School districts keep public in the dark about big sex abuse payouts

The Visalia Unified School District’s public board meeting in March was a festive and upbeat affair with a performance by a student chamber music group and a commendation for a high school cheer squad.

When the seven-member board went into closed session, the agenda was decidedly grimmer: Six former students were suing the district over sexual abuse they said they suffered decades earlier at the hands of a kindergarten teacher.

Out of public view, the board unanimously approved a $3-million settlement with provisions intended to keep the community in the dark forever.

Under the terms of the agreement, the women, their lawyers and families were prohibited from disclosing any aspect of the deal, including the amount they were paid.

“The Parties agree that they will respond to any inquiries they may receive from any third parties regarding the lawsuit by stating only that ‘the matter has been resolved’ without any further elaboration, discussion or disclosure,” the settlement instructed.

It was Visalia’s fifth secret settlement in the last three years, one of a flurry that districts are quietly approving statewide.

A Times investigation found that California’s public schools, faced with a historic surge of sex abuse lawsuits, are increasingly using nondisclosure agreements and other tactics that celebrities and big corporations rely upon to protect their reputation.

At least 25 districts have resolved suits or other claims in ways that hinder taxpayers from learning about the allegations, the cost of settling them or both, The Times found. These hidden settlements total more than $53 million. Legal experts say that these settlements may be in violation of state law, and that some should be investigated by the state attorney general.

While shielding the names and identifying details of sex abuse victims is widely accepted, courts have repeatedly said the public has a right to know allegations leveled against government employees and the money spent to compensate accusers.

Lawmakers in California have also largely banned the use of confidentiality provisions for settlements involving sexual assault and harassment, on the belief that transparency helps victims heal and leads to public accountability.

“There’s very significant problems with government agencies acting like private companies and requesting or insisting on these kinds of nondisclosure or non-disparagement clauses in settlement agreements,” said David Loy, legal director of the First Amendment Coalition, based in San Rafael. “Because at the end of the day, the government works for the people and the people have a very compelling interest in knowing about claims and allegations of misconduct.”

California’s school districts are now grappling with a deluge of sex abuse cases resulting from a 2019 law that changed the statute of limitations for childhood sexual abuse and created a new window — from 2020 to 2022 — in which anyone could file a lawsuit for past alleged abuse.

The Times identified more than 1,000 lawsuits against school districts filed since 2020, with more than 750 filed due to the new law. Some lawsuits allege abuse as far back as the 1950s. Most cases are still making their way through the courts, but more than 330 have settled for roughly $700 million, with $435 million paid out for claims related to the new law. The state projects that local education agencies will ultimately pay out between $2 billion and $3 billion once cases work through the court system. Much of this is taking place outside the public eye.

In Visalia, confidentiality clauses negotiated by district lawyers acknowledged the public’s right to obtain the information — and then attempted to make sure they never would. Four agreements specifically barred former students receiving secret payouts from “directly or indirectly” encouraging others to file a request under the state Public Records Act — the method The Times used to review copies of agreements referenced in this story.

A spokesperson for Visalia Unified declined an interview request, and the school district did not answer written questions.

Several districts attempted to prevent allegations from becoming public by paying off accusers before they filed lawsuits that would have detailed the claims of sex abuse for anyone to see.

Anaheim Union High School District paid a trio of men who said they had been abused by a junior high teacher $3.3 million in 2023 after their attorney sent the district a draft of a lawsuit he said he was prepared to file in Superior Court.

The terms of the payout two years ago required that the men and their lawyers “not seek publicity relating to the facts and circumstances giving rise” to their claims, and indeed, the settlements have not been previously reported.

John Bautista, a spokesperson for Anaheim Union, said in a statement that the district and its insurer settled the draft lawsuits after going through discovery in a related case and “did not want to incur additional expenses of filing a lawsuit.”

“Nothing in the agreement would prevent the claimant/plaintiff from speaking with the press concerning the facts of the case if the press contacted [them],” Bautista said.

At least one district paid an accuser before anything was put in writing, records show. Victor Elementary School District in the High Desert negotiated a $350,000 settlement with one former student after his lawyer relayed abuse allegations in a phone call. Asked by The Times for a document describing the claimed misconduct, a district official said no such records existed.

Some districts suggest the confidentiality restrictions are needed to avoid a “snowball effect” of further litigation.

