EXHIBIT 2, PART 1 

TO 

PLAINTIFF’S STATEMENT OF FACTS 

IN SUPPORT OF 

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

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UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

CLEOPATRIA MARTINEZ, 

Plaintiffs, No. CV 15-01759 NV 

vs. 

MARICOPA COUNTY COMMUNITY COLLEGE 

DISTRICT, a political subdivision of 

the State, and RUFUS GLASPER and 

DEBRA GLASPER, husband and wife, 

(Copy) 

Defendants. 

DEPOSITION OF RUFUS GLASPER 

Phoenix, Arizona 

November 22, 2016 

10:20 a.m. 

M2ller Certified Reporting, LLC 

Post Office Box 513 

Litchfield Park, Arizona 85340 

(P)623-975-7472 (F)623-975-7462 

www.M2llerCertifiedReporting.cam 

Angela Furniss Miller, RPR 

Certified Reporter (AZ 50125) 

Miller Certified Reporting, LLC 

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I N D E X 

WITNESS 

RUFUS GLASPER 

NO. 

No. 1 

No. 2 

No. 3 

No.4 

No. 5 

No. 6 

No. 7 

EXAMINATION BY MR. ROBAINA 

EXAMINATION BY MR. UPPAL 

FURTHER EXAMINATION BY MR. ROBAINA 

* * * 

EXHIBITS 

DESCRIPTION 

Residential Faculty Policies 2012 -

2013 

Residential Faculty Policies 2013 -

2014 

August 9, 2013 letter to Cleopatria 

Martinez, Re: Intent to dismiss you 

from your employment 

December 9, 2013 letter to Dr. Rufus 

Glasper, Re: Maricopa County 

Community College District v. Dr. 

Cleopatria Martinez 

Hearing Committee Findings of Fact, 

Conclusions of Law, and Recommendation 

February 10, 2014 Memorandum to Dana 

Saar, President, MCCCD Governing 

Board, Subject: Recommendation to 

adopt hearing committee's 

recommendation regarding dismissal, 

Dr. C1eopatria Martinez 

April 14, 2014 letter to Dr. 

Cleopatria Martinez, RE: Update to 

Notice of Suspension without Pay 

Miller Certified Reporting, LLC 

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EXHIBITS 

DESCRIPTION 

August 13, 2014 correspondence to Vice 

Chancellor for Human Resources Lacoya 

Shelton-Jackson, Chancellor Rufus 

Glasper, Governing Board Member Doyle 

Burke, Governing Board Member Alfredo 

Gutierrez, Governing Board Member 

Randolph Elias Lumm, Governing Board 

Member Debra Person, and Governing 

Board Member Dana F. Saar, Subject: 

Grievance 

Miller Certified Reporting, LLC 

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PAGE 

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DEPOSITION OF RUFUS GLASPER, a witness herein, 

was taken upon oral examination by the parties through 

their respective attorneys before ANGELA FURNISS MILLER, a 

Certified Reporter in and for the County of Maricopa, 

State of Arizona, taken on November 22, 2016, commencing 

at 10:20 a.m., at the law offices of ROBAINA & KRESIN, 

PLLC, 5343 North 16th Street, Suite 200, Phoenix, Arizona. 

COUNSEL APPEARING: 

ROBAINA & KRESIN, PLLC 

BY: Mr. Edmundo P. Robaina, Esq. 

BY: Ms. Ashley A. Marton, Esq. 

5343 North 16th Street, Suite 200 

Phoenix, Arizona 85016 

epr@robaina1aw.com 

aam@robaina1aw.com 

Attorneys for Plaintiff 

FISHER & PHILLIPS, LLP 

BY: Mr. Pavneet Singh Uppal, Esq. 

201 East Washington Street, Suite 1450 

Phoenix, Arizona 85004 

puppal@laborlawyers.com 

Attorneys for Defendant 

ALSO PRESENT: 

Ms. Cleopatria Martinez, Plaintiff 

Miller Certified Reporting, LLC 

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A. 

Q. 

No, I do not. 

All right. Let's start with a little bit of 

background. Are you married? 

A. 

Q. 

A. 

Q. 

A. 

Q. 

Yes. 

And what is your wife's name? 

Debra, D-E-B-R-A. 

And does she live with you? 

