United States District Court Central District of California

Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 1 of 25 Page ID #:1
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RONALD CRUZ, State Bar No. 267038

MONICA SMITH, Michigan Bar No. P73439*
United for Equality and Affirmative Action Legal Defense Fund (UEAALDF)
1985 Linden Street
Oakland, CA 94607
(510) 384-8859
ronald.cruz@ueaa.net, monica.smith@ueaa.net
Attorneys for Plaintiffs
*Pro hac vice application pending
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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AAREFAH MOSAVI and

ANGELA CONSOLACION,
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Plaintiffs,
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vs.
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MT. SAN ANTONIO COLLEGE,

CHESTER BROWN, ESAU GATSI,
LORRAINE JONES, in her individual and
official capacities; JAMES P. CZAJA, in
his individual and official capacities;
WILLIAM T. SCROGGINS, in his
individual and official capacities; BAILEY
SMITH, in her individual and official
capacities; JOHN CARDENAS, in his
individual and official capacities; and
DOES 1-10, inclusive,
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CASE NO.: 2:15-CV-04147
COMPLAINT FOR VIOLATION

OF CIVIL RIGHTS AND
DAMAGES
JURY TRIAL DEMANDED
Defendants.
______________________________________
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COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DAMAGES
CASE NO. 2:15-CV-04147
Pursuant to the Federal Rules of Civil Procedure, the Plaintiffs, by and
through their attorneys, United for Equality and Affirmative Action Legal Defense
Fund (UEAALDF), state as follows:

NATURE OF THE ACTION
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1.
This action arises out of the rape and religious targeting of a former Mt. San
Antonio College student and employee, Aarefah Mosavi by another student and
current Mt. San Antonio College (Mt. SAC) employee, Chester Brown. When
Ms. Mosavi went to the schools Human Resources and the administration for help
and guidance in filing a complaint against Brown, they humiliated her and treated
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her with total contempt, making an already traumatic experience worse. Similarly,
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Angela Consolacion, a student and employee of Mt. SAC, was sexually assaulted
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by a Mt. SAC student while at work on the campus. Ms. Consolation made the
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administration aware of this sexual assault and nothing came of her report to her
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supervisors.
PARTIES
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2.
Plaintiff Aarefah Mosavi is a Muslim student. She was a student at Mt. SAC
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from fall 2011 to spring 2014, and she was a Mt. SAC employee from fall 2012 to
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spring 2014.
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3.
Plaintiff Angela Consolacion is a student and an employee of Mt. SAC.
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CASE NO. 2:15-CV-04147
4.
Defendant Mt. San Antonio College is a college located in Walnut,
California. It is a governmental entity, duly organized and existing under the laws
of the State of California.
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Mt. SAC. He is being sued in his individual capacity.
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Defendant Esau Gatsi is a student at Mt. SAC.
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Defendant Lorraine Jones is the Director of Equal Employment Opportunity
Programs at Mt. SAC. She is being sued in her individual and official capacities.
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Defendant Chester Brown is an employee at Mt. SAC and current student of
Defendant James P. Czaja is the Vice President of Human Resources for Mt.
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SAC. He is being sued in his individual and official capacities.
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9.
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sued in his individual and official capacities.
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is being sued in her individual and official capacities.
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11.
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He is being sued in his individual and official capacities.
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1 through 10 and therefore sue these defendants by such fictitious names. Plaintiffs
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allege that each defendant so named is responsible in some manner for the injuries
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and damages sustained by one or both of the Plaintiffs. Plaintiffs will amend their
Defendant William T. Scroggins is the President of Mt. SAC. He is being
Defendant Bailey Smith is the Director of Tutorial Services at Mt. SAC. She
Defendant John Cardenas is a Supervisor for tutorial services at Mt. SAC.
Plaintiffs are ignorant of the true names and capacities of Defendants DOES

