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Saturday, August 5, 2017

Alameda County District Attorney Brings Charges in Emery Sexual Assault Case

District Attorney's Charge Questions Emery Schools Superintendent's Aplomb

Rubio Twists in the Wind

News that the Alameda County District Attorney's office has brought charges against a 17 year old student for sexually assaulting a 15 year old at Emery Secondary School last May and not reported to police by the Superintendent brings fresh allegations in the ongoing story against the Superintendent who continues to claim he was correct to not call the police upon learning of the assault.  News of the charges brought by the County was reported by East Bay Times investigative reporter Matthias Gafni today who also alerted readers that Emeryville's Chief of Police has backtracked on initial reports that Mr Rubio had violated mandated reporter law by not calling the police after he learned about the alleged assault (along with another alleged assault the week before at Emery).
Mr Rubio's insistence he did nothing wrong by not calling the police is refuted by Bill Grimm, senior attorney for the National Center for Youth Law whom the East Bay Times story quotes, "School personnel mistakenly believe that they need to conduct some investigation of suspected abuse/neglect before they report [to police]...If in doubt, report!"

The mandated reporter law requires professionals who work with children, including teachers, school administrators, psychologists and others to notify police or child protective services when they receive a report of alleged abuse.  The law states that “No proof of abuse or neglect is needed, only ‘reasonable suspicion’ that child abuse or neglect may have occurred.” 
Emery Schools Superintendent
John Rubio

He says he knows the children lied
about the assaults.  The Alameda County
District Attorney believes the children.
The Superintendent has invoked a clause within the mandated reporter law that permits someone such as a school superintendent to not report if there is absolute certainty no crime happened.  For Mr Rubio, who was not witness to the alleged crimes, to not be guilty of the law's failure to report provisions, he would have to have no doubt whatsoever that the incidents did not take place and be in a position to provide reasonable evidence to support that claim.

However, Mr Rubio's claim is severely weakened by the fact that the guardians of the abused children thought the assaults had taken place and they themselves, without the District's help, filed police reports.  Further eroding Mr Rubio's claims of innocence is today's revelation from the East Bay Times that Alameda County puts enough stock in the belief that at least one assault took place that they directed prosecutors to bring charges in the case.

The East Bay Times story reveals another case of twisted logic needed to clear the Superintendent in our town.  In an interview with the Times and its 500,000+ circulation, Emeryville's Chief of Police, Jennifer Tejada appears to be protecting Superintendent Rubio.  Regarding what the newspaper calls a "backtrack" on Mr Rubio's culpability, Chief Tejada is now positing that Superintendent Rubio could not have known for certain that assaults did not take place and also simultaneously that it is acceptable that he did know that with certainty and that he is therefore innocent of violating the mandated reporter law.  For its part, the Alameda County District Attorney says there is not enough evidence against Mr Rubio to bring charges for violating the notoriously difficult to prosecute mandated reporter law.

Emeryville City Council members have expressed desire to further investigate the case involving Superintendent Rubio and the Emery Unified School District to whom they are contractually bound to with the city/schools campus at the Center of Community Life, the site of the alleged sexual assaults.

The Tattler broke the story HERE.

The East Bay Times story is HERE.


  1. Well, the brain trust behind the ECCL always wanted to be in the news. I guess now they've gotten their wish.

    1. Perhaps Superintendent Rubio should testify under oath in this case of the 17 year old student that was charged by the District Attorney. After all since Mr Rubio knows beyond the slightest doubt this student is innocent, Alameda County has committed a gross miscarriage of justice he says. Is Mr Rubio going to let an innocent young man's life be destroyed by the state, forever branded with the sobriquet 'sexual predator'?

  2. You make a claim but do not cite the actual charge? What charge did the DA actually charged the young man with?

    1. The charge is assault. This crime is relatively common on school campuses although not always reported for a host of reasons, not the least is what is transpiring with this case; sometimes victims are not believed. Emery cannot control everything all the students do all the time on the campus obviously. But what they can control is making sure the mandated reporter law is followed and report any alleged crimes of abuse to the police, even if they feel child abuse happening on school campus might reflect badly on the school district.