Yes. 

I just want to get a brief educational history, 

just very brief, from college forward. 

A. I received a bachelor's in business 

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administration and business education from Luther College 

in 1974; I transitioned into Northern Illinois University 

where I received a master's in school business 

administration about '75 -- '75, '76; and then I received 

a certificate of advanced study from Northern in 1980; and 

then I received a doctorate from the University of Arizona 

in 1995. 

Q. What is your doctorate in? 

A. 

Q. 

Finance. 

And can you give me just a very brief employment 

history, significant employment history after college? 

A. I worked in the K-12 system for 12 years. Left 

the Chicago Public School System and came to Maricopa in 

1986 as the director of financial -- director of finance; 

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and then became the chief financial officer in 1995, and 

then became the Chancellor in 2003. 

Q. You're no longer with Maricopa, correct? 

A. Correct. I left Maricopa Community Colleges the 

end of February this year, 2016. 

Q. Okay. And where do you currently work? 

A. I work for the League of Innovation in the 

community college. 

Q. 

A. 

I'm sorry. What was that? 

I work for the League For Innovation in the 

community college. 

Q. 

A. 

Q. 

for it? 

A. 

Oh. So, do you still work for MCCCD? 

No. 

The League -- oh. I'm sorry. That's the name 

The League For Innovation, it's a non-profit 

organization. 

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Q. All right. Let me show you what I'd like to have 

marked as Exhibit 1. 

(Exhibit 1 was marked for identification.) 

BY MR. ROBAINA: 

Q. 

A. 

Q. 

Do you recognize generally that document? 

Yes. 

And what is it? 

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A. Those who may be working in the library or those 

who might be counselors. 

Q. 

A. 

Q. 

A. 

Q. 

So, like, non-teaching faculty? 

Well, they may teach as well. 

Okay. 

But their primary function is service. 

All right. Keep that Exhibit lout and then 

let's have this one marked as Exhibit 2. 

(Exhibit 2 was marked for identification.) 

BY MR. ROBAINA: 

Q. 

A. 

And then can you identify that one generally? 

Generally it's the Residential Faculty Policy 

Manual for 2013-'14. 

Q. 

A. 

Q. 

Can you take a look at the last two pages? 

Last two of the document? 

Yes, sir. 

This appears to be a Memorandum of 

Understanding. In the first paragraph there or the 

it's number one: "The parties have entered into a 

successor Residential Faculty Policy ratified by 

the Faculty Association on August 16, 2013, and 

approved by MCCCD Governing Board on 

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September 24th, 2013, a copy of which is attached 

hereto." 

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And I think it's your signature on the last 

page. Do you see that? 

A. Yes, sir. 

Q. All right. Is this Memorandum of Understanding 

related to the Residential Faculty Policies dated 2013 to 

2014 and effective September 1, 2013, which is Exhibit 2? 

A. 

Q. 

Yes, sir. September 1st, yes. 

You'll see why in a minute I'm asking about both 

of those copies. 

Let me show you what I'd like to have marked as 

Exhibit 3. 

(Exhibit 3 was marked for identification.) 

BY MR. ROBAINA: 

Q. All right. If you would take a look, let me know 

when you've had a chance to review that. 

MR. UPPAL: Oh, I'm so sorry. 

MS. MARTON: It's okay. It happens. Let me go 

get some napkins. 

MR. ROBAINA: I'll go grab some. 

MS. MARTON: Do you need some more water? 

MR. UPPAL: No, I'm good. 

(Whereupon a brief recess is taken.) 

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BY MR. ROBAINA: 

Q. Okay. So, what is this document, the first page? 

A. This is a document that outlines an intent to 

dismiss from employment. 

Q. Okay. And it references attachments in 

paragraph one, and the attachments are a August 9th letter 

from James Bowers, and another August 9th letter from 

James Bowers with the statement of charges, correct? 

A. 

Q. 

Yes. 

All right. In the third paragraph there on 

page 1, it says: "Pursuant to Section 3.15.3 of the RFP 

manual, you may invoke your right to a hearing by 

filing a written request with the Interim Vice 

Chancellor." 

A. 

Q. 

Do you see that? 

Yes. 