CASE NO. 2:15-CV-04147
complaint to state the names and capacities of DOES 1-10 when they have been
ascertained.
JURISDICTION AND VENUE
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This claim is brought for redress for violations of Title VII of the Civil
Rights Act of 1964 and Title IX of the Education Amendments of 1972, as
protected by 42 U.S.C. 1983. This Court has subject matter jurisdiction under 28
USC 1331 and 28 USC 1343(3).
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school and work in the City of Walnut, CA.
Venue is proper in this County as Defendants are headquartered, attend
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The amount in controversy exceeds limited jurisdiction.
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Plaintiffs reserve the right to amend the Complaint to request punitive
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damages on the state law causes of action pursuant to California Code of Civil
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Procedure 25.14.
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FACTUAL ALLEGATIONS
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Sexual Harassment, Sexual Assault and Rape of AAREFAH MOSAVI by

CHESTER BROWN
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Ms. Mosavi enrolled as a student at Mt. SAC in the fall of 2011.
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Ms. Mosavi is a Muslim woman and covers her hair with a scarf or hijab.
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In the fall of 2012, Ms. Mosavi started working for Mt. SAC as a tutor at
their Language Assistance Center (LAC) as a tutor in English, Philosophy, and
French.
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asked her if she would work behind the counter for the Transfer Math Activities
Resource Center (TMARC), and she agreed.
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week on Thursdays.
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In the fall of 2013, Ms. Mosavis supervisor John Cardenas emailed her and
Ms. Mosavi was scheduled to work at the TMARC from 4-7 PM once a
Ms. Mosavi met defendant Chester Brown because he was a math tutor at
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the TMARC and worked the same Thursday shift.
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As the semester progressed, Ms. Mosavi and Brown became friends.
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Later in September 2013, Brown started driving Ms. Mosavi to her car after
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their shift.
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him.
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texted back, as she thought they were friends.
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(religious garment of clothing meant to cover a woman's hair, neck and/or chest).
Soon thereafter, he asked for Ms. Mosavis phone number, and she gave it to
In approximately October 2013, Brown started texting Ms. Mosavi, and she
At that time, Brown made comments about Ms. Mosavis hijab or scarf
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He made these comments in a way that made Ms. Mosavi feel
uncomfortable.
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and Im going to look at it.
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making her feel uncomfortable and to stop.
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asked her what her text was about; Ms. Mosavi informed him that his texts and
comments were making her feel uncomfortable and to stop. She also informed him
At work he said to Ms. Mosavi, Youre a fake Muslim, I can see you neck,
In a text the following Wednesday, Ms. Mosavi told Brown that he was
On Thursday the next day at work, Brown approached Ms. Mosavi and
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that she did not want a romantic relationship with him.
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intimate contact with a man, and that this was consistent with her religious and
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cultural practices.
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of her in that way and that she did not have to worry about him doing something to
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her.
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non-romantic relationship, and he claimed to feel the same way to regain her trust.
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semester.
At this time, Brown also knew that Mosavi was a virgin and had never had
Brown responded by saying that he was just joking and that he did not think
Brown appeared to understand that Ms. Mosavi wanted a friendship and a
With that understanding, they hung out a few times over the course of the

