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Stephen Montoya (#011791)

Montoya, Jimenez &Pastor, P.A.

3200 North Central Avenue, Suite 2550

Phoenix, Arizona 85012

602-256-6718 (telephone)

602-256-6667 (fax)

stephen@montoyalawgroup.com

Attorney for Cleopatria Martinez

BEFORE THE GOVERNING BOARD OF THE

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT

Maricopa County Community College

District,

v.

Cleopatria Martinez.

CLEOPATRIA MARTINETS

PROPOSED FINDINGS OF FACT,

CONCLUSIONS AND

RECOMMENDATIONS

Pursuant to the Hearing Committee's Order of November 18, 2013,

Professor Cleopatria Martinez submits the following Proposed Findings of Fact,

Conclusions and Recommendations:

FINDINGS OF FACT:

Factual Background

1. Cleopatria Martinez was born on April 21, 1948 in Las Vegas, New ~

Mexico and is sixty-five years-old.

2. Professor Martinez moved to Denver, Colorado as a child and ~

attended the Denver Public Schools.

3. Upon graduating from high school in 1966, Professor Martinez ~

attended the University of Denver on a scholarship.

4. Upon earning a baccalaureate degree in mathematics from the ~

MCCCD/Martinez 03827

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University of Denver in 1971, Professor Martinez taught mathematics

full-time in the Denver Public School system for approximately four

years.

5. Professor Martinez started teaching mathematics full-time at Denver

Community College in 1974.

6. While still teaching mathematics full-time for Denver Community

College, Professor Martinez enrolled in graduate school at the

University of Colorado at Boulder and was awarded a Masters of Arts

in Education in 1976.

7. While still teaching mathematics full-time for Denver Community

College, Professor Martinez enrolled in a doctoral program at the

University of Colorado at Boulder and was awarded a Ph.D in

Bilingual Mathematics Education in 1985.

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

Community College, Professor Martinez moved to Arizona and

started teaching mathematics full-time at Scottsdale Community

College on January 1, 1985.

9. Professor Martinez voluntarily transferred to Phoenix College in 1995

and has been teaching mathematics there full-time ever since.

10. Professor Martinez elected to voluntarily transfer to Phoenix College

because there were very few minority students attending Scottsdale

Community College, and she wanted to use her bilingual education

skills in the mathematics classroom to better educate the large

'2- MCCCD/Martinez 03828

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number of minority students attending Phoenix College.

11. Professor Martinez was elected by her colleagues to serve as the

Chairperson of the Mathematics Department of Phoenix College from

2002 to 2005.

12. Professor Martinez has devoted her entire professional life to

classroom teaching, and she continues to intensely love her

profession after over forty-years in the classroom.

Alleged Copvright Violations

13. During her twenty-eight years of teaching mathematics in the

MCCCD system, Professor Martinez testified that she and her

colleagues in the Mathematics Departments of both Scottsdale

Community College and Phoenix College have routinely borrowed

math problems from other mathematicians to use in their student

handouts for educational purposes on a not for profit basis.

14. Professor Martinez testified that this is a longstanding, widespread

custom throughout the District and academia at large.

15. No witness contradicted Professor Martinez's hearing testimony in

this regard.

16. Professor Martinez testified that she has read the Copyright Act of

1976 and believed that it authorized her to use small portions of other

scholars' work under the "Fair Use" doctrine because she was using

it only for classroom teaching purposes on a not for profit basis and

her use of the material did not undermine the potential market for the

-3- MCCCD/Martinez 03829

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 4 of 88
1 other scholar's work.

2 17. Under the "Fair Use" doctrine of the Copyright Act, the "use of a

3

copyrighted work ...for purposes such as criticism, comment, news

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5 reporting, teaching (including multiple copies for classroom use),

6 scholarship, or research, is not an infringement of copyright." 17

~ U.S.C. § 107 (emphasis added).

8

18. In January 2010, the Administration at Phoenix College contacted

9

10 Professor Martinez with concerns that some of her classroom

11 teaching materials might violate federal copyright laws.

12 1 g. No one ever accused Professor Martinez of violating copyright law

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before January 2010, although she has been teaching since 1971.

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20. The Administration's concerns focused on four sets of Professor 15

16 Martinez's lecture notes (see District Exhibit 6, parts 1-4) that

17 Professor Martinez copied for her students to use during class so

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they could concentrate on her classroom instruction instead of

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20 concentrating on taking notes in class.

21 21. Professor Martinez used three of the four packets of lecture notes in

22 the Spring of 2010 in two pre-calculus classes. See District Exhibit 6,

23

parts 1-3.

24

22. Two of the four packets of the lecture notes contained some

25

26 mathematics problems that Professor IVlartinez copied from a

27 mathematics textbook ("Precalculus" by Sullivan and Sullivan) that

28 she had assigned to her students in the previous semester (Math

-4' MCCCD/Martinez 0383(

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187, Fall 2009), but had not assigned to her students that particular

semester (Math 182, Spring 2010). See District Exhibit 6, parts 1-2.

23. The percentage of the material in the first two handouts that

Professor Martinez had copied from the Sullivan and Sullivan

Precalculus textbook consisted of less than .5 percent of the

textbook.

24. Professor Martinez used the third set of lecture notes in another one

of her mathematics classes ("Basic Arithmetic," Math 082) in the

Spring Semester of 2010. See District Exhibit 6, part 3.

25. The third set of lecture notes consisted of materials primarily

authored by Professor Martinez, with some of the math problems

obtained from her colleagues in the Mathematics Department at

Phoenix College.

26. According to the Administration's expert witness, Sean Garrison, the

third set of lecture notes appear to have 13 math problems copied

from two other math textbooks.

27. Professor Martinez did not copy any material for inclusion in the third 'I

set of lecture notes from a textbook, but (as noted above) obtained j

some of the math problems in the notes from a colleague in the ~

Mathematics Department.

28. Apparently 13 of the math problems out of approximately 1000 math ~

problems (just over 1.0%) were copied from two math textbooks.

