatos Youth Theater. The payment was part of a $5.1 million resolution reached through mediation with two former students. The other plaintiff, abused in 2020, received $900,000 in a separate award.

Houg taught fifth grade at Blossom Hill and directed the community youth theater, which gave him regular access to children outside the classroom as well. Sheriff's deputies arrested him in September 2020 after he asked two 13-year-old boys to engage in inappropriate conduct during video calls, and the district suspended him without pay. In November 2021 he was sentenced to 35 years in prison for molesting 10 former Blossom Hill students. The plaintiff in this case was one of them, and Houg's convictions included three felony counts of lewd and lascivious acts on a child by force, duress, menace or fear.

The civil case focused on what the district knew and when. Attorney Mark Boskovich, who spoke for the plaintiffs and is now a partner at Cerri, Boskovich & Allard, said his team found evidence of at least 11 complaints made to the school between 2001 and 2020. Parents had accused Houg of verbal abuse, and some of the complaints involved sexual harassment. According to Boskovich, the district did not document or investigate the early complaints, did not discipline Houg, and did not supervise him more closely. The plaintiffs' position was that administrators had enough warning over almost two decades to act and did not.

The plaintiff's lawyers said he continues to struggle with anxiety, depression and suicidal thoughts as an adult. His claim was brought under California's AB 218, which extended the statute of limitations for childhood sexual abuse at public institutions and gave survivors until the end of 2022 to file historic claims. Without that law, abuse that happened in 2008 and 2009 would have been long past the ordinary filing deadlines.

The case was set for trial in Santa Clara County Superior Court on November 7, 2022, and settled about two weeks before that date. The plaintiffs were represented by the San Jose firm Corsiglia McMahon & Allard. The district's superintendent, Paul Johnson, confirmed that a settlement had been reached and said the district takes these matters seriously, though he did not state a dollar figure.

After the settlement, Boskovich said it was imperative that schools understand they cannot protect teachers who are hurting children, and called on the district to hold accountable the administrators who failed to act. The Los Gatos-Saratoga Union High School District settled a separate case that year, brought by a former student abused by her track coach.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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