CASE NO. 2:15-CV-04147
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Ms. Mosavi also hung out with Brown at this point because she was
interested in his opinion and influence with a third person, non-party individual
named Daniel Luna in whom she had a romantic interest.
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the evening after work, in November 2013, where they petted animals.
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basketball at Golden Springs Park in Chino Hills, CA on the weekend. The third
time was a pick-up basketball game where they wagered ten dollars.
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The first time Ms. Mosavi and Brown hung out was at the college farm in
The second and third time was also in November 2013. They played
The fourth time she spent with Brown was on Thursday, December 12,
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2013. Ms. Mosavi first went to the TMARC to give Brown ten dollars she owed
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him from the pick -up game the previous weekend.
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after his shift, and she agreed.
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was closed. Instead, Brown offered to go to the farm, to which Ms. Mosavi agreed.
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very dark.
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pond, and he talked about his life where he used to live.
When Ms. Mosavi gave Brown the ten dollars, he invited her to hang out
He led her to the observatory across from the TMARC, but the observatory
They drove to the farm in Browns car. It was a 3-4 min drive, and it was
The first area he led her to was the cow pasture. Then they went to the Coi
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After the Coi pond, they walked back to the cow pasture and watched the
cattle graze.
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stables.
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Mosavi and Brown pet the horses and watched them eat.
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and where there were no people present.
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Then they walked down past the goats, a bull, lamas, and to the horse
The area at the horse stables was well lit, and caretakers were present. Ms.
Finally, Brown led Ms. Mosavi back to the cow pasture where it was dark,
Brown stood approximately 2 feet ahead of her. He turned around said,
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Take off your scarf. Can you show me your hair? Take off your scarf. Ms.
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Mosavi repeatedly said no.
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home.
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car.
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following her.
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her next to a concrete wall nearby.
Ms. Mosavi told him that they had gone over this and that she wanted to go
He then appeared to back off, and Ms. Mosavi walked past him towards his
As Ms. Mosavi continued walking, she noticed that Brown had stopped
Ms. Mosavi turned around, and she saw Brown waiting further away from
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The concrete structure he was standing next to appeared to have a
doorframe, which he was standing underneath.
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a hug. She walked towards him, not to hug him but to tell him clearly that he was
being ridiculous and she stated to him, I want to go home.
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At this point, Ms. Mosavi was within arms reach of Brown.
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He grabbed her by the arm and pulled her close to him.
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He leaned against the concrete wall, reached underneath her shirt and started
grabbing her back, hips and buttocks.
Brown smiled and stretched out his arms and said, I am not leaving without
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At this point Ms. Mosavi tried to pull away from Brown, but he did not let
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her go.
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kissed the side of her face and head, which was covered by her headscarf, instead.
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dont want a relationship with you, I just want to go home.
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pressed against the wall and her back facing him.
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very dark where they were, and she was being violently sexually assaulted against
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her will.
He leaned forward to kiss Ms. Mosavi but she turned her head so that he
She continuously told him, I dont want this, I don't want any intimacy, I
Then Brown pinned Ms. Mosavi against the wall, with the side of her face
Ms. Mosavi was in a complete state of shock as no one was around, it was

