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Rufus Glasper 

Chancellor 

24-11 W. 14-th Street, Tempe, ,.Yizona 85281-6942 • T 480.73l.S100 • F 480.731.8120 • r.glasper@domail.maricopa.edu 

February 10,2014 

Dr. Cleopatria Martinez 

7030 N. 21st Street 

Phoenix, AZ 85020 

Re: Notice of Suspension without Pay 

Dear Dr. Martinez: 

Based upon the attached written statement of charges, I have decided to suspend your employment under 

my sole authority as Chancellor pursuant to section 3.11 ofthe Residential Faculty Policies. The purpose 

of this. letter to notify you that your suspension from your position as Mathematics faculty at Phoenix 

College will ·begin on March 1, 2014 and end on May 15,2015. Your teaching responsibilities and pay 

will resume Fall semester, 2015 unless you choose to retire (see below). 

Having sought the advice of the General Counsel as required by section 3.11.3 of the RFP, I am satisfied 

that your procedural rights concerning the grounds for suspension have been met. The basis for this action 

is the unanimous finding of an independent hearing committee that you willfully violated the district 

policies set forth in the statement of charges and that I have the authority to suspend your employment 

without pay. 

Also under the terms of subsection 3.11.3~ the interim Vice Chancellor for Human Resources will offer to 

consult with you (and the Faculty Association President, if you choose) concerning the rationale for this 

decision. If you accept his invitation, he will deliver this notice and attachment after the meeting. If you 

decline your opportunity to consult with him, he will have the decision delivered to you in accordance 

with the policy. 

You may voluntarily retire from your position in lieu of this suspension without pay. If you elect to do 

so, you will remain on paid administrative leave and be paid through May 9, 2014. 

Sincerely, 

l+¥1-rEce7p~./7A 

u~~ LeeCombs · 

General Legal Counsel 

cc: Dr. Anna Solley 

Mr. Jim Bowers 

Thn colleges and t:wo skiU centers dedicQted to stlUlent 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 M:!rir.nn:! Skill C:P.nh>r I Sn11thW~>d Sl<ltl r., ... t,, 

Case 2:15-cv-01759-NVW Document 1-5 Filed 09/02/15 Page 1 of 11
;. 

MARICOPA ·1 

COMMUNITY 

COLLEGES" 

Rufus Glasper 

Chancellor 

2411 W, 14th Street, Tempe, Arizona 85281-6942 • T 480.731.8100 • F 480.731.8120 • r.glasper@domail.maricopa.edu 

February 10,2014 

Dr. Cleopatria Martinez 

7030 N. 21 '

1 Street . 

Phoenix, AZ 85020 

Re: Statement of Charges 

Based upon the findings of the hearing committee which are attached to this statement, and the ·record of 

their proceedings, I have determined as follows: 

In teaching your Phoenix College mathematics students, you did not use a textbook. Instead, you prepared 

your own course materials you called your "lecture notes," copied them on Phoenix College equipment 

and at College expense, and distributed them to your students without charge. In preparing your notes, 

you copied problems from copyright protected textbooks and inserted them into your lecture notes 

. without attribution to, or permission of, the copyright holders. 

In early 2010, Phoenix College discovered that you may have exposed MCCCD to liability for copyright 

infringement, notified you of the concerns, and provided training and legal counsel. To protect the 

College from the risk of liability, in April20 10 President Solley restricted your copying privileges, 

allowing only those copy projects approved by your department chair. You attempted to bypass these 

restrictions. The chair filed a complaint that was referred to an administrative evaluation team for 

investigation. The team, including your own appointee, unanimously concluded that your lecture notes 

violated copyright and that you had failed to follow President Solley's direction. 

President Solley considered this history, and on December 10, 2010 imposed a stricter restriction in 

accordance with the RFP. She directed you to use only course materials approved by the department, that 

were available in the bookstore for sale to the students, and that were authored by' persons other than 

yourself. She also required that you provide proper attribution of authorship· of the materials by others 

and show evidence that you had purchased the materials or otherwise received permission to use them 

from the author. She restricted your authority to copy to materials approved by your dep~Utment chair 

after two days' notice and written proof that you had permission ofthe author to copy the materials. 

