GUSTINE — Former Gustine High School vice principal Brian Chubon and the Gustine Unified School District are facing a civil lawsuit alleging he repeatedly engaged in sexual misconduct with a minor student and that district officials failed to stop, report or disclose the misconduct. The Merced County Office of Education is also named as a defendant. The suit seeks more than $50,000 in damages and a jury trial.

The lawsuit, filed Jan. 30 in Merced County Superior Court, was brought by the former student under the initials A.T. to protect her identity. It alleges assault and battery, vicarious liability, breach of mandatory duty and negligence. Vicarious liability refers to an employer’s responsibility for harm caused by its employees while acting within the scope of their duties.

Chubon, 49 at the time and married, was convicted in January of felony statutory rape of a minor and sentenced to two years of probation after pleading no contest. Criminal charges were first filed in November 2024, after the student came forward earlier that year while Chubon was serving as assistant principal at Mark Twain Junior High School in Modesto. He was later promoted to principal of Roosevelt Junior High in July 2025.

According to the civil complaint, Chubon used his position “to manipulate, influence, gain the trust of, and victimize” the student during the 2021‑22 school year. The lawsuit alleges she was subjected to “pervasive, persistent and repeated sexual assault and abuse” on and off campus, including groping and kissing in school offices during athletic events and more than 10 incidents in which he allegedly drove her to secluded back roads and forced her to perform oral sex.

The lawsuit states that by spring 2022, Gustine Unified and the Merced County Office of Education “suspected, knew and/or should have known” of Chubon’s conduct. Human Resources Specialist and Title IX Coordinator Marisol Juarez allegedly witnessed inappropriate physical contact between Chubon and the student at a school event and reported it, according to the lawsuit. An internal investigation followed, during which the student was interviewed by the principal, superintendent and a Gustine police officer.

Despite that, the lawsuit claims, Chubon was still permitted to chaperone the senior trip to Six Flags Magic Mountain and Gustine High’s prom night, where he allegedly continued inappropriate contact. At graduation, the complaint states, he handed the student a three‑page handwritten letter professing love and describing his desire to be with her.

A month later, in July 2022, Chubon left Gustine Unified “in good standing” and was hired by Modesto City Schools. The lawsuit alleges the district and county office failed to inform Modesto officials about their investigation into his conduct with a minor.

The complaint also accuses Gustine Unified, the Merced County Office of Education and unnamed employees of violating the Child Abuse and Neglect Reporting Act by failing to report suspected abuse to law enforcement or child protective services. As mandated reporters, the lawsuit argues, employees were legally required to report any reasonable suspicion of child abuse but did not do so.

The suit further alleges that the agencies breached their mandatory duty under Government Code § 815.6 by failing to properly supervise staff and protect students from foreseeable harm. It claims the district and county negligently hired and supervised Chubon and that their failures were a “substantial factor” in causing the student’s harm.

According to the complaint, the former student suffered physical, psychological and emotional injuries that continue to affect her and may result in permanent disability. She has sought medical and professional treatment and expects to incur additional expenses indefinitely. The lawsuit also alleges she has suffered lost earnings and diminished earning capacity, with exact amounts to be determined at trial.

The plaintiff is seeking general damages exceeding $50,000, special damages for medical and related costs, punitive damages against Chubon, and other relief the court deems appropriate.

District and county officials have not yet responded publicly to the allegations. Chubon has not filed a response in the civil case.