News

Parents of teen who drowned on campus file claim with SRVUSD

Claim states the district did not do enough to ensure student safety

The San Ramon Valley Unified School District has been hit with a claim from the family of 15-year-old Benjamin Curry, who drowned in the San Ramon Valley High School pool in early May.

The claim -- which typically precedes a lawsuit -- argues that Curry’s physical education teacher failed to properly supervise the students in his class, further calling it negligence done with a “willful and knowing” disregard for student safety.

“Mr. (Aaron) Becker's actions show that he was aware of the probable and dangerous consequences of his conduct, and deliberately failed to avoid those consequences,” the claim reads. “Additionally (SRVUSD) and its employees failed to properly train, hire and supervise those individuals who were responsible for Benjamin Curry’s death.”

Prepared by the Curry family’s lawyer Andrew C. Schwartz, the claim states that toward the end of class, Curry drowned after Becker had the class tread water for three minutes, not allowing students to touch the pool’s ropes.

After extending the exercise for an additional 30 seconds, the claim alleges that Becker failed to notice Curry slip under the water and drown due to exhaustion and then dismissed the class and failed to notice Curry was not among the students leaving the pool.

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The claim further noted that no lifeguards were present to assist the teacher in monitoring the class of 57 students, and the district did not have adequate policies in place protecting students in school pools.

Released in June, the Contra Costa County coroner's autopsy report and Danville police investigation concluded that the drowning was an accident and not self-inflicted as some initial reports suggested. Police recommended no criminal charges and determined no criminal negligence contributed to the boy's death in the campus pool.

“As class ended, students were seen swimming to the edge of the pool and leaving the pool area. Based on camera angles, it was unclear if (Curry) left the pool with the other students or if he remained in the pool. Video surveillance captured no further activity in the pool area until approximately 1:40 p.m., when fifth-period swim class arrived at the pool area," Danville police officer Kyle Rhoton recounted in the coroner's report, after watching a school video recording of the incident.

SRVUSD officials, who received the claim last week, said they have not had time to review it and are unable to comment on its contents.

Officials did, however, address one aspect of the claim, which stated that the district failed to correct the false narrative that Curry took his own life.

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“As a school district, we were not in a position to comment on an open police investigation into the cause of death. What we did do is encourage our families not to speculate on the cause of death or engage in rumors,” SRVUSD spokesperson Elizabeth Graswich said.

Graswich highlighted a letter sent to community members and parents in May by SRVHS principal Jason Krolikowski, encouraging them to not participate in uninformed speculation.

“We understand that there are many rumors circulating in the community, but we want to discourage students from discussing these rumors since they may turn out to be inaccurate and can be hurtful and unfair to family and friends. We'll do our best to give you accurate information as it becomes known to us,” he wrote at the time.

Since the incident, SRVUSD has not offered swimming as a part of their PE curriculum, and pools are currently limited to water sports teams such as swimming and water polo. Additionally, in August the district announced that it would now mandate every pool be staffed with at least three lifeguards when in use, following safety guidelines established by the American Red Cross.

Previous projections indicate that the lifeguard program will cost about $125,000 for the fall semester.

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Parents of teen who drowned on campus file claim with SRVUSD

Claim states the district did not do enough to ensure student safety

by Ryan J. Degan /

Uploaded: Mon, Oct 8, 2018, 1:39 pm

The San Ramon Valley Unified School District has been hit with a claim from the family of 15-year-old Benjamin Curry, who drowned in the San Ramon Valley High School pool in early May.

The claim -- which typically precedes a lawsuit -- argues that Curry’s physical education teacher failed to properly supervise the students in his class, further calling it negligence done with a “willful and knowing” disregard for student safety.

“Mr. (Aaron) Becker's actions show that he was aware of the probable and dangerous consequences of his conduct, and deliberately failed to avoid those consequences,” the claim reads. “Additionally (SRVUSD) and its employees failed to properly train, hire and supervise those individuals who were responsible for Benjamin Curry’s death.”

Prepared by the Curry family’s lawyer Andrew C. Schwartz, the claim states that toward the end of class, Curry drowned after Becker had the class tread water for three minutes, not allowing students to touch the pool’s ropes.

After extending the exercise for an additional 30 seconds, the claim alleges that Becker failed to notice Curry slip under the water and drown due to exhaustion and then dismissed the class and failed to notice Curry was not among the students leaving the pool.

The claim further noted that no lifeguards were present to assist the teacher in monitoring the class of 57 students, and the district did not have adequate policies in place protecting students in school pools.

Released in June, the Contra Costa County coroner's autopsy report and Danville police investigation concluded that the drowning was an accident and not self-inflicted as some initial reports suggested. Police recommended no criminal charges and determined no criminal negligence contributed to the boy's death in the campus pool.

“As class ended, students were seen swimming to the edge of the pool and leaving the pool area. Based on camera angles, it was unclear if (Curry) left the pool with the other students or if he remained in the pool. Video surveillance captured no further activity in the pool area until approximately 1:40 p.m., when fifth-period swim class arrived at the pool area," Danville police officer Kyle Rhoton recounted in the coroner's report, after watching a school video recording of the incident.

SRVUSD officials, who received the claim last week, said they have not had time to review it and are unable to comment on its contents.

Officials did, however, address one aspect of the claim, which stated that the district failed to correct the false narrative that Curry took his own life.

“As a school district, we were not in a position to comment on an open police investigation into the cause of death. What we did do is encourage our families not to speculate on the cause of death or engage in rumors,” SRVUSD spokesperson Elizabeth Graswich said.

Graswich highlighted a letter sent to community members and parents in May by SRVHS principal Jason Krolikowski, encouraging them to not participate in uninformed speculation.

“We understand that there are many rumors circulating in the community, but we want to discourage students from discussing these rumors since they may turn out to be inaccurate and can be hurtful and unfair to family and friends. We'll do our best to give you accurate information as it becomes known to us,” he wrote at the time.