. . In concluding her directive, Dr. Solley stated, "This direction is intended to communicate job duties to 

you within the meaning of Governing Board employment standard A4.3. In accordance with that section 

ofthe All Employment Policy Manual, willful and intentional violation of these instructions will be 

considered grounds for disciplinary action, up to and including dismissal." 

Despite MCCCD's frequent discussions with you regarding the import~nce of complying with copyright 

laws and the December 9, 2010 directive, you continued to attempt to ignore the 

directive. At the beginning ofthe Fal12012 Semester, you informed your students that they were not 

required to purchase a course textbook and that you would provide them with your own course materials 

in lieu of a textQook. In violation of President Solley's December, 2010 directive, you made copies at a 

local Staples store of course materials that had not been approved by your department chair, and 

distributed them to your students for $11 per copy, payable directly to you. This distribution violated Dr. 

Solley's directive. · 

Ten colleges and two skill centers dedicated to stLJdent success. 

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

;. 

Case 2:15-cv-01759-NVW Document 1-5 Filed 09/02/15 Page 2 of 11
Page2 

You decided unilaterally that no district policy required you to comply with the job duties communicated 

to you in writing by Dr. Solley, so you violated them. However, her directive was issued under section 

3. 7.4 of the RFP. This section authorizes a president t0 take "any appropriate action" after receiving the 

'results of the administrative review. In considering the appropriate action, Dr. Solley relied on the advice 

of expert counsel to assess the risk of liability represented by your behavior, on your documented history 

of evasion of her prior efforts to protect MCCCD, and the unanimous report of the administrative 

evaluation team. You did not file a timely appeal or grievance seeking review of this directive. 

An additional concern arose after a student brought the copying to PC' s attention, complaining that you 

did not provide receipts for the material charges. MCCCD Administrative Regulation 1.12. states as 

follows: 

" 1.12.2 Authorization 

Prior to participating in the sale of products or services, Revenue and Expenditure categories must be 

included in a program's budget, and approved by the Governing Board during the annual budget adoption 

process, or ·as legally changed during a fiscal year. 

I .12.3 Fees 

Fees exchanged for products or services produced through an educational, training, or service activity 

shall be pre-approved by the Governing Board., 

Phoenix College determined that your course materials charge was not included in the adopted budget or 

pre-approved by the Governing Board. Dr. Solley therefore issued a corrective action that directed you to 

issue refunds to the students for the unauthorized charge. You refused, and offered no explanation or 

justification of your decision to the hearing committee. The hearing committee found your failure to 

comply with the corrective action was in violation of Administrative Regulation 6.7 .1 and Administrative 

Regulation 6.7.3. 

·Therefore, for purposes ofRFP Section 3.13, this letter will serve as a statement of charges that you are in 

violation of Administrative Regulation 6.7.1 and Administrative Regulation 6.7.3. In ac·cordance with 

these regulations, disciplinary action up to and including termination is warranted. I accept the hearing 

committee's recommendation that you should not be dismissed from employment. Howeyer, I believe 

suspension without pay for a substantial time is the appropriate sanction. 

Sincerely, 

/?f-/itrRufus Glasper, Ph.D. CPA 

Chancellor 

I 

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BEFORE THE GOVERNING BOARD OF THE 

MARlCOPA COUNTY COMMl)NlTY COLLEGE DISTRICT 

.--.... 

MARICOPA COUNTY COMMUNITY 

COLLEGE DISTRICT, 

) 

) HEARING COMMIITEE 

) 

v. ) FINDINGS OF FACT, CONCLUSIONS 

) OF LAW, AND RECOMMENDAT10N 

.....; R. C.;:::L.=.EO ;;;.::..:..=.:TRIA.;..MAR:.;.:::.:::.::T.=.:IN=EZ=------ ) 

PUisuant to the October 16, 2013 Scheduling Order, having reviewed all of the parties; 

pleadings and exhibits and conducting a hearing on November 18, 2013, the Hearing Conunittee 

{by majority vote) hereby submits the following Findings of Fact, Conclusions of Law and 

Recommendation. · 

FINDJNGS OF FACT 

1. After having taught mathematics full-time for ten years at Denver Community 

College, Dr. Cleopatria Martinez moved to Arizona and started teaching mathematics full-time at 

Scottsdale ·community College on January 1, 1985. 