29. The fourth set of lecture notes consisted exclusively of materials that ~

~5- MCCCD/Martinez 03831

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Professor Martinez had independently authored. See District Exhibit

6, part 4.

30. Professor Martinez had planned to use the fourth set of lecture notes

in the Fall Semester of 2010 (Math 187), but did not do so in light of

the Administration's concerns that the notes might contain

copyrighted materials.

31. The Administration's expert witness, Sean Garrison, did not conclude

that the fourth set of Professor Martinez's lecture notes violate

copyright law. See District Exhibit 6, p. 0002.

32. Professor Martinez has not used awn r of the four sets of lecture notes

since the Spring of 2010 when the Administration first raised its

concerns regarding the notes.

33e In fact, as noted above, Professor Martinez never used the fourth set

of lecture notes.

34. In the Spring of 2010, Professor Martinez sought guidance regarding

copyright requirements from her superiors at Phoenix College.

35. Professor Martinez's superiors directed her to confer with the librarian

of Phoenix College.

36. When Professor Martinez met with the librarian, the librarian told

Professor Martinez that Professor Martinez knew as much about

copyright law as she did.

37. Professor Martinez also sought guidance regarding copyright from

Margaret McConnell, a lawyer employed by MCCCD who does not

MCCCD/Martinez 0383:

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practice in the area of copyright law.

38. Ms. McConnell told Professor Martinez that she needed to use the

textbook of whatever author she was copying materials from in order

not to violate copyright law.

39. However—in contrast to Ms. McConnell—the Administration'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.

40, Accordingly, the legal guidance that Margaret McConnell provided

Professor Martinez was incorrect.

41. Professor Martinez also sought guidance regarding copyright

requirements from the District's General Legal Counsel, Lee Combs.

42. However, Mr. Combs refused to speak with Professor Martinez,

claiming that he represented the District, not Professor Martinez.

43. Professor Martinez also sought and obtained the written permission

of the publisher of the textbook, Sullivan & Sullivan's "Precalculus," to ~

copy materials from their book after the Administration accused her of ~

violating copyright law.

44. Because Professor Martinez was not able to obtain reliable guidance ~

regarding copyright compliance from the District, she sought advice ~

from a private intellectual property attorney regarding the issue, Mr. ~

Frederic Bellamy.

45. Mr. Bellamy is a graduate of Harvard College and Harvard Law

MCCCD/Martinez 03

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1 School and has been practicing in the area of intellectual property law

2 (including copyright) for over twenty-five years.

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46. Mr. Bellamy reviewed the first two sets of Professor Martinez's lecture

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5 notes and concluded that they did not violate copyright law because

g they fell under the "Fair Use" doctrine.

7 47. Mr. Bellamy based his conclusion that Professor Martinez did not

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violate copyright law on the fact that the portion of material that

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~ ~ Professor Martinez copied from the Sullivan &Sullivan Precalculus

11 textbook was very small, that she used the copied materials

12 exclusively for educational purposes without any profit motive, that

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the content of the copied material consisted of math problems that

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are largely not subject to copyright in the first place, and that the

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16 small portion of the textbook that Professor Martinez copied did not

1 ~ adversely impact the potential market for the textbook.

18

48. Mr. Bellamy did not charge Professor Martinez a fee for his services

19

20 because he thought the Administration's claim that Professor

21 Martinez was violating the federal copyright laws was extremely

22 unfair, in addition to being incorrect.

23

49. Another lawyer practicing in the area of intellectual property law,

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Sean Garrison, testified on behalf of the Administration. In contrast

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26 to Mr. Bellamy, Mr. Garrison testified at the hearing that the first three

27 sets of Professor Martinez's lecture notes violated copyright law.

28 50. Mr. Garrison did not testify that the fourth set of Professor Martinez's

'8- MCCCD/Martinez 0383

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lecture notes violated copyright law.

51. In contrast to his testimony at the hearing of November 18, 2013, in

his written report of April 19, 2013, Mr. Garrison concluded only that

the first three sets of Professor Martinez's lecture notes subjected the

District "to a serious risk of a copyright infringement claim." See

District Exhibit 6, p. 0002.

52. The Administration paid Mr. Garrison approximately $10,000.00 for

his opinions.

53. As soon as the Administration told Professor Martinez to stop using

the four sets of lecture notes in question, she complied with the order,

and she has not copied from other scholars' publications since the

Spring of 2010.

Allegations of Improper Monev Handling

54. The Administration also accused Professor Martinez of violating the

District's "cash handling" rules by agreeing to copy some course

materials for her students if the students reimbursed her for her outof-pocket copying costs.

55. Specifically, Professor Martinez decided to use one of her colleague's

course materials for one of her classes and obtained the colleague's

permission to do so.

56. The Mathematics Department of Phoenix College had already

preapproved the use of these materials in lieu of a formal textbook.

57. The Chairperson of the Mathematics Department of Phoenix College

'' 9 MCCCD/Martinez 03835

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agreed to copy the materials individually for Professor Martinez, but

not as a group.

58. The Administration does not claim that any of these materials violated

the copyright laws.

59. Professor Martinez made a copy of the materials available for her

students to copy at their own expense.

60. Professor Martinez also agreed to make copies of the materials for

her students herself at a nearby "Staples" office supply store as a

simple courtesy to her students if they reimbursed her for her out-ofpocket copying costs.

61. All of Professor Martinez's students elected to have Professor

Martinez make the copies and reimburse her for them.

62. Professor Martinez did not make any money in reference to making

the copies.

63. In fact, Professor Martinez actually lost about $25.00 in making the

copies for her students.

64. The Administration subsequently claimed that Professor Martinez

violated the District's "cash handling" policies by seeking

reimbursement for the copies and ordered her to pay her students the

amount they had previously reimbursed her.

