
A new civil lawsuit in Merced County Superior Court accuses a former Gustine High School vice principal and two public education agencies of allowing repeated sexual abuse of a student, seeking more than $50,000 in damages and a jury trial. The complaint names former administrator Brian Chubon, Gustine Unified School District and the Merced County Office of Education, alleging ongoing misconduct while Chubon worked on the Gustine campus. The civil filing lands just weeks after the former vice principal faced related criminal proceedings.
Filing details and central claims
Filed on Jan. 30 in Merced County Superior Court, the complaint alleges that Chubon used his position of authority to manipulate, influence, gain the trust of and victimize the student and subjected her to persistent, repeated sexual assault, according to The Sacramento Bee. The suit targets Gustine Unified and the Merced County Office of Education, accusing both of negligently hiring and supervising Chubon and of failing to shield students from foreseeable harm. It also claims district staff did not report suspected abuse to law enforcement or child protective services despite their status as mandated reporters.
What public records show about references and vetting
Records obtained by reporters indicate that Gustine Unified Superintendent Bryan Ballenger and Gustine High Principal Adam Cano wrote letters of recommendation for Chubon that were later included in his application for a job with Modesto City Schools. The Modesto Bee reports that the letters are dated 2022-23, the same span of time the complaint says the abuse occurred. Those documents have sparked questions about what Gustine officials shared with prospective employers and how fully any prior internal inquiries were disclosed.
Criminal case that preceded the suit
Prosecutors filed criminal charges in Merced County after a student came forward in early 2024, and Chubon later entered a no-contest plea in January 2026, according to regional court filings. Court documents and reporting by Los Banos Enterprise say the plea resolved a felony count of unlawful sexual intercourse with a 17-year-old, while other counts were dismissed under the agreement. The criminal case and the new civil lawsuit are now moving ahead on separate tracks in Merced County courts.
How the hire and promotion unfolded
Modesto City Schools hired Chubon in summer 2022 as an assistant principal, then promoted him to principal of Roosevelt Junior High in July 2025, according to district statements. The district has said Chubon cleared a California Department of Justice background check when he was brought on and that officials were unaware of the Merced County investigation at the time, reporting by KCRA notes. That timeline has rattled some parents and education advocates, who point to gaps in how districts share information and conduct background checks when administrators move between systems.
What the suit says about supervision and reporting
The complaint contends that Gustine Unified and the Merced County Office of Education negligently failed to investigate warning signs and did not alert law enforcement or child protective services. It states that the plaintiff suffered physical, psychological and financial harm as a result. The Sacramento Bee reports that the suit not only seeks damages and a jury trial but also asks the court to decide whether the district and county office violated duties owed to students. In cases like this, plaintiffs commonly rely on negligent hiring and negligent supervision theories when school employees are accused of exploiting their authority to abuse students.
Legal implications and policy context
If the lawsuit survives initial legal challenges, it could open the door to discovery over what Gustine Unified and the county office knew, and when, about any prior complaints or internal reviews involving Chubon, according to The Modesto Bee. The case is unfolding as California rolls out new rules aimed at tightening hiring transparency: AB 2534 and related measures now require more extensive disclosure of prior employers and any records of egregious misconduct during the hiring process, as laid out in guidance for school human resources departments by ACSA. That coverage details how the laws are intended to close some of the very gaps highlighted by the allegations in this suit.
What officials say and what’s next
The Merced County Office of Education has told reporters it only conducted a live-scan background check for Chubon and had no further role in his hiring. Gustine Unified and Chubon did not immediately respond to some media requests for comment. As the civil case proceeds, new court filings and scheduling orders in Merced County Superior Court will mark the next public checkpoints. Parents and community members in both Gustine and Modesto say they are still waiting for clearer explanations from school officials about who knew what and when.