2. Dr. Martinez voluntarily transferred to Phoenix College ("PC") in 1995 and has 

been teaching mathematics there full-time ever since. · 

3. • Dr. Martine:~; elected to voluntarily transfer to PC because there were very few 

minority students attending Scottsdale Comlmmity Colleg~, and she wanted to use her bilingual 

education skills in the mathematics classroqm to better educate the large number of minority 

students attending PC. 

4. , Dr. Martinez was elected by her colleagues to serve as the Chairperson of the 

Mathematic5:DepartmentofPC from 2002 to 2005. 

5. . In early 2010, PC discovere9 that Dr. Cleopatria Martinez ·may have exposed 

MCCCD to J;Wtentialliability f~r copyright infringement. 

6. Dr. Martinez testified that, during her twenty-eight years of teaching mathematics. 

in the MCCCD system, she and her colleagues in the Mathematjcs Departments of both 

Scottsdale Qommunity College and· PC routinely borrowed mathematic.s problems from other 

mathematicians ~ use in their student handouts for educational purposes on a not for profit basis. 

7. , Dr. Martinez testified, without rebuttal, that this borrowing of mathematics 

problems is li longstanding, widespread custom throughout the District and academia at large. 

8. Instead ofrequj.ring her mathematics students to purchase textbooks, 'or. Martinez 

prepared her, own course materials which she called her "LectUie Notes" and distributed them to : 

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her Students . . MCCCD Exhibit List # 4-5 (Martinez Depo, pp. 77:17-78: IS, 106:16-108:16, 

121 :25_-140: 13, 132:16-137:25). 

9. Dr. Martinez read the Gopyright Act of 1976 and believed that it authorized her to 

use small portions of other scholars' work under the "Fair Use11 doctrine because she was using it · 

only for classtoom teaching purposes on a not for profit basis and her use of the material did not 

· undermine the potential market for the other sc~otar•s work. .. 10. . . Per the "Fair Use" doctrine of the Copyright Act, the ''use of a copyrighted work . 

. . for purposes such as criticism, comment, news reporting, teaching (including multiple oopies 

for classroom l1SC), scholarship~ or research, is not an infringement of copyright." 17 U.S.C. §· 107. . 

. 11. Dr. Martinez copied problems from copyright protected textbooks and inserted 

them into her course materials. MCCCD Exhibit List # 4-5 (Martinez Depo., pp. 106:16-

108:16). 

12. Dr. Martinez, in her Basic Arithmetic (MAT082) course, copied problems directly 

from a copyrighted textbook entitled "Basic Mathematics" and inserted them into her "MAT 082 

Basic Aritbnietic Spring 201 0" coUrse materials which she distributed to students. MCCCD 

Exhibit List #. 20 (Full~Sized ExceJpted Comparison). She . did not ·seek or obtain permission 

from the copyright holder. 

13. i Dr. Martinez also copied problems directly from the Sullivan & Sullivan 

"Precalculus" textbook and inserted them into her "MAT1·82 Trigonometry Spring 2010" cours~ 

materials. MCCGD Exhibit List # 22 (Full-Sized Excerpted Comparison). She did not seek or 

obtain pernlission from-the copyright holder. 

14. , Dr. Martinez did not require. her students to pw-chase textbooks in her Spring 

MA T082 Course. MCCCD EKhibit List # 18 (email from Dr. Martinez stating "I indicated in my 

syllabus that, instead of a published·tcxtbook, I was using lecture notes in my MAT082 class.") 

15. Dr. Martinez did not require her students. to pUrchase textbooks in her Spring 

MAT182 Course. See Dr. Martinez's hearing testimony (conceding that students were not 

required to ptirchase a textbook in her Spring 2010 MAT182 course): 

16. ,· On or around ~anuary 12, 2010, MCCCD•s Vice President of Academic Services, 

Ronnie Elliot, sent Dr. Martinez an email notifying her that there were alleged copyright related 

problems with the materials she had printed for the Fall 2009 and Spring 2010 semesters. 