65. Because Professor Martinez did not think that she had violated any,

District rule in reference to the copies, she declined to follow the

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

-10- MCCCD/Martinez

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66. At the hearing, none of the Administration's witnesses was able to

specify what District rule Professor Martinez had violated in reference

to the copies.

CONCLUSIONS AND RECOMMENDATIONS

67. The federal copyright laws are complex and can be confusing to both

lawyers and non-lawyers alike.

68. This conclusion is underscored by the hearing testimony of the

respective parties' expert witnesses, Sean Garrison and Frederic

Bellamy.

69. Mr. Garrison and Mr. Bellamy are both highly educated, highly

experienced and highly credible intellectual property lawyers.

70. Both Mr. Garrison and Mr. Bellamy testified at the hearing in good

faith.

71. Notwithstanding their education, their experience, and their good

faith, Mr. Bellamy and Mr. Garrison disagreed as to whether or not

Professor Martinez violated federal copyright law.

72. The Committee also notes that the holders of the underlying

copyrights did not make any claim of copyright violation against either

the District or Professor Martinez.

73. This Committee need not and does not conclude whether or not ~

Professor Martinez violated federal copyright law.

74. The Committee is not a court of law and cannot make conclusions

regarding copyright law.

MCCCD/Martinez 03837

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75. However, the Committee does conclude that Professor Martinez

copied the materials in question in good faith and sincerely believed

that she was not violating federal copyright law.

76. Professor Martinet's good faith belief that she was not violating

copyright law is supported by the express language of the Copyright

dct itself, which states that the "use of a copyrighted work ...for

purposes such as criticism, comment, news reporting, teaching

(including multiple copies for classroom use), scholarship, or

research, is not an infringement of copyright." 17 U.S.C. 107

(emphasis added).

77. Professor Martinet's good faith belief that she was not violating

copyright law is also supported by the hearing testimony of Frederic

Bellamy, who (as indicated above) credibly testified that Professor

Martinez did not violate the copyright laws under the "Fair Use"

doctrine.

78. Moreover, and in any event, Professor Martinez completely stopped

using the materials in question in the Spring of 2010 soon after the

Administration claimed that the materials violated federal copyright

aw.

79. There is no evidence that Professor Martinez used materials

allegedly in violation of federal copyright law after the Spring of 2010.

80. The Administration also claims that Professor Martinez violated its

cash handling rules by "selling" a package of course materials to her

-12- MCCCD/Martinez 03838

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students.

81. The evidence shows that Professor Martinez did not "sell" any

materials to her students.

82. To the contrary, Professor Martinez made a set of the materials

available to her students to copy at their own expense.

83. As a courtesy to her students, Professor Martinez also offered to

copy the materials at Staples if the students agreed to reimburse her

for her out-of-pocket copying expenses.

84. All of Professor Martinez's students elected to have Professor

Martinez copy the materials and reimburse her for them.

85. Professor Martinez did not make a profit in connection with copying

the materials and in fact lost approximately $25.00 of her own money

in reference to the copying.

86. The District has not alleged or proven that any of the materials that

Professor Martinez copied for her students at Staples violated the

copyright laws.

87. To the contrary, it was undisputed at the hearing that the materials in

question had already been approved by the Mathematics Department

of Phoenix College for classroom use in lieu of a textbook.

88. It was also undisputed that the chairperson of the Mathematics

Department at Phoenix College had agreed to copy the materials

section by section for Professor Martinez's classroom use.

89. It was also undisputed that the Administration had authorized

-13- MCCCD/Martinez 03839

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Professor Martinez to publish the materials on her website or at

another location on the Internet.

90. There is no District rule or regulation that prohibits a professor from

copying materials for students and being reimbursed by the student

for the copies.

91. It is undisputed that Professor Martinez only sought reimbursement

for making copies for students on a single occasion in 2012.

92. Although Professor Martinez did not obey an order from the

Administration to return the amount of money that she was

reimbursed for the copies, no District rule required her to do so.

93. Professor Martinez testified at the hearing without contradiction that

she would never engage in this behavior again.

94. Based upon the foregoing, the Committee concludes that Professor

Martinez has not engaged in conduct that would justify her

termination.

95. This conclusion is underscored by the fact that Professor Martinez

has taught in the District for twenty-eight years without prior incident

and the evidence was overwhelming that she has been a dedicated,

excellent teacher during this entire time period.

96. Any alleged mistakes that Professor Martinez made in reference to

the issue of either copyright or the District's cash handling rules were

made in good faith and were isolated.

97. The Committee accordingly recommends that Professor Martinez not'i

-14- MCCCD/Martinez

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be terminated and be returned to teaching in the classroom with all

deliberate speed.

Respectfully submitted this 27" t day of November 2013.

MONTOYA, JIMENEZ &PASTOR, P.A.

s/ Stephen Montoya

Stephen Montoya

3200 North Central Avenue, Suite 2550

Phoenix, Arizona 85012

Attorney for Plaintiff

-15- MCCCD/Martinez 03841

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1 hereby certify that on November 27, 2013, the foregoing document was sent via

email to:

Ernest Calderon

Ridenour Hienton &Lewis, PLLC

201 North Central Avenue, Suite 3300

Phoenix, Arizona 85004

ecalderonCc~rhlfirm.com

Counsel to the Hearing Committee

Taylor Bell

Ridenour Hienton &Lewis, PLLC

201 North Central Avenue, Suite 3300

Phoenix, Arizona 85004

fibPll<,a~rhlfirm.com

Counsel to the Hearing Committee

Dr. Keith J. Crudup

Keidz02681 Ca?mesacc.edu

Committee Chair

Dr. Nora Amavisca Reyes

Nora.revesCa>mesacc.edu

Hearing Committee

Dr. Carlos Caire

Carlos.caireCa~southmountaincc.edu

Hearing Committee

Pavneet Uppal

Fisher &Phillips,. LLP

201 East Washington Street, Suite 1450

Phoenix, Arizona 85004

pup~a_I~laborlawvers.com

Attorney for Maricopa County

Community College District

s/ Stephen Montoya

-16- MCCCD/Martinez 03

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 17 of 88
Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 18 of 88
DECLARATION OF RUFUS GLASPER

Rufus Glasper, being first duly sworn upon his oath, deposes and says:

1. I am over the age of eighteen and am competent to testify as to all the matters

set forth herein and would so testify if called upon to do so.