San Diego Unified, hit by more than a dozen lawsuits over alleged sex abuse since 2020, has settled four for a total of $2.44 million, each with a confidentiality clause that, at a minimum, prevents the accuser or her lawyer from disclosing the settlement amount. One of the settlements blocks the accuser from discussing the matter with anyone except her lawyer or financial advisor or in response to a subpoena.

San Diego officials acknowledged that confidentiality is ultimately limited — the documents can be disclosed via public records requests — but the district proceeded with pursuing restrictions on the accusers and their representatives.

“The purpose is to keep plaintiffs’ lawyers from using these settlements as marketing tools,” said James Canning, a spokesman for San Diego Unified.

Efforts to curb the use of secret settlements gained momentum in the 1980s, with growing public awareness of how confidentiality agreements had kept the public in the dark about environmental or health hazards, such as asbestos.

In 2016, California prohibited settlement agreements that block the disclosure of factual information about sexual abuse or any sex offense that could be prosecuted as a felony.

In the wake of the #MeToo movement, lawmakers in 2018 passed the STAND Act, which prohibits nondisclosure agreements in sexual harassment, discrimination and other sexual assault cases that don’t rise to felony prosecution. Three years later, the Silenced No More Act widened the prohibition on nondisclosure agreements to include any harassment case. The law still gives victims the option to protect their identity.

The lead sponsor of both bills, former state Sen. Connie Leyva, said she was taken aback by school districts using confidentiality provisions.

“That sounds illegal,” said Leyva, now the executive director of public radio and TV station KVCR. “We did not speak specifically about children or about schools, but it shouldn’t be happening.” She added, “Our bill was meant to apply to everyone everywhere.”

Several settlement agreements obtained by The Times included caveats by stating they were “confidential to the extent allowed by law,” or contained similar carve-outs. Experts said such provisos still have the effect of muzzling a victim’s speech and hindering public accountability.

“While it’s possible that these work-arounds don’t violate the letter of the STAND Act, they certainly violate its spirit,” said Nora Freeman Engstrom, a professor at Stanford Law School, who co-authored a study on the effect of the STAND Act in L.A. courts.

Southern Kern Unified School District agreed to pay $600,000 to a former student who alleged sex abuse and included an acknowledgment of the STAND Act in the agreement. Still, the settlement bars the former student, Corey Neufer, from “actively” publicizing the deal.

Reached by phone, Neufer said that although he deliberately chose to sue under his own name, rather than as John Doe, he was told that the confidentiality provision was standard and necessary for the final settlement.

“That was one of the stipulations — that I don’t speak about it or give any details,” said Neufer, who indicated the confidentiality was far broader than the text of his settlement suggests. “My lawyer instructed me to not talk about the case.”

The STAND Act allows for plaintiffs or claimants to put language in a settlement agreement that shields their identity and disclosure of any facts that could lead to their identity. However, if a public official or government agency — such as a school district — is part of the settlement, that language cannot be included.

Of the dozens of settlements reviewed by The Times, two specifically noted that the accuser wanted confidentiality to shield their identity.

Several had restrictions that appeared to exceed the STAND Act, such as a 2024 settlement for $787,500 paid by Ceres Unified to a custodian who said she was sexually harassed by a colleague. The signed agreement states that the settlement, its terms and any belief that the district or its employees engaged in unlawful behavior were all confidential. If asked, the custodian could only say, “The matter has been resolved.”

David Viss, an assistant superintendent at Ceres Unified, said in an email that the agreement complied with the law: “We believe the settlement agreement is consistent with the STAND Act.”

The overwhelming majority of sex abuse cases filed against school districts reach a settlement. For districts, a settlement can be more cost-effective than mounting a legal defense through a jury trial, and unlike a panel of jurors, a settlement provides a level of fiscal certainty. At times, the decision to settle is driven less by school board members than an insurance company or liability coverage provider.

John Manly, whose law firm specializes in childhood sex abuse, said school districts and their insurance providers frequently ask for confidentiality and non-disparagement clauses when negotiating a payout.

“We get these requests all the time, and we decline,” Manly said. “Confidentiality agreements benefit one person, which is the perpetrator, and those who enable them.”

At Los Angeles Unified School District, scores of people accused former San Fernando High School wrestling coach Terry Gillard of abuse. In 2022, LAUSD agreed to pay 23 accusers a total of $52 million to settle molestation and abuse claims — a settlement negotiated by Manly’s law firm.

A year later, LAUSD agreed to pay three other women who alleged abuse by Gillard a total of $7.5 million.

