A family has come out with claims that the Sweetwater Union High School District failed to protect their son from a sexual predator -- who was his teacher -- because he is a boy.
The Leon family filed a lawsuit against the South Bay school district and the unnamed female teacher, claiming the teacher was still allowed to teach in the state and was never charged for what she did to their 17-year-old son, who was a student at Southwest High School.
The parents say they discovered inappropriate and sexually charged text messages from the teacher on their son's phone last May. According to the parents and their attorney, images sent to the boy showed the teacher in her underwear or topless, and some videos showed her masturbating.
The parents say they took their evidence to the school district and also filed a claim, but it was rejected. They also took the evidence to police, who launched an investigation into the matter.
However, the family's attorney claims the San Diego County District Attorney's Office never charged the teacher, alleging a jury would "never prosecute because the minor was a male."
The family's attorney also said the family never talked to the district attorney's office about the case.
"I think there's a real problem because you're dealing with a minor, your dealing with a student who's under the care of a particular high school, and they have a duty to protect these children," the Leons' attorney said.
The boy's mother, Maria Leon, said, "I felt very said, disillusioned and very angry that students like my son are under these kinds of people."
While the teacher no longer works in the district, the Leons want the teacher charged and her credentials to be revoked.
10News reached out to the school district for comment, but they have not responded.
The district attorney's office told 10News they were aware of a police investigation, but acknowledged the case was never submitted to their office for review for criminal charges.