On October 8, 2026, just before 7:30 p.m., San Jose police received a report of a sexual battery that allegedly occurred at Archbishop Mitty High School on Mitty Way in San Jose. A 16-year-old female student told police that the school’s 31-year-old athletic trainer was providing care for her sports-related injury when he allegedly sexually battered her and recorded it on his phone. The next day, detectives located him in Fremont and arrested him. He has not been convicted of any crime, and he is presumed innocent unless and until the prosecution proves otherwise in court.
According to San Jose police, as reported by ABC7 San Francisco and CBS News Bay Area on October 15, 2026, detectives with the Internet Crimes Against Children Task Force obtained search warrants for the suspect, his residence and his vehicles. On October 9 they served a search warrant at his Fremont home, and detectives said child sexual abuse material was found on his phone. He was booked into Santa Clara County Jail on suspicion of annoying or molesting a minor, production and possession of child sexual abuse material, and sexual battery. These are allegations. Police said the school administration was notified and is fully cooperating with the investigation. A spokesperson for the Catholic Diocese of San Jose told CBS News Bay Area that the student’s family notified the school the same evening, and that the trainer was placed on administrative leave.
Source: Compass Law Group | Archbishop Mitty High School Athletic Trainer Arrested on Suspicion of Sexual Battery: What San Jose Families Should Know
A student was hurt, and this post is not about the case itself. Compass Law Group does not represent anyone involved and is not investigating this incident. Because San Jose police have said they believe there may be additional victims, many Santa Clara County families are now asking practical questions: what the law says about this kind of conduct, who is required to report it, and what rights a young person has. This guide answers those questions.
Key Takeaways
- San Jose police arrested a 31-year-old Archbishop Mitty High School athletic trainer on suspicion of sexual battery and related offenses after detectives located him in Fremont on October 9, 2026; he is presumed innocent and has not been convicted.
- Police believe there may be additional victims and ask anyone with information to call Detective Camarillo or Detective Widmer at 408-277-4102.
- California law makes private-school employees whose duties require contact with pupils, and school athletic coaches, administrators and directors, mandated reporters of suspected child abuse.
- Under Code of Civil Procedure section 340.1(a), there is no time limit to file a civil action for damages from childhood sexual assault, including against an entity whose negligence was a legal cause.
If your child had contact with this athletic trainer and something felt wrong, believe them, preserve any messages or records, and contact the San Jose detectives at 408-277-4102. California law lets survivors of childhood sexual assault file a civil claim with no time limit.
What Happened at Archbishop Mitty High School, According to Police?
San Jose police say a 16-year-old student reported that the school’s athletic trainer sexually battered her while treating a sports injury and recorded it on his phone. He was arrested the next day in Fremont. These are allegations only; no court has found him guilty of anything.
The timeline police released is short. The report came in just before 7:30 p.m. on October 8, 2026. ABC7 San Francisco described the location as Archbishop Mitty High School on Mitty Way; CBS News Bay Area reported that officers were called to a campus on the 5000 block of Mitty Way. The student told officers that the trainer was providing care for her sports-related injury when the alleged battery happened, and that he recorded it on his phone.
Because a recording was alleged, the case went to detectives with the Internet Crimes Against Children Task Force. They obtained search warrants covering the suspect, his residence and his vehicles. On October 9, detectives found him in Fremont and served a warrant at his Fremont home. Detectives said they found child sexual abuse material on his phone. He was booked into Santa Clara County Jail on suspicion of three categories of offense: annoying or molesting a minor; production and possession of child sexual abuse material; and sexual battery.
Two things about that list matter for families reading the news. First, “on suspicion of” describes why a person was booked, not what a prosecutor will ultimately charge or what a jury will decide. The suspect is presumed innocent. Second, the published reports do not say which specific code subsections the booking relied on, so any discussion of the law below is general guidance, not a statement about what the suspect did.
What the reports do describe is a response that moved quickly. According to the Diocese of San Jose spokesperson quoted by CBS News Bay Area, the student’s family notified the school the same evening, and the trainer was placed on administrative leave. San Jose police said the school administration is fully cooperating with the investigation. Police also said that, because of the suspect’s position of trust, they believe there may be additional victims, and they are asking anyone with information to contact Detective Camarillo or Detective Widmer of the Internet Crimes Against Children / Child Exploitation Detail at 408-277-4102.
