Student Violently Attacked, Injured by Cabrillo Coll.staff; Help needed to ID Perpetrators

Senior Citizen Student Violently Attacked and Injured by Cabrillo College staff; Community help needed to Identify the Cabrillo staff Perpetrators from Videos and Photos

• Elderly 64 year old student victim injured in violent attack by Cabrillo College staff on Cabrillo Aptos campus because they didn’t like the victim recording video of staff misbehavior on his cellphone in an area fully open to the public (the patio on the northeast side of the student cafeteria)

• Cabrillo’s Dean of Student Services swiftly took the lead in covering up staff crimes and intimidating witness; and weaponized the student discipline process to gag victim from communicating with anyone on campus, suspended victim, and refuses to reinstate victim after suspension ended and continued to block communications until after the victim filed a lawsuit. Cabrillo College is the only public community college in the entire county of Santa Cruz.

• Sheriff has refused to release body camera footage; it has been subpoenaed for trial 4/16/26

• complete TRANSCRIPT of all recordings made by victim’s cellphone and/or tablet contradict claims made by Cabrillo Administration, Cabrillo College Division deputy Sheriff Melgoza, and the Cabrillo College District, represented by the Dean of Student Services

• Cabrillo College Division deputy Sheriff Melgoza reported that victim was assaulted & battered by Cabrillo staff member Lupe (Custodian Supervisor), but deputy sheriff detained victim and let Lupe leave the scene despite Lupe’s violent criminal behavior including hit & run with Cabrillo truck with CA license plate 1343215 in addition to the assault & battery, intimidation of witness, elder abuse, plus obstruction of justice and related crimes. The student victim was released without any criminal charges after being illegally detained at 8:56pm (3+ minutes before cafeteria closing time made up by Melgoza at 8:45pm that night claiming the cafeteria closes at 9pm) in the cafeteria and threatened by Melgoza that he was “going to jail” , which he wasn’t , but was given a notice to stay off campus, despite having an on-campus class and finals week upcoming. The notice ordered the student victim to stay off campus for 24+ days, well in excess of the maximum of 14 days allowed under the law (Penal Code Section 626.4).

• As is typical for Cabrillo College, there were no posted open hours for the cafeteria, but another janitor said it stays open until at least 9:30 pm if any students are present

This incident arose on Thursday evening December 5, 2024 after a 64 year old Cabrillo student (soon to be victim)-myself- was eating peacefully and tidily in the student cafeteria during open hours, and another man was playing the piano in the cafeteria. At approximately 8:41pm a deputy sheriff later identified as Luis Melgoza Badge #122282 (or 122252?) aggressively confronted me, the 64 year old student, accusing me of not being a student, making a mess, and causing trouble, based on what he said had been reported to him by staff. There was no mess. When Deputy Melgoza told me he would check the system to verify his student ID number, I said “good” because other people accuse me of not being a student but don’t check the system.

The youtube playlist starts with the most important second video chronologically: the assault & battery/ hit-and-run video. This is the only known video of the physical attacks on me. Deputy Melgoza was not present during this time period. This video is under a minute and a half in length https://www.youtube.com/playlist?list=PLPvROUJzne8DV_JGnlbDup-9dOaft6vpx.

Cabrillo College facilitates impunity for misbehaving staff by not requiring them to wear any name badge or ID. In this video, the man (janitor) who appears near the beginning accusing me of “dripping all over the floor” (which was drip-free), needs to be identified from video or photos/ still frame screenshots as does the perpetrator of the violent attacks on me whose first name or nickname has been confirmed as “Lupe” and he claimed to be the supervisor of the janitor. Also, if anyone knows how to contact the piano man shown in the 2nd video in the playlist, em This video shut off inadvertently on Lupe’s second punch (at 1:25 in the video).


Before the first video (second in the youtube playlist) shut off accidentally, the first 3 minutes and 29 seconds of the interaction were recorded, starting shortly after Melgoza came in to the cafeteria (8:41:55pm(2041:55)-8:45:24pm). Like the other videos, they are automatically named by the device based on the time the video started, in military time notation. This VID 20241205 204155 522 is the second video in the playlist at link https://www.youtube.com/watch?v=rTc6F_hrL0s&list=PLPvROUJzne8DV_JGnlbDup-9dOaft6vpx&index=2
The playlist includes all of the cellphone and tablet videos of the incident taken by the student victim, but the violent attacks video, taken second, is first in the playlist.


