"Every teacher, every employee is a mandated reporter," explained Micha Liberty, an Oakland attorney who represents child sex abuse victims.
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One day after Vallejo teacher Andrew Lund was arrested for soliciting sex from a minor and child pornography charges, new information reveals administrators at Glen Cove Elementary, had previously reprimanded him for inappropriate contact with a 5th grader last summer.
"We did become aware of an incident at that school that was reported to school officials in August," said Jay Melaas, a deputy district attorney in Contra Costa County, charged with prosecuting sex crimes.
According to notes included a search warrant written by investigators:
--"Lund said he began to chat on "a social media platform" with a student at Glen Cove Elementary in the summer of 2017, in which the girl was between 4th and 5th grade."
--"Lund said he asked the girl if she missed him"
--"Lund told us (investigators) the parents of the girl reported the incident to the school and was written up for it."
-- But the district told Lund "the letter would not be placed in his personnel file unless he failed to comply with the school's instructions not to engage students on social media."
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Vallejo Superintendent Adam Clark told ABC7 news in a statement:
"While I can confirm that a single concern, unrelated to Mr. Lund's recent arrest, was brought to the District's attention in August 2017, that matter was promptly investigated and appropriate action was taken to address that individual's concern and ensure the safety and well-being of all district students."
It does not appear the district's action included reporting the incident to police.
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On Thursday, Lund was arrested at his Vallejo home on multiple felonies related to more recent alleged activity on social media with an undercover officer, posing as a 14-year-old girl.
"He began to ask her questions related to sexual activity. And actually sent her some harmful images," said Melaas.
"Here we have the school district failing to document behavior that it knows to be inappropriate...and then later the teacher gets arrested for the same type of conduct," said Melaas.
Lund denied our request for a jailhouse interview. The 36-year-old is being held in the Contra Costa County jail on $3 million bail. His arraignment is set for Monday morning.
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