Can Touching During Medical or Athletic Treatment Be Sexual Battery Under California Law?
Yes. California Penal Code section 243.4(c) makes it sexual battery to touch an intimate part of another person for sexual arousal, gratification or abuse when the victim does not understand the nature of the act because the person falsely claimed the touching served a professional purpose.
That provision exists because some of the most damaging abuse happens inside a relationship the victim is taught to trust. An athlete with an injured hamstring, hip or shoulder expects to be examined and touched. A trainer, physical therapist or team doctor holds real authority in that moment, and a teenager is rarely in a position to question whether a particular touch is part of the treatment. Penal Code section 243.4 addresses that gap directly: when a person fraudulently represents that touching an intimate part served a professional purpose, and the victim is unconscious of the nature of the act because of that representation, the touching can be sexual battery.
We want to be careful here. Police have not said which subsection of section 243.4 applies to the Mitty arrest, and nothing in the published reports says the suspect made any representation about a professional purpose. The point of explaining subsection (c) is to help parents and athletes understand a pattern the law already recognizes, not to describe what happened in this case.
For families, the practical lesson is that “it happened during treatment” is not a defense to abuse, and it is not a reason for a young person to doubt their own account. When the setting is clinical and the adult is someone a teenager was told to trust, it can take time for a young person to recognize that something was wrong. Warning signs can include a trainer insisting on treating a student alone with the door closed, treatment of an area unrelated to the injury, discouraging a parent from being present, or contact with the student outside practice through personal phones or social media. Our guide to coach and trainer sexual abuse in California covers these patterns in more detail.
Criminal prosecution and civil claims are separate. A district attorney decides whether to file criminal charges, and the burden in a criminal case is proof beyond a reasonable doubt. A civil claim for damages is brought by the survivor and follows its own rules, which are discussed below.
Who Is Required to Report Suspected Child Abuse at a California Private School?
Under Penal Code section 11165.7, employees of a private school whose duties require contact with pupils are mandated reporters, as are athletic coaches, athletic administrators and athletic directors at public or private K-12 schools. They must report known or reasonably suspected child abuse immediately and follow up in writing within 36 hours.
California’s mandated reporter system is built around a simple idea: the adults who see children every day are the ones most likely to notice abuse, so the law puts a duty on them to act. Penal Code section 11165.7 lists the categories of mandated reporters. Two of them are directly relevant to a private high school’s athletic program. The first is any employee of a private school whose duties require contact with pupils. The second is any athletic coach, athletic administrator or athletic director employed by a public or private school that provides any combination of instruction for kindergarten or grades 1 through 12.
Penal Code section 11166 sets out what a mandated reporter must do. When a mandated reporter, in their professional capacity or within the scope of their employment, knows or reasonably suspects that a child has been the victim of abuse, they must make a report immediately or as soon as practicably possible, and they must send a written follow-up report within 36 hours of receiving the information about the incident.
Nothing in the published reports suggests that anyone at Archbishop Mitty failed to report. The reports say the family notified the school the same evening, the school placed the trainer on leave, and police said the administration is fully cooperating. We raise the reporting rules because families often do not know they exist, and because they matter when a parent is deciding who to tell. A parent who suspects abuse can go straight to law enforcement. A parent can also tell a coach, teacher or administrator, and that adult then has an independent legal duty to report.
The duty belongs to the individual. It is not satisfied by telling a supervisor and waiting for someone else to act. For parents, that means a concern raised with any school employee whose duties put them in contact with students should lead to a report, and it is reasonable to ask that employee whether they have made one.
Can a Survivor of Childhood Sexual Assault Sue, and Is There a Deadline?
Under Code of Civil Procedure section 340.1(a), there is no time limit to file a civil action for damages from childhood sexual assault. The claim can be brought against the person who committed the assault and against any person or entity that owed the survivor a duty of care and whose wrongful or negligent act was a legal cause.