The complete transcript of the audio portion of these videos in chronological order is available at: https://drive.google.com/file/d/1nZqHJEoKIMF9PvGYQ2hP_Kf2cL2-is5O/view?usp=sharing

Deputy Melgoza didn’t interact with the man who was playing the piano except for when the piano man told Deputy Melgoza that the student victim never made a mess and always cleaned up after himself, Melgoza took a few steps towards the piano man and said something to the effect of “maybe he only makes a mess when you’re not here”. That’s not on the cellphone video, but the body camera footage of Deputy Melgoza would show all of this and much more.

All but the last two videos recorded on my cellphone and tablet shut off inadvertently leaving some gaps in the recordings from my cellphone and tablet. Also, when I tried to record video on my malfunctioning tablet, it inadvertently switched to a podcast I had been listening to earlier in the day which interferes with sound clarity of the cellphone video of this incident. Unfortunately I did not notice this issue until I listened to the recordings the next day. Deputy Melgoza’s body camera footage should have much clearer sound and quality video of when he was present, but has been withheld so far (it has been subpoenaed for the evidence hearing/ trial on 4/16/2026.)

Most significantly, the body cam footage will show that Melgoza never went around the cafeteria looking for a mess or drips, strongly suggesting that he knew the accusations against me by the janitor were false. Melgoza has also changed his “explanation” at least three times re: why he aggressively asked about my car and went to take a photo of it but admitted it was legal, legally parked off campus on a public road, and had nothing to do with the incident in and near the cafeteria near the center of the east half of campus.

Deputy Melgoza was away when the violent attack happened so that is not on his body cam video, but deputy Melgoza stated in his report that Lupe (surname redacted) admitted to a single count of battery. However the report greatly downplays the level of violence, extent, repetition, and severity of the attacks. After requesting that I stop recording on my cell phone, Lupe punched me in the right hand and fingers (holding the phone), then when I ducked under and moved forward I was sprawled out on ground in front of the driver’s side door of Lupe’s Cabrillo College pickup truck, trying to get up after securing my cellphone, when Lupe smashed the truck door into my face twice in rapid succession as shown on the video. When Lupe was violently attacking me / charging at me and punching me the video of Lupe himself is blurred even in frame-by-frame mode* and slow motion, and his image rapidly appears bigger as he approaches the cellphone camera. The background of the video stays still and focused until I reacted to Lupe’s violence by ducking and moving forward. Both the janitor who falsely accused me and Lupe were on a public patio area on the northeast side of the Cabrillo College Aptos Campus Student Cafeteria which is open to the public until at least 10pm on Thursday nights on days when Cabrillo is open, including the evening of the incident, 12/5/2024. The statute of limitations for assault and for battery are both two years; 3 years for hit-and-run as Lupe refused to show me his ID/ vehicle registration and insurance and left the scene.

*To view the youtube videos frame by frame, pause the video and press . to go forward or , to go backwards. Lupe’s violence in the assault & battery video takes place between 0:59 thru 1:03 and at the end 1:25

As shown on all of the videos, my responses and behavior throughout the incident were totally nonviolent. I have not been accused of any specific violent response, but one of the “charges” copied verbatim out of the Cabrillo College Student Rights and Responsibilities Handbook without any tailoring to this specific incident implies blame is on me for the direct contact with Lupe that took place only when Lupe violently attacked me.

In any case, at my disciplinary hearing one of the false accusations (“charges”)by the janitor was dropped by the Dean of Student Services and the disciplinary panel because I had proven it to be false. In any court of law this would deem that witness (janitor) to be non-credible on all of his other claims that lacked supporting evidence. Yet the other accusations/ charges he made against me, which were just as false, were accepted by the Dean of Student Services and/ or the panel as grounds for my suspension. These included the false accusations that were not possibly true because this janitor had NEVER even spoken to me inside the cafeteria ever. He and Lupe had once spoken behind my back when I was in the cafeteria referring to me as the “homeless guy” although I wasn’t homeless then and am not homeless now. On 12/5/24, the Thursday evening of the incident, I didn’t know any custodial staff or janitors were around until I heard someone say “the sheriff…homeless guy” through the propped-open outside door on the northeast side of the cafeteria. Then I went out there to ask the janitor if he had told the sheriff’s department I was making a mess or causing trouble and he said yes I did and that I was dripping all over the floor. (see first video in playlist and transcript of videos). Not only did I not drip on the floor, but I carry several items to the cafeteria when I go that help me avoid dripping entirely (drip catching saucers for use after microwaving items, jar protectors, absorbent cloth sack to put thermos/ water bottles in), and the janitor certainly must have noticed and they probably inspired him to make up the biggest lie he could. Not only did I not make messes on campus, I frequently picked up a lot of trash, compostables, paper, and other recyclables and put them in the correct disposal containers on campus.