MCCCD Exhibit List# 23 (January 1~. 2010 ~mail). The materials in question were packets of 

comse materials for Dr. Martinez's MATI82. and ~AT187 courses· and contained mathematics 

problems an~ graphs that were taken from copyrighted textbooks. MCCCD Exhibit List # I 1 

(Ronnie Ellipt Declaration, ~~8-9); MCCCD Exhibit List # 16 (MA T182 course packet); 

MCCCD Exhib.it List# 7 (Sean Garrison October 28, 2010 Memorandum). 

17. . I . Dr. Martinez u~ed three of the four packets of "lecture notes'' in the Spring of 

2010 in two pre-calculus classes. See District Exhibit 6, parts 1-3. 

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18. The MCCCD administration, following Vice President Elliot's email, repeatedly 

explained its copyright concerns to Dr. Martinez and asked Dr. Martinez to remove any 

copyright pro!ected mathematics problems from her m~erials. See Kakar Hearing Testimony. 

· 19. ; On. January 26, 2010, Vice President Elliot sent Dr. Martinez an email outlining 

MCCCD's c~ncerns regarding Dr. Martinez's potential copyright infringement. MCCCD 

Exhibit List #:24 (January 26, 2010 email). 

20. " On January 28, 2010, MCCCD in-house-c'ounsel Margaret McConnell discussed 

copyright compliance with Dr. Martinez telephonically. MCCCD Exhibit List# 25 (January 28, 

20 lO email). 1 

· 

21. · Dr. Martinez did not. benefit from the multiple MCCCD copyright infonnation 

sessions noted above. 

. 22. · PC's own expert witness, Sean Garrison, testified that under the "Fair Use" 

doctrine, someone could lawfully copy from a copyrighted textbook without either using or 

purchasing the textbook. 

23. On February 5, 2010, Vice President of Academic Affairs Casandra Kakar, 

Interim Vice President of Administrative Services Paul DeRose, and Dr. Martinez met. to discuss 

Dr. Martinez's alleged m.lsuse of copyrighted materials. MCCCD Exhibit List # 26 (February 

12,2010 email). · 

24. . Dr. Martinez has not used any of the four sets of "lecture notes" since the Sprhig 

of 20 I 0 when PC fust raised its concerns regarding the·notes. · 

25. On April 15, 2010, PC Librarian Ann Roselle conducted a personalized one-on- · 

one copyright training session with D'r. Martinez. MCCCD Exhibit List #f. 28 (Copyright 

PowerPoint ~resentation). See also, Kakar Hearing Testimony. 

26. . When Dr. Martinez met with the librarian; the librarian told Dr. Martinez that Dr. 

Martinez kn6w as much about copyright law as she did. See Martinez Hearing Testimony. 

27. . Following the revocation of Dr. Martinez's copying privileges, Dr. Martinez was 

required .to submit her copy requests to Mathemat_ics Department Chairperson Mr. Sueyoshi so 

that Mr. Sueyoshi could review her materials for possible copyright violations prior to copying 

and distribution to studen~s. MCCCD Exhibit List# 8 (April2, 2010 Directive). 

28. Dr. Martinez sought and obtained a fonn of written permission from the publisher 

of the textbook, Sullivan & Sullivan's "Precalculus," to copy materials from their book after PC 

accused her ofviolatlng copyright law. 

29. On or arotmd Apri1 19, 2010, Dr. Martinez attempted to bypass the copying 

restrictions by having ·an adjunct mathematics Professor, Johnny Santellan. make 24 sels of 

copies of her "Le~ture Notes" for distribution to her mathematics students without obtaining 

prior approva1 from the Mathematics Department Chairperson. MCCCD Exhibit List # 12 

(Sueyoshi D~cl., ~9); MCCCp Exhibit List ## 4-5 (Marti~ez Depo., pp. 223:11-224:21 ) . 

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30. . Because Dr. MartineZ did not feel she was able to obtain reliable guidance 

regarding copyright compliance from the District, she sought advice from a private intellectuaJ 

property anomer regarding the issue, Mr. Frederic BelJamy. 

31. ·Mr. Bellamy reviewed the first two sets of Dr. Martinez's "lecture notes" and 

concluded that they did not violate copyright law because. they fell under the "Fair Use" doctrine. 

