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SAN DIEGO (KGTV) — A San Diego High School teacher said she warned her school administration about the behavior of a former teacher nearly a year before he was arrested.According to a recently filed lawsuit, Vanessa Montgomery alleged Juan Carlos Herrera engaged in a continuous course of sexually harassing conduct. The lawsuit states, "On a near-weekly basis, Herrera made comments about Ms. Montgomery's dress, looks, and body."Herrera, formerly a special needs curriculum instructor, was sentenced to 10 years in state prison earlier this month. In August, Herrera pleaded guilty to 11 felonies, including lewd acts on a child and assault. Montgomery said she first met Herrera in 2016. She was new on campus."I was basically just trying to survive and learn things along the way," Montgomery explained.Montgomery said she had her first uncomfortable encounter with Herrera just a few months on the job."I just want to let you know that the dress you're wearing and the outfit you have looks really good, and it hugs your body really well," Montgomery said Herrera told her.Last week Montgomery filed a lawsuit against Herrera and the San Diego Unified School District alleging sexual harassment and failure to prevent sexual harassment.Based on the lawsuit, "Herrera's sexually harassing comments included: Remarks that Ms. Montgomery's clothes made her 'curves look good;' remarks that Herrera would do anything for Ms. Montgomery as long as she wore 'those shorts;' and a comment and attendant gesture suggesting Ms. Montgomery needed to hold her chest when walking down stairs to stop her breast from bouncing."Montgomery shared with Team 10 Investigator Adam Racusin that she felt "very uncomfortable all the time," around Herrera.Montgomery said words eventually escalated to touching. In her lawsuit, she described an occasion where she spilled coffee on her shirt. She states Herrera took a toothpick out of his mouth and pushed on her breast where the stain was located with his toothpick."He took it out, put it back in his mouth and winked at me, smiled and walked away," she said.Montgomery said she took her concerns to her supervisor, the vice principal at the school. She said she had a face-to-face conversation and also sent an email in May 2018.According to the email obtained by 10News, Montgomery wrote, "I would like to inform you about some issues that have occurred in the last couple of years with Juan Herrera. I have decided to report sexual harassment against Herrera."The email described four incidents in three years.In the email she also detailed Herrera's interactions with female students, writing, "Herrera always has a group of young girls around him. He pulls them out of class to offer support which makes me wonder what has he said to them. He is normally in a classroom with the girls and without another teacher. I know he means well but the comments that I have shared above make it hard to trust him."That email was sent nearly a year before Herrera was arrested."He'd be working with groups of girls in classrooms alone with the door closed," Montgomery said. "I witnessed that multiple times."Prosecutors said Herrera assaulted an unnamed victim "on almost a daily basis" between February 2018 and March of this year, when the girl was 15 and 16 years old. He was arrested in May 2019. "The HR (human resources) office had no documents related to complaints that were made by Ms. Montgomery and they had no intention of investigating any of those complaints, and that was even after Mr. Herrera was arrested," Montgomery's attorney Andrew Hillier said.Hillier said when an organization becomes aware that an employee has reported sexually harassing behavior, the organization has a responsibility to investigate. He said they also have to take some sort of temporary remeasures to ensure it stops and if its warranted take permanent measures."The allegation is sexual harassment of course, but it's also a failure on the part of the district to step in once they became aware of the harassment," Hillier said.According to the lawsuit, the district did not interview Montgomery. "To Ms. Montgomery's knowledge, SDUSD did not interview anyone in relation to her complaint. SDUSD did not make Ms. Montgomery aware of any temporary or permanent remedial measures the district put in place to address Herrera's harassment," the lawsuit stated.Montgomery said the harassment continued until Herrera was arrested.A spokesperson for the school district didn't answer any of our questions about Montgomery's allegations. Instead, responded with the statement: "The district does not comment on pending litigation."10News has attempted to get in touch with Herrera to see if he has a comment about the lawsuit, he declined our request to speak with him. 4798