MORE DETAILS and BACKSTORY

Even though the Dean of Student Services and disciplinary panel ruled that I was not guilty of attempting to destroy campus property…by littering (or specifically charge #5 under student responsibilities from the handbook verbatim + the words ”(by littering)”. So one charge levied by this janitor was proven false, but they for some reason upheld the all of his other equally false allegations. Specifically everything they found me “guilty” of was verbatim from the Student Rights and Responsibilities handbook (with no specifics tailored to the specific circumstances)
#12.Engaging in intimidating conduct or bullying against another student or employee through words or actions, including direct physical contact; verbal assaults, such as teasing or name-calling; social isolation or manipulation; and cyberbullying.

#14.Disruptive behavior, willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel.

#16.Unauthorized entry upon or use of college facilities.

#18.Engaging in expression which is obscene; libelous, or slanderous; or which so incites students as to create a clear and present danger of the commission of unlawful acts on college premises, or the violation of lawful District administrative procedures, or the substantial disruption of the orderly operation of the District.

#19.Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. (note: I had NEVER been disciplined at Cabrillo before this incident).

#18 was overturned on appeal by then college president Matt Wetstein as he specifically noted I had done nothing obscene, illegal, slanderous, libelous, nor substantially disruptive. Clearly Dean of Students Michelle Donohue had accused me of slander and libel in retaliation for my legitimate accusation –supported by video evidence—of crimes by Cabrillo College staff.

Also I was drastically misquoted (according to the Dean, by the disciplinary panel) in a similar manner to how I am misquoted in the S.O Report (7) redacted linked below, with the misquote taking a few non-random samples completely out of context and out of order from a much longer and more elaborate thing that I actually said regarding I have as many rights as other students on campus even though some people may think I am not a student (because of my age ) –or due to false assumption that I am homeless, or because I am a Hillbilly. I never said I can do anything I want on campus because I am a student nor anything like that.

Unfortunately, I also don’t know hardly anyone on campus as I only attended 2 semesters one open gym lifetime fitness class with no regular teacher. However, even though I was taking few units I paid FULL student fees for use of the campus and had as much right to use the facilities, including the cafeteria, as did any other active student. I typically was on campus only one or two days per week but paid full campus fees.

The #16 charge that I entered or used any college facilities without authorization is completely unfounded and no specific time nor place accusations have ever been made, only a verbatim quote of section #16 word for word from the handbook. The microwave ovens in the student cafeteria specifically say they are provided by the student government (ie from student fees) and the filtered water fountain said “free water…for anyone who brings their own container” or something to that effect. Since I have been barred from campus since 9:15 pm on 12/5/24 I was not able to go back to take photos of these things nor the place in the student cafeteria where the accusing janitor frequently appeared to sleep on the job with all of the doors to the cafeteria locked.

As noted in Deputy Melgoza’s “ S.O Report (7)- redacted” https://drive.google.com/file/d/1LZOvcrxdnG1rdRth0NVTU94GItIX32hg/view?usp=sharing
The time of the incident listed on top is wrong, as noted in the body of the report the correct time was an hour earlier 2035 or 8:35pm. The role of the student is “alleged”, in other words, Deputy Melgoza did not witness me actually performing any of the allegations he accused me of; and Melgoza claimed they were all based on the janitor’s (custodian’s) (FPPO Employee C1 in report) accusations, which included false accusations that I was making a mess, dripping all over the floor, causing problems/ trouble, and that I had refused orders from him and became aggressive with him when he gave orders. In fact, before the interaction/ accusation of dripping all over recorded near the beginning of the first video in the playlist this janitor had only spoken to me once before, through locked cafeteria doors, yelling to me that the cafeteria was closed at that time. Since the discussion on the video took place with the janitor OUTSIDE the cafeteria on the patio, I literally NEVER had a conversation with this janitor inside the cafeteria. He did get upset once and yell at another student who left the cafeteria by a door on the other side from the single door that this janitor had propped open. In fact I don’t remember any conversation with ANY janitor nor custodial staff INSIDE the cafeteria.