CASE NO. 2:15-CV-04147
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He forced his hands under her clothes and proceeded to rape Ms. Mosavi.
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Ms. Mosavi was wearing blue stretch jeans, a nude wireless bra, a white t-
shirt, a white tie-back cardigan, a grey and white checkered coat, and a blue hijab.
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breasts. He then rubbed her stomach, sides, and lower back. While he was doing
this, he was also grinding his lower body against her in a rough manner.
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to stop him, he would react more violently and do something far worse to her.
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He forced his hands under her shirt and under her bra and grabbed her
During this time, Ms. Mosavi was terrified, and she felt if she did anything
Then he raped her by putting his hand in between her thighs on the outside
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of her stretch jeans. He pushed his finger into her 3 times so that his finger and the
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fabric of her jeans went inside of her genitals causing her pain.
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no one around.
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Mosavi.
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he said in a hushed low voice, I knew something like this was going to happen. I
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feel like I forced myself on you.
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Ms. Mosavi looked around to see if there was anyone close by, but there was
After about five minutes of this rape and sexual assault, Brown released Ms.
He was squinting with a look on this face that she had never seen before and
Ms. Mosavi did not respond.
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They started walking back to the car in silence, and she drew her coat close
around her, walking a little behind him.
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felt dirty.
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were in his car: her purse, wallet, a cell phone, and keys to her car. Her car was
also parked too far of a distance for her to walk in the dark from an unfamiliar
area.
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Ms. Mosavi felt incredibly violated and sick, like she wanted to vomit. She
She walked back to Browns car with him because all of her belongings
They reached his car, and Brown tried to engage Ms. Mosavi in
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conversation. Ms. Mosavi was silent and in shock. He asked her, What are you
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thinking about?
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before? and he said, Yeah, I have. Ms. Mosavi then asked, How many times
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have you done this? Brown said, 2 or 3.
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take me to my car. He drove her down to her car in the parking lot across from
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Building 4.
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said in a desperate tone, Take your scarf off, please just take your scarf off.
She asked him at this time, Have you done this [rape] to other girls
Then, Brown said, Im not starting this car until you talk. She said, Just
He pulled up next to her car and as she went to leave, he pulled her arm and
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Then he said in a creepy seductive voice, we can go to the backseat of my
car and you can do it there.
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coattail, but she snatched it back and left in her car.
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She went home and was in a complete state of shock.
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Brown continued to harass her for a week.
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On Friday December 20, 2013 Ms. Mosavi told Brown that she did not feel
comfortable with what happened. She told him to stop texting her and that she no
longer wanted to hang out with him.
Ms. Mosavi pulled away and got out of the car, and Brown pulled her
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In late December 2013, Ms. Mosavi changed her cell phone number to make
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sure that he couldnt contact her.
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her supervisor, John Cardenas to report Brown. Ms. Mosavi told Cardenas that
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Brown had made disparaging comments about her and made her uncomfortable,
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and how he continued to make comments to her after she told him to stop. Ms.
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Mosavi included that Brown had sexually forced himself on her, but said she
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wanted to discuss the details of the rape with a female.
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Services.
After the 2013-2014 winter school break, on January 28, 2014, she went to
Cardenas directed her to Bailey Smith who is the Director of Tutorial
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Then on February 11, 2014 Ms. Mosavi met with the head of Human
Resources, Lorraine Jones.
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she said that they would investigate.
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Joanne Franco was present and recorded the details of what happened in the assault
by taking hand-written notes.
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and a different scribe named Cynthia Hoover. During this meeting, Ms. Jones told
Jones said that punitive actions could be taken against Chester Brown, and
In a second meeting Ms. Mosavi had with Ms. Jones, a scribe (note taker),
In a subsequent meeting on April 4, 2014, Ms. Mosavi met with Ms. Jones
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Ms. Mosavi to physically simulate the rape on Ms. Hoover.
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Jones understood at the time, but later the fact that Ms. Mosavi did not simulate the
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rape on the scribe was used against her in the administrative review.
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penis.
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did email her.
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taken after Ms. Mosavi left.
Ms. Mosavi said she would not be able to act out the rape on another person.
At that time, Ms. Mosavi told Jones that Brown did not rape her with his
Jones said if Ms. Mosavi remembered more to email her, and Ms. Mosavi
No notes were taken during this meeting with Ms. Jones. All notes were
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After every meeting, Ms. Mosavi emailed Jones additional information that
Ms. Mosavi recalled, just after the meeting.
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states that the public safety department would handle the investigation.
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confirm Ms. Jones statement. She met with public safety Officer Kelly who asked
her to briefly describe what had happened to her. He asked Ms. Mosavi if she was
penetrated. Ms. Mosavi said, No, as she believed the legal definition of
penetration pertained to the use of the penis only. Then Officer Kelly paused,
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and asked, Not even with his fingers? That is when Ms. Mosavi said, Yes, he
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did use his finger to penetrate me. It was from that conversation that she realized
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that penetration also included the use of a finger. Officer Kelly then confirmed to
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Ms. Mosavi that Public Safety was handing the investigation.
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investigator, if he would communicate the detail of the penetration to Ms. Jones.
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Ms. Mosavi did not tell Jones that Brown penetrated her because Ms. Mosavi did
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not know that penetration extended to the use of a finger. She asked Carl to tell
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Jones because Jones no longer talked to Ms. Mosavi. In fact, Ms. Mosavi was
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scheduled to meet with Jones at the location where the rape took place so that she
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could show her where it happened, but that meeting was cancelled by Jones.
On April 8, 2014, Ms. Jones sent an e-mail to Ms. Mosavi in which she
On the night of April 8, Ms. Mosavi went to the public safety department to
Ms. Mosavi asked Joe Carl, the office of public safetys private