SAN DIEGO (KGTV) -- A member of the Phoenix Rising has been suspended for six games after reportedly using a homophobic slur against San Diego Loyal SC player Collin Martin.According to the USL Championship, Junior Flemmings was suspended for six games and has received an undisclosed fine in the incident.San Diego Loyal players walked off the field in protest after the slur was used during the September game.RELATED: San Diego Loyal SC walks off field over alleged homophobic slur"Listen, when we're all on our death bed, nobody's going to remember if we beat Phoenix 3-1 at home ... no one's going to remember that. They will remember that they stood up for something that they believed in and they supported their teammate and they supported what's right in the world. And that to me is what matters more than anything," Loyal coach Landon Donovan said. "I love soccer, I love this game, it's meant so much to me. I love competing ... but, you can't claim that you have these values if you don't act when it really matters.”Martin came out as gay in 2018 while with the Minnesota United.RELATED: San Diego Loyal SC forfeits point due to racial slurThe slur was used just one week after San Diego Loyal said it would forfeit the point it received because of a racial slur used in its game against LA Galaxy II, after the club says midfielder Elijah Martin was the victim of a racial slur by an opposing player. 1423

SAN DIEGO (KGTV) -- A new report shows that San Diegans are spending most of their income on housing. In total, the average San Diego household spent nearly ,000 per year on expenses, according to the report by the U.S. Bureau of Labor Statistics. From 2017 to 2018, more than ,000 went to housing for the average San Diegan, accounting for nearly 36 percent of families’ household budgets. Likewise, San Diegans paid an average of more than ,300 on transportation and over ,600 on food between 2017 and 2018. 530

SAN DIEGO (KGTV) - A San Diego company created technology for NASA's 2020 Mars rover, launching in July.The Perseverance is set to launch July 20, at 9:15 a.m. EST.NASA's been working on this project for more than a decade, drawing from past missions with hopes of finding evidence of past life on the red planet."It's a really exciting mission!" Mike Carpenter, VP of Engineering at KULR Technology said."We don't know for sure what they're going to find, but if they find any hard evidence of life that would be wonderful." Carpenter is thrilled to be a part of this mission, bringing a piece of San Diego to Mars.Carpenter said the company is known for it's technology that keeps batteries from exploding.For the rover, they created heat sinks that control the temperature around sensitive instruments. Specifically the heat sinks on Perseverance protect SHERLOC, a detector on the arm of the rover that looks for signs of past life.KULR sent similar tech to Mercury, but this is their first trip to Mars."It is the largest most sophisticated rover NASA has sent there," Carpenter said.According to NASA, Perseverance will be landing in the Jezero Crater, the site of an ancient river delta.The mission has four Science Goals:1. Determine whether life ever arose on Mars.2. Characterize the climate on Mars. (Seeking to find if an ancient climate could have supported life.)3. Characterize the geology of Mars.4. Prepare for human exploration."This science goal relates to national space policy for sending humans to Mars in the 2030s." 1547

SAN DIEGO (KGTV) - A new technology platform launched this week is making it easier for restaurants, hotels, and caterers to donate food to those facing hunger in San Diego County.The new platform, MealConnect, was unveiled by Feeding San Diego. CEO Vince Hall says the free platform will help rescue the more than 14 million pounds of food going into San Diego landfills every year. "This is an issue that is compelling, it is serious, and it is urgent because hunger is debilitating," said Hall. Restaurants and food service providers use the MealConnect app to submit a food donation. It's then picked up by a volunteer and delivered to a nearby charity. Nancy Kane is one of the first San Diego volunteers to take part in the program. "It's flexible, it's not that hard to do, I can do it on my own time. I love it; it's one more thing I can do to make a difference," said Kane.Volunteers receive training and equipment to ensure food is delivered safely. They can choose their delivery hours and can accept or decline requests via text message. MealConnect enables food donors of all sizes, such as hotels, meeting and event planners, restaurants, farmers market vendors, and convenience stores to post surplus food to the system.Feeding San Diego received a ,500 grant from the Walmart Foundation to support the launch of MealConnect in San Diego County. In partnership with Feeding America, MealConnect is available in seven other markets across the United States. 1482

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