Archbishop Mitty High School Athletic Trainer Kelvin Chiu Arrested for Alleged Sexual Battery of 16-Year-Old Student

Kelvin Chiu has been arrested on suspicion of sexually battering a 16-year-old female student while treating her for a sports injury, a report from KTLA confirmed. Chiu, an athletic trainer at Archbishop Mitty High School, is also accused of recording the alleged sexual assault on his cell phone. San Jose police say that because of the suspect’s “position of trust,” there may be additional victims.

If your child was treated by Kelvin Chiu, or if your family has been affected by sexual abuse at any California school, the school sexual abuse lawyers at Dordulian Law Group (DLG) are available 24/7 for a free and confidential consultation at (866) GO-SEE-SAM.

Key Takeaways

  • Who: Kelvin Chiu, 31, of Fremont, an athletic trainer at Archbishop Mitty High School in San Jose.
  • What: Arrested on suspicion of annoying or molesting a minor, production and possession of Child Sexual Abuse Material (CSAM), and sexual battery.
  • When: The alleged sexual assault was reported on October 8, 2026. Chiu was taken into custody in Fremont on October 9, 2026.
  • How: Police say the alleged abuse occurred while the 16-year-old student was receiving care for a sports-related injury, and that the suspect recorded it on his phone.
  • More victims possible: Detectives believe there may be other victims and are asking anyone with information to call 408-277-3214.
  • Civil rights: Under California’s AB 452, there is no statute of limitations for civil claims based on childhood sexual abuse that occurred on or after January 1, 2024. Survivors and families can speak with a California child sexual abuse lawyer at no cost.
 

What Happened at Archbishop Mitty High School?

According to the San Jose Police Department, officers responded on the evening of October 8, 2026, to a report of sexual battery on the 5000 block of Mitty Way, the location of Archbishop Mitty High School. A 16-year-old female student told police that a man providing care for her sports-related injury sexually battered her and recorded the incident on his cell phone.

Police identified the suspect as 31-year-old Kelvin Chiu, a member of the school’s athletic training staff. Detectives obtained a search warrant for Chiu, his home, and his vehicles. On October 9, he was located and taken into custody in Fremont. During the investigation, detectives reportedly found Child Sexual Abuse Material on his cell phone.

Chiu was booked into the Santa Clara County Main Jail on suspicion of annoying or molesting a minor, production and possession of CSAM, and sexual battery. NBC Bay Area reported that a spokesperson for the Diocese of San Jose confirmed Chiu had worked at Archbishop Mitty since May 2025 and has been placed on administrative leave. KTVU reported that the student’s family notified the school the same evening. Police say the school administration was notified and is fully cooperating with the investigation, as first reported by SFGATE.

 

Timeline of the Archbishop Mitty Investigation

  • May 2025: Chiu begins working at Archbishop Mitty High School, according to the Diocese of San Jose.
  • October 8, 2026 (about 7:30 p.m.): San Jose police respond to a report of sexual battery at the school involving a 16-year-old student.
  • October 9, 2026: Detectives serve search warrants and arrest Chiu in Fremont. CSAM is reportedly found on his phone.
  • Mid-October 2026: San Jose police publicly announce the arrest and ask additional victims or witnesses to come forward.
 

Police Believe There May Be Additional Victims

Investigators have stated that because of Chiu’s position of trust with students, there may be other victims. Athletic trainers often work with dozens of student-athletes each season, across many sports, in private treatment settings. Anyone with information is asked to contact:

 

Reporting to law enforcement and speaking with a civil attorney are two separate steps, and you can take both. A criminal case seeks to punish an offender. A civil case is how survivors and families seek accountability and financial compensation from the abuser and from any institution that failed to protect them. DLG explains this difference in detail in What a Civil Case Can Do That a Criminal Case Cannot.

Why Athletic Trainer Sexual Abuse Is Uniquely Dangerous

Athletic trainers hold a special kind of authority over student-athletes. They evaluate injuries, decide when a player can return to competition, and routinely perform hands-on treatment. That combination of trust, physical access, and privacy can be exploited by a predator. National scandals involving sports medicine professionals have shown how abuse can be disguised as “treatment” for years before anyone recognizes it. DLG’s teacher and coach sexual abuse attorneys see several recurring patterns:

  • Treatment as a pretext: Inappropriate touching is described as massage, stretching, or injury therapy, leaving young athletes unsure whether what happened was “normal.”
  • One-on-one access: Treatment rooms, after-hours sessions, and away games can create unsupervised time with students.
  • Power over playing time: Students may fear that speaking up will affect their recovery, their spot on the team, or a college scholarship.
  • Grooming: Special attention, private messages, gifts, or extra “rehab” sessions can be used to build trust with a student and their family.
  • Recording and exploitation: When abuse is filmed, the harm continues long after the physical act, which is why recording allegations are treated so seriously.
 

