UC Santa Barbara police chief sexually assaulted student at dining hall, lawsuit claims
A 19-year-old UC Santa Barbara college student and employee has alleged in a Santa Barbara County Superior Court lawsuit that the UCSB chief of police “came up behind her, grabbed her buttocks, slid his hand up her back and whispered in her ear.”
The incident allegedly occurred Aug. 3, 2019, while the plaintiff, identified only as “Emily O.,” was getting lunch at the De La Guerra Dining Commons on the UCSB campus.
“Plaintiff has received and continues to receive ongoing treatment and therapy for the emotional distress she suffered as a result of the incident on August 3, 2019,” the lawsuit states. “Plaintiff’s mental health, which was negatively impacted by defendant (James) Brock’s sexual assault and battery, has impacted her daily living activities and her ability to access her education and educational opportunities as a student at UCSB.”
The lawsuit alleges negligence, sexual battery, intentional infliction of emotional distress and violation of civil rights, among other allegations.
Brock, who was the interim police chief at the time of the disputed incident, referred Noozhawk’s questions to Andrea Estrada, UCSB’s director of news. Estrada referred questions to the university’s attorney, Jonathan Miller.
“Both an external investigator for the university and an external law enforcement agency conducted separate investigations of the claims when they first arose,” Miller said. “The multiple investigations did not substantiate the allegations. The university will allow the process to move forward, and we trust the court system will reach the correct conclusion.”
Brock was dressed in his UC Police Department uniform at the time of the incident, the lawsuit states.
Emily O. reported the alleged assault and battery to law enforcement and made a formal Title IX complaint. She said no action was taken against the police chief.
The plaintiff’s attorney said in a statement that the goal of the lawsuit is to hold Brock accountable.
“She is moving forward with the lawsuit in hopes of preventing other students and other women from falling prey to UC officers,” her attorney, Monique Fierro, said.
Fierro told Noozhawk that the dining area was not crowded and there was no reason for Brock to be close to the plaintiff in the first place.
“Emily O. wants to make sure that this doesn’t happen to anyone, and that UCSB can be a safe place again,” Fierro said.
The lawsuit also states that the university’s Title IX officer would not provide the plaintiff with a copy of the Title IX report after the university determined on April 27 that the allegation was unsubstantiated. The plaintiff said in the lawsuit that her “due process” rights were violated because UCSB’s Title IX office failed to conduct a timely investigation.
“The delay was unreasonable and caused plaintiff severe and irreparable harms to her mental health, well-being, and equal access to education,” the lawsuit states.
The lawsuit is the latest in a flurry of lawsuits against the UCSB Police Department.
On Sept. 16, the university announced that it has hired a new police chief, UC Berkeley Police Capt. Alex Yao, who will take over later in the fall quarter, according to the UCSB Daily Nexus.