2. I have personal knowledge of the matters set forth herein. My personal

knowledge is based upon my observations and personal participation in the events

described below.

3. I am currently employed as the President and CEO of the League for

Innovation in the Community College (the "League"). Prior to my employment with the

League, I had worked for Maricopa County Community College District ("MCCCD") for

approximately 30 years. My most recent position with MCCCD was Chancellor, a position

I had held for more than ten years. In my role as Chancellor, I was the equivalent of the

chief executive officer for MCCCD and oversaw its ten community colleges in the Phoenix

metropolitan area, including Phoenix College.

4. On August 9, 2013, I received a letter from MCCCD Interim Vice Chancellor

for Human Resources James Bowers recommending the dismissal of Phoenix College

faculty member Dr. Cleopatria Martinez. A true and correct copy of the August 9, 2013

letter I received ftom Mr. Bowers is attached hereto as Exhibit A. Included with Mr>

Bowers' email was a detailed Statement of Charges outlining the grounds for Dro

Martinez's dismissal.

5. After reviewing the August 9, 2013 Statement of Charges, I concurred with

Mr. Bower's recommendation of dismissal. Accordingly, and in compliance with

MCCCD's Residential Faculty Policy Manual ("RFP Manual"), I prepared an August 9,

2013 letter to Dr. Martinez notifying her that Phoenix College President Dr. Anna Solley

and Mr. Bowers had recommended her dismissal and that I agreed with their

recommendation. A true and correct copy of my August 9, 2013 letter to Dr. Martinez is

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 19 of 88
attached hereto as Exhibit A. My letter also informed Dr. Martinez that she had the right

to request a dismissal hearing.

6. Dr. Martinez did, in fact, request a dismissal hearing which was held on

November 18, 2013. Following the hearing, the Hearing Committee issued Findings of

Fact and Conclusions of Law. A true and correct copy of the Hearing Committee's

Findings of Fact and Conclusions of Law are attached hereto as Exhibit B. In their

conclusions, the Hearing Committee found that Plaintiff engaged in "willful

insubordination" and that she "willfully and intentionally failed to follow instructions that

were communicated to her when she failed to issue refunds to students as directed by

President Solley." Despite Dr. Martinez's willful insubordination, the Hearing Committee

recommended against permanent separation of employment.

7. On or around January 23, 2014, I met with the Hearing Committee to inquire

about the basis of its conclusions. The Hearing Committee members explained to me that

because Plaintiff had been with the District far nearly 30 years, they were reluctant to

recommend her permanent separation from employment, but believed a disciplinary action

such as an unpaid suspension was appropriate.

8. In light of the Hearing Committee's recommendations, Tprepared arevised

February 10, 2014 Statement of Charges suspending Dr. Martinez from employment for

14 months. A true and correct copy of my February 10, 2014 Statement of Charges and

related correspondence is attached hereto as Exhibit C. The suspension was based on the

Hearing Committee's finding that Dr. had engaged in admitted "willful insubordination"

in "willfully and intentionally failing] to follow instructions that were communicated to

her when she failed to issue refunds to students as directed by President Solley." The

anticipated effective date of the suspension was March 1, 2014 through May l5, 2015.

9. To my knowledge, Dr. Martinez was notified of the suspension though her

counsel, Stephen Montoya, and Dr. Martinez was offered an opportunity to meet with Mr.

Bowers regarding her suspension. Although it was anticipated that Mr. Bowers would

Fa

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 20 of 88
meet with Dr. Martinez prior to March 1, 2014, Dr. Martinez asked that the meeting to be

moved to March 7, 2014. MCCCD accommodated Dr. Martinet's request and the meeting

between Dr. Martinez and Mr. Bowers took place on ox around March 7, 2014.

10. Following Mr. Bowers' meeting with Dr. Martinez, I issued a letter to Dr.

Martinez notifying her that 1 had revised the dates of her suspension from March 1, 2014

through May 15, 201 S to a new suspension date of April 15, 2014 through May 15, 2015.

A true and correct copy of my April 14, 2414 letter to Dr. Martinez is attached hereto as

Exhibit D. In my letter I further advised Dr. Martinez that her teaching responsibilities

and pay would resume for the fall semester of 2015.

11. To my knowledge, Dr. Martinez returned to her Mathematics faculty position

at Phoenix College in the fall of 2015.

I declare under penalty of perjury under the laws of the State of Texas that the

foregoing is true and correct.

Executed this 3rd day of March, 2017 in Austin, Texas.

R US GLAS R

3

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 21 of 88
Exhibit A

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 22 of 88
Case 2:15-cv-Q1759-NVW Document 14-2 Fled x.1/04/15 Page 1 of 4

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Phaenbc, AZ 6502Q

Re: Int~nk M d}~ml~s you ham your emgloyme~►t

U~ar I7r, Martlnaz;

Dr, Anna soiiey, Presider►t of phoenf~ Goil~a (PC) hie brwarci+ed ~ statement of charges to James

~owera, int~rlm Vice Chan~llar for Htyrtan Ft+ueourasa, Mr. ~owats his reviewed the charges; in

car~ult~tlan with the N1CCC~ I.,~al URfc'e, and r~cnmmar~led to ma that them a~stg prima fide

cause for your dismts~~i ftpm your pai~tNon as Mathemattas F~rcu~y ~t Phoantx Collage ~aee

attacf~d), f aonqur wRh hla reoamm~ndatlart. 7ne recomm~,nded effective cite of your involuntary

terminaHon is September 2~, 201 .

