SAN MARCOS, Calif. — A mother and her seven-year-old child who was allegedly molested by a swim instructor at Callan Swim School in San Marcos have filed a lawsuit against the school, alleging the school failed to look at reports of sexual misconduct by the instructor.
Nicholas Piazza is charged with committing a lewd act on two children during swim lessons he gave in 2021 - Piazza had been on bail for assaulting a young student when the second assault took place.
According to the lawsuit, there were other signs that Piazza should not have been left alone or in charge of young children.
The lawsuit claims that Callan Swim School was in desperate need of swim instructors. In 2020, the former general manager agreed to hire the then-17-year-old Piazza, whose mother worked at the school.
Not long after being hired, the lawsuit alleges that a mother reported that Piazza had "told her daughter to reach toward his genital area" during a lesson.
Despite the complaint, says the lawsuit, Piazza was allowed to keep his job and work with children.
A few months later, in the Fall of 2020, the lawsuit states that Piazza's mother went to the owners of Callan Swim School and suggested that the school fire her son, who at the time was allegedly charged with, according to the lawsuit, "performing a sexual act with the family dog."
The swim school owner, Brett Callan, agreed to fire Piazza but agreed to rehire him just weeks later.
From June 2021 through July 2021, the lawsuit states that Piazza gave lessons to the seven-year-old boy who is now one of the plaintiffs in the civil lawsuit.
"During the lesson, Mr. Piazza. intentionally fondled the plaintiff’s penis. The next day, the plaintiff informed his mother that he had been touched and she immediately called the police," reads the lawsuit.
At that time, Piazza was, according to the complaint, on probation for animal cruelty.
"Callan Swim School holds itself out to patrons as 'the safest place for your child to learn to swim' yet it knowingly employed and exposed countless children to a sexual predator, which ultimately caused the plaintiff, a vulnerable then-six-year-old boy, to suffer sexual abuse at the hands of his swim instructor."
CBS 8 reached out to Callan Swim School for comment. A spokesperson said the school is "unaware of any lawsuit filed nor any of the allegations you raise. No one has contacted us directly to inform us of one nor have we been served."
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