The official police report was denied me as “by subpoena only” and I served a subpoena in February on the sheriff to produce the police report (and the body camera footage) for the evidence hearing/ trial on 4/16/26. It is a violation of California Penal Code Section 148.5 to cause a false police report to be filed (such as by lying to a deputy sheriff thereby leading him to put things that are untrue in the police report).

I had another conversation with another janitor through the glass door once, before/ until he let me in, when the doors were locked but other students were clearly inside; and a conversation at least once with a good janitor who didn’t lock the cafeteria up early. That conversation was held outside the west side of the cafeteria near the bathroom and the good janitor told me that the bathroom and cafeteria could be locked as early as 7:30 if no students were present in that part of the campus, but stayed open until at least 9:30 pm if students were present; and students shouldn’t be asked to leave until 9:30pm. I mentioned to him that the Campus Library nearby is open until 8pm Monday-Thursday and if someone realized they had to go to the bathroom after leaving the library and the bathroom was already locked they would have no hygienic place to go to the bathroom on the east half of campus at least, and that it seemed the uncertainty was causing problems between students and some of the other janitors. He seemed to agree and said he doesn’t make the rules.

In any case, unlike the good janitor, the one who accused me-- FPPO Employee C1 (please let me know if you know his name) – appeared to literally sleep on the job at times with all the cafeteria doors locked. Almost every time I saw him in the cafeteria when students were present he would go in an area that was hard to see him from the cafeteria windows and doors and sit down (if not sleep) with a broom or mop propped up beside him, and he appeared afraid of interacting with people. He would also lock all doors but one at the cafeteria (one set of double doors on EACH of THREE sides 6 doors total) when students were inside (and locked all of the doors when no students were inside as early as 7:13pm on weeknights). Unlike the good janitor, he would also mop across the aisle of BOTH doors in each set of doors instead of mopping an aisle in front of only one door, setting up cones to warn people one side was wet, then waiting till it dried and coming back to then mop the aisle in front of the other door in each set. The good janitor also appeared to put in far more effort than most of the other ones.


The disciplinary hearing was a farce before and during the hearing; with only a 2 day and 3 hour deadline (three day early per student rights handbook) was given to me to get my evidence in for mandatory review, then at the hearing, one of four panelists specifically said she didn’t and didn’t have to review my evidence if she didn’t want to, despite it being a requirement for all panelists to review the evidence before the disciplinary hearing. She asked if Lupe had attacked me “willy nilly” or because I had gotten in his face with my phone, a common false accusation of several hearsay non-witnesses to the incident. Clearly, the videos show I was not taking videos from anywhere near their face, as the only time a face in the video takes up more than about 7% of any image was when Lupe attacked me and charged at me and my cellphone camera making his rapidly attacking blurred image appear large. Another panelist said he had watched at least one of my videos, apparently the one with the violent attack, but he represented the “classified” staff and was very clearly biased to let the accusing janitor and Lupe get away with any criminal behavior they wanted to do; and the panelist / hearing chair asked questions that clearly indicated she didn’t watch the video of Lupe’s violent attack as she clearly made comments that the video and much of the other evidence I presented clearly showed were not the case. All three of those panelists represented the staff in some form (Faculty, Classified, and Administration) and the other panelist said nothing except that her name is Sydney and she was a student rep.

During the disciplinary hearing, Dean of Student Services Michelle Donohue interrupted my question for deputy Melgoza and said she would answer it herself and then gave a disingenuous non-answer.

Dean Donohue said that she would take the full 10 minutes she was allotted to present evidence against me, but ended up yielding the last 2 ½+ minutes of her time while mentioning no specifics regarding any of the allegations except for the littering charge that was dropped; the other charges were all verbatim word for word right out of the student responsibilities handbook by number as noted previously.

Video of Disciplinary Hearing
https://www.youtube.com/watch?v=5o31gTSGKmQ&t=1504s
Transcript of Disciplinary Hearing Video
https://drive.google.com/file/d/1szVpBr_N4vj4456k7g_grlxp0avz6X-S/view?usp=sharing

On appeal, former Cabrillo President Matt Wetstein overruled Dean Donohue and the panel re: charge #18 accusing me of slander or libel and substantial disruption. Wetstein’s overruling of the substantial disruption charge also indicates that the exclusion from campus notice barring me from campus after 9:15 pm on 12/5/24 was not appropriate under penal code section 626.4. Wetstein completely ignored numerous specific issues I brought up regarding why the disciplinary hearing was unfair and contrary to my rights as a student per handbook.

