A teacher at Otay Ranch High School is accused of telling one of his students to wait after school so they could fight, according to details in a recently filed civil lawsuit.
Elizabeth Nuño showed NBC 7 pictures of the bruising her 17-year-old son suffered to his arm, allegedly at the hands of his teacher.
She says what you can’t see are the emotional wounds left behind months later.
“Each day, it's a battle,” Nuño said. "He has trust issues now."
Get San Diego local news, weather forecasts, sports and lifestyle stories to your inbox. Sign up for NBC San Diego newsletters.
According to a suit, the wounds were inflicted back in December by teacher and coach James Gracio. Gracio allegedly told the then-high school junior to leave the class, but he refused since the class wasn't over.
That's when, according to the lawsuit, the teacher cursed at him, tried to pull him to the ground by his arm and challenged him to a fight after school.
Reliving the day makes Nuño emotional.
Local
“You drop off your kids, and you think they're going to be taken care of," she said. "When you see that someone that has the authority to be a better person is not, it's just very frustrating.”
The suit claims the Sweetwater Union High School District was negligent on multiple fronts -- From hiring and retaining Gracio to not protecting students from the teacher who's now accused of assaulting one of his students in a classroom full of other children.
NBC 7 talked to the district twice to get a comment and clarification and received a response Wednesday that said the district will not comment on litigation.
“This lawsuit is the worst nightmare for a parent with a child with special needs," Nuño said. "You expect Sweetwater Union High School District and Otay Ranch High School to protect your children, and, in fact, they did not."
A summary letter of the school's investigation is attached to the complaint. It called what the teacher did "excessive and unprofessional."
The summary also noted it was a violation of the district's corporal punishment and code of ethics policies and that the results were sent to the district for possible disciplinary action.
“I feel scared for my son. Not just for my son but for any other kid that's there. It makes me think what kind of staff members they have taking care of our kids or educating our kids when it seems that they have issues,” Nuño said.
Nuño says her son, who’s now finishing his senior year away from school in independent study, has developed trust issues.
“He feels a teacher is not the right person to approach for help," she said.
She hopes the investigation’s findings are enough to remove Gracio.
"This individual shouldn't be working around kids. He should have no right to be around kids," she said.
NBC 7 received a statement from Gracio by phone through his father. He said his son has no comment other than he didn't touch the kid. He also told us his son doesn't work at the school any longer, though Gracio's online professional profile says he does.
