Former public safety director sues KCCD, alleges discrimination

Attorneys for the former public safety director at the Kern Community College District filed a lawsuit earlier this month against the district alleging discrimination, harassment and retaliation.

Former public safety director Christopher Counts said he was subject to adverse employment actions following his complaints of gender and sex harassment.

“This is a huge liability for the college because it creates a public safety issue,” said partner Kristi Rothschild at Rothschild & Alwill, APC, the attorney for Counts.

The KCCD said in an emailed statement that the district does “not comment on matters that are currently being litigated in the courts.”

A case management conference is scheduled for Jan. 26 in Kern County Superior Court.

Counts worked at the college district since 1990 and became public safety director in 2012.

An employee spread a rumor in 2016 stating Counts was in a sexual relationship with a secretary, according to the lawsuit filed in Kern County Superior Court. An investigation determined the allegations were false, and were made by a “single disgruntled employee, who resigned/retired,” the lawsuit states.

KCCD retaliated by leaving positions unfilled in the plaintiff’s department despite the findings of the investigation, the lawsuit alleges.

Counts was the sole managerial employee within his department from 2012 to 2020 and oversaw roughly 50 employees across 14 Kern County campuses, according to the complaint filed in court. The director made several requests to fill two positions in his department, the lawsuit states, but he was repeatedly denied.

The plaintiff oversaw all aspects of the department 24/7 year-round, and during sick leave, vacation and personal days off, the lawsuit alleges. The director received “outstanding” or “exceeds job requirements” on his annual reviews, the lawsuit states.

Another rumor about a sexual relationship between Counts and another employee circulated in 2018. At about the same time, Sonya Christian, the former president of Bakersfield College and current chancellor of the KCCD, received an anonymous rumor saying Counts was having sex with students and employees while on duty in campus buildings, the lawsuit states.

The complaint alleges no investigation into either claim was made to Count’s knowledge, despite his request that investigations take place. By refusing to investigate the claims, the lawsuit alleges, an unsafe work environment was created because fellow officers would be unresponsive during dangerous times.

“It created mistrust in his department,” Rothschild said. “If your coworkers don’t trust you and you have to respond to a call, there’s a very good potential someone’s not going to back you up.”

Rothschild said the unresponsive Title IX office, charged with investigating all such complaints, poses a problem for the district.

“What does that mean for anybody else in the community college? How many claims have been ignored?” Rothschild added.

The lawsuit also asserts Counts was denied a promotion, though he performed all the position’s duties. Counts faced unrealistic job duties and timelines throughout 2020, the lawsuit alleges.

His authority was revoked at one point, though he still oversaw officers, the lawsuit said. Counts could not be sure his team would follow him during high-risk situations, which created an unsafe work environment, the lawsuit said.

Counts had intended to work an additional eight years, but resigned June 30, 2021 because of the discrimination, harassment, defamation and retaliation, the lawsuit alleges.

He seeks damages for physical and emotional distress, injury to reputation and other harms caused to him, but an amount sought was not stated in the lawsuit.