All right. I believe, but would like you to 

confirm, that the Section 3.15.3 is from the Exhibit 1, 

the 2012-2013 Residential Faculty Policies, and not from 

Exhibit 2, the 2013-2014 Residential Faculty Policies; is 

that correct? 

MR. UPPAL: Object as to form. 

THE WITNESS: I see -- I see it included in 

2012-2013, effective July 1, 2012. 

And you want me to compare it with this? 

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This is also referring to --

MR. UPPAL: Just one second, I'm sorry. Where 

are you referring to? Where are you reading from? 

MR. ROBAINA: On the -- right here. It's 

yeah. 

MR. UPPAL: Thank you. 

MR. ROBAINA: It's on the August 9, 2013, letter 

to Dr. Glasper from James Bowers. Which is on the third 

page of Exhibit 3. 

Q. BY MR. ROBAINA: And all I'm trying to determine 

there is he's also referring here to the 2012-2013 

Residential Faculty Policies which are exhibit -- in 

Exhibit 1, correct? 

A. 

Q. 

Yes. 

All right. Were the 2012-2013 Residential 

Faculty Policies the ones that were -- the Residential 

Faculty Policies that were in place when allegations 

against Dr. Martinez arose? 

A. 

Q. 

A. 

May I ask a question? 

Yes, sir. 

So, are you asking if this document, the 2013 

13 

fiscal year, was in place when the accusations arose, this 

document? 

Q. Yes, sir. I'm asking -- Exhibit -- just to be 

clear on the record. I'm asking if Exhibit 1, the 

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2012-2013 Residential Faculty Policies, were the policies 

in effect when the allegations against Dr. Martinez arose. 

A. Yes. 

Q. All right. All right. If you would take a look 

then in Exhibit 1, and on page 26 in Section 3.18.3, the 

"Definitions" section. Do you see that? 

A. 

Q. 

Yes. 

And this section appears to set forth different 

types of employment statuses for faculty; is that correct? 

A. 

Q. 

Yes. 

All right. The "One-Semester-Only" definition 

says: "Temporary employment pursuant to a one-semester 

contract, with no continuous employment rights." 

A. 

Q. 

A. 

Q. 

A. 

Do you see that? 

Yes. 

And the "One-Year-Only" section says: "Temporary 

employment pursuant to a one-year contract, with 

no continuous employment rights." 

Do you see that? 

Yes. 

What are "continuous employment rights"? 

Continuous employment rights are provided to what 

are considered to be in 3.18.3.4, and those are 

individuals who are appointed and they're also 

probationary status. So, all three of these would be 

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don't have to go to the Board for appointment, they 

continue in their employment until they've gone through 

their evaluation status for tenure. 

Q. Okay. Appointive status is obtained by faculty 

members at the beginning of their sixth consecutive year, 

correct? 

A. Yes. 

Q. All right. Do appointive status faculty members 

sign contracts with the District? 

A. No. 

Q. Okay. Do appointive status faculty members have 

continuous rights to employment? 

A. They have continuous rights to employment 

consistent with the document once they have achieved 

appointive status. 

Q. All right. Take a look at page 19, and on 

Section 3.12.1, see where it says: "While faculty are 

originally employed with the intention that they 

are continuing employees, the Chancellor upon the 

advice of the College President, may recommend to 

the Governing Board that a probationary member's 

contract not be renewed." 

A. 

Q. 

Do you see that? 

Yes. 

What is it referring to when it refers to a 

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contract there? 

A. When they're referring to a contract, at the end 

of the -- as it was stated earlier, at the end of the 

probationary period, the faculty member is evaluated to 

see if the president and those who the faculty member 

reports to believe that they have met the intentions and 

the requirements of being a appointed faculty and are 

given tenure rights; and implied in that is that they have 

a continuous contract with the system. But there is no 

written contract that I am aware of that a faculty member 

will sign. 

Q. I guess I'm just trying to figure out whether in 

your in your understanding, probationary faculty 

have have some contractual rights that you as 

Chancellor could recommend to the Governing Board not be 

renewed? 

A. 

Q. 

The answer is yes. 

Okay. But the Governing Board ultimately makes 

the decision, correct? 

A. Yes. 

Q. Okay. NOW, a couple paragraphs up in 3.11.2, do 

you see where it says: "No faculty member shall be 

disciplined, reprimanded, suspended, or reduced 

in assignment compensation without just cause"? 