32. · Mr. Bellamy based his conclusion that Dr. Martinez did not violate copyright law 

on the opinion that the portion of material that Dr. Martinez copied from the Sullivan & Sullivan 

Precalculus textbook was very small, that she used the copied materials exclusively for 

educational pl,irposes without .anY profit motiv~. that the content of the copied material consisted 

of mathematics problems that are arguably not subject to copyright in the first place, and that the 

small portion of the textbook that Dr. Martinez copied did not · adversely impact the potential 

market for the textbook. 

33. At the hearing, another lawyer practicing in the area of intellectual property law, 

Sean Garrison, testified on behalf of PC. ln contrast to Mr. Bellamy, Mr. Garrison testified at the 

hearing that the first three sets of. Dr. Martinez's lecture notes violated copyright law. 

· 34. In contrast to his testimony at the hearing of November 18, 2013, in bis written 

report Mr. Garrison concluded only that the first three sets of Dr. Martinez's lecture notes 

subjected the District ''to a serious ris.k of a ·copyright infringement claim." See District Exhibit 

6, p. 0002. 

35. : MCCCD invited Dr. M~nez to a copyright workshop that was held on March 1, 

201 0 at PC. br. Martinez chose not to attend the workshop. MCCCD Exhibit List # 1 0 (Solley 

Dec!., '11). · 

36. PC President Anna Solley, on December 9, 2010, concluded that Dr. Martinez's 

alleged misconduct posed an ~cceptable legal risk of a copyright infringement claim and 

imposed restrictions on Dr. Martinez's photocopying privileges. MCCCD :Exhibit List # I 0 

(Solley Decl.; 112). . · 

. . 

37. ·: MCCCD seugbt a legal opinion from an outside copyright expert, attorney Sean 

Garrison. MCCCD Exhibit List # 10 (Solley Decl., ~ 14); MCCCD Exhibit List# 7 (Sean 

Garrison Oct~ber 28, 2010 Memo), 

38. According to Mr. Ganison, the third set of "lecture notes" appeared to have 13 

mathematics problems copied from two other ma~ematics textbooks. 

39. Mr. Garrison testified that he was certain that Dr. Martinez has ·committed 

copyright infringement. See Garrison Hearing Testimony. In reaching this conclusion, Mr. 

Garrison reviewed· thousands .of pages of materials including nearly 300 pages of Dr. Martinez's 

lecture notes. and 'lhree separate copyrighted mathematics textbooks. MCCCD Exhibit List # 6 

(Sean Garrison April19, 2013 Report); see also Garrison Hearing Testimony. 

40. In relian~e upon Mr. Garrison's recommendations, PC President Anna Solley 

issued a December 9, 2010 d~ective that imposed further restrictions on Dr. Martinez's copying 

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privileges. MCCCD Exhibit List# 9 (December 9, 2010 Directive); MCCCD Exhibit List# 10 

(Solley Decl., ~1 5). 

41. :The December 9, 2010 Directive prohibited Dr. Martinez from utilizing any 

cowse materi8Is of her own creation; MCCCD Exhibit List f# 9 (December 9, 2010 Directive). 

Instead, Dr. ~artinez was required to only ~e course materials that are "approved by the 

mathematics department" or that are "available in the bookstore for sale to students and that are 

authored by persons other than [Dr. Martinez]." MCCCD Exhibit List t# 9 (December 9, 2010 

Directive). · 

42. The December 9, 2010 Directive furtl:u!r required Dr. Martinez to submit her 

photocopy requests to lhe MathematicS Department Chair for his approvaJ. MCCCD Exhibit 

List# 9 (December 9, 2010 Directive). 

43. Despite MCCCD's frequent discussions with Dr. Martinez regarding the 

importance of complying with copyright laws and the December 9, 2010 Directive, Dr. Martinez 

continued to attempt to ignore the directive. See Kakar Hearing Testimony. 

44. At the beginning ~fthe FaJ12012 semester {on or about August 21-23, 2012), Dr . 

Martinez infonned her students that they were not required to purchase a course textbook and 

that she would· provide them with her own course materials in lieu of a textbook. MCCCD 

Exhibit List# 4-5 (Martinez Depo., pp. 232:19-233:21. 