Warning Signs Parents Should Watch For

Children and teens often do not disclose abuse right away. Parents of Archbishop Mitty student-athletes, and of student-athletes at any school, should watch for:

  • Sudden reluctance to attend practice, games, or treatment sessions
  • Avoiding a particular staff member or becoming upset when that person is mentioned
  • Changes in sleep, appetite, grades, or mood, including anxiety, anger, or withdrawal
  • Secretive phone use, new social media contacts, or unexplained gifts
  • Statements suggesting confusion about whether a “treatment” was appropriate
 

If your child discloses abuse, stay calm, believe them, and tell them it is not their fault. DLG’s guide to child sexual abuse questions for parents offers additional next steps.

The Recording Allegation: What It Means for Survivors

Police allege that the assault was recorded on the suspect’s phone and that CSAM was later found on the device. For survivors, the existence of images or video can cause profound and lasting fear, including fear that the material could be shared. California and federal law provide additional civil remedies in these situations. For example, federal law (18 U.S.C. § 2255) allows victims of child sexual exploitation material to sue for damages, with a statutory minimum of $150,000 plus attorney’s fees. DLG’s image-based sexual abuse and revenge porn attorneys help survivors pursue these claims and work to have material removed.

Families concerned that images of a minor may be online can also use the National Center for Missing & Exploited Children’s free Take It Down service, which helps remove sexually explicit images of minors from participating platforms.

Can Victims and Families File a Civil Lawsuit?

Yes. Survivors of childhood sexual abuse in California, and parents acting on behalf of a minor, can file a civil lawsuit regardless of the outcome of the criminal case. A civil case uses a lower burden of proof than a criminal prosecution, and it can move forward even if criminal charges are reduced or dismissed. The sexual abuse lawyers at DLG handle these cases on a contingency fee basis, meaning families pay nothing unless there is a recovery.

Who May Be Held Liable?

Every case depends on its facts, and the investigation into Archbishop Mitty is ongoing. In school sexual abuse cases generally, potentially liable parties may include:

  • The individual abuser, for sexual battery (California Civil Code § 1708.5), childhood sexual assault, and related claims.
  • The school, if it negligently hired, trained, supervised, or retained the employee, or failed to enforce policies that protect students during treatment.
  • The diocese or religious organization that operates or oversees the school, if it shared responsibility for hiring, supervision, or child-safety policies. DLG also represents survivors in clergy and church-related sexual abuse cases.
  • Other entities, such as athletic programs, staffing agencies, or contractors, depending on how the trainer was employed and supervised.
 

Key questions in an institutional case often include: What background checks were performed? Were treatment rooms open and visible? Was a second adult required during one-on-one care? Were there any prior complaints or red flags? Did staff follow mandated reporting rules? An experienced attorney can investigate these issues through records requests, witness interviews, and the civil discovery process. California law also allows enhanced damages, up to three times actual damages, when childhood sexual assault results from an entity’s cover-up of prior abuse.

How Long Do You Have to File? California’s Statute of Limitations

California has some of the strongest protections for childhood sexual abuse survivors in the nation:

  • Abuse on or after January 1, 2024: Under AB 452, there is no statute of limitations for civil claims based on childhood sexual assault. Because the alleged Archbishop Mitty incident occurred in October 2026, and Chiu began working at the school in May 2025, abuse during his time there would generally fall under this rule.
  • Abuse before January 1, 2024: Survivors generally have until age 40, or five years from discovering that a psychological injury was caused by the abuse, whichever is later.
  • Private schools vs. public schools: Claims against public school districts usually require a government claim to be filed first, often within strict deadlines. Archbishop Mitty is a private Catholic school, so those government claim rules generally do not apply. Survivors of abuse that occurred as adults may have separate options, such as those described in DLG’s AB 2777 lawsuit guide.
 

Even without a deadline, acting early matters. Evidence such as training room logs, schedules, messages, and witness memories is strongest when preserved quickly. A lawyer can send preservation letters to the school and other parties right away.

What Compensation Is Available?

Every case is different, but damages in child sexual abuse cases may include:

  • Past and future therapy, counseling, and medical expenses
  • Emotional distress, anxiety, depression, and PTSD
  • Loss of enjoyment of life, including lost athletic opportunities
  • Educational disruption, including school transfers or tutoring
  • Future lost earning capacity
  • Punitive damages in appropriate cases
  • Statutory damages for the production or distribution of sexual images of a minor
 

California does not cap non-economic damages in sexual abuse cases. You can review some of DLG’s past outcomes on our case results page.

What Should Families Do Right Now?

