HERCULES (KCBS) — A transgender teen is expected to avoid a misdemeanor battery charge stemming from a bullying incident on an East Bay high school campus.

Hercules High School student Jewlyes Gutierrez is facing one count of misdemeanor battery, but has been court ordered to complete a conflict resolution program.

Deputy Public Defender Kaylie Simon, who represented Gutierrez, said this form of restorative justice is perhaps the best solution.

“I’ve seen this as a case that would be better dealt with in the community and in the school environment rather than in the court system because it’s a complicated situation,” Simon said.

According to authorities, Gutierrez got into a fight with three girls on campus last November who had been taunting and bullying the 16-year-old. Part of this conflict resolution program will take place at the RYSE Youth Center in Richmond.

“We want to make sure that the needs of all students are addressed in a very fair way, that there’s accountability at all levels,” said Kanwarpal Dhaliwal a community health director at the center.

Dhaliwal said it’s her understanding that upon completion of the program, charges will be dismissed against Gutierrez.


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