45. In fall of 2012, Dr. Martinez sought to have her lecture notes photocopied off 

campus at a nearby Staples store. This practice is inconsistent with the December 9; 2010 

Directive. :M;CCCD Exhibit List #·9 (December 9, 2010 Directive); MCCCD Exhibit List# 4-5 

(Martinez De.po., pp. 232:19-233:21). . . 46. ' Dr. Martinez did not .submit her Fall 2012 materials to Mathematics 'Department 

Chairperson Mr. Sueyoshi for approval. : MCCCD Exhibit List # 4-5 (Martinez Depo., pp, 

232:19-233:21) . 

. 47. Dr. Martinez made copies of her course materials at an off-campus Staples store 

and distributed them to students for $11 per copy. MCCCD Exhjbit List t# 4-5 (Martinez Depo., 

pp. 232:19~233:21) . 

48. ~e $11 course material fee was paid directly to Dr. Martinez by students. 

MCCCD Exhibit List# 4-5 (Martinez Depo., pp. 232:19-233:21). 

49. : PC accused Dr. Martine2 of violating the District's "cash handling" rules by 

distributing these course materials to ·her students if the students ~eimbursed her for her out-ofpocket copyipg costs. 

I 

SO. . PC subsequently claimed that ,Dr. Martinez violated the District's "c~sh handling" 

policies by seeking reimburseme~t for the copies. 

51. MCCCD's policies_prohibit.iniltructors from having ''any financial interest in or 

receiv[ing] compensation from the sale of any unpublished instructional materials required or 

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suggested for. a class that the instrUctor teaches.'~ MCCCD Exhibit List# 41 (Residential Faculty 

Policies, 3.2.4).). 

52. ~·Dr. Martinez failed to follow the protocol set forth in ~e December 9. 2010 

Directive in copying her Fall 2012 course materials. MCCCD Exhibit List# 9 (December 9, 

2010 Directive); MCCCD Exhibit List# 4-5 (Martinez Depo., PP·. 232: 19-233:21). 

53. Dr. Martinez distributed course materials directly to students in her Fall 2012 

MATl51 class. MCCCD Exhibit List# 4-5 (Martinez Depo. pp. 232:19-233:21). 

54. : The MCCCD Administration learned of Dr. Martinez's unauthorized distribution 

of course materials to students aft~r one of Dr. Martinez's MAT151 stUdents complained to 

Mathematics Department Chairperson Mr. Sueyoshi. The student complained that Dr. Martinez 

refused to provide her with a receipt for the purchal!ed course materials. See Kakar Hearing 

Testimony. 

55. Upon learning that Dr. Martinez had distributed course materials to students 

allegedly in violation of MCCCD's cash handling poi icy, President Solley instructed Martinez to 

immediately issue refunds to her students via personal check. MCCCD Exhibit List # 3 (October 

18, ~012 Counseling Notice); see also Kakar Hearing Testimony. 

56. cin or around October 18, 2012, Presideirt Solley and Dr, Kakar met with Dr. 

Martinez to ~xplain the seriousness of Dr . . Martinez's alleged cash handling violation. MCCCD 

Exhi"Qit List# 3 (October 18, 2012. Counseling Notice); see also Kakar Hearmg Testimony. In 

addition, President Solley and Dr. Kakar prepared a written counseling memo dated October 18 

2010 for Dr . Martinez regarding her alleged violation of cash handling rules. Dr. Martinez was 

provided witO a copy of the October 18,. 2010 counseling .notice and Presiqent Solley proceeded 

to explain to Dr. Martinez the seriousness of the alleged cash handling violations and the 

requirement that Dr. Martinez issue Teimbursements to her students, MCCCD Exhibit List # 3 

(October 18, 2012 Counseling Notice); see also Kakar Hearing Testimony. 

57. Several months later, on or around January 9, 2013, Dr. K.akar learned that most 

(if not all) students had not yet received refunds from the I;Jr. Martinez. · MCCCD Exhibit List # 

39 (various emails regarding student refunds). As a result, Dr. Kakar instructed Dr. Martinez to 

provide copies of refund checks by January 18, 2013. MCCCD Exhibit List# 39 (various emails 

regarding student refunds). 

58. Dr. Martinez failed to produce a single refund check by the January 18, 2013 

deadline. MCCCD Exhibit List# 39 (various emails regarding student refunds).' 

. . . 