Since the incident, SRVUSD has not offered swimming as a part of their PE curriculum, and pools are currently limited to water sports teams such as swimming and water polo. Additionally, in August the district announced that it would now mandate every pool be staffed with at least three lifeguards when in use, following safety guidelines established by the American Red Cross.

Previous projections indicate that the lifeguard program will cost about $125,000 for the fall semester.

Comments

Drew
Danville
on Oct 8, 2018 at 11:28 pm
Drew, Danville
on Oct 8, 2018 at 11:28 pm

Aaron Becker continues to show up and laugh and joke around while working at school. Ben Curry has since been cremated and only is a memory for his parents and the community. This is not right and Aaron Becker needs to be fired from the district. Aaron Becker was in a hurry and decided that a student at the bottom of the pool was not his responsibility. Aaron Becker works for me (the community) and I have fired him. SRVUSD please give him notice of his termination. Teachers that do not feel they are responsible for every kid in their class have no business being teachers. Every life is important and are not to be just wasted for self improvement of the teacher. Aaron Becker had his chance at being a teacher and he failed the most basic responsibility. Aaron Becker good luck on your next career you are not cut out to be a teacher.


mrszalewski2
Registered user
Danville
on Oct 9, 2018 at 6:16 am
mrszalewski2, Danville
Registered user
on Oct 9, 2018 at 6:16 am

As SRVHS parents, lets begin a petition for the changes that we feel need to occur. As Aaron Becker is part of the teacher’s union, I’m sure he will have to go through the disciplinary process prior to being terminated. I know it sounds illogical in light of what has occurred but given no charges were filed, I believe it is the only recourse. As parents, we hold more power than we are aware. It may sound extreme but each day our children don’t attend school, SRVHS loses federal funds. We could hold an entire day absence and keep our children at home to show our displeasure about the way things have been handled. I also know of parents who are looking at other schools for their children to transfer into. Any and all suggestions are welcome for as a group we can evoke the needed change.


Sandy
Danville
on Oct 9, 2018 at 6:56 am
Sandy, Danville
on Oct 9, 2018 at 6:56 am

I had to go in front of a SRVUSD board of 19 (not a typo) community representatives, including 2 cops, vice principles, and other admins just to request my son be switched from an elective Spanish class into any other elective class. But they think it's okay to have just one adult supervise 57 students.


Evan
San Ramon
on Oct 9, 2018 at 9:28 am
Evan, San Ramon
on Oct 9, 2018 at 9:28 am

Rick Schmitt superintendent of SRVUSD comes from a school district with no pools.
Why does SRVUSD top administrators come from much smaller districts. Rick is from a school district of 12,000 students we have 32,000 students. The CBO (risk manager)Greg Medici comes from a district of 2,900 students. We are the district that suffers with administration that can offer no expertise in the management of a large district. The past couple of years SRVUSD administration is proven they are a lawsuit waiting to happen. We suffer as the administration learns on the job. We pay professions to manage the district and they are failing in their responsibilities. Rick is in over his head. How many more cases of the parents correcting the districts response to events do we have to endure? Such as the recording of a girl in the bathroom. Which was only addressed after the threat of a lawsuit. In this case the correct response having now learned that Ben Curry died while under the care of Aaron Becker is that Aaron be suspended while his termination is being completed. But I am sure SRVUSD does not like the financial impact of that response and is waiting to be forced.


Marie
Danville
on Oct 9, 2018 at 9:37 am
Marie, Danville
on Oct 9, 2018 at 9:37 am

Just curious if any of the parents who want this teacher to be fired voted in tenure? Thank you to liberal Danville, California for making this harder.


Evan
San Ramon
on Oct 9, 2018 at 9:48 am
Evan , San Ramon
on Oct 9, 2018 at 9:48 am

Because the district is lacking in experience let me help them out. "AB-215 School employees: dismissal or suspension: hearings. Which was passed in June 25, 2014. This act is intended to revise existing statutes in a manner that will update and streamline the procedures for certificated employee discipline and dismissal, making it more cost effective and reducing the time necessary to complete the dismissal process." Aaron Becker's actions fall into a couple of the cases that are justification for dismissal.


hamilton
Registered user
Vista Grande Elementary School
on Oct 9, 2018 at 10:00 am
hamilton, Vista Grande Elementary School
Registered user
on Oct 9, 2018 at 10:00 am

Marie ~
A young man has died. This is not because of liberals or conservatives! Keep your politics out of it.


Marie
Danville
on Oct 9, 2018 at 10:28 am
Marie, Danville
on Oct 9, 2018 at 10:28 am

hamilton: Don’t jump to conclusions, I did not say anything about conservatives or liberals is the reason why he died. Those thoughts are disgusting. I just stated the fact that if everyone wants to complain that he’s not fired, there is a reason, and that reason is because liberals voted in tenure. But if you want to bring in politics, this is the same argument that liberals condemn conservatives for saying marriage is between one man, one woman, and God and how they twist this belief to say we are against all people living the way they want to live. If you are a true religious conservative, you would understand these are two separate points. But let’s get back on topic!


Chris
San Ramon
on Oct 9, 2018 at 10:31 am
Chris, San Ramon
on Oct 9, 2018 at 10:31 am

So from what the lawsuit says the students were treading water during which Curry drowned and no one out of 57 people noticed? I hope that the police interview all the students form the class to better understand what happened.

"After extending the exercise for an additional 30 seconds, the claim alleges that Becker failed to notice Curry slip under the water and drown due to exhaustion and then dismissed the class and failed to notice Curry was not among the students leaving the pool."


hamilton
Registered user
Vista Grande Elementary School
on Oct 9, 2018 at 12:04 pm
hamilton, Vista Grande Elementary School
Registered user
on Oct 9, 2018 at 12:04 pm

Sorry, Marie, you and I are going to have to agree to disagree!


hamilton
Registered user
Vista Grande Elementary School
on Oct 9, 2018 at 12:04 pm
hamilton, Vista Grande Elementary School
Registered user
on Oct 9, 2018 at 12:04 pm

Sorry, Marie, you and I are going to have to agree to disagree


Marie
Danville
on Oct 9, 2018 at 12:25 pm
Marie, Danville
on Oct 9, 2018 at 12:25 pm

Hamilton: respect! Agreeing to disagree make America great.


