Former Danville Teacher Accused Of Sex Acts Had Prior Offenses: Report

DANVILLE, CA —A former Danville middle school teacher and cheer coach accused of sexually abusing a 13 and 15-year-old girl was involved in at least three criminal prosecutions before being hired by San Ramon Valley Unified School District, according to a report from the Bay Area News Group.

Nicholas Moseby, a 41-year-old teacher at Diablo Vista Middle School, former biology teacher at San Ramon Valley High School, and cheer coach at Nor Cal Elites, was arrested and charged last week after allegedly sending videos of himself masturbating to a student through Snapchat, prosecutors say. A victim also told police that Moseby touched her inappropriately during cheer practice, according to an earlier report from the Bay Area News Group.

Moseby, a Concord resident, is currently in custody at the Martinez Detention Facility with a bail set at $200,000. He has been fired from Nor Cal Elites and placed on leave by SRVUSD, according to the Bay Area News Group.

According to the East Bay Times report, Moseby was hired by SRVUSD in 2020, following three prosecutions:

• In 2009, he was charged with providing alcohol to a teen. A judge later issued a warrant for failure to submit to court-ordered fingerprinting.
• In 2010, he was charged with public intoxication. A judge issued a warrant for failing to arrive at an arraignment hearing.
• In 2015, he was arrested in a prostitution sting. Police say he answered a prostitution ad, showing up to a hotel, and agreeing to pay $120.

Superintendent John Malloy said in a written statement that at the time of Moseby’s hiring, none of the arrests appeared in the DOJ report, and were not flagged when he applied to the California Commission on Teacher Credentialing. Malloy said that Moseby did disclose that he pleaded guilty to serving alcohol to a minor, but said that records showed that this charge was dismissed.

“It is concerning that reference checks and the required reports from our justice system and the commission for teacher credentialing raised no flags,” Malloy wrote. “We are now reviewing every aspect of our own hiring practices to add additional layers of backgrounding which may not be required by law, but in my opinion, are an absolute must in order to be certain that something like this never happens again.”

Malloy said he asked the district’s HR team to take immediate action to strengthen background checks, and procedures to address concerns and complaints from students, parents and staff. Malloy said he believes that arrests did not show up on Moseby’s background checks because no convictions resulted, but said that the district is adding steps to require that any arrest is examined by the district regardless of conviction prior to hiring.

Anyone with information about the case is asked to contact Darryl Holcombe, senior inspector with the Contra Costa District Attorney’s Office, at 925-957-2200.