Do you see that? 

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A. 

Q. 

A. 

Yes. 

What does "disciplined" mean in this context? 

Discipline consistent with the policy manual. I 

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believe it could be a reprimand, it could be a suspension, 

and/or a termination. 

Q. Okay. And--

A. Or as it says here, reduced in assignment or 

compensation. 

Q. What does the "just cause" portion of that 

signify? 

MR. UPPAL: Object as to form. 

Q. BY MR. ROBAINA: That's probably a bad question. 

What is the is it your understanding 

that if -- that they can't be disciplined, reprimanded, 

suspended, reduced in assignment without just cause, that 

means that cannot be done at will? 

A. 

Q. 

Yes. 

Okay. And this would be for suspensions without 

pay, I assume? 

A. It could lead up to a suspension without pay, 

yes. 

Q. Well, when it -- when you refer to discipline as 

a suspension -- or, a suspension as a form of discipline, 

I want to make sure we're on the same -- we're talking 

about the same thing. As a form of discipline, a 

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fact or conclusion, and a determination could be made that 

they would not receive pay. 

Q. BY MR. ROBAINA: Right. I mean in other words --

A. 

Q. 

Pending some further action. 

All I'm trying to -- because all I'm trying to 

make sure of is that when you discipline someone and it's 

a suspension, you're talking about a suspension without 

pay, correct? 

Q. 

A. 

MR. UPPAL: Object as to form and foundation. 

BY MR. ROBAINA: Go ahead. 

When you -- when you link the terms "discipline" 

and "without pay," that's consistent with your last 

statement. So the answer would be, yes. 

Q. Is it correct to say that MCCCD can only suspend 

a residential faculty member without pay for just cause? 

MR. UPPAL: Repeat -- I'm not objecting, just 

repeat the question. 

Q. BY MR. ROBAINA: Is it correct to say that MCCCD 

can only suspect -- I'm sorry, suspend a residential 

faculty member without pay for just cause? 

A. 

Q. 

Upon the advice of general counsel, yes. 

Okay. Is there a due process procedure for 

suspensions without pay? 

A. 

Q. 

Yes. 

Where is that located? 

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Human Resources, and then it could move to -- from the 

Vice Chancellor of Human Resources to the Chancellor. 

Q. 

A. 

Is that a grievance? 

Depends on if it was classified on a grievance. 

If the suspension is based on an initial grievance, yes. 

Q. What -- what is -- where is this process in this 

document? 

In other words, I want to make sure you 

understand my question. If you suspend a faculty member 

without pay and they want to appeal it, they want to 

contest it, what is -- and they -- they have the right to 

due process, correct? 

Yes. 

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A. 

Q. All right. What is the process that is due under 

these policies? 

A. My understanding would be if that they did not 

agree with the suspension, then they could request it go 

to the Vice Chancellor and then to me and then to the 

Governing Board. 

MR. UPPAL: Just one second. I want to see which 

one he has in front of him. 

Thank you. 

Q. BY MR. ROBAINA: So, ultimately, they have the 

right to go to the Governing Board? 

A. Ultimately all materials go to the Governing 

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Board. I said "ultimately." All materials under this 

situation go to the Governing Board. 

Q. And the Governing Board has the final say? 

A. The Governing Board can choose for them to take 

the final say. By policy manual every documentation, 

every action relative to a suspension and/or a request for 

termination goes to the Governing Board. 

Q. And that's no different in the 2012-2013 policies 

than it would be in the 2013-2014 policies? 

A. 

Q. 

Not to my knowledge. 

Okay. Can a faculty member who's been suspended 

seek a hearing before a hearing committee? 

A. 

Q. 

A faculty member? 

Who has been suspended without pay. 

A. I don't think the process allows the employee to 

go back to a hearing committee. I'm not aware of the --

THE COURT REPORTER: I'm sorry. "I'm not aware 

of"? 

Q. 

THE WITNESS: I'm not aware of the citation. 

BY MR. ROBAINA: And the process that you 

described that ended with the Governing Board, has that 

been the practice at MCCCD with respect to residential 

faculty members in your time as Chancellor? 

MR. UPPAL: Object as to form. 

