The University of California was hit with a lawsuit Wednesday alleging it severely mishandled a sexual assault allegation from one of its employees. Hilda Gutierrez reports.
The University of California was hit with a lawsuit Wednesday alleging it severely mishandled a sexual assault allegation from one of its employees.
Jocelyn Fredell said she thought she had landed her dream job at UC Santa Cruz until she was allegedly assaulted in a hotel room by an older supervisor, Joshua Solis, during an overnight work trip.
When she reported the assault to another supervisor the following week, however, the lawsuit alleges the University failed to suspend Solis, and even left him on a panel deciding whether Fredell would be given a permanent job at the college, which she was ultimately not hired for.
“I trusted the University to take care of the situation,” Fredell said. “I trusted them, and they didn’t take care of it.”
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Fredell’s lawsuit against Solis and the University of California Regents alleges sexual harassment, sexual assault and retaliation, among other claims. Fredell’s attorney, Tanya Gomerman, said the University should have suspended Solis after receiving the report and offered Fredell the job back, or at least another shot at interviewing for it.
“You harm this young woman who was going to work at this job that she was good at,” Gomerman said. “And you still don’t offer her even another interview for this position.”
Fredell said life wasn’t always easy before heading off to college as a student at UC Santa Cruz. But in school, Fredell said she found the STARRS program, which helps students who didn’t take a traditional path to college, such as veterans, students who grew up in foster care, or students who were formerly incarcerated.
“I was born to parents that had substance abuse problems,” Fredell said “So, I was in and out of kinship foster care for most of my life. And then in college, I found mentorship through the STARRS program.”
So, after graduating, Fredell said she was thrilled to land an internship, then a temporary job with the STARRS program.
“It was a wonderful time, and I felt I was happy to give back to the program that just helped me succeed through college,” Fredell said.
Early last year, according to the lawsuit, Fredell applied for two permanent positions within the University of California at the urging of a trusted supervisor, Elizabeth Moya. Soon after, Fredell and Moya took an overnight work trip to UC Santa Barbara, and were joined by another supervisor in the program, Joshua Solis.
After a day of work events, Fredell said Moya and Solis invited her out for drinks.
“[Solis] was just inebriated and having a hard time walking and talking, and just getting very much in my personal space,” Fredell said.
When they got back to the hotel, according to the lawsuit, Solis followed Fredell and Moya into the room the two women were sharing and “laid down on Ms. Fredell’s bed, claiming he was too drunk to get back to his own room.”
When Moya left the room to take a shower, according to the lawsuit, Fredell began changing into her pajama top with her back turned, thinking Solis was passed out on the bed behind her.
“I don’t really want to go into the details, but yeah, he definitely sexually assaulted me,” Fredell said.
According to the lawsuit, Fredell felt “Solis stand behind her and cup her right breast with his hand.” He then “grabbed her around her waist and pulled her on top of him as he fell backward onto the bed,” the lawsuit alleges. After she pulled away, the lawsuit states, Solis “then repeatedly asked Ms. Fredell to go to his hotel room with him,” which she refused.
“I go into kind of flight, flight or freeze,” Fredell said. “Like kind of just shocked, you know?”
After getting back to Santa Cruz, Fredell said Solis told her she couldn’t tell anyone about what happened. The following week, however, Fredell said she reported what happened in the hotel room to Moya.
But Fredell said she didn’t get the response she anticipated. Instead, according to the lawsuit, Moya questioned her “several times on if she was sure she wanted to report the sexual assault,” which Fredell thought “was an attempt to dissuade her from reporting it.”
So, Fredell said she reported the incident directly to the University of California, assuming they would also file a police report. Moya didn’t report the incident herself to the University for 10 days, according to the lawsuit.
“So, I ended up reporting it before she reported it, because I didn't have faith that she would report it,” Fredell said.
Fredell provided text messages she says show that she told Moya she didn’t “want to be alone” with Solis and that she didn’t “think it was fair” if he participated in the interview for the jobs she was applying for.
“With the amount of information and how egregious the complaint was, they should have put [Solis] on suspension until the investigation was over,” Gomerman said.
According to the lawsuit, however, Solis wasn’t put on leave after Fredell reported the alleged assault, and the University allowed him to remain on the panel deciding whether Fredell would get one of the permanent jobs she was applying for. Fredell said she was denied both positions.
“This person assaulted me, and now I have to talk to them, and they have a decision in my future for my dream job,” Fredell said. “I felt kind of sick.”
A spokesperson for the University of California declined to comment on the lawsuit or provide details on the outcome of any investigation into Fredell’s allegations.
In an emailed statement, a spokesperson for UC Santa Cruz wrote:
"Sexual misconduct has no place at UC Santa Cruz, and we work to create a community that is inclusive and welcoming to all. We strive to respond comprehensively and effectively when we learn of allegations, with the goal of protecting everyone in our community.
Anyone in our community who has been the victim of sexual violence or sexual harassment should reach out to our Title IX Office.
To date we have not been served [with the lawsuit]."
NBC Bay Area was unable to reach Moya or Solis for comment Wednesday.
As she begins her legal battle against the University of California, Fredell said she’s still grappling with what happened to her.
“I’ve had to do a lot of therapy,” she said. “It’s affected my mental health a lot, and my job prospects, my career. I’m scared to go on campus. I’m scared to work on a campus.”
