I 

Rufus Glasper 

Chancellor 

2411 W. 14th Street, Tempe, Arizona 8528H942 • T 480.731 .8100 • F 480.731.8120 • r.glasper®domail.maricopa.edu 

August 9, 2013 

Cleopatria Martinez 

7030 N. 21 51 Street 

Phoenix, AZ 85020 

Re: Intent to dismiss you from your employment 

Dear Dr. Martinez: 

Dr. Anna Solley, President of Phoenix College (PC} has forwarded a statement of charges to James 

Bowers, Interim Vice Chancellor for Human Resources. Mr. Bowers has reviewed the charges, in 

consultation with the MCCCD Legal Office, and recommended to me that there exists prima facie 

cause for your dismissal from your position as Mathematics Faculty at Phoenix College (see 

attached). I concur with his recommendation. The recommended effective date of your involuntary 

termination is September 24, 2013. 

Maricopa County Community College District Administrative Regulation 6.7 states that violation of 

any of its Employment Standards "constitutes grounds for disciplinary action, up to and including 

termination of any Maricopa County Community College District (MCCCD) employee as outlined by 

the respective policy manuals". 

Pursuant to Section 3.15.3 of the RFP Policy Manual, you may invoke your right to a hearing by 

filing a written request with Interim Vice Chancellor James Bowers within five (5) business days 

after being served with this n_otice of intent to dismiss you from your employment. 

Sincerely, 

Rufus 

'+~ Glasper, Ph.D., CPA 

Chancellor 

Cc: MCCCD Governing Board 

Dr. Anna Solley 

Mr. Jim Bowers 

Ten collegL>s a11d tn•o skill centers dedicated to student success. 

Chandler-Gilbert I Estrella Mountain I GateWay I Glendale I Mesa I Paradise Valley I Phoenix 

Rio Salado I Scottsdale I South Mountain I Maricopa Skill Center I SouthWest Skill Center 

Case 2:15-cv-01759-NVW Document 1-3 Filed 09/02/15 Page 1 of 4
Ill A~ c 0 M. M ~ N, Tv v1ce nancenor MARI"OPA I ... c· .. ff c o 1. L E G E s" , Human Resources 

2411 W. 14th Street, Tempe, Arizona 85281-6942 • T 480.73i.Sl03 • F 480.73!.8120 • www.mancopa.edl.: 

August 9, 2013 

Cleooatria Martinez 

7030 N. 21st Street 

Phoenix, AZ 85020 

RE: Employment Status 

Dear Dr. Martinez: 

You are being placed on paid administrative leave from August 12 through 

September 24, 2013, pending the approval of your termination. During 

administrative leave, you will remain an employee of Maricopa County 

Community College District (MCCCD) and must continue to observe all policies 

regarding employee conduct. 

For the duration of oaid administrative leave, you should not report to work nor 

do you need to make contact with your supervisor. Upon approval of your 

termination by the Maricopa County Community Colleges Governing Board, you 

will be notified regarding the termination of your employment status with 

MCCCD. 

Sincereiy, 

/"'!/ C/fV . 

fam~dcwers, J.f .. . 

Interim Vice Chancellor for Human Resources 

cc: Dr. Anna Solley 

Employee Personnel File 

Tcu colic.«<'~ cmd IW<> ski/1 c~utcrs d~climt~d It> s/uclcnt success. 

Ghanoler-G~bert I Estrella Mountain I GateWay I Glendale I Mesa I Paradise Valley I Phoenix 

fiio Salado I Scottsdale I South Mountain I Maricooa Skill Center I SouthWest Skill Center 

Case 2:15-cv-01759-NVW Document 1-3 Filed 09/02/15 Page 2 of 4
~ COMMUNITY ICe ance or M A R 1 c o p A I v· Ch 11 

c o L L e G E s• Human Resources 

2411 W. 14th Street, Tempe, Arizona 85281-6942 • T 480.731.8103 • F 480.731.8120 • www.maricopa.edu 

August 9, 2013 

Dear Dr. Glasper: 

The following statement of charges against Dr. Cleopatria Martinez was forwarded to me by Dr. 

Anna Solley, President, Phoenix College. Pursuant to 3.15. 1 of the Residential F acuity Policy 

(RFP), I have reviewed the charges, in consultation with the MCCCD Legal Office, and 

recommend to you that there exists prima facie cause for the dismissal of Dr. Cleopatria 

Martinez. 

~ 

?a:~wers, J.D. 