David
Danville
on Oct 9, 2018 at 4:57 pm
David, Danville
on Oct 9, 2018 at 4:57 pm

I played football for many, many years. Most the coaches had a certain trait...a huge ego. Punishment was pleasurable to them. They'd sit while players barfed and almost collapsed from heat exhaustion.

It seems to me Becker meets this profile. Treating normal kids like they're doing Navy Seal training. Unbelievable and now deadly.

Mr. Becker...please resign. Go away. Be sorry. Live the rest of your life trying to do good for the family and for all kids. You continuing to work with kids is an insult to every parent in the District. Go away.


mrszalewski2
Registered user
Danville
on Oct 10, 2018 at 6:12 am
mrszalewski2, Danville
Registered user
on Oct 10, 2018 at 6:12 am

So many questions and no answers probably because of the pending litigation. I would like to know what the other students in the swim class revealed to investigators. I guess it won’t come out until trial. I wonder if the district is afraid of a wrongful termination suit from Becker if they fire him before the trial. He could claim he was”only following orders”...as many of those involved in history’s atrocities have done.


Betty
another community
on Oct 10, 2018 at 8:33 am
Betty, another community
on Oct 10, 2018 at 8:33 am

mrszalewski2, Do not give up seeking the truth.
Try to get the police report using a public records request. From this and other articles it seems Curry's lawyer is basing the claim on the police report. Might need to get report number from Danville PD. Here is link where you can find out more. Web Link

Would help more but do not live in the area. Do not be surprised if you need to appear in person to make the records request. From the behavior of the school district my guess is they were betting on the family of the student taking an offer of big bucks and going away. But it looks like you live in a affluent area and I doubt the family needs the money. Lawyers for the guilty hate dealing with people that do not need the money. Please help the grieving parents and community to stay strong and seek the truth.


Channon
Danville
on Oct 12, 2018 at 6:20 am
Channon , Danville
on Oct 12, 2018 at 6:20 am

The worst event ever imaginable. I hope this settles out of court so that the parents don’t have to relive the worst thing to ever happen to them.


mrszalewski2
Registered user
Danville
on Oct 12, 2018 at 7:40 am
mrszalewski2, Danville
Registered user
on Oct 12, 2018 at 7:40 am

I’m sure it will settle out of court in mediation. The SRVHSD doesn’t want this horrible matter to see the inside of a courtroom whether it be in front of a judge or a jury. However, the Curry family still has to relive the most horrible day in their life as mediation is two sided. They have to be there along with their attorney and SRVHSD with their attorney as well. I know from first hand knowledge as I had to participate in mediation when my daughter was severely injured in a car accident caused by another driver. Mediation can still be very traumatic for the injured and survivors.


Nebuchadnezzar
San Ramon
on Oct 12, 2018 at 9:00 am
Nebuchadnezzar, San Ramon
on Oct 12, 2018 at 9:00 am

Let's not rush to judgement like some of us did with Brett. K. Let's give the man a chance at due process. Another thing that makes America great. In the meanwhile I think it's only fair that the district should reassign Baker, with full pay, to perhaps, crossing guard duties? We get to temper our own opinions by seeing the man in action.


mrszalewski2
Registered user
Danville
on Oct 12, 2018 at 9:10 am
mrszalewski2, Danville
Registered user
on Oct 12, 2018 at 9:10 am

Good ideas about assigning Becker to other duties. There is an incompetent math teacher still employed at SRVHS who was moved to the attendance office . I don’t know whether that transfer was done based on parent complaints or if the school officials woke up and realized she could not effectively teach math. And that transfer was the not the result of a student death


Chris
San Ramon
on Oct 12, 2018 at 9:40 am
Chris, San Ramon
on Oct 12, 2018 at 9:40 am

It still isn't clear to me if Curry drowned during class or stayed behind after everyone was told to leave the pool and then drowned after class. Did I miss something?


Katie
Danville
on Oct 12, 2018 at 10:31 am
Katie, Danville
on Oct 12, 2018 at 10:31 am

Ben drowned in class. In front of Aaron Becker. And then the class and Becker left for lunch. Ben’s towel, shoes, and phone remained on the bleachers as well. The next swim/PE class after lunch (over an hour later) found Ben at the bottom of the pool.


Chris
San Ramon
on Oct 12, 2018 at 10:47 am
Chris, San Ramon
on Oct 12, 2018 at 10:47 am

@Katie He did? How do you know and the police and coroner do not? Os there more information you wish to share?

“As class ended, students were seen swimming to the edge of the pool and leaving the pool area. Based on camera angles, it was unclear if (Curry) left the pool with the other students or if he remained in the pool. Video surveillance captured no further activity in the pool area until approximately 1:40 p.m., when fifth-period swim class arrived at the pool area," Danville police officer Kyle Rhoton recounted in the coroner's report.


Katie
Danville
on Oct 12, 2018 at 11:18 am
Katie, Danville
on Oct 12, 2018 at 11:18 am

There was no further activity in the pool area after Becker’s left until the next class arrived in the pool area. How would Ben get back in the pool and drown if no one else got back in the pool during that hour+ time period? They might not have seen whether or not he left with the class but he sure didn’t get back in afterwards if no activity happened and the next class found him in there. Just doing the math.


Parent
Danville
on Oct 12, 2018 at 11:57 am
Parent, Danville
on Oct 12, 2018 at 11:57 am

Chris, You are referring only to the coroner's report not the police report. The police report was not completed till July 5th The Curry's have access to the police report and video it is conclusive that Ben did not surface again.
This article is a watered down version of articles on the claim against SRVUSD. It does not even mention that Aarron Becker is the varsity football coach. Which is critical to understand what happened in that pool.


