A South Bay elementary school teacher previously accused of sexually assaulting a former colleague was arrested Monday after a young student said the teacher had sexually assaulted them in class several years ago — opening up the third active legal case against the teacher in Santa Clara County.
Bryan Rios, 42, of Santa Clara, worked this year at Aptitud Community Academy in San Jose’s Alum Rock Union School District. He previously taught first grade at Mountain View Whisman School District’s Theuerkauf Elementary, which is where he allegedly sexually penetrated the student, police said. Detectives launched an investigation in October after the student came forward, the Mountain View Police Department said in a news release.
The student’s complaint is not the first allegation of sexual assault against Rios. In 2017, Rios was arrested on suspicion of forced sodomy and oral copulation against a fellow teacher, with whom he was in a relationship at the time. Those charges were later dropped by the Santa Clara County District Attorney’s Office due to “insufficient evidence” — but the Mountain View Whisman School District contracted the Law Office of Karen Bell to conduct an independent investigation into his behavior.
In 2018, that investigation found he had assaulted, harassed and intimidated multiple colleagues at Theuerkauf Elementary, and that “a preponderance of evidence establishes that Mr. Rios engaged in unwelcome sexual conduct and comments” toward six female coworkers from 2016 to 2018.
“The allegations ranged from comments such as repeatedly requesting dates via text messages … to grabbing a witness around the waist and repeatedly stroking her hair, to the off-campus rape of” two school staff, the investigation stated.
The investigation also found Rios made repeated unwanted advances toward three colleagues, while another colleague — a former aide in his classroom — said “his behavior made life at work ‘hell.’”
Rios was placed on leave in November 2017 pending the outcome of the investigation, and he resigned from the district on April 30, 2018.
In 2018 the Mountain View Whisman School District sent a letter to the California Commission on Teacher Credentialing outlining the allegations it received against Rios. The letter said the district had received reports that Rios “choked a female employee until she passed out and sexually assaulted her on at least one occasion, and that (that employee) believed there were other possible victims” of Rios’ behavior.
In the same letter, the district also stated that it had received reports that Rios drank alcohol and smoked marijuana before and during school, and that he had been “persistently engaging in conduct of a sexual, harassing, threatening, intimidating and/or abusive nature toward numerous female employees,” “sexual assault, rape, sodomy, threats, physical violence,” while also “subjecting employees to an intimidating, threatening, hostile and/or offensive work environment.”
A year later, the Commision on Teacher Credentialing closed its investigation and recommended “no adverse action,” according to a letter sent to Rios and obtained by this news organization.
Jonathan Howard, the manager of the government relations division at the Commission on Teacher Credentialing, declined to comment on why his team had made its decision, stating that such information was, by state law, private.
Today, there are three active cases against Rios in Santa Clara County Superior Court, the latest of which involve the allegations of his young student. The second was brought in 2019 by an individual known as Jane Doe, who alleged Rios “mentally and physically abused her, strangled her, tried to kill her, raped her and sodomized her,” according to the suit. The third was brought by Crysti Flowers-Haywood, a second Theuerkauf teacher. Flowers-Haywood alleged Rios harassed her on school grounds and created a hostile work environment for her and other colleagues.
Both charges also implicate the Mountain View Whisman School District for failing to protect the complainants, and allege district staff knew Rios had a history of sexual misconduct but continued to let him teach at Theuerkauf, according to one of the suits.
Both of those cases have future court dates set for June of 2024.
Neither Alum Rock Union or Aptitud could be reached for comment about Rios, and whether — in light of the latest charge against him — he is still teaching fourth grade there.
After stating Rios worked at Aptitud in April of 2023, district officials failed to respond to multiple requests for clarification about this school year. However, as of November 2023, Rios is still listed as a fourth-grade teacher on the school’s website.
Attempts to reach Rios were not successful, and his lawyer declined to provide a statement earlier this year.
Detectives are concerned Rios may have victimized others, police said. Anyone who was victimized or knows a victim can contact Detective Lauren Riffel at lauren.riffel@mountainview.gov.
Staff reporter Austin Turner contributed to this story.
Source: www.mercurynews.com