CASE NO. 2:15-CV-04147
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Carl did confer the message to Jones that Brown forcibly penetrated Ms.
Mosavi with his finger, but Ms. Jones failed to include this as a valid detail in the
investigation for Human Resources even though she permitted Ms. Mosavi to
contact her if she remembered any additional information. Instead, Ms. Jones and
the administration used this additional information to accuse Ms. Mosavi of lying
by giving drastically different accounts of her rape to Public Safety versus
Human Resources.
100. The college failed to notify Ms. Mosavi that they would allow Brown to
continue to work and attend classes at the College during the investigation. Ms.
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Mosavi realized herself after physically encountering Brown several times. Brown
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worked in the same building where Ms. Mosavi attended classes. These encounters
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caused Ms. Mosavi fear and anxiety.
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101. Ms. Mosavi also reported to human resources the harassment she suffered
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from Chester Brown based on her religious right to wear a head scarf. The
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administration failed to punish Brown on his continued harassment of Ms. Mosavi.
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102. The administration knowingly conducted invalid interviews by interviewing
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persons who admitted to having favorable biases for Brown and claimed them as
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valid witness accounts in their administrative review.
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103. Lorraine Jones and Joe Carl agreed to interview Ms. Mosavis witnesses, but
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they never did.

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104. Bill Scroggins, President of Mount SAC, promised to extend the
investigation so that Ms. Mosavis witnesses could be interviewed. The
administration failed to keep this promise and determined Browns innocence
through discriminatory and negligent college procedures.
105. The rape has caused Ms. Mosavi depression. Her ability to work in class and
on schoolwork has been negatively affected, and she feels anxious and unsafe on
her new campus.
106. In the time after the rape, there continue to be days where Ms. Mosavi
cannot get out of bed and meet her normal responsibilities. Ms. Mosavi continues
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to have nightmares, hypnopompic hallucinations of her being sexually assaulted,
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panic attacks involving intense emotional distress, difficulty breathing, and heavy
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sweating during the night. Ms. Mosavi has had suicidal ideation as a result of her
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assault.
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107. Ms. Mosavi has suffered psychological and stress-related physical illnesses
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as a result of her traumatic assault and rape. Physically, Ms. Mosavi has suffered a
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skin condition known as dermatitis on her neck and chest and has received
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treatment. Her doctor ruled the cause to be stress-related.
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108. Ms. Mosavi has had to see a psychiatrist and counselor at the University of
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California Berkeley because of the rape.
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109. On April 28, 2015, Ms. Mosavi was diagnosed with Post Traumatic Stress
Disorder (PTSD), Major Depressive Disorder, and Anxiety Disorder by her
psychiatrist, Kristine Panik MD. Dr. Panik stated that these mental illnesses are a
direct result of the sexual assault and rape she endured. Ms. Mosavis counselor
and psychiatrist stated that the psychological effects Ms. Mosavi is experiencing
are common among survivors of traumatic experiences, including rape and sexual
assault survivors.
Sexual Harassment of ANGELA CONSOLACION
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110. Ms. Consolacion was a student at Mt. SAC and employed as a tutor by Mt.
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SAC in May of 2014.
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111. She was sexually assaulted by a student at the College, while tutoring and
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then after being made aware of the sexual assault, the College did nothing.
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112. Ms. Consolacion tutored a student named Esau Gatsi a Mt. SAC in the
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Library.
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113. He wanted to give her a tip and she declined to accept the money.
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114. Then he took the money stuffed it down her shirt.
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115. She was assigned to see him again the following Wednesday but told her
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supervisor Bailey Smith what had happened and someone else was assigned to Mr.
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Gatsi.
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116. Smith did not ask her if she wanted to file a complaint against Mr. Gatsi nor
did she give Ms. Consolacion any information on sexual assault on campus.
117. After talking to another student and she realized that she could file a
complaint. So she talked to Ms. Smith again. Ms. Smith said that she would
contact human resources and get back to Ms. Consolacion, but she never did.
118. The tutoring service moved Ms. Consolacion to the math building and
allowed Mr. Gatsi to continue getting services as he pleased.
119. There were times when he came to the math building and she had to hide in
the break room to avoid contact with him.
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FIRST CAUSE OF ACTION