THE WITNESS: Let me see if I can respond based 

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we're on the same page. 

If an employee -- if you seek to -- and by "you," 

I mean MCCCD seeks to suspend an employee without pay, 

that may not be done without just cause, correct? 

A. 

Q. 

correct? 

A. 

Q. 

Correct. 

And that employee is entitled to due process, 

Correct. 

And my question was, what is the process that's 

due for an employee who has been suspended without pay? 

A. The employee that is suspended without pay, the 

decision that comes from the Chancellor's office is the 

decision. The information goes to the Governing Board, 

they can choose to request a hearing from the Governing 

Board, but that's the decision of the Governing Board. 

Q. SO, to make sure I understand, the employee who 

has been suspended without pay can request a hearing from 

the Governing Board and the Governing Board decides 

whether the employee gets a hearing? 

A. Yes. 

Q. And that's the practice that was in place during 

your time as Chancellor? 

A. Yes. 

Q. Is that practice written in this policy to your 

knowledge? 

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A. 

Q. 

No. 

Let's go back to the notice of dismissal that's 

in Exhibit 3. Dr. Martinez requested a hearing, correct? 

A. Dr. Martinez requested a hearing? 

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Q. It's not in there, but you recall that a hearing 

was held, correct? 

A. 

Q. 

A. 

Q. 

Yes. 

That occurred on November 18, 2013, I believe. 

May I ask a point of clarification? 

Yes, sir. 

A. When you refer to the "hearing," are you 

referring to the faculty, the hearing before the faculty? 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Before -- before the committee. 

Before the committee? 

Yes, sir. That's in --

It's in 3.15.4. 

Right. 

I just wanted to make sure that we were on the 

same page. 

Q. That's what I was talking about. 

MR. UPPAL: I think what he's saying is, are you 

referring to the termination hearing? 

Q. BY MR. ROBAINA: Yeah. The hearing for the 

proposed dismissal, correct? 

A. Yes. 

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Q. And that hearing -- I'm getting ready to show you 

the findings of fact and all that, but I just -- that was 

held pursuant to the process that's outlined beginning on 

page 21 on -- in Section 3.15, correct? 

A. 

Q. 

Correct. 

And the hearing committee hears the -- hears the 

case, right, and renders pursuant to Section 3.15.7, 

renders finding -- written findings of fact and 

conclusions of law and forwards those along with its 

recommendations regarding the dismissal to you, correct, 

as Chancellor? 

A. 

Q. 

Correct. 

And under 3.15.8, you may adopt the hearing 

committee's recommendation regarding dismissal or make 

your own recommendation and forward the recommendation 

along with a summary of the evidence, a copy of the 

findings of fact, conclusions of law, and final 

recommendations of the hearing committee to the Governing 

Board, right? 

A. Correct. 

Q. Do you have any other explicit -- as Chancellor, 

you, as Chancellor, have any other explicit or implicit 

authority with respect to discipline other than what's 

outlined in Section 3.15? 

MR. UPPAL: Object to the form. 

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Q. BY MR. ROBAINA: For instance, could you 

recommend -- well, first of all, do you understand my 

question? 

Can you repeat your question, please? 

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A. 

Q. Do you have any other -- excuse me. Let me start 

again. 

Do you as Chancellor have any other explicit or 

implicit authority with respect to discipline other than 

what's outlined in Section 3.15? 

Q. 

MR. UPPAL: Object as to form and foundation. 

THE WITNESS: No. 

BY MR. ROBAINA: Okay. Could you recommend to 

the Board something less than dismissal? 

A. Yes. 

Q. 

A. 

Could you recommend to the Board a suspension? 

Yes. 

MR. UPPAL: I want to ask you something, I'm not 

trying to break the flow of your deposition at all, but 

are all of your questions right now pertaining to 

dismissal --

MR. ROBAINA: Right. 

MR. UPPAL: -- or termination? 

Okay. 

MR. ROBAINA: Well, since we've started talking 

again about the dismissal under the August 9, 2013. 

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he agreed to that. And Mr. Uppal was sitting here and he 

understood that, too, when he took a break in the middle 

of the deposition because he didn't like the answers he 

was hearing. So, that's what is inappropriate. 

MR. UPPAL: All of that is incorrect, and you're 

not going to believe me or my witness or my client. So, 

nice try but it's not going to work. 

