The student involved in the altercation with education instructor Brian Calhoun is filing a lawsuit against him.

Kevynn Gomez, 19, said she is suing Calhoun for damages as a result of the assault and battery he’s alleged to have committed against her. It is unknown if her lawyer will pursue a case against Fresno City College at this time.

“Although I did say something to him,” Gomez said, “he had no right to touch me.”

Calhoun was arrested and cited on March 22 with California Penal Code 242, a misdemeanor battery; he has not been charged yet. Gomez’s attorney, Catherine Campbell, said that the district attorney will “file charges by the time he goes to his arraignment,” on June 19.

The crime comes with a list of possible penalties including probation, six months in a county jail, a $2,000 fine, community service and/or entry into a batterer’s program.

If the alleged battery had included the use of a deadly weapon or resulted in a serious injury to Gomez, Calhoun would be facing a felony charge.

Calhoun cleaned out his office on April 1 after being put on administrative leave by the college. He declined to be interviewed.

The SCCCD police report is somewhat unclear regarding the whereabouts of Michael Medrano who was a substitute for Gomez’s Chicano-Latino Studies class taught by Matthew Espinoza-Watson on the day of the incident.

The police report noted that Officer Chris Caldwell could not “locate the substitute instructor to get his statement because he had already left the area.”

Medrano declined to be interviewed, but the police report tells his story as he told it over the phone to Officer Caldwell.

“Medrano said Calhoun came in and was angry, saying he wanted the classroom,” Caldwell states in the police report. “Medrano said he heard a commotion outside and a student came in and said there was a fight going in the hallway. Another student came into the classroom and said Calhoun pinned a student to the floor.”

The police reported that Medrano said that Calhoun apparently came back into the classroom and “said a student was rude to him, hit him in the face and he went after the student.”

Calhoun’s attorney, Roger Nuttal, told Calhoun’s version of events to ABC30.

“So he’s waiting outside, and this female student comes out and proceeds to call him an ‘a–hole mother f—er,’” Nuttal said. “And then he gets slugged in the nose by her,” causing Calhoun’s nose to bleed.

“That’s not his style [attacking students]. He’s too smart for that. You don’t attack people; he’s not a violent person,” Nuttal said. “I question the veracity of that young woman, particularly in light of the manner in which she conducted herself.”

Nuttal would not do an interview with the Rampage until he “had a chance to read the investigation report,” according to his secretary.

The police report and several other witnesses have told a different story, one that refutes Calhoun’s version.

Several witnesses say that Calhoun repeatedly entered the class and told everyone to “get out,” which forced students to hand in their unfinished midterms and leave.

Gomez said that as she walked out of the classroom and passed Calhoun, she said, “Piss off, a–hole,” and walked into the hallway. Calhoun followed her.

Cori Murphey, 19, said she was waiting in the hallway that day for her 11 a.m. class with Calhoun to begin.

“[Calhoun] kept asking for her name and then he grabbed [Gomez] by the wrist and tried to pull her inside the classroom,” Murphey said. “[Gomez] kept telling [Calhoun] to let go and to stop touching her, and he didn’t [stop].”

That’s when Murphey said Gomez “started swinging” at Calhoun. Then Calhoun “picked [Gomez] up and threw her on the floor.”

“He tried to get on top of me,” Gomez said.

Other students then intervened.

“It looked like he was going to start smashing her on the ground, like physically beating her,” said Jacob Martinez, a 21-year-old liberal arts major and baseball player.

That was when he and several others pulled Calhoun away from Gomez while others helped Gomez to her feet.

The police report has an additional six eyewitness accounts that confirm that version of the story.

Nathan Alonzo, former Associated Student Government president, sat on committees with Calhoun during his time in ASG.

“This is unfortunate for the college because it gives an image that our college is not a safe place,” Alonzo said. “It’s also unfortunate for Brian because being an instructor meant a lot to him… this is a really sad way to end his stint here at Fresno City College.”

FCC President Tony Cantu declined to comment on the matter, saying that, it is “a personnel issue” and that an investigation is underway.

“It would be an understatement to say [Calhoun] overreacted,” Campbell said. “What [Calhoun] did was outrageous; almost unbelievable. It makes one question his mental health.”