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A former biology teacher and cheer coach facing allegations of sexual assault and harassment from former students in both a criminal case set to go to trial this month and a lawsuit initiated last year has spoken out for the first time on public record in court filings last month in the civil case.
Nicholas Moseby filed a response and cross-complaint in the civil case against him, the San Ramon Valley Unified School District and several of its administrators, and the San Ramon outpost of the NorCal Elite cheerleading program. Moseby is calling the allegations retaliatory and racially motivated and demanding more than $750,000 in damages.
Moseby, who has pleaded not guilty to the eight charges he faces in the criminal case, declined to comment further on either case when contacted by DanvilleSanRamon.com. Attorneys for the plaintiffs and the school district had not responded to requests for comments as of Tuesday evening.
According to Moseby – who is representing himself in the civil case – the allegations stemmed from a “coordinated effort to harass and stalk” him by two of the anonymous plaintiffs in the civil case, Jane Doe 1 and Jane Doe 2, and their parents at the start of the 2021-22 school year at San Ramon Valley High School, his first time teaching full-time and in-person after he initially taught online amid school closures early in the COVID-19 pandemic.
Moseby alleges that the two girls confessed to not liking him and made their first complaint about him in October 2021, after he’d sent them out of the classroom for disruptive behavior, kicking off a pattern of alleged “ongoing abuse” that he said “made it difficult” for him to do his job.
“Jane Doe 1 and Jane Doe 2 were disruptive in class on several other occasions after this,” Moseby wrote in the cross complaint. “Each time they were asked by Moseby and his aide, an adult paraeducator, to correct their behaviors. Their disruptive behavior included taking phones out in class and not wearing masks during the COVID legally enforced mask wearing period. Each of these times, Jane Doe 1 and Jane Doe 2 went to the office to complain against Moseby.”
Moseby said that the students’ disruptive behavior led him to stand near them and monitor them during class, leading to a further complaint from the girls that this made them uncomfortable, and leading them to allegedly recruit several boys in their class in efforts to retaliate against him.
“The boys made a meme of Moseby with devil horns and dubbed it with an audio recording attributed to Moseby saying, ‘I like little girls,'” Moseby wrote in the cross complaint. “This meme went viral on the campus of San Ramon Valley High School. The boys created fake social media accounts using Moseby’s name and sent out messages from these accounts that set Moseby up to look like a predator.”
This was allegedly encouraged by the two girls, according to Moseby, with pictures of him with devil horns going on to be posted on walls and classroom doors.
“Along with the sexual accusations and the conspiracy of Jane Doe 1 and Jane Doe 2 with the boys, there were numerous racial attacks against Moseby by the boys,” Moseby wrote. “These included threats by text that were saved and are well-documented by SRVHS staff who sent the report to the authorities of that area.”
The girls’ parents also escalated the situation, according to Moseby, when they “constantly complained” to the school’s management, and with the father of Jane Doe 1 allegedly showing up at Moseby’s part-time job at NorCal Elite, and at least one time standing across from Moseby while glaring and filming him and his students without permission.
“They did not like Moseby and wanted him to not teach their daughters,” Moseby wrote.
The following school year, Moseby was shifted to a substitute position at Diablo Valley Middle School, where he encountered Jane Doe 3 when he was asked to fill in to teach a PE class at the last minute. In the initial complaint, Jane Doe 3 alleged that Moseby pressed against her back and that she “felt a hard object from his pelvic area” according to her attorneys, then “ordered her to do bear crawls while he watched her”.
According to Moseby, however, these allegations did not take shape based on his interaction with her in class, but only after his arrest on Sept. 14, 2022 and subsequent media coverage.
“When Jane Doe 3 learned that there was a news story about Moseby, she posted on social media that she thought it would be funny to do something to Moseby,” Moseby wrote. “Jane Doe 3 made a complaint that Moseby stood too close to her and molested her in front of the whole class while out on the blacktop. After this, Jane Doe 3 alleged Moseby followed her around the PE field making inappropriate comments.”
Moseby was initially charged with two counts of committing lewd acts upon a child by the Contra Costa County District Attorney’s Office on Sept. 16, 2022, one allegedly involving a 15-year-old on Aug. 31, 2022 and one allegedly involving a minor under 14 on Sept. 4, 2022.
A third alleged victim came forward following his arrest, with Moseby currently facing a total of four felony charges and three misdemeanor charges in the upcoming criminal trial. It is not clear whether the four Jane Does in the civil case are the same girls as the alleged victims in the criminal case.
Moseby did not specifically address allegations from Jane Doe 4 — a then-15-year-old Monte Vista student who’d taken private lessons at NorCal Elite with him and who accused him of groping her during one of those lessons — in either the cross-complaint or response.
In the response to the initial civil complaint, Moseby alleged that Jane Doe 1, Jane Doe 2 and Jane Doe 3 “committed egregious, conspiratorial, and sophisticated acts of racially motivated actions and hate action” arguing that all four Jane Does should have their guardian ad litem assignments revoked and instead stand as adults, and that they “should not be considered minors under the law.”
Jane Doe 1 and Jane Doe 2 are both over the age of 18 now, and Jane Doe 4 will be 18 by the time of the next hearing in the civil case in May, according to Moseby’s response. While Jane Doe 3 is not yet 18, Moseby argued that she should still stand as an adult “because of the sophisticated and serious nature of accusations against defendants.”
Moseby is seeking $779,116 in restitution from the four plaintiffs in his cross complaint, to account for his missed wages after being fired from SRVUSD, compensation for the student loans he took out for his teaching certification, and restorative compensation “due to the malicious nature of the accusations and the education industry deeming him unemployable”.
The criminal case is set to go to trial starting on Monday (March 24), following a total of seven delays so far.