MR. ROBAINA: It is what it is. The record is 

what it is. 

Q. BY MR. ROBAINA: Do you have a right under the 

dismissal policy -- or, implicitly under the dismissal 

policy, to unilaterally lower discipline? 

A. 

Q. 

A. 

Yes. 

Okay. Is it explicit in the policy or implicit? 

It's implicit in the policy. I believe it's 

implicit because it says that I have the right to amend 

something other than dismissal. Recommendation 

Q. Can you show me where you're referring to? 

I'm talking about in the dismissal policy 

which is at 3.15. 

33 

A. In 3.15-8 [sic], it says: "The Chancellor may 

adopt the hearing committee's recommendation 

regarding dismissal or make his/her own 

recommendation and forward the recommendation 

along with the summary of the evidence, a copy of 

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34 

the fact of findings and conclusions of law and 

final recommendation of the hearing committee to 

the Governing Board." 

Okay. So, under 3.15.8, you could have 

recommended something, some lower discipline to the 

Governing Board? 

A. 

Q. 

A. 

Q. 

Other than termination, yes. 

You could have recommended a suspension? 

Yes. 

Does the August 9th of 2013 letter from James 

Bowers to you that is on page 3 of Exhibit 3, accurately 

reflect the charges against Dr. Martinez that were 

reviewed in the hearing committee's hearing? 

please? 

Q. 

A. 

Q. 

A. 

Q. 

MR. UPPAL: Can we have the question read back, 

(Whereupon the record was read.) 

MR. UPPAL: Object as to form. 

BY MR. ROBAINA: Do you understand the question? 

Yes. Yes. 

The answer is "yes"? 

Yes. 

Okay. Let me give you what's been marked -- or, 

what I'd like to have marked as Exhibit 4. 

(Exhibit 4 was marked for identification.) 

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BY MR. ROBAINA: 

Q. Do you recognize this -- take your time and read 

this. 

A. 

Q. 

A. 

Q. 

A. 

I'm done. 

Okay. Do you recognize this document? 

Yes. 

And what is it? 

It's the finding of fact and representation from 

the hearing committee as to their determination. 

Q. I'd like to show you what I'd like to have marked 

as Exhibit 5. 

(Exhibit 5 was marked for identification.) 

BY MR. ROBAINA: 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Do you recognize that document? 

I need to look at it. 

Sure. Absolutely. 

I'm done. 

Do you know what that document is? 

Yes. 

What is it? 

It's the hearing committee's finding of facts, 

conclusions of law, and recommendation. 

Q. Okay. I'd like to show you what I'd like to have 

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(Exhibit 6 was marked for identification.) 

BY MR. ROBAINA: 

Q. If you would just please take a look at it and 

let me know when you've had a chance to review it. And 

you can review it again, you know, as we go through it. 

A. Okay. 

Q. 

A. 

Q. 

Do you recognize page 1 and 2 of this document? 

Yes. 

Or this exhibit, I'm sorry. 

All right. And what is this? 

36 

A. This is my transmittal letter to the Board Chair 

regarding my recommendation on the hearing committee's 

regarding dismissal of Dr. Martinez. 

Q. All right. And on page 1 of this on the second 

paragraph it references Section 3.15.3. Do you see that? 

A. 

Q. 

Yes. 

And 3.15.3 would be a reference to Exhibit 1, 

which is the Residential Faculty Policies from 2012-2013, 

correct? 

A. Yes. 

Q. All right. There are corresponding policies in 

Exhibit 2 for this which would be on page 24 of Exhibit 2 

at 3.13.3, correct? 

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Q. 

On page 24, 3.13.3, yes. 

The reason I'm -- I'm discussing it with you is 

just because I want to make sure that we're talking about 

-- because the times overlap a little bit in this case, 

and I just want to make sure we're talking about the same 

policy that you were talking about in Exhibit 6. So, you 

were referencing the 2012-2013 policy, correct, which is 

Exhibit 1? 

Correct. 

37 

A. 

Q. All right. Okay. And in this document, which is 

Exhibit 6, you on page 2, you accepted the written 

recommendation of the committee that Dr. Martinez not be 

dismissed, correct? 