Discrimination on the Basis of Sex in Violation of Title IX of the Education
Amendments of 1972, 20 U.S.C. 1681 Against Mt. San Antonio College as to
Aarefah Mosavi
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120. Plaintiff realleges and incorporates each and every fact alleged herein.
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121. Upon information and belief, Mt. SAC receives federal financial assistance.
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122. Ms. Mosavi sustained harassment because of her sex that was so severe,
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offensive and pervasive that it deprived her of access to educational opportunities.
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123. The harassment of Ms. Mosavi took place in a context that was subject to
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Mt. SACs control and where Mt. SAC could have taken remedial action.
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124. Mt. SAC had actual knowledge sustained by Ms. Mosavi.
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125. Mt. SACs response to the harassment sustained by Ms. Mosavi and/or its
lack of response was deliberately indifferent, in so far as the response or lack
thereof was clearly unreasonable in light of the known circumstances.
126. In doing the things alleged herein, Defendants conduct was appalling and
the Defendants acted towards Plaintiff with malice, oppression and fraud and a
willful and conscious disregard of Plaintiffs rights, thus entitling Plaintiff to
punitive damages.
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SECOND CAUSE OF ACTION

Retaliation in Violation of Title IX of the Education Amendments of 1972, 20
U.S.C. 1681 Against Mt. San Antonio College as to Aarefah Mosavi
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128. Ms. Mosavi engaged in protected activity under TITLE IX, insofar as she
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reported her rape to various Mt. SAC employees including her supervisor, the
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director of tutorial services, the head of human resources, the public safety
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departments private investigator and the president of the College.
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129. Mt. SAC committed an adverse and degrading action against Ms. Mosavi by
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telling her to perform her rape on a scribe, and when she did not do the sexual
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assault on the scribe, her story was found to be less credible.
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130. After the College told Ms. Mosavi that she could amend her story if she
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needed to, when she later told the administration that Chester Brown did penetrate
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her against her will, the College accused her of changing her story and this was
used against her.
131. As a result of Mt. SACs adverse actions, Ms. Mosavi has suffered damages.
The adverse actions taken by Mt. SAC may well have dissuaded a reasonable
person in Ms. Mosavis position from making a charge of discrimination.
punitive damages.
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THIRD CAUSE OF ACTION

Hostile Work Environment Based on Sex Discrimination
Title VII of the Civil Rights Act of 1964
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134. Title VII of the Civil Rights Act prohibits discrimination in employment in
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conditions of employment on the basis of sex.
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135. As set forth above, during the Plaintiffs employment with the Defendants,
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she was subject to a hostile work environment in which she was raped by a co-
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worker on the campus based on her gender.
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136. The sexual harassment was sever enough to alter the conditions of
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employment and created an abusive working environment.
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137. The employer knew that Chester Brown raped Ms. Mosavi.
CASE NO. 2:15-CV-04147
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punitive damages.
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FOURTH CAUSE OF ACTION