Interim Vice Chancellor for Human Resources 

Statement of Charges 

• Violation of Administrative Regulation 6.7.1 ~'Willful and intentional violation of any state 

or federal law, applicable ordinance, MCCCD Governing Board policy, or MCCCD 

administrative regulation that affects the employee's ability to perform his or her job", 

specifically: 

o Violation of MCCCD's cash handling rules as covered by MCCCD Administrative 

Regulations 1_. 17 

• Violation of Residential Faculty Policy Manual 3.2.4 ~ "A Faculty member shall not have 

any financial interest in or receive compensation from the sale of any unpublished 

instructional materials required or suggested for a class that the Faculty member 

teaches." 

• Violation Of U.S. Copyright Law and fair use guidelines, and MCCCD Administrativ~ 

Regulations 3.2.4 and 3.2.5 regarding copyright regulations: 

3.2.4 Employees are prohibited from copying materials not specifically 

allowed by the {1) copyright Law, (2) fair use guidelines, (3} 

Licenses or contractual agreements, or (4) other permission. -

3.2.5 The Governing Board disapproves of unauthorized duplication in 

any form. Employees who willfully disregard this Board policy and/or 

the aforementioned copyright guidelines do so at their own risk and 

assume all liability for their actions. 

Ten coJJeges mrd f1Pt1 skill ce11ters dedimted ILJ Mlldcn/ success. 

Chandler-Gilbert I Estrella Mountain I GateWay I Glendale I Mesa 1 Paradise Valley 1 Phoenix 

R1o Salado I Scottsdale I South Mountain I Maricopa Skill Center 1 SouthWest Skill Center 

Case 2:15-cv-01759-NVW Document 1-3 Filed 09/02/15 Page 3 of 4
• Violation of Administrative Regulation 6. 7.3- "Willful and intentional failure to perform job 

duties that have first been communicated to an employee and are within the employee's 

scope of employment", specifically, repeated failure to follow instructions regarding 

printing/copying of unauthorized materials, failure to use only approved course materials, 

unauthorized copying and sale of course materials, failure to reimburse students for the 

materials you wrongfully charged them for, and failure to meet the deadline to provide 

copies of any reimbursement checks to students. 

Brief Timelirie: 

• January 2010 - College Vice Presidents Ronnie Elliott, Paul DeRose and Cassandra 

Kakar; along with Maggie McConnell; Assistant General Counsel, reviewed the 

requirements of AR 3.2 with you at length. 

• April2, 2010 -Anna Soll13y, Phoenix College President, notified you that your copying 

privileges at the Phoenix College IKON Copy Center were suspended. 

• Spring 201 0 -An Adminfistrative Evaluation was initiated based on Mr. Joe Sueyoshi's 

complaint. By agreement, the Evaluation Team did not undertake its task until the fall 

semester. The findings and recommendations were submitted to Dr. Solley on 

November 17, 2010. The overall findings included: . 

o Copyright and plagiarism: Dr. Martinez was notified in writing and in meetings of 

MCCCD's and Phoenix College's concerns regarding her course materials 

violating copyright, fair use, and plagiarism laws. 

o Insubordination: Dr. Martinez failed to follow Dr. !Solley's and MCCCD's Legal 

Counsel's directives- specifically, she repeatedly requested copies, copied and 

printed unauthorized materials. 

• December 9, 2010 - Dr. Solley administered an Initial Corrective Action to you for 

insubordination and failure to follow instructions regarding printing or copying of 

unauthorized materials. 

• August 21-23, 2012- You told your MAT 091 and MAT 151 students not to buy the 

approved text that you listed on the syllabus. Instead, you made copies of a colleague's 

materials and sold them to your students for $11 each. 

• October 18, 2012- A Second Corrective Action for insubordination and unauthorized 

copying and sale of course materials was administered to you by Dr. Solley. Included in 

the corrective action was the following directive: "Because you imposed charges on 

your students without authority to do so, you have the responsibility to reimburse the 

students from your own funds. You are hereby directed to do so by personal check, 

beginning immediately and continuing until all students who paid you are reimbursed." 

• January 11, 2013- Upon discovering that the students who bought your unauthorized 

course materials had yet to be reimbursed, Casandra Kakar directed you, via email, to 

provide her, by January 18, 2013, with front and back copies of all cashed personal 

reimbursement checks to your students. 

• January 18, 2013- You failed to provide Dr. Kakar with copies of any reimbursement 

checks and neglected to contact her regarding the money you still owe the students. 

• February 21, 2013- A student turned in the MAT091 materials which you left in room 

8210. Timothy Bryan, Mathematics Faculty, has previously told you that you do not 

have permission to use his materials again. 

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Case 2:15-cv-01759-NVW Document 1-3 Filed 09/02/15 Page 4 of 4