Chris
San Ramon
on Oct 12, 2018 at 12:56 pm
Chris, San Ramon
on Oct 12, 2018 at 12:56 pm

It didn't seem that there was footage that actually showed what happened based on the Police's comment:

"Based on camera angles, it was unclear if (Curry) left the pool with the other students or if he remained in the pool."


Parent
Danville
on Oct 12, 2018 at 1:49 pm
Parent, Danville
on Oct 12, 2018 at 1:49 pm

Chris, You are again referring to the coroner's report. That is not the police report. Coroner's report contains the first review of the video by the police. Kyle Rhoton is the resource office on site at SRV high he is not a detective. The police report contains a much more detailed review of the video.


Chris
San Ramon
on Oct 12, 2018 at 3:14 pm
Chris, San Ramon
on Oct 12, 2018 at 3:14 pm

@Parent Oh, can you post your copy of the police report?


Eric
Danville
on Oct 12, 2018 at 3:39 pm
Eric, Danville
on Oct 12, 2018 at 3:39 pm

Chris, literally nobody can because you can’t attach files here. Not sure what you’re trying to prove but a 15 year old boy died on school grounds during school hours. It was ruled accidental aka not a suicide and no foul play. If you’re attempting to point blame at anyone other than school officials, you are misguided in your judgement of the duties our teachers have for the safety of our children. Ben is not to blame for his own death. The students in his class are not to blame for his death. But drowning is 100% preventable and the school district and teacher were able to prevent this. They did not. Defending them is senseless and does a disservice to our children and Ben’s memory.


Chris
San Ramon
on Oct 12, 2018 at 8:34 pm
Chris, San Ramon
on Oct 12, 2018 at 8:34 pm

All I’m asking for is the facts of what happened. Is there additional information available? Did Ben drown during class? After class? Was it due to a teacher forcing him to tread water? What angles do the camera show? Is there actual footage of what happened?


Mom of 2
Danville
on Oct 14, 2018 at 9:32 pm
Mom of 2, Danville
on Oct 14, 2018 at 9:32 pm

So many comments off topic here. It is truly sad and no amount of money will help. I hope it settles out of court so only those involved know the facts. So many dimensions, 57 kids in PE due to funding issues. They overload PE so the “core” classes can have fewer students. Look at the district for that. It’s the pressure put on all our teachers, teaching more with less.

People are being asked not to speak, probably because of the lawsuit.
@Parent, why is it important to mention he’s the football coach? @David, is that your leap to judgment/stereotype about all football coaches? I don’t care for Becker but there are too many angles to this story to be hashed out among people in the community, that are too quick to judge.


mrszalewski2
Registered user
Danville
on Oct 15, 2018 at 5:57 am
mrszalewski2, Danville
Registered user
on Oct 15, 2018 at 5:57 am

@ Mom of 2. I agree with you and that no sum of money will bring Ben back or alleviate the suffering of his family . I disagree with you in that I believe the public does have a right to know so that we can be assured that an event such as this will never occur again. I think that the Curry family does want the public to know as they released the coroner’s report. Strangely enough prior to this tragedy, Aaron Becker was my favorite teacher at SRVHS and taught my 3 children PE and coached my son in football. Because this tragedy was so out of character for Becker, it is important for the public to know the facts of the case. For those who want to bury their heads in the sand and call it” a tragic accident “, history is doomed to repeat itself ,


Sport_Parent
Danville
on Oct 15, 2018 at 7:31 am
Sport_Parent, Danville
on Oct 15, 2018 at 7:31 am

Mom of 2, With a kid who plays a year around sport I have to say that it is relevant that the PE teacher is the varsity football coach. How Aaron Becker ran the treading drill is classic football and basketball technique. To improve the team punish the entire team for the weakest player. This will have three benefits for the team. The weakest player will be shamed into pushing himself to the limit. The other players will harass the weaker player about the fact that they all had to repeat the drill because of him. The weakest player will quit the team. Team sports are about the team winning. Ben played year around basketball so he probably pushed himself to the limit. Ben had been at open gym that morning from 6:00-7:30 am. and the treading drill was after swimming laps at around 12:30 .


TL
Danville
on Oct 15, 2018 at 1:51 pm
TL, Danville
on Oct 15, 2018 at 1:51 pm

@Chris you should demand the facts from the school district and elected school board. The fact that people like you are still asking for the "facts" after 5 months accomplishes their goal - lack of information makes people question the truth and takes the focus off of the fact that a child went to school and didn't come home to his family because he died in the school's care through no fault of his own. Period. Every single parent should be outraged about that alone. The district said in statements to the MEDIA that they would provide "accurate info when it becomes known." They have said NOTHING to the parents of the 30000 students in the district or the tax payers who approve their bond requests. Don't let them hide behind "lawyers" or "possible litigation". There are UNDISPUTED facts that they fully know and have known since the week Ben died. My son was in the PE class. We went to the police station the night Ben died and I reviewed the video with him and the police. We saw him go under water on the video in the class. He did not come back to the pool after everyone left and the police AND school have known that from the beginning. His dry, folded towel, shoes and cell phone were sitting poolside when the teacher left. After the teacher added more time, Ben slipped under the water at the end just as everyone was getting out of the pool so the kids didn't notice. People keep wanting to avoid getting the facts out and censoring posts, but that adds to the secrecy and misinformation. For the school, the less people know, the better. But, that puts our children at risk of a repeat. In October last year, a Freshman at Cal High also drowned in PE class at the end as kids were getting out of the pool. They have a lifeguard at Cal High (not at SRV). The PE teacher noticed the student in the water, pulled the student out (not breathing and with no pulse). After 3 rounds of CPR, they revived the student. The teacher warned at a school board meeting the next month that a child might die with high enrollment numbers in the class. We didn't hear about this because the school refused to let parents in the district know so we could ask questions about safety or protect our kids. I recently stumbled upon this information by accident, NOT bc the school my kids attended told me, which I would expect when I pay taxes and donate money to their schools. That is the tragedy-they are trying to do it again here. Why is the school issuing statements in the press but have not said anything directly to parents or the community about the FACTS since the week Ben died - only a vague statement sent only to families of SRVHS. Why nothing to parents district wide - we ALL have an interest in our kids' safety, regardless of the school our kids attend. The Cal High incident and Ben Curry shows what happens when the district limits information. As for Mr. Becker, if a teacher left a first grader in a hot bus after a field trip who died, would the teacher not be placed on leave pending the outcome of the investigation? This is not about personally attacking anyone or questioning whether they are a good or bad person. If a teacher has a job, and a child dies on their watch, where is the accountability? There is a mom in our community whose only child died when she sent him to school. How many chances does one get when a child dies?