Marlcopa County Cnmmunity Colf~ge D1~tdct Admini~trative Rep~daHnn 8,7 at~atee that vinl~tfon of

~rry of its ~mploym~nt 8t~ndards "canstikutes grounds for dteciplinary cotton, up to end lncfudinp

iarminaiion of any Maricnpa Gounty Cammunily Coilega DigMc~ {MCCCQ) gmplayee as outitned by

the respreative policy manuel~",

~urauar~ to SeCNan x,15.3 of the RFP Panay Manual, you may invoke your r~ht to ~ heerin~ by

Bing e written request with I~te~rtm Vice Chanae~r James ~owwerJ within flue (tl) busPne~s d~yg

after being served with fhis naUee ~ infiant to dlaml~a you hom your ~mpiayme~k.

8lnagrely, !

Rufus Clasper, ph.D,, CPA

ChanceiEnr

Cc: MCCCC~ Gov~min~ ~o~rd

D~. Anna Sglf~y

Mr, Jim Bowers

EXM ITi ~ ~~""

Wit: .~ ~ - ~

RA7E:._~~.~.,~.Y..'_~..... /~ ,i

Angela F. Meter, RPR, CR

~x cat/egaa wrd ~rau aHRauler,r da~fmhd to stuAe~t suaaa.

Chandlar~Cllbed t EstroltaMauMatn 1 (i~1V~y I Ofende~a i Mesa ! P~red6eVelky 1 Phoenix

Rta Salado 1 SnatMdata t SauDh INout~tain 1 Metitx~p 9kq{ Cubsr 13outhWest SNNI Cotner

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 23 of 88
Case 2;15-cv-01759-NVW bocument ~.4»2 filed 11/04/x.5 Page 2 of Q

~~QOAdN1UH1TY ~~~ ~han~~llo;

G Q L. G ~ Q 8 8' ~ Human resources

2dt 1 W.14th Sheet„ iumpe, Arhmia Bb261~G942 •7 A80.731,8103 • ~ A80.781,Bi 2U • www.mancoaa.~xA:

August 9, 2013

Gleopatri~ Martinez

7Q3~ N. 21'~ Str~~t

P~oenlx, flZ 85Azn

RE; ~CrlptOyt118nt Stptlls

Ear br. Marklr~x:

You are being placed an paid ~cirninlstra#ive Jeav~ from August 12 through

September 2A, 201 ,pending the approval ~ your terminetlon. Boring

admini~trativ~ I~~va, tau will ramaln an employee of Maricopa Cowry r

Community Gotl~ge Distriak (MCCCD) end must Continue to observe III policies

regarding emp~lay~~ conduct.

nor ~~ ckura~pn of paki e~dm(nistr~tfve leaves, you should not rgpart to work nQr

do ypu need to ma1s,~ can~act with your supervisor. 4Jpnn approval otynwr

termination by the M~rfcapa Cpurtty Cornmuaf#y C~fle~as Gcwe~rning 8aerd, you

w~i be r~otHied regarding 1~ termination of your emplaym~nt status with

AAGCCCf.

yincar~fy,

~~a, a,~.

Interim Vice ChanG~ellor for Human Resources

ca: Dr. Anna Bpltey

~mptay~re i~ersanr~~l ~il~

Tcu cdlcAaw arul fu~u at111 mitlrrs rfr.~Hcptrd N atud~vit ~ucnm,

'.lpt~ler~ert ^ ~ F.~tre~iai t+loor~ln I tiaOeWtl~M I Cab 1 Mesa i Paradise VaMeY t Plmenoc

FSu Satmlo l ScaN.~ete 1 SouM MwaBeln 1 hfaricone 5kef G tr I SoWhYNaat SkW Canes

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 24 of 88
Case 2:15-Cv-01759-NVW Document 14-2 filed 7.1,!04/15 Page 3 of 4

~~

at n a i c a a a ~ ~C~ ~hanc~llar OOMMUNITY

G 0 L 4 ~i Q Ii 9~ ~I(11811 ~@S011CCBS

241,1 W,14th Street, Tempe, arimna eb~81~&942 ~ 1480.731.8109 • F A8tlJ31.812D • w~Yw,marfcepe,ed~

August 9, 2013

Dear C1r, Glaeper,

The fallowing ~taternent of ch~r~ea ~galn6t ter, Cteopatria M~'tinez was ionrvarded W me by [N.

Anne Soaey, Prealdent, Phaenhc Cdle~e. Purau~r~ W 3.95.1 of t11~ Residential Faculty pallcy

(~tFP}, i have reviewed the bher~ea, in eonsuttatlon with the MCCGD Legal Qftice, and

rerammend tQ you that them exlets prima iaaie cause tt~r the dtsmiasai of br. Cteopatria

Martinez,

~ttic~e

~m , J.C~,

i~tarim VIGe Ch~ncellpr for Wumen Re~wun~s

St~temen~ of Char~ea

» Vlataflan of Admtr~istrative Regulation 6.7.1 » "W'dfflal and Int~nC~onat viatatian afi any state

or fedewal Iaw, appncab~ ordinance, MCCGD C3nveming ward paticy, ar MCCCtJ

adminlstr~tive r~putatlon that a~Pt~ds the smptayea's abilityr to periarm hIs or her Job",

spedftcaliy:

o Vlolattprt of N4~CCD's cash handing rules as caver~ed by A~CCD Adrnictlstrathr~

Regulatkins 1,17

M Vlolaffon of Flesidentlal ~arulty Pol9cy Manuel x.2.4 -"A ~acuiry member shall not h,~ve

ar~y flnanc~d interest ~ or n~celve ~amperis~klon tram the a~la of any unpublished

tnahuc~fonat materRals ►~squtred or suggested b~ a class that the Faauriy member

teaches.•

• Vialatton af.U.9. Copyright Law and lair use guldepnes. end MCCGD Adminlstraily~

Regut~tiona 3.2.4 end 3.2,6 nagardin~ cxpYri~ht regulationo; .

