Wilcox High cheerleader case: Police deem alleged homophobic behavior not criminal - East Bay Times

November 05, 2019 at 12:12PM

SANTA CLARA — Santa Clara police investigators found no criminal evidence to charge any Wilcox High School students over alleged homophobic slurs directed at a freshman male cheerleader, authorities announced Monday.

"Based on the information provided by the involved parties and after careful consideration of the law, the actions of the involved students do not rise to the level of a criminal violation," Santa Clara Police Capt. Wahid Kazem said in a news release.

"Although not deemed criminal in nature, behavior that is hateful, threatening and mean spirited has no place in our community," Kazem added. "The Santa Clara Police Department is committed to investigating such behavior when warranted and enforcing to the full extent of the law.

The investigation began after some members of Wilcox football team allegedly targeted the 14-year-old cheerleader during a pep rally on Oct. 18 and later that day during the varsity game against Milpitas High School.

Santa Clara Unified School District officials announced Oct. 24 that they had taken action in the case but details of that discipline were not revealed by the district nor by Wilcox principal Kristin Gonzalez.

"From a disciplinary standpoint, the school has taken the actions available given the facts of the case, which range from removal from athletics to suspension from school," Gonzalez wrote in a seven-paragraph announcement released to this news organization.

School district spokeswoman Jennifer Dericco declined to provide more details, citing student privacy rules.

Other than Dericco, district and school executives and Wilcox football coach Paul Rosa have repeatedly declined to comment about the situation.

Wilcox returned to the field Friday for the first time since the allegations and beat rival Santa Clara 63-7. The victory clinched no worse than a share of the Santa Clara Valley Athletic League De Anza Division championship for the Chargers.

They can claim the outright title Friday at home against Fremont-Sunnyvale. The team will then move on to the Central Coast Section Division I playoffs that begin Nov. 15. A sign in front of Wilcox High School of Santa Clara lists athletic events for the week. (Elliott Almond/Bay Area News Group)

The Chargers, who are ranked No. 8 in the Bay Area by this news organization, are a defending state champion.

But the team has received more attention for the alleged anti-gay comments than its so-far successful season. As of Monday, a change.org petition in support of the cheerleader had more than 12,300 signatures.

"As our community begins moving forward from what has been a very painful week, I want to connect with you because I feel that it is critical that we begin the healing process," Gonzalez said in her letter to the community that was also given to this news organization. "As difficult as this week has been, there is also an opportunity for our school community to come together in order to work to create an environment that will ensure that every single student at Wilcox feels welcomed and embraced."

The situation that began at a pep rally escalated during the game, the cheerleader's father said last week.

The boys' cheerleading teammates protested the behavior by some players, the father said, by refusing to hold up banners that the team traditionally runs through to re-enter the field after the halftime break. The father said his daughter, a former Wilcox cheerleader, took her brother home at halftime because she was worried about his safety.

This news organization is not identifying the alleged victim and his family because he is a minor.

The situation at Wilcox has left Chargers athletics booster club president Marc Lund disappointed.

"I would have thought the way things have been going in the world nowadays, the kids would have been enlightened," said Lund, who doesn't have a son on the team.