  3. Boy, Emery sure finds itself in the newspaper a lot.

    1. It's true. A functional school district stays out of the just hums along, quietly doing its job educating children.

  4. Dr. Rubio has a long history of suppressing evidence, not reporting very serious incidents including cocaine possession on the grounds of Anna Yates. I was even harassed by the police department after filing complaints against dr. Rubio, principal Diane Lang and vice principal labasse last year. While mr. Rubio was in charge I received threats telling me to move out of Emeryville after I filed my complaints against these three individuals including Rubio himself. Rubio routinely lies about serious matters and I have absolute proof in my email that Rubio has lied about criminal activity at this school last year. I have proof that Rubio has suppressed evidence, conspired with the police as well as with his staff members to cover up evidence and this proof comes in the form of email correspondences between he and I. Last year principal Lang brought her husband into the school in order to attack me in the lobby of our school on December 7th of 2016. Dr. Rubio as well as the Emeryville police stated that evidence in the form of a audio video recording from the lobby did not exist. I knew this was untrue because they had video of me leaving the school and try to make a case of violence against me for simply pouring my coffee onto the ground. Dr. Rubio and I went back and forth over a matter of a few months via email and dr. Rubio slipped up and forgot that he lied for the police and for this district. Where dr. Rubio in at least two emails tells me in phatic Lee that there is no video that exists of this man attempting to attack me, he forgets two or three months down the line that he has lied and in an effort to correct me he tells me that the man in the video is not principle Lange's husband but her friend. My response to doctor Rubio was," how the hell did you see a video that you swore didn't exist".

    Rubio is a liar and a very dangerous man. He's a dangerous man because this fool is in charge of our children. What's wrong with you people? The almighty dollar and your six-figure salaries and your fancy cars are all much more important than our children? No! You have to go Rubio. Board members you have to go. I'm not an idiot and I don't believe in Utopia and I know that corruption will not be stamped out once we get rid of this fool but this school needs a chance and it needs a chance as an educational Institution for our children. As full of crap as much of this educational system is we don't need individuals such as Rubio and his choices for leadership. They say crap rolls downhill folks. As far as I can see there's a big pile of crap in human form sitting in the leaders chair and it's dripping all over everybody

  5. Rubio is a liar and a con. I'm hoping that my post went through this morning however I will briefly restate what I've already stated. Last year I was in a situation where principal Lang brought an individual into the school in order to attempt to jump me in the lobby of the school. I filed complaints against her and the vice principal and then when Mr Rubio attempted to cover this matter up I filed a complaint against him. I got to know this board and this Administration really well and I can only liking them to gangsters.. dr. Dr. Rubio did not provide any help at all and instead he attempted very vigorously to cover up the actions of his principal and even Banned Me from the school. I found that I'm one of many black parents we've been banned from the school for complaining about things that are wrong at the school. Dr. Rubio wanted to cover this up and had a lot of help from the police doing so. The Emeryville police. Dr. Rubio denied the existence of the video showing principal Lang standing idly by while her friend moved into Striking Distance in an attempt to assault me. After this incident I was asked to leave the school and in absolute frustration I poured my coffee out onto San Pablo and the only video that I'm told about is the video showing me pouring my coffee out. In fact when I press about principal Lange's actions, mr. Rubio tries to deflect that by shedding light on my pouring my coffee out as if that were some violent Act and beyond that as if that was more egregious than what his principal had just done. Four months Rubio deny the existence of this video along with the police until he slipped up and acknowledged the existence of the video because this Arrogant Bastard couldn't help but to try to correct me and so he wanted me to know that this wasn't principal Lange's husband who attempted to jump me but it was principle Lang's friend. I said to him so now you've seen the video? How did you see a video that doesn't exist. I got no response to that one. Rubio I have proof that you lie and cover-up and omit and fail to report acts of violence and other illegal activities on the school grounds in an effort, I believe to try and maintain some clean facade so that you can continue to Khan local businesses out of donations. You're a con and a detriment to the school, our children, the parents and even your staff. Do the right thing. Go.