Legal Question in Criminal Law in California

My daughter attended a camp that includes camping overnight, at night they have the practice of doing what is called "fire watch" where they pair up two of the youth to walk around the perimeter of the camp to look for any intrusions into the camp as well as keep an eye on the other camp members. There is also to be an adult supervising so that the youth are not alone as the fire watch happens between 12am and daylight. While my 8 year old year old daughter was making the rounds during her shift with another youth, male 12 years old, the adult on duty to supervise left the supervision point, went into a van and as we were told reviewing paper work, this happened at approximately 4am., during this lapse in direct supervision the 12 year old forced hugged my daughter, pulled her body to his, fondled her buttock and requested that she pull her pants down as he also attempted to pull them down him self. My daughter quickly ran to where the adult was and reported the situation. The camp disciplined the boy with push-ups then expelled the boy from the camp. We have pulled our daughter from the camp. The camp didn't bring in police to investigate the matter as well. I feel as thought the camp was negligent in their duty to adequately supervise setting up a dangerous situation. Also the camp knew that this boy had a history of sexting and other sexual behavior. I think that they shouldn't have made the assignment with this boy and a girl, let alone not supervise well, and lastly not bring in the police.

We are about to contact the local police to file a report. We have also asked the camp for a refund and to make policy changes, they have not done either in the time frame they stated they would do them.

The camp and the children live in California.

Does the facts around the lack of supervision result in what is considered

�general neglect� by California penal code 11165.2.b?

Does the fact that the camp leadership not report this incident to the local police or sheriff make them in violation of California penal code 11167.7.a.5 and 11166.05?

Does what the boy has done fall under California Penal Code 11165.1.b.4 Sexual assault?

I was able to talk to one of the board members, Larry Mondragon, he was the only person to apologize for the molestation that occurred after I promoted him during a 45 minute phone conversation. Also he said he would make changes to the policies, and make training for the staff and youth as well as provide them for my review as well as a refund. I have yet to see any of these items.

There is an individual who works for the BBC that was at some of the camping trips and has video of what occurs. Besides the incident involving my daughter, we saw sarge, the leader, put a boy on his back in the park and stand over him, yelling and grabbing at his shirt for about 10 minutes, this also was taped by the BBC filming team.

What should our actions going forward be? Should we along with persuing the criminal portion of this, should there also be a civial portion to assertain the refund of the camp fees which amount to aproxmatly $2000? Is this something better left to small claims?

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