3,2,4 Employees ire prohibited i~om aopylnq materials not ap~ciRcaily ,

allouvud by the (7) coPYri~M f ew, (2~ lair use ~uiicf~egne8~ (3)

Licensee nr ~ntraatual ~►~eem~nts~ nr (4) other permiasian.

x.2.6 The c~avaminp Board disapproves at unauthgrlxs~f duplication in

any term. ~mpiny~es wha v~i1H'uNy disregard this Board policy ~ndl~r

the afor~mentian~d aopyrl$ht ~uldellnea da $o at their own risk end

assume ail ilability far their ~ad~rtn.

~ A

ltrr crol7c~,rs n~M frcnf sk7ft cn~Ma Auilrnnca! fur;ludaip ~urAcs.

t' 1

Charafter(~i~bert 1 EStiell~ Mountelp i GateiNaY I C+kndal9 1118dA 1 i~xNS1~Va(!ey (I~menAt

Rk~ 5atpdo t Scattadalo I South Nbimtain I MErtcnp0 SkBI CenOat I SmdhlMest SkPo GanOer

b

i

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 25 of 88
Case 2:15~cv-01759-NVW Document 14-z Filed 1~./OA/15 Page 4 of 4

Vfotatiat of admi~iett~dv~ i~u~#icn 6.7~:~ -'RAt~t~ and intentlane! te~c+na M pert~rr►lab

duty tt~ert.twve flit bs~~► ca~nm~attcated~tb: ~a ~n e~tpkiye~d aRcG,~re v~tldrl the a . fayes'a

~aoop~o a#'~employfnent~~~~ ,fit► ~r~e+~ted; t~ f~~talk►w.h~uatforis ~~

p~tin~tcx~py~ of G1rr :ma~rt~t~ lure ~b upa.ar~y ap~ave~ ~ari~e mom,

ur~a(attWt~Ad ca~art~'eSll~ +,oaf' Ct~caB tt~6~ter~1184 l8tll~'8 b ~Ai~ibGFeB ~:flx' CIA

ma ts.yaa Wrdn , ny ct~ar~d them fats: grid f~ure t~ met the deadliri~.to prpvtd~

caPie~s t~' ~ui~r nalmb~}emd~t aherla►'ta`slta~fe~.

BM~11'{rrlelirl~;

• J~nuery 2Q1Q » Goll~ge Vice.Wresfdersts Rnnnfe ~Iilc~t, Paul QeFtose and Caa~andra

K~icar, elonQ with Mag~lO MaConnall; Aasistani Oen~ra! Counsel, rev(ewed the

requlremerrts at AFB ~.2 with you a~ length.

~ Apri12, 2010-•Anne Selby, I~ItoB►ilac ~olle~i F~tasldertt, n~ttfled you that your copying

pri+Ale~as ~k 1h~ Phoenix C411~e.1lfgN Ct#py C;~fRer were suspended.

• Sp~9ng 201 q »Art Ac~rti~~ ~vs~lc~~o~i'.wa~lhlf#~ed based on Mr. Jo+~ Sueypahf`s

complatM. qy agr~ment, the ~v~lu~tbi~f Taant dtd; tKtt undertake ita ta9k umii the 1'atf

semeeMr. The flndhags atld`reCor~I~tlshCF~HOtiS'yyel~ ~tlbmittrd to Dro 5ofi4Y on

November ? 7, 2010. '1'fie overall findings included:

a CapysigtrE;~rxd p~iglar~m: I~r: btl~tbines~ was noNN+ad En wrftinp and In meetings of

MCG`Cq'q altc! f~h'oe►~t' Col e's c~.ar►o4i~ts. r~tir~ her course materials

vial cad ht, fair tie; ~n~l; m le~si.

a 1neu6Qrclbt~ri'.~ Ck. l~eit",tti~ fi~~ i~IIOW'i)1: ~opey'a and MCC~GD'a Legal

Cnur►ge!'~ dlrer~ive~ ~ epeciCfc~iry, she repeatedly requested copies, copied end

printed un~uthoriz~d m~terlals,

~ beadmb~r 9, 201tl w qr, Salfey adminis#erect an tntt~l Corr~ective Acttan to ynu 4a~

Insubar~in~tlon ~r►~ taitur~ to follow In~trucNone regarding pdr~tir~ of copying M

UCIa~hOf~X6C~.f11fd~191~8~t4~

• .AugiWst 21~~23; x0,t~ ~ Ydu bold ~rour MAT Q91 and MAT 961 stud~rtte not to buy the

approved fsid~tt~~Yau lhcbed:o~r #Pre aytlabua, fngtead~ You made captes of a ac►llfeggue's

mat~rkitg ~Ytd sold them b4~ ;~l~' students for X11 each.

• Qctaki~r t8; ~i~ «~ A 3eoAnci Carrectiv+~ Aotldn tnr InBubordinallon artd unaWhortzed

capYing and ~a10 01 course' ma~flrlals vVtte~`~htlrital~e~ted to you by Dr. $alley. Included ~

tfia cnrrect(ve notion w~ itie ~i~lo dtt~k~tk6f: "~oaus~ you imposed aharg~a an

your students withcwt auRho~ty. ~nn'do ao„ ycatit hsltia th+9,.ce~anslbllfty to rnimburae the

~tucle~i 1~t your overt tund~:~ Y~~re h~`ef~► d1► letd ta. da sa by personal chick,

I~{I"1.H'~11~}Cl~gtbly iltld C~4 lNt~ ~ ~1 YIl~1O E181l~ yqU 8r9 f9It11btIC8@f~.~

• Jadnu~uy. 7 9 ~A1~3 -~ i 1ps~► kli~vetit~ thatitl ~dent~,Vut1n Naught your un~uthnrixed

corar~e f►a~iter4al~ Era l~~t tube r3ltritbt~'~id~. ~Y~a l(sk~i' direde~ ynu, via ~malV, to

proviGle~tier'~ by J~nu~►1$, 2019, wl~i tro►n und~dc c:opl~ oT a!i a~shad personal

J~ttu r. iB; ~q~t~ » Ycw~ d'tts ph4ti►ic~~ Cal'. Kaker-w~h cx~~lea of any relmburaemant

di~i8 ~tld,rtogteCkedta,Cc~taot h'~*r,~ge~ttt~+xtp►~elf J►au gNil owe the etudar~ts.