59. r Dr. Martinez did not think that she had violated any District rule in reference to 

the copies. rherefore, she declined to follow the December 9. 2010 order because she believed 

she was not required to do so under any District rule. 

60. At the November.l8, .2013 hearing, Dr. Martinez did not provide any explanation 

for her refusal to comply with the October 18. 2012 and January 9, 2013 directives lo issue 

refunds to h~r students. See Martinez H~aring Testimony. 

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61. At .the hearing Dr. Martinez testified that she had ma<le a "mistake" and, in 

retrospect, should bave complied with President Solley's instructions. See Martinez Hearing 

Testimo~. 

62. ·On or around August 9, 2013, MCCCD Chancellor Rufus Glasper sent Dr. 

Maffinez a leJter infonning her that MCCCD was proceeding with termination proceedings. 

Included with 'this Jetter was a stateme!1t of. charges that sununarized the particular violations Dr. 

Martinez had been charged with (hereinafter referred to as "Statement of Charges,") MCCCD 

Exhibit List # :1 (Statement of C~arges). . . · 

CONCJJJSIONS 

63. ·PC failed to carry its burden of proof relating to violation of MCCCD's cash 

handlil)g rules found in MCCCD Administrative Regulations 1. l 7, violation of Residential 

Policy Manual 3.2.4 (relating to financial interests in unpublished materials), violation of U.S. 

Copyright Law and fair use guidelines, and violation of MCCCD Administrative Regulations 

3 .2.4 and 3 .2.5 related to copyright regulations. · 

64. Notwithstanding their education, their" experience, and their good faith, Mr. 

.Bellamy and Mr. Garrison disagreed as to whether or not Dr. Martinez violated copyright law. 

Therefore, it is inconclusive as to whether Dr. Martinez intentionally and/or inadvertently 

violated f~deral c~pyright Jaw. 

65. It is inconclusive as to whether or not Dr. Martinez violated the "cash handling" 

policies ofMCCCD. 

66. · Dr. Martinez. willfully and intentionally failed to follow instructions that were 

communicate~ to her when she failed to issue refunds to students as directed by President Solley . 

. 67. Dr. Martinez conceded that she never complied with President Solley's clear 

directive to issue refunds to her students. Although Dr. Martinez now regrets her decision not to 

comply with President SoUcy's directive, she has never claimed that she did not understand the 

instructions or that the instructions were beyond the scope of management's authority. Viewed 

in light of these facts, Martinez's claim that she "made a mistake" is an admission of willful 

insubordination. · · 

68. ' By failing to comply with President S~Uey's directive to issue refunds to her 

stucierits, nr: Martinez violated MCCCD Administrative Regulation 6.7.1 which prohibits the 

"{w)iiJfuland intentional violation of any ... MCCCD administrative regulation that affects the 

employee's ability to perform his or.her job." 

69. . By failing to comply with President Solley's directive t0 issue refunds to students, 

Dr. Martinez· violated MCCCD Administrative Regulation 6.7.3 which prohibits the "[w]illful 

and intentional failure to peifonn job duties that have first been communicated to an employee 

and are within the employee's scope of employment." 

Ill 

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'70:, .. W~ .h~t~by. re~~~Q that Jh~ .O.!)v.en;Ung ijo~Q. qer,ty· Y.~e$JdeAt ~9.l1ey.:'_s­

.t~~JJ~trQ~Jesu~t ~n~t!lU:O..w ))r, M~nez to c~ntfnue.Jier. MCGCD emplaymerit. 

7~, Yet MCG.CP Adininisfraii.'o!e .Regulation: 6.7. Indicating .that Viohition of any 

EmploJ7nent Standatds: 1'c6nsfl"futes pounds: f6i:. disc~piinary' action, :Up.£a [emphasis 'adaed]..arid; 

including temifn.atlon~ •• We.her~l:iy recommend that tbe: OQvemi,ng. of)l'~ tetru)1:Dt .. 1v,:artih~:;t . 

4.061JB-1 

chai'rp:c~!Jll· · · 

On .Beluilf of·the Heariilg;Co.ininiftee,. 

Di!. No·taR:e_9es and br.-Ca±lb~.Ca.ite! 

.. 

.. 

. 

Case 2:15-cv-01759-NVW Document 1-5 Filed 09/02/15 Page 11 of 11