A. Correct. 

Q. And you did not make any recommendation to the 

Governing Board that she be given any lesser discipline, 

correct? 

A. 

Q. 

Can you repeat the question? 

Yes. You did not give -- you did not make any 

recommendation to the Governing Board that Dr. Martinez be 

given a lesser discipline, correct? 

A. 

Q. 

I'm not understanding the question. 

In this letter dated February 10, 2014, which is 

Exhibit 6, you did not recommend to the governing board 

that Dr. Martinez be given a lesser discipline, lesser 

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than dismissal, correct? 

A. 

Q. 

Correct. 

All right. Now, the third page of Exhibit 6, do 

you recognize that document? 

A. 

Q. 

A. 

Yes. 

All right. And what is that? 

This is my recommendation and my notice of 

suspension that went to -- it was addressed to Dr. 

Martinez. 

38 

THE COURT REPORTER: I'm sorry, "It was addressed 

to"? 

THE WITNESS: Dr. Martinez. 

Q. BY MR. ROBAINA: All right. And do you see there 

in paragraph 1 of this document where it refers to 

Section 3.11 of the Residential Faculty Policies? 

A. 

Q. 

Yes. 

All right. Can you tell me which version of the 

Residential Faculty Policies you are referring to there, 

is it the 2012-2013, which is Exhibit 1, or is it 

2013-2014 Residential Faculty Policies, which are 

Exhibit 2? 

A. My February 10th letter is citing the suspension 

of a faculty member under 2013-2014. 

Q. Okay. Do you know why you went from -- to the 

2012 -- I'm sorry, to the 2013-2014 policies which are in 

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Q. 

Q. 

Number 2, right? 

Yes. 

MR. UPPAL: Page 53. 

THE WITNESS: Okay. 

Can you repeat your question? 

MR. ROBAINA: Yeah, can you read it back? 

(Whereupon the record was read.) 

THE WITNESS: Yes, sir. 

43 

BY MR. ROBAINA: Section 6.3.2 is identical to --

I'm sorry, let me start again. 

Section 6.3.2 in Exhibit 2 is identical to 

Section 3.11.2 in Exhibit 1, which is at page 19, correct? 

A. 3.11 point? 

Q. 

A. 

Q. 

2. 

Point 2. 

MR. UPPAL: We'll stipulate they're the same. 

MR. ROBAINA: Okay. 

BY MR. ROBAINA: Have you ever suspended other 

faculty members without pay under this policy 3.11? 

A. No. 

THE COURT REPORTER: I'm sorry, what was the 

answer? 

THE WITNESS: I said "no." 

Q. BY MR. ROBAINA: Did you know when you gave Dr. 

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This was written by the HR staff. 

Okay. But signed by you, correct? 

Correct. 

47 

Q. And are you familiar with the contents of this --

of this letter? 

A. 

Q. 

Yes. 

All right. In the second paragraph it says: "In 

teaching your Phoenix College mathematic 

students, you did not use textbook. Instead, you 

prepared your own course materials you called 

your, quote, 'lecture notes,' copied them on 

Phoenix College equipment and at college expense 

and distributed them to your students without 

charge." 

Where it says that she -- Dr. Martinez 

copied them on Phoenix College equipment and at college 

expense, is that suggesting some wrongdoing? 

A. The -- the suggestion of -- yes. 

Q. Okay. In the second paragraph -- and if you need 

to read it, please do and then let me know. 

A. 

Q. 

I'm done. 

On the last line it says: "The team, including 

your own appointee, unanimously concluded that 

your lecture note~ violated copyright and that 

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you failed to follow President Solley's 

direction." 

48 

Are you suggesting there -- or, is it being 

suggested there that Dr. Martinez violated copyright laws? 

A. Yes. 

Q. In the third paragraph -- never mind. 

On the second page of this February 10, 

2014, statement of charges, which is in Exhibit 6, second 

paragraph. If you want to take -- please take some time 

to review that. 

A. Is that the one that begins with: "An additional 

concern"? 

Q. 

A. 

Q. 

Yes, sir. 

I completed it. 

Is it being suggested there that Dr. Martinez --

is it being alleged there that Dr. Martinez violated MCCCD 

Administrative Regulation 1.12.2? 

A. Yes. 

Q. 

A. 

Q. 

And then would you look at the next paragraph? 

