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A former instructional assistant at Sunset Preschool located at 3825 Sunset Ln, San Ysidro, CA 92173, is facing criminal charges nearly nine months after a parent’s report led to his removal from the school. Jaime Godinez, 23, has been charged with two counts of lewd and lascivious acts involving a preschooler. The alleged incident occurred on January 15, and the complaint against him was officially filed last Friday, according to NBC San Diego.
The San Ysidro School District acted swiftly, barring Godinez from returning to Sunset Elementary School the day after the allegations surfaced. In a statement released Friday, the district confirmed that Godinez was arrested on July 23 and is now on unpaid administrative leave as termination proceedings advance.
The district emphasized its commitment to student safety, highlighting strict protocols such as fingerprinting, background checks, mandatory student safety training, and a supervision policy requiring multiple staff members to monitor preschool students at all times.
A report by the state Health and Human Services Agency, submitted on August 29, outlined evidence gathered during the investigation. This included findings from a forensic interview, lab results, and inconsistencies in Godinez’s statements. The report concluded that sufficient evidence exists to support allegations of a personal rights violation against the child.
Godinez began working for the San Ysidro School District in March 2022 as a substitute in various roles. He was later assigned to the Smythe Child Development Center before transferring to Sunset Preschool in July 2023.
Some parents, including Roxane Palestino, whose daughters attended Smythe while Godinez worked there, are questioning whether other children might have been impacted during his time in the district. “How many more children under his care were affected?” Palestino asked, expressing frustration with the district’s handling of the situation.
Palestino and other parents have criticized what they see as a lack of transparency from the district. “They just don’t tell us anything. They expect us to stay quiet,” Palestino said. She also raised concerns over staffing practices, noting that Godinez was left unsupervised with children at times.
In an October 6 notification to parents, the district reiterated that Godinez had passed state and federal background checks, with no prior criminal record. The district also confirmed that he has not returned to Sunset Preschool since the investigation began in January.
Attorney Robert Habbas, representing the child’s family, has indicated that other parents have reached out with concerns. While no additional victims have been confirmed at this time, Habbas noted the challenges of gathering information from young children, who are between the ages of three and five. “Getting a 5-year-old to report is a concern, and extracting that information is a concern,” Habbas said.
He remains out on bond while the criminal case proceeds.
As the investigation continues, parents in the district are grappling with frustration and unanswered questions. Many are calling for greater transparency and stronger safeguards to prevent similar incidents in the future.
When allegations of sexual abuse by school staff arise, families are often left grappling with both emotional devastation and unanswered legal questions. To better understand the rights and options available to those affected, we spoke with Jason Amala, a seasoned California sexual abuse attorney. Amala outlined key legal steps families can take, the responsibilities of schools in protecting students, and the challenges involved in seeking accountability and justice.
Editor Darla Medina: In cases like the one involving Jaime Godinez, what legal options do families have to address the harm caused to their child?
Attorney Jason Amala: Families in these situations can file both criminal and civil cases. The criminal case is handled by prosecutors, focusing on holding the perpetrator accountable to the law. However, families often turn to civil lawsuits to seek compensation for the emotional, psychological, and financial harm their child and family have endured.
Medina: Are schools or districts ever held accountable in situations like this?
Amala: Yes, they can be. Schools have a legal duty to provide a safe environment for students. If a school or district failed to follow proper hiring and supervision protocols, or if there were signs of misconduct that were ignored, they could be held liable for negligence. This is why many lawsuits also focus on systemic failures within the institution.
Medina: What challenges do families face when pursuing these cases?
Amala: These cases are emotionally taxing. Parents often grapple with guilt or worry about the impact on their child’s future. Legally, the challenge lies in proving the abuse occurred and establishing that the school or district was negligent. However, evidence like forensic reports, witness testimonies, or patterns of misconduct can strengthen a family’s case.
Medina: What advice would you give to parents who suspect their child has been harmed?
Amala: The first priority is ensuring the child’s safety and emotional well-being, which often means seeking professional counseling. Legally, parents should report the abuse to both law enforcement and the school district immediately. Consulting an attorney early on is also important, as they can guide families through the process while protecting their rights.
Families affected by sexual abuse deserve support, answers, and a path toward accountability. If you or someone you care about has been impacted by a similar situation, don’t face it alone. Contact us today for a free consultation to understand your rights and explore the options available to protect your family and seek justice.
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