Del Valle ISD workers sue district, custodian after hidden camera footage found

TRAVIS COUNTY, Texas (KXAN) — Del Valle ISD faces a lawsuit by employees who allege the district failed to protect them and others from a former employee, who they claim installed a hidden camera in a restroom.

The case is brought by 35 current and former DVISD employees. Their names were withheld from the lawsuit to avoid retaliation by the district.

"On or about December 12, 2022, Plaintiffs were notified by District that they were victims of a recording device that was discovered in a restroom located near the principal’s office of the Del Valle Opportunity Center," the lawsuit reads.

Del Valle ISD said it had received the lawsuit, but "cannot comment on any pending litigation."

The former employee worked as the Del Valle Opportunity Center's head custodian. Travis County court records contain four active arrest warrants for the former custodian on invasive recording charges. KXAN reached out to the custodian for a response to the lawsuit.

'Years' of invasive recordings

The case began Dec. 7, 2022, when a contractor installing "vape detectors" in restrooms found a pouch containing USB drives and micro SD cards. They turned the storage media over to the district, who in turn notified Del Valle ISD Police.

Upon review, those devices contained nearly three years of "sensitive images and/or video footage of several District employees...observed using the restroom, with private areas discernible," according to the lawsuit.

"Further, the recording device documented images and/or video footage where other District employees and visitors, including minors, could be seen changing in the restroom with their private areas discernible," the lawsuit reads.

On Dec. 8, 2022, DVISD Police went to remove the camera, but it allegedly had already been removed.

DVISD police officers swept the building on Dec. 9, 2022, and found "five additional restrooms contained evidence that cameras had been present." Evidence, including mounting materials and camera mounts, was also allegedly found at the former custodian's workspace, according to the lawsuit.

Troubling transfers

According to the plaintiffs, DVISD failed to protect them from the former employee, who they said had been the subject of multiple sexual harassment and sexual assault claims.

"The Incident was the result of the actions of [custodian] and the lack of action taken by [Del Valle ISD] allowing such appalling behavior to continue, despite district’s notice of [custodian's] appalling behavior," the lawsuit reads.

The lawsuit states that the claims against the former employee began "as early as 2018."

"Defendant was continuously moved to different district locations in an attempt to remedy the situation, despite his unacceptable behavior," the lawsuit states.

It alleges that Del Valle ISD formed a "custom" of moving the former employee after an allegation was raised, enabling his "repulsive behavior."

"[They] would transfer Defendant when there were signs of trouble, rather than terminate him," the lawsuit reads.

Plaintiffs seek a jury trial to recover damages in excess of $1 million for invasion of privacy, violations of labor rights and negligence by Del Valle ISD and the former custodian.