Kelvin Chiu Arrested in San Jose Archbishop Mitty High School Sexual Battery Case

Police Believe There May Be More Victims After Archbishop Mitty High School Athletic Trainer Kelvin Chiu Was Arrested

SAN JOSE, CALIFORNIA (November 6, 2026) – A 31-year-old athletic trainer identified as Kelvin Chiu was arrested on suspicion of sexual battery involving a student at Archbishop Mitty High School in San Jose.

Santa Clara County officials are saying that the alleged sexual battery was reported just before 7:30 p.m. on Thursday, October 8. The report stated that the incident allegedly took place at the high school on Mitty Way, according to ABC7 News.

Investigators said a 16-year-old student reported that Kelvin Chiu, an athletic trainer at the school, had been treating her for a sports-related injury when he allegedly sexually battered her and recorded it on his phone. San Jose police detectives then obtained a search warrant for Chiu’s home and vehicles.

On Friday, October 9, detectives located Chiu in Fremont, and police said they found child sexual abuse material on his cellphone. Kelvin Chiu was arrested on suspicion of sexual battery, annoying or molesting a minor, and producing or possessing child sexual abuse material.

Police said the school administration was notified and is fully cooperating with the investigation. Because of Chiu’s position of trust, detectives believe there may be additional victims and have asked anyone with information to contact the San Jose Police Department.

A spokesperson for the Diocese of San Jose told NBC Bay Area that Chiu had worked at Archbishop Mitty since May 2025 and has been placed on administrative leave.

This is not the first time abuse allegations have surfaced in the Archbishop Mitty athletic program. In 2021, a former star runner filed a lawsuit against Archbishop Mitty, Los Gatos High School, and the Diocese of San Jose, alleging she was abused by a track coach at both schools. Parents may want to know what screening the school conducted before Chiu was hired, whether treatment sessions in the training room were open to view or supervised by another adult, and whether anyone had raised concerns before October 8.

Liability for San Jose School Sexual Abuse

Schools owe students a special duty of care because parents entrust their children to the school’s supervision. Schools and administrators must take reasonable steps to protect students from foreseeable harm, including harm from employees. Under state law, school employees, coaches, and athletic staff are also mandated reporters who must promptly report suspected child abuse to police or child welfare authorities. California has also expanded the time survivors have to come forward, and under Code of Civil Procedure section 340.1, there is no deadline for civil claims based on childhood sexual assault that occurred on or after January 1, 2024. When abuse happens within a school or youth sports program, responsibility can extend beyond the individual who committed it:

• Hiring: Schools are expected to run background checks, verify references, and look into an applicant’s work history with minors.
• Supervision: Administrators must reasonably supervise staff who have one-on-one access to students.
• Policies: Clear rules on open-door treatment, two-adult settings, and private messaging help prevent abuse before it starts.
• Reporting: Staff who learn of possible abuse must report it, and failing to act on prior warnings can expose an institution to liability.
• Retention: Keeping an employee after receiving complaints or red flags can make a school responsible for later harm.

The California Supreme Court has confirmed that schools can be held responsible for failures by the people who hire and oversee their staff. In C.A. v. William S. Hart Union High School District (2012), a student alleged that his school’s head guidance counselor had sexually harassed and abused him, and he sued the school district for negligent hiring, retention, and supervision. The court held that a school district may be vicariously liable when administrators or supervisors negligently hire, supervise, or retain an employee who abuses a student. Although the case involved a public district, the same principles of duty and supervision guide claims against private and religious schools across California.

Protecting Students in School Athletics

Most child sexual abuse is committed by someone the child and family already know and trust. According to the Centers for Disease Control and Prevention, about one in four girls and one in 20 boys in the United States experience child sexual abuse, and about 90% of it is committed by someone known and trusted by the child or family. Coaches, trainers, and other adults in youth sports often have close, unsupervised contact with athletes. That access is why strong safeguards matter. Parents and schools can take practical steps to reduce the risk:

• Open Settings: Treatment and training sessions should take place in open, visible areas rather than behind closed doors.
• Two Adults: Programs can require a second adult to be present or nearby whenever a staff member works with a student one-on-one.
• Device Rules: Clear policies should bar staff from photographing or recording students outside of approved team activities.
• Body Safety: Talking with teens about boundaries and making clear they can report anything that feels wrong helps them speak up.
• Ask Questions: Parents can ask schools how athletic staff are screened, trained, and supervised.

Students should be able to seek care for an injury without fear for their safety. Schools, dioceses, and athletic programs share responsibility for building environments where abuse is difficult to commit and easy to report. Survivors and their families have the right to report abuse, to cooperate with investigations, and to hold institutions accountable when safeguards fail. Speaking up can also help protect other students who may have been affected.

Investigating School Sexual Abuse in San Jose

We at Feher Law send our support and best wishes for healing to the Archbishop Mitty student who came forward and to her family. We hope that a thorough investigation leads to accountability and to stronger protections for every student athlete in the school’s care. These allegations raise serious safety concerns about how athletic staff are supervised during one-on-one treatment. What safeguards were in place to keep students from being left alone with a trainer during care?

Have you or a loved one been affected by sexual abuse at a school or youth sports program in San Jose or elsewhere in Santa Clara County? Survivors of abuse in a school setting can hold negligent institutions responsible and may be entitled to compensation for counseling, medical care, and the disruption to their lives. Schools and dioceses often control the hiring files, complaint records, and internal reports that show what was known and when. Our team of safety advocates and accident investigators can help you understand what happened by reviewing hiring and background records, prior complaints, and training room policies. If you have questions about your rights or need support of any kind, we are here for you at (424) 433-4412.