The family of a 12-year-old girl has filed a lawsuit against Jeff Calica, claiming battery against the 20-year-old man who admitted to having sex with her after meeting her online.
The San Dieguito Union High School District is also named in the suit.
"It’s just negligent supervision," said Attorney Mary Bajo, with regards to the district’s role, as well as administrators at the middle school.
Bajo filed the civil suit Nov. 30 claiming a seventh-grader at Earl Warren Middle School was "negligently allowed to use school computers to go to online chatrooms where she met Calica ... and entered an online relationship."
The suit also states students-- including the victim-- were allowed to leave school unsupervised and go right next door to the Solana Beach Library.
It was twice during those trips to the library--in December 2016 and January 2017--that Calica was charged with a lewd and lascivious act with a child in a parking lot near the school.
"I think it’s really scary," said the victim’s attorney Mary Bajo. "So it’s important that when you drop your child off at school the school fills the role of the parents and really supervises and monitors and is making the right decisions."
NBC 7 first started investigating the case in November before the suit was filed.
The district has not yet responded to our request for an updated statement but issued the following statement previously:
"The District has not been served with the lawsuit. Student safety is the top priority of the San Dieguito Union High School District. Student safety includes student privacy, so out of concern for the minor involved, we can not publicly comment on the allegations at this time. Our middle school networks have advanced filtering to prevent accessing inappropriate websites. All middle school students participate in the Common Sense Digital Citizenship program to empower students to make safe, smart, and ethical decisions online.
We encourage parents to talk to their children of all ages about online safety and behavior. The District recently held a series of parent workshops focused on raising awareness on teen use of technology. It is important that parents have frank discussions with their kids, set boundaries, and monitor their use of personal devices."
"While you can block certain things, you have to be a little more aware and be more proactive and keep them safe from dangers out there," said Bajo.
Calica is scheduled to be sentenced on Dec. 18 on one count of committing a lewd and lascivious act with a minor. If convicted, he faces up to eight years behind bars.
Meanwhile, Bajo said the 12-year-old girl has been in and out of therapy and is a different person since the incidents.