Parent In The Dark
Danville
on Oct 16, 2018 at 9:43 am
Parent In The Dark, Danville
on Oct 16, 2018 at 9:43 am

SRVUSD needs to explain the lack of action on accountability for the death of a student now!
The following facts are true and SRVUSD needs to give the community answers on how they allowed the facts to happen.
1) Student died during PE class.
2) 57 students one teacher
3) Rumor not stopped with truth on day tape reviewed. Even if all that was disclosed was that Ben did not sneak into pool after class was over. SRVUSD knew this the day of the drowning.
4) Student not detected while slipping under water
5) Student not detected at bottom of pool.
6) Class dismissed with out a student present.
7) PE teacher not suspended during criminal investigation.

Each of the facts need to have accountability from SRVUSD to the community. The tragic drowning at Castlewood Country Club which occurred in a private swimming pool had more transparency then a drowning at a public high school. Both had video of the drowning and faced litigation. With Castlewood the public learned within one week from the drowning what had happened in that pool. We are still speculating as to what happened in our public high school pool.


Chris
San Ramon
on Oct 16, 2018 at 10:52 am
Chris, San Ramon
on Oct 16, 2018 at 10:52 am

@TL
Thank you for the additional information and clarification of the facts. This is the first time that someone who had seen the video stated that the video showed Ben going under during class as students were getting out. I'm glad that I kept asking questions because now a factual account of Ben's tragic death is finally getting out to the public.


Mike
San Ramon
on Oct 17, 2018 at 7:37 am
Mike, San Ramon
on Oct 17, 2018 at 7:37 am

SRVUSD please publish the list of teachers that are allowed to be responsible for the death of a student. Just want to make sure my son does not end up with any teachers on such a list. Will understand if the list is private. Could create an uptick in student deaths if the teachers on such a list became aware of their immunity.


Carrie M. Bean
Registered user
San Ramon
on Oct 18, 2018 at 4:44 pm
Carrie M. Bean, San Ramon
Registered user
on Oct 18, 2018 at 4:44 pm

TL, thank you for that very informative comment. I feel so badly for these parents. I personally don't know how one keeps going on everyday after losing one's child, and I pray that I never find out. This teacher should not be anywhere near ANY child EVER again. Has this sunk into the cement block on his shoulder yet? An innocent child DIED because of him. He belongs in jail in my humble opinion. He is negligent at best and criminal at worst. I am glad he will never come anywhere near any of my children and if I still had a child in that school, I would make it my mission to see that this man pays for what he did and not just with money. Why he is still gainfully employed at that school is shocking to me. He needs to be cleaning port a potties somewhere.


Grandparent
Danville
on Oct 19, 2018 at 3:53 am
Grandparent, Danville
on Oct 19, 2018 at 3:53 am

Simply stated this is a horrible tragedy for the Curry family and Ben’s many friends. It’s hard to believe how poorly this has been handled. There should be consequences starting with the termination of RicK Schmitt who had prior knowledge of an inherently dangerous situation. Instead the board extended his over 300k annual contract. In my opinion the board is also accountable.
Finally how they keep Becker at the school as a daily reminder to Ben’s many friends of this tragedy, mystifies me.


Mike
Danville
on Oct 20, 2018 at 10:13 am
Mike, Danville
on Oct 20, 2018 at 10:13 am

The pain to Ben Curry’s parents caused by Aaron Becker is not measurable. The English language does not have a word for a parent that lost a child.


Calimom
Danville
on Oct 23, 2018 at 9:11 am
Calimom, Danville
on Oct 23, 2018 at 9:11 am

There is a school board meeting tonight October 23 at 7pm at the district office at 699 Old Orchard at Sycamore Valley Rd for people in the community who would like to express their views to the school district about how they have handled this child's death. Everyone gets 3 minutes to speak during public comment. Please come if you can.


Donald
Danville
on Oct 23, 2018 at 2:19 pm
Donald, Danville
on Oct 23, 2018 at 2:19 pm

I agree with Marie above. Liberals are making this a problem. Aaron Baker is a fine man. Let's not judge him guilty before it is proven for real. No one knows the facts for certain at this time. Let facts come out and then we can judge them to be credible or not. Let law take its due course. Be strong Aaron, you are a tough cookie.


Concerned Parent
Danville
on Oct 23, 2018 at 3:55 pm
Concerned Parent, Danville
on Oct 23, 2018 at 3:55 pm

Donald, the fact is that Aaron Becker walked away from a drowning student while he was getting paid to watch that student and it is all on video but people choose not to believe that fact because it is ugly and terrifying. However, when you decide that you have completed your own investigation and gathered your facts, I hope you publicly apologize to the Curry family and everyone who loves Ben for protecting the man that let him sink to the bottom of a pool for over an hour while he took a lunch break.


Disgusted
another community
on Oct 23, 2018 at 3:57 pm
Disgusted, another community
on Oct 23, 2018 at 3:57 pm

@Donald - what did you say??!! A tough cookie??!!! That "tough cookie" let a 15 year old boy drown and he walks around like he couldn't care less, feeling his oats because it's football season. That comment is disgusting. Maybe if it was your little boy at the bottom of that pool you might feel differently about this "tough cookie". Is that your definition of a "tough cookie" a puffed up petty tyrant who pushes kids to their breaking point and then walks away when they are in trouble?