Although those represented by Manly’s team did not have a confidentiality or non-disparagement agreement in their settlement, LAUSD sought an extensive confidentiality agreement for the payout to the three other women, curtailing discussion of the settlement and underlying abuse claims.

That settlement barred their lawyer from making any sort of statement — or encouraging others to make a statement — about the compensation deal, and barred comments that could “defame, disparage or in any way criticize” LAUSD, its employees and leaders.

Only the women, their lawyer, “immediate family” and “tax professional” could know about the settlement, according to the agreement.

“If asked about the status of this dispute, plaintiffs counsel may only state, ‘they have voluntarily and fully resolved their claims against the Los Angeles Unified School District,’ or words to that effect,” declares the settlement agreement.

The lawyer for the women, Anthony DeMarco, did not respond to messages seeking comment.

Manly said the State Bar of California should investigate lawyers on both sides who agree to language that they know conflicts with state law. And he called on Atty. Gen. Rob Bonta to investigate school districts that continue to lock victims into such restrictive agreements.

“It’s wrong. It’s bad for the community and it’s bad for the victim. The lawyers that do it — defense and plaintiff — should be ashamed of themselves.”

L.A. Unified, which has added confidentiality provisions in at least seven settlements since 2020, defended its practices as a way to amicably resolve litigation, according to a statement from a spokesperson.

“These settlement agreements keep the settlement details, such as the amount, confidential. They do not prohibit the disclosure of the facts behind the claims,” the LAUSD spokesperson said.

While several districts use secrecy provisions in settlement agreements to hide the details of sex abuse cases, others, like Visalia Unified, also are able to keep payouts quiet by approving them in closed session at regular school board meetings.

In 2021, the president of the board of Wasco Union High School District received a letter from a lawyer based in Iowa who represented a former Wasco student. The lawyer said his client had been sexually abused nearly a decade earlier by her former coach and teacher, and accused her then-principal, Kevin Tallon, among others, of not taking appropriate steps when confronted with evidence of abuse.

Tallon, now Wasco’s superintendent, was named as a defendant in the draft lawsuit, and the lawyer included a copy. He gave the district 14 business days to respond.

“If I do not hear back from you, I will proceed with the lawsuit,” wrote the lawyer, Thomas Burke.

The letter touched off a negotiation that culminated at the Wasco school board’s final meeting of 2021. The meeting’s agenda for the closed session was circumspect: “Conference with Legal Counsel — Settlement Agreement.” But behind closed doors, the board voted 5 to 0 to approve a settlement, according to meeting minutes, ensuring that there would probably never be a public airing of the allegations against the teacher or superintendent. The meeting minutes reflect only that a settlement was approved — not the amount or nature of the abuse accusations. The district paid $475,000 in the settlement, a sum that The Times obtained via records request.

Tallon, the superintendent who was named in the draft lawsuit, declined an interview but provided written responses to questions. He said the district and its staff “fulfilled its duties diligently and with integrity,” and said the settlement was approved in a way that adhered to the Brown Act, the state’s open meeting law.

“The settlement was not intended to conceal allegations; it was meant to responsibly limit risk and bring closure to a sensitive situation,” Tallon said in the statement.

Legal experts agreed that Wasco’s school board complied with the Brown Act — thereby exposing that law’s limits and potential loopholes. Since the threat of litigation did not result in a filed case or formal claim, the board could treat it as “anticipated litigation” and discuss it in closed session, away from the public. And since settlement offers — like any contract negotiation — are not final until agreed upon, they too can be approved in closed session, away from the public.

Loy, the legal director of the First Amendment Coalition, said the Brown Act could be amended to proactively require public agencies to ultimately disclose the details and amounts of settlements. School districts, he added, could also opt to be more open, without being compelled to by state lawmakers.

“Agencies owe a duty to the public to be more proactive and more transparent, even than the bare minimum letter of the law might allow them to get away with,” Loy said.

The lack of transparency also coincides with a crisis in local news, which has resulted in far less coverage of city halls, courthouses and school boards from the Imperial Valley to the shores of Eureka.

At one time, newspapers big and small had reporters at school board meetings who probably would have noticed settlements on the agenda and submitted records requests to reveal them.

With local media absent, agencies have quietly approved settlements in closed session, with no watchdog to suss out the underlying facts.

“Diligent people or reporters know to do that: Please give me copies of every settlement approved this week or this month,” said Loy, the First Amendment Coalition’s legal director. “But that requires an extra step.”