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A civil lawsuit is different from a criminal case. It is brought by the survivor, or on a minor’s behalf, and it seeks compensation rather than punishment. Code of Civil Procedure section 340.1 governs these claims in California. Subsection (a) provides that there is no time limit for commencing an action for recovery of damages suffered as a result of childhood sexual assault. That covers an action against the person who committed the assault, and an action against a person or entity that owed the plaintiff a duty of care, where a wrongful or negligent act by that person or entity was a legal cause of the assault.
That second category is where institutional responsibility comes in. Whether a school, employer or other organization owed a duty of care, and whether its conduct was a legal cause of abuse, depends entirely on the facts: what it knew, what policies it had, how it supervised staff, and how it responded to warning signs. No one can answer those questions about this case from news reports, and we are not suggesting that Archbishop Mitty or the Diocese did anything wrong.
Section 340.1(b) adds a further rule. A plaintiff who proves that the childhood sexual assault resulted from a cover up may recover up to treble damages. That provision exists to discourage institutions from concealing abuse. It requires proof, and it is decided by a court on the evidence.
Because the rules for older claims can depend on when the abuse happened, an adult survivor of abuse from years ago should talk with a lawyer about how the statute applies to their situation rather than assuming. Our overview of the California statute of limitations for sexual assault walks through those questions in plain language.
For a family whose child is a minor today, the immediate priorities are safety, medical and emotional care, and the criminal investigation. A civil claim does not need to be decided this week, and no one should feel pressured to make that decision before they are ready.
How Can Parents Talk With a Teen Athlete Who May Have Been Affected?
Ask open, calm questions, listen without pushing for details, and tell your child clearly that they are not in trouble. Then connect them with medical and counseling support and, if they disclose abuse, report it to law enforcement. Detectives, not parents, should conduct the detailed interview.
News of an arrest at a school can bring up fear and confusion for every student on a team, not only for anyone directly affected. Teenagers who were harmed often stay silent because they feel embarrassed, worry they will not be believed, or fear consequences for their sport. A parent’s first reaction sets the tone for whether a child keeps talking.
A few practical steps can help. These points are general guidance, not legal or clinical advice:
- Start with a general, non-leading question, such as asking how your teen feels about the news, rather than asking whether something specific happened.
- Say plainly that if anything ever made them uncomfortable, it is not their fault and they will not be punished.
- Avoid repeated or detailed questioning. If your child discloses abuse, let trained investigators conduct the interview so your child does not have to retell the account many times.
- Write down, with the date, what your child said in their own words, and keep it private.
- Preserve texts, direct messages, social media contacts, appointment records and anything else that shows communication with the adult. Do not delete or forward them.
- Arrange medical care and a counselor experienced with adolescents and trauma.
- Watch for changes such as withdrawal from a sport they loved, sleep problems, anxiety before practice, or avoiding a particular room or person.
Our guide to the signs of sexual abuse in children describes the behavioral changes parents most often notice. If your child tells you something happened involving this trainer, San Jose police have asked that information go to Detective Camarillo or Detective Widmer at 408-277-4102. If anyone is in immediate danger, call 911.
It is also worth remembering that many students who saw this trainer for treatment were not harmed. A conversation can be reassuring as well as protective, and a calm one leaves the door open if your teen wants to talk later.
Archbishop Mitty High School Athletic Trainer Arrested on Suspicion of Sexual Battery: What San Jose Families Should Know | Source: CDC · leginfo.legislature.ca.gov · Compass Law Group
Source: Compass Law Group | Archbishop Mitty High School Athletic Trainer Arrested on Suspicion of Sexual Battery: What San Jose Families Should Know
How Compass Law Group Builds Your Case
Compass Law Group handles sexual abuse claims for survivors throughout California, including claims involving coaches, trainers and school staff. Our sexual abuse practice handles these cases with privacy and patience, because a survivor’s control over their own story comes first. When a family asks us to evaluate a claim, we start by listening and explaining options without pressure. We then gather the records that matter, including school policies, supervision and training documents, and the reporting history, and we work around the criminal case so a civil claim does not interfere with a prosecution. Where an institution’s conduct may be part of the picture, we examine what it knew and when, which is the question at the heart of claims like those discussed in our post on school cover-ups and district liability. We serve Northern California families through our San Francisco location, including our San Francisco sexual abuse lawyers and our Oakland sexual abuse attorneys, and consultations are confidential.