On appeal to the Cabrillo Governing Board they upheld the rulings of the Disciplinary Panel and President Wetstein without comment and without even noticing that they were not the same, despite me pointing this and all the other problems out in a 63 page appeal letter.

Dean of Student Services Michelle Donohue and the other decision makers at Cabrillo clearly have no qualms about harboring perpetrators of violence on the Cabrillo College Campus. This is what they spend your taxpayer money on.

There are some nice people on the campus but it is substantially run by thugs who act more like ICE than college staff. The transparency is comparable to ICE with no identification badges for employees and campus rules and policy that encourage and reward thuggery in retaliation for taking cellphone video of their misbehavior, many staff do not following any posted rules. They are allowed to make up ex-post-facto rules to target individuals they don’t like weaponizing actions that were allowed or encouraged in the past after the fact like ICE does to immigrants with pending naturalization appointments.

On my first day on campus after enrolling in Summer 2024 the WELCOME CENTER DIRECTOR Alta Cilicia Northcutt (who of course wears no name badge but I IDed her from the staff directory online) came violently storming down the aisle at me screaming she was going to call the police and have me arrested because I had plugged my laptop with a bad battery into an electrical outlet inside the Welcome Center “and that is only allowed in the cafeteria” she claimed. Quite a welcome. This hater apparently was annoyed that I came earlier than she did and “took” what she perceived as “her” parking spot on the public street Soquel Drive that runs through the middle of the Cabrillo College’s Aptos campus. This Welcome Center Director has a car loaded with fake woke messaging. She exemplifies people in positions of power at Cabrillo College, that spew performative wokeness in their actions and hollow platitudes in their mission statements. They should change their nickname from Seahawks to Hypocrites. This is where your tax money funding to Cabrillo College goes. Authoritarianism is overtaking Cabrillo College.

Since I am clearly not safe on campus, my primary demands have been to completely remove the allegations from my student and disciplinary record, lift the suspension which would allow me to take off campus classes at remote locations and online courses, and for Cabrillo to fire and ban from campus permanently all of the perpetrators of crime on the Cabrillo staff including those who covered up the crimes. According to the online Cabrillo staff directory all of the perpetrators are still in their positions at Cabrillo College. Since small claims court allows only small amounts of monetary compensation, that is what I am asking for in both small claims court cases. Cabrillo College is the only public community college available in all of Santa Cruz County and authoritarian administrators at Cabrillo have countywide control.

My facial injuries have healed but my two middle fingers on my right hand are still problematic despite physical therapy which failed to correct the problem. Furthermore, Lupe’s violent attacks on me reinjured my back and neck with my back still an issue.

CURRENT UPDATE:

Currently, Cabrillo College is cheating by having an active California Bar registered attorney (Cabrillo Vice President of Labor Relations and Human Resources) Angela Hoyt represent them in small claims court motions and tricking the court/ now disqualified judge Rebecca Connolly into postponing the case from March to April 16 based on Angela Hoyt’s unavailability to attend court in person in March, despite it being illegal under California Code of Civil Procedure Section 116.530 for an active attorney to represent a government agency in small claims court. This is the ethical equivalent of paying a doctoral candidate to take an undergraduate’s final exam. This shows the ethics of one of Cabrillo College’s vice presidents.

Judge Connolly was disqualified by my peremptory challenge and indicated there will be a new judge assigned on 4/16/26 and maybe a new courtroom as well.

Any journalists, media, or members of the public who want to hear/ see the court trial must attend in person on Thursday April 16, 2026, 1:00pm, Department A or as reassigned, Watsonville Courthouse, Superior Court of California County of Santa Cruz; 1 Second Street; Watsonville, CA 95076. However, be advised that I will be appearing virtually via zoom.

After the hearing I will be available by email or phone please contact Jim Vivian Jim.Vivian [at] yahoo.com 1.408.634-9749 phone or text.

James Robert Vivian vs Cabrillo College case #26CV00126 re: events of 12/5/24 violent attack etc

James Robert Vivian vs. Michelle Donohue and Cabrillo College case #26CV00148 re: Cabrillo College actions in coverup and aiding and abetting perpetrators from 12/6/24-6/5/25 date a government agency claim was filed. Cabrillo College is a California Community College.