NotThatDisgusting
Danville
on Oct 23, 2018 at 4:20 pm
NotThatDisgusting, Danville
on Oct 23, 2018 at 4:20 pm

Well, "Donald" is probably just going by the example set by our great President who called the GOP congressman who body slammed a reporter, a tough cookie.

Then there was this news today where about the guy on the plane:
Man accused of groping woman on Southwest flight says Trump said 'it's OK'. I'm sure folks like Marie will find a way to spin that too to blame it on liberals and then say that she's not being partisan.

Web Link

With ideals like these making America great again, I'm sure Marie wishes liberals would just shut up and let our 5-time draft-dodging leader lead us to being tough cookies.


Concerned
Danville
on Oct 23, 2018 at 4:44 pm
Concerned, Danville
on Oct 23, 2018 at 4:44 pm

@Donald Please inform yourself on this case before you comment so blindly. This has impacted an entire community. People are mourning a great kid who had a bright future. The whole tragic event is on video. The facts are as clear as day. A teacher let a child drown on his watch. This was negligence. This was avoidable. Are you aware that Ben’s towel , shoes and cell phone were sitting on the bleachers. What teenager forgets his cell phone and shoes? If Becker was not looking at his cell phone and in such a hurry to get to lunch Ben would still be here. Are you a father? What if your kid died on the teachers watch ? You must not have children. I am assuming from your comment above.


Donald
Danville
on Oct 23, 2018 at 5:14 pm
Donald, Danville
on Oct 23, 2018 at 5:14 pm

Alright, look, there is grief on both sides. Curry's family is indeed grieving and going through difficult times. At the same time, Aaron is being publicly prosecuted on the web without any real evidence yet. If there is, we haven't seen it yet. So, let's not jump to charging him guilty. He and his family is going through difficult times too.

As for "What teenager forgets his cell phone and shoes?", teenagers have bad memory and increasingly short term memory loss. According to Fox News, "Smartphones are killing teenagers' memories, study says"

Web Link


Dad of 3
Danville
on Oct 23, 2018 at 5:15 pm
Dad of 3, Danville
on Oct 23, 2018 at 5:15 pm

@donald “Liberals are making this a problem” How can you say this? A boy, a teenager who had his whole life ahead of him died at school, in the pool, during PE class, under the supervision of the teacher.
“Let facts come out and then we can judge them to be credible or not” the facts are out. This came to down-right negligence of the teacher and the district. The district had a chance to change the policy back in November after the Cal High incident. The district allows an absurd student to teacher ratio and now it’s biting them. He should have never left the pool without accounting for all his students. A teacher is responsible for their students, period.
“Be Strong Aaron, you are a tough cookie” You sir, are a cold-hearted person. How can you say this about a person, a man, a father, a teacher, that allowed a student die on his watch? I could not live with myself if I let a child die while in my care. “A tough cookie” are the Curry’s. To have to live this hell daily, and to have people like you that don’t know anything about the investigation, pool video etc say the things you and others do is absolute asinine.


mrszalewski2
Registered user
Danville
on Oct 24, 2018 at 10:05 am
mrszalewski2, Danville
Registered user
on Oct 24, 2018 at 10:05 am

Does anyone know if anything significant occurred at the school board meeting last evening?


Parent
Danville
on Oct 24, 2018 at 12:42 pm
Parent , Danville
on Oct 24, 2018 at 12:42 pm

KPIX channel 5 did a report on the meeting. But need to wait for SRVUSD to post the audio to hear all the public comments.
Facts in regard to the Oct 2017 drowning at Cal High show that SRVUSD was a helping hand with Aaron Becker in the drowning of Ben Curry. When the SRVUSD board members are judged by god I am sure they will have sound financial reasons for their actions.


mrszalewski2
Registered user
Danville
on Oct 24, 2018 at 12:44 pm
mrszalewski2, Danville
Registered user
on Oct 24, 2018 at 12:44 pm

I agree, Parent. Thank you for the update.


Grandparent
Danville
on Oct 24, 2018 at 1:26 pm
Grandparent , Danville
on Oct 24, 2018 at 1:26 pm

This is not an issue of being liberal or conservative. It’s an issue of compassion and consequences. Compassion for Ben Curry’s family and many friends. Consequences for the SRVUSD school board, superintendent Rick Schmitt and teacher Aaron Becker. The board and Schmitt have totally mishandled this preventable tragedy. To date I’m not aware of any actions taken against the above. The board needs to send an appropriate message to those they claim to represent by the implementation of the immediate suspension of superintendent Schmitt and teacher Becker, which will hopefully lead to their termination.
Leadership of our schools should be proactive in eliminating known dangerous situations. Sadly the SRVUSD board and superintendent have grossly failed in their oversight of protecting every student. Ben’s family and friends will never get him back. A tiny consolation would be knowing those that could have prevented the tragedy are no longer in a position of influence and visible as a daily reminder of their negligence.


Carl S.
Walnut Creek
on Oct 24, 2018 at 3:30 pm
Carl S., Walnut Creek
on Oct 24, 2018 at 3:30 pm


Web Link

Link to the KPIX/CBS story. Ben’s sister spoke to the board.


Mjhjh
another community
on Oct 24, 2018 at 4:05 pm
Mjhjh, another community
on Oct 24, 2018 at 4:05 pm

A teacher:student ratio of 1:57 considered acceptable.
In a class where the risk of fatality is ever-present,

Therein lies the heart of the problem.


Becky
Danville
on Oct 25, 2018 at 7:53 am
Becky, Danville
on Oct 25, 2018 at 7:53 am

A single student left in the pool and a teacher thinking about what was for lunch. SRVUSD is responsible for the drowning of Ben Curry (1:57 ratio). Aaron Becker is responsible for the death of Ben Curry (1:1 ratio).