  1. Make sure your child is safe and supported. Let them know they are believed and that it is not their fault.
  2. Report to law enforcement. Contact San Jose police detectives at 408-277-3214 if your child had contact with the suspect or you have information.
  3. Preserve evidence. Save texts, social media messages, emails, team schedules, photos, and any notes about treatment sessions. Do not delete anything.
  4. Seek medical and mental health care. A therapist experienced with childhood trauma can help your child and creates a record of the harm.
  5. Avoid posting about the case online. Public posts can affect your child’s privacy and the legal case.
  6. Be cautious with institutional requests. Before signing documents or giving recorded statements to the school, the diocese, or an insurer, speak with an attorney.
  7. Call a sexual abuse lawyer. A free, confidential consultation with a sexual abuse lawyercan help you understand your options. Learn what happens in a first conversation with a sexual assault attorney.
 

Protecting Your Child’s Privacy

Many families worry that a lawsuit will expose their child publicly. In California, survivors of childhood sexual abuse, especially minors, are commonly allowed to file under a pseudonym such as “Jane Doe.” Settlement terms are often confidential, and an experienced team will work to shield your child’s identity at every stage.

Why Choose Sam Dordulian and DLG’s SAJE Team?

Dordulian Law Group is led by Sam Dordulian, a former sex crimes prosecutor and Deputy District Attorney for Los Angeles County who spent years putting child predators behind bars. Today, he uses that same experience to fight for survivors in civil court. Sam has achieved more than 100 jury trial victories, maintains a 98% winning record, and DLG has recovered more than $200 million for clients. He is also a member of RAINN’s National Leadership Council.

What sets DLG apart is our in-house SAJE Team (Sexual Assault Justice Experts), which gives survivors four tiers of support under one roof:

  • A former sex crimes prosecutor leading your legal team, who understands how predators operate and how institutions try to avoid responsibility.
  • A retired LAPD sex crimes detective with 30 years of experience serving as Chief Investigator.
  • Two certified, nationally accredited victim advocates who support families through every step.
  • A licensed clinical therapist with 18 years of experience to help survivors begin to heal.
 

Few firms can offer survivors this combination of prosecutorial experience, investigative skill, and trauma-informed care. DLG represents survivors throughout California, including San Jose, Santa Clara County, and the greater Bay Area. We work on contingency, available 24/7, and our team speaks English, Spanish, and Armenian. Learn more about Dordulian Law Group, meet our legal team, or read client testimonials.

 

Frequently Asked Questions

Who is Kelvin Chiu?

Kelvin Chiu, 31, of Fremont, is an athletic trainer at Archbishop Mitty High School in San Jose. He was arrested on October 9, 2026, on suspicion of sexual battery, annoying or molesting a minor, and production and possession of Child Sexual Abuse Material. He has not been convicted and is presumed innocent.

What is Kelvin Chiu accused of?

Police allege that he sexually battered a 16-year-old female student while treating her for a sports-related injury, recorded the incident on his cell phone, and possessed CSAM.

Are there other victims in the Archbishop Mitty case?

San Jose police believe there may be additional victims because of the suspect’s position of trust. Anyone with information should call 408-277-3214 or email [email protected] or [email protected].

Can I sue a private Catholic school for sexual abuse in California?

Yes. Private and religious schools can be held liable if they were negligent in hiring, supervising, or retaining an employee, or failed to protect students. The diocese or organization that oversees the school may also be responsible depending on the facts.

Is there a deadline to file a child sexual abuse lawsuit in California?

For childhood sexual abuse that occurred on or after January 1, 2024, AB 452 eliminated the civil statute of limitations. For earlier abuse, survivors generally have until age 40 or five years from discovering the injury. Acting quickly still helps preserve evidence.

Do I need to wait for the criminal case to end before filing a civil lawsuit?

No. A civil case is separate from the criminal prosecution and can be investigated and filed independently.

How much does it cost to hire DLG?

Nothing up front. DLG handles sexual abuse cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you. Call (866) GO-SEE-SAM for a free consultation.

Will my child’s name be made public?

In most cases, no. Minors and survivors of sexual abuse can usually file under a pseudonym, and DLG takes steps to protect your family’s privacy throughout the case.

Contact a California School Sexual Abuse Lawyer Today

If your child was harmed by an athletic trainer, coach, teacher, or any school employee at Archbishop Mitty High School or anywhere in California, you do not have to face this alone. Dordulian Law Group’s California school sexual abuse attorneys are ready to listen, protect your family’s privacy, and fight for accountability.

Call (866) GO-SEE-SAM 24 hours a day, 7 days a week, or request your free, confidential consultation online.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.

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Sam Dordulian, founder

Sam Dordulian is an award-winning sexual abuse lawyer with over 25 years’ experience helping survivors secure justice. As a former sex crimes prosecutor and Deputy District Attorney for L.A. County, he secured life sentences against countless sexual predators. Mr. Dordulian currently serves on the National Leadership Council for RAINN.

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A former Deputy District Attorney, Sam Dordulian is a highly-experienced lawyer in Los Angeles, CA, who has assisted in the prosecution of countless criminals. He is now using his experience and passion to advocate for sexual abuse victims and those involved in personal injury disputes.