Religious Harassment as to Aarefah Mosavi
Title VII of the Civil Rights Act of 1964
140. Title VII of the Civil Rights Act of 1964 protects against harassment or the
creation of a hostile work environment on the basis of religion.
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141. As set forth above, during the Plaintiffs employment with the Defendants,
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she was subject to a hostile work environment in which she was made fun of and
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sexually harassed based on her religion by her co-worker. Plaintiff found the
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atmosphere to be demeaning, frightening and offensive.
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142. Defendants failed to take all reasonable steps to prevent and redress
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harassment against plaintiff.
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143. As a result of this conduct and Defendants failure to redress the conduct,
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the Plaintiff has suffered damages as set forth herein.
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punitive damages.
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FIFTH CAUSE OF ACTION

Rape and Sexual Assault as to Aarefah Mosavi
146. Defendant Chester Brown sexually assaulted and raped Plaintiff, by
unlawfully and knowingly inflicting sexual intrusion and penetration of her vagina
against her will and without her consent in violation of the laws of the State of
California, including of California Code - Section 261(a)(2)
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147. On information and belief, and by his own admission, Defendant Brown has
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a history of attempting to commit acts of violent sexual assault on women and has
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thereby established a pattern and practice of such unlawful acts.
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148. As a direct and proximate result of the sexual assault and rape perpetrated by
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Defendant Brown upon her, Plaintiff has suffered stress, emotional distress and
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mental pain and suffering and adverse physical consequences.
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149. As a direct and proximate result of the sexual assault and rape perpetrated by
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Defendant Brown upon her, Plaintiff has suffered physical pain and suffering.
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150. In doing the things alleged herein, Defendant Browns conduct demonstrated
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a willful, reckless and intentional criminal conduct and he gave an entire
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indifference to the consequences of his actions, thus entitling Plaintiff to punitive
damages.
SIXTH CAUSE OF ACTION

Discrimination on the Basis of Sex in Violation of Title IX of the Education
Amendments of 1972, 20 U.S.C. 1681 Against Mt. San Antonio College as to
Angela Consolacion
152. Upon information and belief, Mt. SAC receives federal financial assistance.
153. Ms. Consolacion sustained harassment because of her sex that was so severe,
offensive and pervasive that it deprived her of access to educational opportunities.
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154. The harassment of Ms. Consolacion took place in a context that was subject
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to Mt. SACs control and where Mt. SAC could have taken remedial action.
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155. Mt. SAC had actual knowledge sustained by Ms. Consolacion.
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156. Mt. SACs response to the harassment sustained by Ms. Consolacion and/or
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its lack of response was deliberately indifferent, in so far as the response or lack
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thereof was clearly unreasonable in light of the known circumstances.
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punitive damages.
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CASE NO. 2:15-CV-04147
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SEVENTH CAUSE OF ACTION
Sexual Assault as to Angela Consolacion
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159. Defendant Esau Gatsi committed assault and battery on Plaintiff, willfully
and without her consent in violation of the laws of the State of California,
including of California Code - Section 242.
160. As a direct and proximate result of the sexual assault perpetrated by
Defendant Gatsi upon her, Plaintiff has suffered stress, emotional distress and
mental pain and suffering.
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161. In doing the things alleged herein, Defendant Gatsis conduct demonstrated
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a willful, reckless and intentional criminal conduct and he gave an entire
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indifference to the consequences of his actions, thus entitling Plaintiff to punitive
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damages.
JURY DEMAND
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162.
Plaintiffs request trial by a jury on Plaintiffs claim of sexual harassment,
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retaliation, religious discrimination, rape, assault, and other unconstitutional
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discrimination.
REQUEST FOR RELIEF
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WHEREFORE, Plaintiffs will ask the jury and this Court for the following
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CASE NO. 2:15-CV-04147
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1.
Compensatory damages on all causes of action against all Defendants;
2.
Punitive damages on the First, Second, Third, Fourth, Fifth, Sixth and
Seventh Causes of Action;
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3.
Attorneys fees pursuant to applicable statute;
4.
For costs of suit herein incurred; and
5.
For such other and further relief as the Court deems proper.
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By Plaintiffs Attorneys,
UNITED FOR EQUALITY AND
AFFIRMATIVE ACTION LEGAL DEFENSE
FUND
BY: _/s/ Ronald Cruz_____________________
Ronald Cruz (State Bar No. 267038)
Monica Smith (Michigan Bar No. P73439)*
1985 Linden Street
Oakland, CA 94607
(510) 384-8859 (Ronald Cruz)
Dated:
June 3, 2015
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CASE NO. 2:15-CV-04147
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United States District Court Central District of California