Statute of Limitations Warning
Under Code of Civil Procedure section 340.1(a), there is no time limit to file a civil action for damages suffered as a result of childhood sexual assault, including an action against a person or entity that owed the plaintiff a duty of care and whose wrongful or negligent act was a legal cause of the assault. Other kinds of claims, and claims involving abuse that occurred many years ago, can be governed by different rules and deadlines. Do not assume a deadline does or does not apply to your situation. Speak with a California attorney about the specific facts and dates before deciding how to proceed.
Frequently Asked Questions
Has the Archbishop Mitty athletic trainer been charged or convicted?
Published reports say he was arrested and booked into Santa Clara County Jail on suspicion of annoying or molesting a minor, production and possession of child sexual abuse material, and sexual battery. Those are allegations. He has not been convicted, and he is presumed innocent. The reports we reviewed do not describe any formal charges filed by prosecutors.
What should I do if my child was treated by this athletic trainer?
Talk with your child calmly and without leading questions, preserve any messages or records of contact, and arrange medical or counseling support if needed. If you or your child have information, San Jose police ask that you contact Detective Camarillo or Detective Widmer of the Internet Crimes Against Children / Child Exploitation Detail at 408-277-4102.
Is an athletic trainer at a private school a mandated reporter?
Under Penal Code section 11165.7, an employee of a private school whose duties require contact with pupils is a mandated reporter, and so is any athletic coach, athletic administrator or athletic director employed by a public or private K-12 school. Whether a particular person’s duties meet that definition depends on their actual role.
Can a minor file a civil lawsuit for sexual abuse in California?
Yes. A civil action can be brought on a minor’s behalf, typically through a parent or guardian. Under Code of Civil Procedure section 340.1(a), there is no time limit to file an action for damages from childhood sexual assault, so a family does not have to decide immediately.
What does “treble damages” mean in a childhood sexual assault case?
Under Code of Civil Procedure section 340.1(b), a plaintiff who proves that the childhood sexual assault resulted from a cover up may recover up to treble damages. The cover up must be proven in court; it is not assumed.
Will my child’s name become public if we come forward?
Police and the news reports in this case have not identified the student. If a family considers a civil claim, a lawyer can explain what privacy protections may be available before anything is filed.
Steps to Take After Learning Your Child May Have Been Sexually Abused
- Make sure your child is safe and no longer in contact with the adult involved.
- Listen calmly, reassure your child that they are not at fault, and avoid detailed questioning.
- Report to law enforcement. For this investigation, contact Detective Camarillo or Detective Widmer at 408-277-4102; in an emergency, call 911.
- Arrange a medical evaluation and a counselor experienced in adolescent trauma.
- Preserve evidence: texts, direct messages, social media contacts, photos, appointment logs and team schedules. Do not delete or confront the adult.
- Write down what your child said, in their words, with the date and time.
- Keep a record of every conversation with the school, including names and dates.
- Talk with an experienced California sexual abuse attorney about your child’s rights before signing anything or giving recorded statements to anyone other than law enforcement.
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If your family is facing the aftermath of sexual abuse by a coach, trainer or school employee, you do not have to work out your options alone. Compass Law Group offers free, confidential consultations to survivors and their families throughout California. We will listen, answer your questions about how California law applies to your situation, and let you decide what comes next, on your timeline. Reach out to our team today to schedule a private conversation.
References
- CBS News Bay Area, report on the arrest of an Archbishop Mitty High School athletic trainer, October 15, 2026. https://www.cbsnews.com/sanfrancisco/news/san-jose-school-athletic-trainer-accused-student-sexual-battery-mitty-way/
- ABC7 San Francisco, report on the arrest of an Archbishop Mitty High School athletic trainer, October 15, 2026. https://abc7news.com/post/archbishop-mitty-high-schools-athletic-trainer-arrested-suspicion-sexual-battery-recording-assault-teen-police/19939690/
- Cal. Penal Code § 243.4. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=243.4
- Cal. Code Civ. Proc. § 340.1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=340.1
- Cal. Penal Code § 11165.7. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=11165.7
- Cal. Penal Code § 11166. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=11166
