In 2021, a police officer was dispatched to a domestic disturbance call. Upon arrival, the police officer encountered the parents of a young woman who was intoxicated and experiencing a mental health crisis. The officer offered resources but did not believe her to be a danger to herself or others and so declined to take her to a mental health facility. The officer waited until the woman departed her parents’ home with a ride from an acquaintance.
The next day the officer located the young woman on social media and contacted her. That contact led to a flurry of communications that quickly became sexually provocative, and persisted over several months. Eventually the two met one night and had sex after the young woman had consumed several drinks of alcohol. When the young woman’s parents discovered this, they called the department and an IA investigation followed. The DA conducted a criminal investigation for potential rape charges but declined to prosecute.
The IA investigation report sustained findings of violations of department policy and recommended termination. The officer appealed the termination and the matter went before an arbitrator.
The family felt discouraged by the DA’s refusal to prosecute. Attorney Carvalho worked tirelessly to cultivate trust with the young woman and her family and they eventually testified at the arbitration hearing. The arbitrator found that a preponderance of the evidence showed that the officer violated multiple department policies, the applicable MOU, and committed a “sexual assault” according to Senate Bill 2’s proscriptions of “serious misconduct.” The arbitrator upheld the department’s decision to terminate.