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Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 1 of 25 Page ID #:1

RONALD CRUZ, State Bar No. 267038

AAREFAH MOSAVI and

MT. SAN ANTONIO COLLEGE,

CASE NO.: 2:15-CV-04147

COMPLAINT FOR VIOLATION

JURY TRIAL DEMANDED

Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 2 of 25 Page ID #:2

Pursuant to the Federal Rules of Civil Procedure, the Plaintiffs, by and

Fund (UEAALDF), state as follows:

Plaintiff Angela Consolacion is a student and an employee of Mt. SAC.

Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 3 of 25 Page ID #:3

Defendant Mt. San Antonio College is a college located in Walnut,

of the State of California.

Mt. SAC. He is being sued in his individual capacity.

Defendant Esau Gatsi is a student at Mt. SAC.

Defendant Lorraine Jones is the Director of Equal Employment Opportunity

Defendant Chester Brown is an employee at Mt. SAC and current student of

SAC. He is being sued in his individual and official capacities.

sued in his individual and official capacities.

is being sued in her individual and official capacities.

He is being sued in his individual and official capacities.

Defendant William T. Scroggins is the President of Mt. SAC. He is being

Defendant John Cardenas is a Supervisor for tutorial services at Mt. SAC.

COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DAMAGES

Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 4 of 25 Page ID #:4

Rights Act of 1964 and Title IX of the Education Amendments of 1972, as

USC 1331 and 28 USC 1343(3).

school and work in the City of Walnut, CA.

Venue is proper in this County as Defendants are headquartered, attend

The amount in controversy exceeds limited jurisdiction.

Plaintiffs reserve the right to amend the Complaint to request punitive

Sexual Harassment, Sexual Assault and Rape of AAREFAH MOSAVI by

Ms. Mosavi enrolled as a student at Mt. SAC in the fall of 2011.

Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 5 of 25 Page ID #:5

their Language Assistance Center (LAC) as a tutor in English, Philosophy, and

Resource Center (TMARC), and she agreed.

the TMARC and worked the same Thursday shift.

As the semester progressed, Ms. Mosavi and Brown became friends.

texted back, as she thought they were friends.

Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 6 of 25 Page ID #:6

He made these comments in a way that made Ms. Mosavi feel

and Im going to look at it.

making her feel uncomfortable and to stop.

that she did not want a romantic relationship with him.

Brown appeared to understand that Ms. Mosavi wanted a friendship and a

COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DAMAGES

Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 7 of 25 Page ID #:7

named Daniel Luna in whom she had a romantic interest.

him from the pick -up game the previous weekend.

after his shift, and she agreed.

pond, and he talked about his life where he used to live.

Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 8 of 25 Page ID #:8

and where there were no people present.

Brown stood approximately 2 feet ahead of her. He turned around said,

Mosavi repeatedly said no.

her next to a concrete wall nearby.

Case 2:15-cv-04147-E Document 1 Filed 06/03/15 Page 9 of 25 Page ID #:9

The concrete structure he was standing next to appeared to have a

doorframe, which he was standing underneath.

being ridiculous and she stated to him, I want to go home.

At this point, Ms. Mosavi was within arms reach of Brown.

He grabbed her by the arm and pulled her close to him.