Assistant Principal Amanda Gross began an investigation of former social studies teacher Toby Anderson on Feb. 3, 2022, due to allegations of inappropriate behavior, according to Gross’ written statement and timeline of the investigation. Anderson was placed on paid administrative leave on Feb. 10, after Gross had interviewed three students and reported her findings to former Principal Francis Rojas and Assistant Superintendent of Human Relations Jonathon Brunson, Gross’ timeline indicated.
Anderson signed a Settlement Agreement, General Release, and Irrevocable Resignation on June 20, 2022. The Union obtained this agreement, Gross’ statement, and other documents through a public records request to MUSD.
Gross started the investigation after a teacher and a teacher’s union representative told Gross that a student had reported a complaint about Anderson, Gross wrote.
According to Gross’ written statement, she interviewed a total of 36 students, 10 of which were named in the original complaint, and four of which were named in interviews. The remaining 22 students were randomly selected from current and past rosters of Anderson’s classes, Gross wrote.
Ten of the “students encountered/observed Mr. Anderson touching students’ backs/shoulders/head while walking around the classroom checking on student work,” according to Gross. In addition, Gross wrote, “These students were embarrassed and angry or both about the unwanted touch.”
“He would sit under his desk, and I’d be sitting in my seat, and he would grab my leg from under his desk, said senior Aya Al-Mathkur in an interview “I never felt comfortable in that class,” she added. Al-Mathkur was a student in Anderson’s life management and world history classes.
Al-Mathkur said Anderson also hugged her from behind on her birthday although she had previously told him that she did not want to be touched by him and did not like to be touched by men.
Fourteen of the students Gross interviewed commented on pictures Anderson had in his classroom, many of which included him with his arm around female students that were often petite, dark-haired, and Asian, Gross wrote.
“His classroom had pictures of only girls basically,” said junior Anika Gandhi in an interview. “His seating chart was girls in the front, guys in the back.” Gandhi was in Anderson’s life management and world history classes.
In addition, four of the students interviewed by Gross commented that Anderson scheduled or wanted certain students in his class, Gross wrote. Twenty-two of the students expressed that Anderson favored girls, Gross wrote.
“At the end of the year, he asked his favorite students, which were, I don’t know, like 10 girls. He was like, ‘I would love for you guys to be in my world history class, if you could go talk to your counselors and make sure they put you in my world history class,’” Al-Mathkur said.
Gross also wrote that eighteen of the students commented on Anderson sharing his phone number with the class.
“He expressed that the best way to contact him about any classwork or any situation that involves him would be to text his number, give him a phone call,” junior Jarron Temple, who was in Anderson’s world history class, said. “He did take emails but he preferred to be texted or called.”
Other allegations against Anderson included saying inappropriate comments that made students uncomfortable and doing or saying things students did not expect from a teacher, Gross wrote.
“We were in groups and we were picking group names, and this other group jokingly named their group ‘Hot Russian Spies,’ and it was mostly girls … and one guy,” said junior Andrea Topete, who was in Anderson’s world history class. Anderson “referred to the guy as a pimp in a group full of girls.”
Anderson was friendly to Temple, and they had a positive relationship, Temple said. However, he did observe that Anderson often touched students and treated female students differently, Temple added.
Gross interviewed students, took notes on what they said, and asked them to write their statements in their own words and handwriting, Gross wrote in the records.
“Not only was this investigation hard for students, but it was hard for me to bear witness to the student accounts,” Gross wrote.
In a picture of the paper on which Gross asked her to write her statements, provided by a student who wishes to remain anonymous for her safety, the student was asked to sign below a message that stated, “Under Education Code Section 489.18 subdivision (f), I submit this declaration to serve as my sworn witness statement in lieu of my testimony at a hearing. I understand that a copy of my sworn statement, with my name and identity removed, will be provided to the hearing panel. I have read this declaration and I do declare under penalty or perjury of the laws and statutes of the state of California the forgoing is true and correct.”
“Ms. Gross, right at the first time she called me to the office, said that ‘I will be calling your parents to tell them that you will be part of an investigation,’” the student said. “My parents did not get any call from Ms. Gross.”
Gross also did not inform Al-Mathkur’s parents of her involvement in the investigation, Al-Mathkur said.
Al-Mathkur was given the impression that her identity would remain anonymous to Anderson, she said. However, in a later conversation with Brunson, Al-Mathkur discovered that her identity had been revealed to Anderson, she said. Brunson told her there was no way to move forward with the investigation without revealing students’ identities, she added.
The settlement agreement between Anderson and the District, which became effective on June 30, 2022, stated, “The Parties desire to avoid the time and expense attendant upon further administrative and/or civil litigation and to settle, once and forever, all disputes arising out of, related to, or in any manner connected with Employee’s employment with the District.”
The District agreed to provide Anderson with a payment of $28,385.42, an equivalent of two months of salary and benefits, according to the terms and conditions of the agreement.
Prior to the Gross’ investigation, Associate Principal Skyler Draeger wrote in an email to Anderson on Dec. 10, 2021, “Student A complained that you touched her hair and told her that it was beautiful and that she should never cut it.” In addition, Draeger wrote, “Please do give this email careful consideration because repeated violations of boundaries can lead to serious consequences to your job.”.
In response to Draeger’s email, Anderson wrote, “It’s disheartening that students can make accusations that definitely exceed the truth and seem to be taken at their word over an educator.”
In the email, Anderson added that the rows between student desks in his classroom are narrow, and he may have accidentally brushed the student’s hair as he walked by.
The Union sent Anderson a message to request comment for this story, but he did not reply. Gross, Draeger, and Rojas declined to be interviewed for this story.
“The District does not tolerate sexual harassment in any form, from any member of our school community,” Brunson said in an email interview. “The District acted very promptly upon notification of student complaints against these two employees, and we followed both board policies and the terms of the collective bargaining agreement in place with the teachers’ union in resolving those complaints. We encourage any student who believes they have been sexually harassed to report such incidents to us, and we want to reassure students that such complaints will be addressed promptly and thoroughly.”
As of the date of publication of this story, Anderson still has a valid teaching credential in the state of California, according to the Commission on Teaching Credentialing website.