• ~~ru~jry• ~4,'~~F3 ~» A etui ; h~^nad M this 'i t m~ler~s which you felt in roam

~'f0. w'i~ottiy a rt; M~4h ttc;~ ~oufty~ hay preVinug~y tnkl you that you da not

hmra: p~rnritegtori ~ use Pita ~iieci~t+► a~afn,

E

i

S

i

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 26 of 88
Exhibit B

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 27 of 88
Case 2:15-cv-01759-NVW Document 14-1 Filed 11/04/15 Page 1 of 8

L...._._

~~S'OR~'T'X-iE aOVERNINC3 BOARD OF THE

IvIARIC01'A COUNTY COMMUNITY CQL,~.BGE DISTRICT

MARICOAA COUN'T'Y CQMMUNIT'Y )

COLLEGE DISTRICT, ) I~IBARINC} COMt12t`TTHB

v, , ; ) FINDINGS OF+~ACT, CONC'LUSIaNSQF LAW, AND RECOMM~NDATIQN

DR, CLEOPATRIA MA~2'I'INE~ ~ )

Pursuant to the October 16; 2U13 Scheduling Urder, hiving rBviewed all of tho partlas'

pleadings. and. ~xdilbits sand conducting ~. hearing an Nouember l B, 2013, the Xl'earing Committee

' (by m~jor~ty Vote} hexeby aubrnits the following findings of Fact, Con4lusioh~ of ~,aw and .

lteaorninendatian. '

T'[NDIIVGS 0.~' ~';4GT

i

1. Aft;~r haying taught mathemnacs ful[-time for tsn years at Denver Commututy j

Callsge, Dry G'~eo~tatr3alvlarttciez rnQ'ved tv Ar(zon,~ and sfarted teaoliiug mathranattus full-tlmq~at. ". ; ;~ ~ ~ ..

Soottsdate Coirimunity CoI legc an January 1, l 985. . , ~ . ", ,;, ,,,,.: ~ . ,, ., ~ ,. ; ,. ~ 

~

2. Dr, 'Martinez valuntarily n~ansfsxred to Phoenix College ("PC") in 1995 and has I

been. teachrtig mathematics thero full=time ever since, ~ (~

.. ~

3. Dr. Nfartiuoa elcatcd to volunfarily transfer to PC because there ware vetZ!` few ~ •,; '~

minority studoats atCending•Scdttsd~le Community Collega, azad aha vsrantod to use het bilingual y

education skills in the mathematics classroom to batter educate the Large number of .minority ~ 1

students attending PC: E .

4. Dr. Martinez• was elected ~y her oolteagues to s~rvs as the Cha9rperson of [he

Mathematics D~partmont of PG from 2002 to 2g05. ~

i

5, In early 201Q, PC discavezed tt►~t Ax. Cl~opatria~ Martinez may have exposed ~ ~ -

MGC~D to potez~tiai liability for copyright iinfiYagemeat.

6. Dr. Mardnex testified that, during hertwenty-eight years of teaohirig mathemaiic~

in the MCCCD system, she and her colleagues in the Mathennat~cs Departments of both

Scottsdale Community College and P~ routinely 6~crowed mathema4cs pxablerns 6rom ether

mxthematIoiaas kn use in their student handouts for edaoattonal purposes on a not for profit basis.

7. br. Martinez tcatlfied, without rebuttal, that this borrowing of ma~hamadcs

problems is a Longstanding, widespread at~stom throughout the Disirtet at~d acedejnia at large.

S. Instead of res~uiring her mathematics students to purchase textbooks, Cdr. IvlarkEuez

prepared her own course mstertals which sbe ca11aQ her "Lecttrra Notes" and distributed them to

4Q8881 -1-

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 28 of 88
Case 2:15-cwQ1759-NVW Document 14-1 filed ~1/Q4/15 Page 2 of 8

,, • ~ ~ ,~

;~ ~.

her students. MCCCX7 Exhibit Gist # 4-S (Martitzex,napo., pp, 77:17-78;15, 106:16-108:16,. ~;

121:25-140;13,132:16-137:25),

1~ ~ 9. Dr. Martinez read the Copyright Aot of 1976 end believed that it authnrfzed her t4

~I use small portions of other scholars' vvosk under the "Fair Use" daotrine because she was using it

~ only fox classroom teaching purposes an a not for profit basis and her use of the material did not {

s undernun~ the patenttal market for the other soholar's work. `.

1 Q. Par the Pair Usc dnatrine of the Copyright Aot, the `use of a copyrighted work .

, for ~urposrs such es criticism, comment, news reporting, teaching (including multiple copies

for classroom; use), schalership, or research, is not an infringement of copyright" 17 [I,S,C. §

t0'1.

11. ~7r. Martinez oop#~d problems from copyright protected textbooks aad inserted ~

them Into hcr'course rnaterlals. MCCCD exhibit List l~ 4.5 (Martinez Depo., pp, 106:1b- ~

10$:1,x. ~ ~

i

j 12. Dr. M~rti~,e~, in her. Bas{C Aiithmetio (MAT0~2) courses Copied problettxs directly

#~oxn a copyrighted textbook entitled "Basic Mathematios" artd inserted .ihom into~hor "MA.~' 082 i'

Basic Arithmetic. Springy 201 U" course materials which she distrtbutsd tv students, MCGCq ~'

~acl~iblt LIst # 20 (Full-Sized Excerpted .Comparison). She did not seek or. obtain .permfss{on ~'

. ~• '~

'~~~:,

fzam the oopy'right;hol~3ar.. ~ : ~ , , ~ . ,~ . , ~'

