Mariano Hernandez, Behavior Interventionist at Benson Elementary, Accused of Having “Dating Relationship” With 16-Year-Old High School Student

TUSTIN, CALIFORNIA (February 4, 2025) – An employee at Benson Elementary identified as Mariano Hernandez was arrested for allegedly having a relationship with a 16-year-old.
Orange County authorities are saying the incident began around 7:30 AM on February 4. Santa Ana Police Department officials received a call about possible sexual activity in a parked vehicle.
When officers arrived at the scene, they were able to locate a male and female in the backseat of the vehicle. Mariano Hernandez was allegedly with a 16-year-old female Foothill High School student.
Police officials claim that the victim and defendant met at Foothill High School and began dating for a few weeks. Mariano Hernandez was booked on various sexual assault charges and taken to the Santa Ana Jail.
A full investigation remains ongoing at this time.
Liability for Orange County Student Sexual Abuse
Sexual abuse involving teachers and other educators is unfortunately very common. According to Sage Journals, “Educator sexual misconduct is a serious problem in the United States (U.S.), with a 2004 Department of Education report estimating that 9.6% of K-12 students in the U.S. had experienced either verbal, visual, or physical educator misconduct at some point during their school career.” School districts should take a number of measures in order to prevent sexual abuse.
- Schools should have clear reporting mechanisms for alleged instances of misconduct.
- Schools should thoroughly vet all teachers, employees, and volunteers.
- Schools should establish clear guidelines on what constitutes sexual misconduct.
Schools have a legal obligation to protect students in their care from sexual abuse. Consider, for example, Taylor v. Oakland Scavenger Co., 17 Cal. 2d 594 [110 P.2d 1044], “It is the duty of the school authorities to supervise at all times the conduct of the children on the school grounds and to enforce those rules and regulations necessary to their protection.” If school officials knew or should have known that a teacher posed a risk to students and failed to take action, this could form the basis of a negligence claim. It is important that certain steps are taken after any instance of teacher sexual abuse.
- Eyewitnesses should be interviewed.
- A police report should be created.
- A thorough investigation should be conducted.
- An experienced sexual abuse attorney should be contacted.
Sexual abuse in a school setting is rarely an isolated incident. In many cases, perpetrators will have multiple victims. This abuse may continue unchecked for long periods because school employees who should have known better turned a blind eye. It is important that victims of school sexual abuse understand that they do have legal options. They are able to seek some measures of accountability through a civil claim.
Investigating Orange County Student Sexual Abuse
We at the Carrillo Law Firm, LLP were deeply concerned to hear about the alleged actions of Mariano Hernandez. Any person who may have more information should reach out to the police. The Tustin Unified School District needs to do more to ensure that students are not being taken advantage of by school officials.
Have you or someone that you care about been sexually abused by an Orange County school official? You may have legal recourse. Our team of Orange County sexual abuse attorneys is here to help in any way that we can. We care deeply that abuse victims are aware of their rights and that school districts are held accountable for their misconduct. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at 626-799-9375.