I've read it. 

All right. Is it being alleged there that Dr. 

Martinez violated MCCCD Administrative Regulation 1.12.3? 

A. 

Q. 

Yes. 

And then at the bottom of the page 2, it says: 

"Therefore for purposes of Section 3.13, this 

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I 

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CASE NAME: 

CASE NUMBER: 

ERRATA SHEET FOR THE TRANSCRIPT OF RUFUS GLASPER 

Cleopalria Martinez vs. Maricopa County Community College Dislrict, et al. 

CV 15'()1759 NVW 

DEPOSITION DATE: November 22, 2016 

DEPONENT: 

Line/Page 

p.14:3 

p. 21:11 

p.22:9 

p.22:11 

p.22:13 

p.23:16·19 

p.29:14 

p. 29: 16 

p.43:21 

p.48:5 

p.48:18 

p.48:23 

Rufus Glasper 

Now Reads 

A: Yes 

A: When you - when you link the terms 

"discipline" and "without pay, "thaI's 

consistent with your last statement. So 

the answer would be, yes. 

A: They can request a hearing. 

A: Before a group of their peers. 

A: Yes 

A: My understanding would be if that 

they did not agree with the suspension, 

then they could request that it go 10 the 

Vice Chancellor and then to me and 

then to the Governing Board. 

A: Yes 

A: Yes 

A: No. 

A: Yes 

A: Yes 

A: Yes 

CORRECTIONS: 

Should Read 

A: The 2012·2013 Residential Faculty Policies were in place at the time Dr. Martinez received her 

August 9, 20131etier regarding "Intent to dismiss you from employment." The 2013-2014 Residential 

Faculty Policies were in place at the time Dr. Martinez received her February 10, 20141eUer 

regarding "Notice of Suspension without Pay" (which was later updated on April 14, 2014). 

A: Disciplinary suspensions pursuant to 2012·2013 Residential Faculty Policy 3.13 and/or 2013-

2014 Residential Faculty Policy 3.11 could be with or without pay. 

A: They can request a meeting. 

A: Before the Vice Chancellor of Human Resources. 

A: No. The Vice Chancellor of Human Resources 

Reasons Therefore 

Clarification. 

Clarification; also clarified at 64:6-65:10. 

Misstatement; also clarified at 23:21·23:2. 

Misstatement; also clarified at 23:21·23:2. 

Misstatement; misunderstood; also 

clarified 23:21·23:2. 

A: My understanding would be W that they did not agree with the suspension, then they could Oarificalion; also clarified at 24:2CJ.26:20. 

request that it go to the Vice Chancellor and then to me and then 10 the Governing Board. But that 

doesn't mean that a susoended emplovee has a right to a hearing before the Governing Board. 

Rather, i.t is up to the Govemino Board whether the Governing Board wants to hear more about a 

suspensIOn. 

A: As the Chancellor, I had the right pursuant to the Residential Faculty Policies to unilaterally lower Clarification; also clarified at 33:10·34:9. 

discipline from termination to suspension. 

A: As the Chancellor, I had the right pursuant to the Residential Faculty Poicies to unilaterally lower 

discipline from termination to suspension. 

A: Yes. Scott Geddis. 

A: The language regarding copyright laws was inserted by our HR staff. My understanding is that 

the language was inserted as context regarding Plaintiff's insubordination. 

A: The language regarding Administrative Regulation 1.12.2 was inserted by our HR staff. My 

understanding is that the language was inserted as context regarding Plaintiff's insubordination. 

ClarifICation; also clanlied at 33:10'34:9. 

I didn't remember during deposition, but I 

suspended Scott Geddis without pay. 

r.a:coMri1ez04!XB04!Dl. 

Misunderstood the question; also clarified 

at 60:60:13-21. 

Misunderstood the question; also clarified 

at 60:22·62:17. 

A: The language regarding Administrative Regulation 1.12.3 was inserted by our HR staff. My Misunderstood the question; also clarified 

understanding is that the language was inserted as conlext regarding Plaintiff'S insubordination. at 60:22·62:17. 

Miller Certified Reporting, LLC 

PO Box 513, Ulchfield Park, P;z 85340 

623-975·7472 (P) 623-975-7462 (F) 

£~r-J~u:r 

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