Modesto Junior College instructor returning to job after sexual molestation charges dropped

Francisco “Frank” Jose Drumond is returning to his teaching job at Modesto Junior College. It’s been more than five years since he was arrested on campus and school officials sent him home without pay.

The sexual molestation charges he once faced have since been dropped, and it looks like the college is going to pay him the salary he missed while awaiting trial.

“I feel exonerated,” Drumond said this week. “My family and I have suffered a lot in the past five years.”

In April, prosecutors decided not to seek a second trial against Drumond and dropped charges against the college instructor and former police officer once accused of sexually molesting two girls.

The jurors in his first trial could not reach a unanimous verdict, so the judge declared a mistrial and sent them home. On March 18, after about two days of deliberating, the jury of five women and seven men voted 10-2 to acquit on the charge stemming from Jane Doe No. 1’s allegations. There was an 11-1 vote to acquit on the charge stemming from Jane Doe No. 2’s allegations.

Yosemite Community College District officials declined to discuss the details of Drumond’s return to campus. They also would not discus a lawsuit filed by Drumond him against the district, which includes MJC.

“This is a personnel matter, and all we can say is that he is returning from a leave of absence under education code 87736,” said Coni Chavez, the district’s interim director of public affairs. “There is ongoing litigation, and therefore we cannot comment any further.”

This section of the state education code dictates that an employee placed on a compulsory leave of absence who is later acquitted of an alleged offense or has the charges dismissed will receive the full compensation upon his or her return to work in the district.

Drumond says campus officials notified him in early May that he could return to work. He’s still in the process of being reinstated, he said, but it appears he will return in the fall to MJC’s East Campus, where he taught criminal justice. The charges he once faced never alleged misconduct on campus or with MJC students.

“I feel good about coming back,” Drumond said. “I have no ill feelings toward anyone (on campus).”

He acknowledges he might encounter some people who don’t want him to return to teaching, because of what they’re learned from news coverage or heard about his arrest from others. Drumond says there are some people who will never change their perceptions of him, even if his trial had ended with a unanimous verdict for acquittal.

The jurors who voted to acquit him sent a strong message about his innocence, Drumond says. He always said the allegations were false.

Deputy District Attorney Beth O’Hara De Jong has said in court that the charges were not dropped because of a lack of evidence against Drumond. She said they would not seek a second trial because the victims did not want to dedicate one more day to this case and wanted to move on with their lives.

Drumond received commendations as a police officer, he said. His MJC students always enjoyed his classes, and he helped them find jobs. “That will not change,” he said.

He resigned from his job as a reserve Ripon police officer days after police showed up at his Modesto home to investigate the claims of lewd acts with the teenage girls. He previously worked as a police officer in Modesto and Patterson.

He was arrested Aug. 28, 2009, during a staff meeting at MJC. His lawsuit against the college district indicates campus officials initially sent him home without pay on Sept. 26, 2009, as a result of the arrest.

An attorney for the Yosemite Faculty Association told district officials they acted prematurely, violating federal and state law, according to the lawsuit. Drumond’s salary was then reinstated, but he was sent home again without pay Dec. 14, 2009, after prosecutors formally charged him. He hasn’t returned to MJC since.

Even though he’s returning to work and apparently will receive back pay, Drumond’s civil suit, filed in February, against the college district is still pending. He’s seeking damages of $8.25 million. The case is scheduled to return to court June 15 for a case management conference.

“The lawsuit has nothing to do with this reinstatement,” Drumond said. “I just need to get reinstated first.”

He would not discuss any details of his lawsuit, including whether he will drop it once he receives his back pay. Drumond referred questions to his Southern California-based attorney, Alex Herrera. The attorney could not be reached for comment.

Drumond’s lawsuit claims the college district sent him home without pay without offering him a hearing to challenge his dismissal. He alleges his due process rights were violated. He also claims he was forced to file for bankruptcy and has suffered the imminent loss of his home.

The former police officer said he now has a different perspective of law enforcement and the justice system and has learned a lot from that experience. He said his students can learn a lot from his experience, too. He’s just glad that the system worked and he can move on with his life. He hopes others on campus can do the same.

“I’ve learned not to look back – to look forward,” Drumond said. “We all need to start the healing process.”

This story was originally published June 2, 2015 at 3:00 AM with the headline "Modesto Junior College instructor returning to job after sexual molestation charges dropped."