What is CA’s mandated reporting law to protect kids, did Gustine Unified comply?
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Investigation into ex-Modesto principal
Former Roosevelt Junior High School Principal Brian Chubon was convicted of crimes against a minor.
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An investigation by The Modesto Bee and Merced Sun-Star found no indication that Gustine Unified School District followed California’s mandated reporting laws when suspicions were raised that then-Gustine High School Vice Principal Brian Chubon was inappropriately engaging with a student.
The state’s mandated reporting laws are meant to protect children by training those who work with kids to report knowledge or suspicions of exploitation or abuse to child protective services or law enforcement.
In 2022, GUSD Title IX coordinator Marisol Juarez notified the district of suspicions regarding Chubon having inappropriate conduct with a minor. She reported this after seeing him and the student leave a school event to go to his office alone.
Neither GUSD nor the Gustine Police Department has answered The Modesto Bee’s question regarding whether a mandated report was filed against Chubon with CPS or law enforcement when these suspicions were raised.
The first time GPD investigated Chubon was in 2024 when the former student he exploited came forward. Chubon was never officially arrested despite being charged in Merced County in 2024. He pleaded no contest to, and on Jan. 14 was convicted of, a felony charge of statutory rape of a minor. He was sentenced to one day in jail and two years of probation, though he served no jail time, according to his lawyer.
According to the California Department of Education, if a mandated reporter has reasonable suspicion, even without evidence, of a child being abused or exploited, it is the person’s duty to inform law enforcement or CPS. The proper procedure is to inform law enforcement or CPS over the phone and follow up in writing within 36 hours of whatever caused the suspicion, according to the state’s mandated reporting guidelines.
According to the criminal complaint obtained by The Modesto Bee and the Merced Sun-Star, GUSD conducted an internal investigation into Juarez’s suspicions of Chubon sometime in spring 2022.
The district’s investigation was not disclosed to Modesto City Schools despite Chubon remaining employed with Gustine Unified through the 2021-22 school year. He started with MCS in July 2022 as assistant principal at Mark Twain Junior High School. Chubon became principal of Roosevelt in July 2025 and no longer is employed with the district.
A school district should not contact the person suspected
Though a report can be filed with the district as well, mandated reporting laws state that “school districts and COEs (county offices of education), however, do not investigate child abuse allegations, nor do they attempt to contact the person suspected of child abuse or neglect.”
Mike Reck, an attorney with the law firm Jeff Anderson & Associates who has more than 20 years of experience working on child sexual abuse cases, explained that an institution investigating itself after someone has committed a wrong might take action to protect itself rather than redress the wrong act through the appropriate channels. Reck has represented victims of sexual abuse, notably involving the Catholic Church and the Boy Scouts.
“Time and time again, we’ve seen that when youth-serving organizations try to investigate themselves and police themselves, that never works out,” Reck said. “If we’ve learned nothing from the Catholic Church and the Boy Scouts, it’s that specific issue.”
The criminal complaint also shows that part of the district’s investigation included asking the student and Chubon whether they had “any inappropriate contact with each other,” and both denied it. At that point, Chubon, fearing imprisonment, began messaging the student, asking her not to admit to anything, according to the criminal complaint.
Mandated reporting guidelines state: “One does not have to be physically present or witness the abuse to identify suspected cases of abuse, or even have definite proof that a child may be subject to child abuse or neglect. Rather, the law requires that a person have a ‘reasonable suspicion’ that a child has been the subject of child abuse or neglect.”
Reck said the way to think about reasonable suspicion is, “Is there enough information that a reasonable person would think it merits further inquiry?”
According to Reck, the district should have reached out to local law enforcement or CPS after Juarez reported her suspicions. Superintendent Bryan Ballenger refused to answer any of The Modesto Bee’s questions — submitted over the phone and via email — regarding Chubon or mandated reporting compliance.