JU
Danville
on Oct 25, 2018 at 8:13 am
JU, Danville
on Oct 25, 2018 at 8:13 am

Can you help me out by signing this petition?
Web Link


mrszalewski2
Danville
on Oct 25, 2018 at 8:35 am
mrszalewski2 , Danville
on Oct 25, 2018 at 8:35 am

@JU thank you for having the courage to start the petition. As parents, we must remember Ben could have been anyone of our children. My son was at school at SRVHS the day Ben drowned. When I think of the Curry family, I think there by the grace of God Go I. I also wanted to remind everyone that the Curry family Go Fund Me Page is still open. If everyone gives what they can, it will go a long way in showing the Curry family that we as parents care and support them in their efforts to get justice for Ben.


Mom
Danville
on Oct 25, 2018 at 10:49 am
Mom, Danville
on Oct 25, 2018 at 10:49 am

As parents this is our biggest fear. Losing a child is unimaginable. The fact that it could have been any of our sons is haunting to us all. I agree Becker needs to be removed from the campus in which this occurred. He failed at his job and it cost a young life. His presence is a daily reminder. My biggest issue is , how could you go to work the next day and continue to show up. I think I’d be rocking in a corner or to distraught to return had this happened on my watch. I am disgusted with the school board, Rick Schmitt and Aaron Becker for causing the death of a student. Nobody was there to lend Ben a hand? They knew the dangers and ignored them. Who in their right mind decided to put 57 kids in a pool with 1 adult? Rick Schmitt should personally named in the lawsuit for not stopping this from happening. No lifeguards when there should have been 2-3 ?? after the Cal high drowning he did nothing?? He is not the right fit for SRVUSD. He needs to go. This is horrendous. My heart aches for Ben’s family. I am so sorry.


Danville Parent
Danville
on Oct 25, 2018 at 11:40 am
Danville Parent , Danville
on Oct 25, 2018 at 11:40 am

This is a sad tragedy that should have never happened and my heart goes out to the Ben’s Family.

This tragedy was preventable. And changes should have been made, but our School Board has flailed all of us and Ben’s Family as much as the teacher did that day.

The School Board was warmed and yet they did nothing. Nothing has changed from the time the Cal Hight teacher spoke up at the school board meeting about the insident that happened in his class. He asked and begged for change.

Our School Board should step down and apologize to Ben’s Family for failing them and letting their son die. They had the power to make a change, they didn’t. The teacher is to be blamed to, but the School Board has also set him up to fail.

SRVUSD School Board, step down and appoligize the Ben Family for his death that could have been prevented. You were warred if what may happen and you did nothing.

everything in our district that we should know about is a secret and none of us know the truth on how many deaths there were in our district last year, how many lawsuits we have in our district currently.

But we do know, as it’s drilled into our heads, that we are the best district in the state of California, and that we are the lowest founded district.

How about the district does their job and put our kids first and not the $.

You want change get involved and start with the top down - it starts with the school board.


Appalled
Danville
on Oct 25, 2018 at 12:23 pm
Appalled , Danville
on Oct 25, 2018 at 12:23 pm

He mattered. He will not be forgotten. There are some people that don’t want to bother. They didn’t have the info. Now they do. But there are still people that can’t understand the lack of responsibility and the ignorance of our district personnel and the board members. They are clowns.


Keeping It Real
Blackhawk
on Oct 25, 2018 at 12:41 pm
Keeping It Real, Blackhawk
on Oct 25, 2018 at 12:41 pm

I don't think the board should apologize. They can resign or reshuffle assignments but apologizing is a sign of weakness. They should learn from our President and try to be like him - never apologize.


BeHumble
Danville
on Oct 25, 2018 at 2:25 pm
BeHumble, Danville
on Oct 25, 2018 at 2:25 pm

Ok, Keeping It Real - are you being ironic or do you really believe your comment?


RecallSRVUSDBOE
Danville
on Oct 25, 2018 at 5:12 pm
RecallSRVUSDBOE, Danville
on Oct 25, 2018 at 5:12 pm

1. The BOE was warned by another PE teacher at another school in the district, PLEADING with them 6 months before Ben's death to do something... This is of public record as SRVEA recorded the BOE meeting in which you can listen to the teacher speak of the large class numbers and child that almost died in swim class.
2. I know many are upset with the teacher. Understandable. However the BOE has not set our teachers up for success. They are the ones that create the regulations, policies and oversee such.
3. When people fail at serving and protecting our students- especially being warned previously and fail to act, resulting in a death that could have been ANY of our children, we as a community must remove these people from their positions of influence.

It was said that the district gets 18 MILLION dollars a year in parent donations (yet, this boe wrongly gives the impression we are underfunded). How much is enough money to "Keep Class Size low" and provide tools kids need to learn? With 18 MILLION in donations coming in we are certainly NOT the lowest funded school district in California. This BOE needs to value the safety and security of our kids over dollars- and stick to a budget that allows sustainability instead of opening the wallets of parents all the time. All the money in the world won't bring Ben back. It didn't lower class sizes either. Is all of our money going to litigation in this district? Oh, wait... the BOE DID hire and approve a very pricey SUP. Side our district isn't very transparent, check it out on transparent CA...


SoccerDad94
Danville
on Oct 25, 2018 at 8:16 pm
SoccerDad94, Danville
on Oct 25, 2018 at 8:16 pm

"We'll do our best to give accurate information..." Sadly this BOE has failed to give us accurate information and be transparent on many issues-- unless it's "the 4th lowest district in the state."

Board Member Greg Marvel at a BOE Meeting one month ago: We’re the 4th lowest funded district in California. There is one other source of revenue we get and that is parent donations. We get around roughly 18 million in parent donations and just to put that in perspective- and believe me, that 18 million is incredible, the things we’re able to do being so low funded, we’re literally thousands per student under the average in this state, but there are districts, within reasonable commute distance who if we got what they got per student we’d have over 300 million dollars additional in this district. Now a large part of that could be going to lower class sizes, Bettie teacher salaries, benefits and whole other things we could do with 300 million. So I appreciate the 18 million the parents give us- it’s literally the lifeline that is holding us together being as low funded as we are. (Video link comment starts are 40:36: Web Link )

So, is it the state's fault Ben is dead? Yes, in another BOE Meeting Marvel says: We can’t buy our way out of class size reduction because the state doesn’t give us the money to do that when you’re the 4th lowest funded district in the state.

---Who's responsibility is it to keep classes safe? Our students safe? Do our board members understand how Local Control Funding works? Other districts in a "reasonable commute" have more than us because they get funding for many high needs kids (foster, poverty, learning differences) that our district doesn't have in comparison. SO, even IF we were to get that funding for those kids, we would be applying those funds for THOSE needs.

Let's see, 18 Million in donations in addition to all the gifts of time parents give to this district as organizers, classroom volunteers, driving on field trips and sporting events, PTA events, Ed Funds, library aides, art docents... It's time for transparency before another precious life is lost.


Lest ye be judged
Danville
on Oct 25, 2018 at 9:19 pm
Lest ye be judged, Danville
on Oct 25, 2018 at 9:19 pm



None of you were there. None of you saw the surveillance. None of you saw the terror in the eyes of those children or the staff. None of you felt the panic in the air.

You read an article.

You talked to someone who heard from someone else.

Your kid talked to another kid who had a friend in the class.

You would have done differently.

You’re better than these monsters who care for children.

You know policy.

You know funding.

You know everything.

You know nothing.

You weren’t there.

You’re still not there.

It’s so easy for you to be right.

You weren’t there.




SRV Parent
Danville
on Oct 25, 2018 at 10:41 pm
SRV Parent, Danville
on Oct 25, 2018 at 10:41 pm

Lest ye be judged, TL's statement above are based on first hand experience. With a kid in the class and viewed the video. But being a person who is misjudging us you will not be able to accept this response.


San Ramon Resident
San Ramon
on Nov 2, 2018 at 3:20 pm
San Ramon Resident, San Ramon
on Nov 2, 2018 at 3:20 pm

May his soul rest in peace. This is a very tragic incident indeed.
Based on the facts shared by the police, there seems something missing big time. It is hard to understand how a person drowned in the presence of his other classmates around him and especially his PE teacher being there. I believe the real facts have not been disclosed behind his death. It may remain a mystery for public.
My prayers are with his family.


JU
Danville
on Nov 2, 2018 at 4:54 pm
JU, Danville
on Nov 2, 2018 at 4:54 pm

Glad the superintendent finally decided to send a communication. November 2, 2018

Dear SRVUSD Parents and Staff,
As many of you know, Benjamin Curry drowned in the San Ramon Valley High School pool during his physical education class on May 8, 2018. This event was and will remain a tragedy in our hearts and minds forever. The District sincerely apologizes to the Curry family and all community members.

Through this communication, the District wants to clarify rumors circulating in the community surrounding this tragic accident. One rumor is that Benjamin caused or contributed to his death. More specifically, part of the rumor is that his death may have been a suicide. Neither the Contra Costa County Coroner’s Report, nor the Danville Police investigation, indicated that Benjamin caused or contributed to his death. The Coroner’s Office and Danville Police found Benjamin’s death was an accidental drowning. Another rumor claims that Benjamin drowned after reentering the pool following his 4th period physical education class. A video of the pool on May 8th shows that Benjamin entered the pool in 4th period with his classmates and did not exit the pool with his classmates at the end of the period.

Immediately following the tragedy, the District discouraged staff, students and families from spreading inaccurate and hurtful rumors. The Curry family initially asked the District to respect the family’s privacy and not share Benjamin’s name. The District honored that request. Further, the District felt it was inappropriate to comment on the circumstances of this tragic accident during an open police investigation. Despite pending litigation, the District wants to be responsive to the ongoing conversation and publicly apologize to the Curry family and all community members.

The District continues its internal review on policies and procedures related to SRVUSD pools. The District recognizes its responsibility to safeguard all students. Since the tragedy, the District has suspended the use of pools for all district physical education classes. The District also instituted a requirement that every time District pools are in use, dedicated and certified lifeguards will be present.

There are no words to describe the collective sorrow following the loss of Ben. Please know the District has been and will continue to be in contact with the Curry family attorney to address their legal claim. By sharing the above information and offering our sincere apology, the District hopes to provide accurate information to support the Curry family and the community.

Sincerely,


Rick Schmitt

Superintendent

San Ramon Valley Unified School District


Jason
San Ramon
on Nov 28, 2018 at 9:38 pm
Jason, San Ramon
on Nov 28, 2018 at 9:38 pm

I know Aaron Becker. I use to play baseball with him as a kid. What happened is horrible. Everyone can get upset about what happened. I will say it is hard to believe that out of 57 students, none of them notice the kid was drowning. How is that possible especially when he had other kids next to him. We do not know if Aaron was using his phone as a timer. I do know alot of coaches and teachers who do that. I can not say what happened but the truth will come out. My condolences for the family. Also 57 students for 1 teacher to watch is outrageous. There should have been more then one teacher. It sounds like there needs to be some changes in the schools policy's.


L.B.
Danville
on Nov 29, 2018 at 6:04 pm
L.B., Danville
on Nov 29, 2018 at 6:04 pm

Jason,

If Becker was using his phone as a timer, he can hear the alarm go off or feel the vibrate - he doesn’t need to stare at the phone and count the numbers with it.

Also, the lawsuit states that the time clock on the wall in the pool area clearly went past the time Becker told the students they needed to tread water so if he was using his phone as a timer, he didn’t stop at the additional 30 seconds he had said he would.

It’s honestly not hard to believe the students didn’t notice Ben. They were exhausted and probably all just minutes from going under themselves and they put their trust in a teacher that was hired to protect their lives. While this is not always the case all the time, in general, 15 year olds are very self centered - especially when in bathing suits in front of all their friends. Ben’s death is 100% Becker and the School District’s fault. Regardless of the type of human you believe Becker to be - he walked away from a drowning boy that died and has not apologized to anyone because of “legalities” and to me, that’s not a person that deserves a job overseeing children.


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