13. Dr. Martinez Elsa copied probtems'~ a~~~~i~ nom - ~ su~~~~~ &~ Sullivan

t "Precalculus" taxtboolr and inserted them into het `~MATI~82 Trigonomehy Spring 2010" course x

materials. MCC~D ~xhtbit List # 22 (Full-sized excerpted Comparison). Shd dId not seek oe

t ~ obtain parrnission from the eopyright holder. -

14, Dr. Martinez did not require her student's to purchase textbooks in her Sp~#ng

MAT082 Course, MCCCD E}cNibit LIst~# I8 (email from Dr. Mttrtinaz stating "I lnd3cated in my

syllabixs that, instead of a pubL{shed taxtbonk, i was using lecture notes in my MAT482 class: '}

I3. Dr. Marttnoz did nqt requite her• students to purchase teictbooks in her Sprin~

MAxl82 Course, des Dr. Martinet's hearing testimony (conceding that students were not

required to purchase a textbook in her Spring 201 Q MAZ'182 course),

16, On or around January 12, 2010, MCCCD's Vlcc President of Academic Services, •`-

Rennie Elliot, sent Dr, Mactinea an email notifying hex that there were at(oget! copyright related '`'' .

problt~rns with the materials shc'had printed #br the Pall 2009 and Spring 2010 semestara.

MC~CD Exhibit~L,fsC # 23 (January ]2, 2030 email), The rnateriale In question were packets o~

course tr~~icrinls fcix Dr. Martinet's MAT182 ~ctd MAT187 courses arAd contained~.mathamatics

pzabinms and graphs that were taken from copyrighted textbooks. MCCCll Exhibit List # 1.1 ',

i , (Ttoxutie Blltat I7eclaradon, ¶¶8-9); MCCGD Eaehibit Lisi # 16 (MAT182 course pseket);

~ M~CCD ~xhiblt Llsf# 7 (Sean Garrison October 28, 2010 Memaratidum).

l7. Dr, Martinez used three of the. four packets of "lecture notes" in the Spring aF

2010 iq two pre-oalculus classes. See District 6~chiliit 6, parts 1-3.

406861 -2- +'

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 29 of 88
Case 2.15-cv-01759-NVW Document 14-1 f=iled 11/04/15 Page 3 of 8

.I ~ ~ ~.-- ~--

~.

~~ 18, The M~CCD adnninistration, fallowing Vine President Elliat's email, repeatedly

explained its copyr~~bt concerns to Dr, Martinez and asked Dr. Martinez to remava any

j copyright protected mathem~tias problarns from her materials. See Kakar Resting Testimony,

~ 19. Qn January 26, 201p, Vice President EI~iot sent Dr. Martinez ast email outlining

MCCCD's oancarns regarding Dr. Martivaz's potential copyright infringement MCCCD

. exhibit List # 24 (January ~6, 2.0 ~ 0 email).

20. On January 28, 20Zp, MCCCD in~house•couasel Margaz~# McConnell disoussed

aopyrJght anrnpliance with Dr. Martinez telept~oni¢aliy. 141CCCD Exhibit List ~k 25 (January 28,

Zp20 email).

2I. Dx. Martinez did nat benefit from the multiple MCCCD Copyright in~ormatinn

sessions noted abgve.

2x. ~ T~~C~a pwn e~cpert witness, :Scan 0~~'risop, testif'i~d that under tt~o "Fair Use" . ,

do~ctrine, someone cnu]d lAwfully copy from a copyrighted textbook without either using or

purchasing the t~xtbaok.

23, • • . On, ~abruary S, 2p 10, ~ Vioe, .~resid~~S ' ~~' Academia Affairs Casandres Kalcar,.

interim 'Vtoe President of ,Administmdve Satrvlcas Paul DaRase~ and Dr, Martinez mat to dianuss

Dr. Martinez~'s alleged, misuse o~ aopyrlghted. materials, ,, MCC~p exhibit List # 26 (~ebntscyr. ,.., . ..

12; 2d 10 en~ait);. ~ ,.

24, Dr. Mar~ine~ hue not used `any of the four sets of "Iecnure, notes" since the Spcln~

of 2014 when PC Eater raised its concerns xeg~rda~g, the notes,

25:~ „• Qn..~pril;.l5, 201Q, PCI C,ibrar3an Ann Roselle conducted.~.pecsonalized;ana-on- ,., ,. ..

one copyright ;trnining session with Dr: Nfartinez. Ivl'CCCl~ Exhibit L{st # 28 (Copyright

PnwerPoint Presentation). S'ec also, K~tear Heating Testim~n~+. , .

26: 'When ~7r. Mnrtinex met with the librarian, the librt~rian told Dr. 'Martinez that Dr.

M~rttnex Rutevv as much aba~ut copyright law as she did. See Mariinnz Hearing Testimony.

27. ~ol[owing the revocetlon of Dr. Marttnez's copyiClg privileges, Dr. Marttnaz was

required to submit bar ao~y requests to Mathematlas Department Chairperson Mx, Suoyoshl sa .

that Mr. Sueyoshi could raview~her materials far passible copyright violations prior to copying

end distribution to students Sv1CCCD Exhibit Lisa # 8 (Apri12, 2010 Dfrectiv~).

2~, Dr. Martjne~ sought and obtained a form of written permission flrom the publisher

of the textbook, Sullivan Bt Sullivan's" cel mss," to copy materials from their book after PC

ac6uscd her of violating oopyri~ht law.

29. On ox around Apcil 19, 2U10, br: Martinez attempted to bypass the oapying

restrictions by. tunving an adjunct mathematics t'rofessor~ .Fnh~u►y Santellen, make 24 sets of

t' copIos of her "Lecture Notes" for distribution to her mathematics students without obtaining

prior approv~I from the Mathemat9cs Department Chairperson, MCCCD Exhibit X~ist # 12

(Sueyoshi Deol„ ¶9); IvSCCCD Exhibit Gist # 45 (Martinez Dspo., pp. 223;1 ~-224:21).

aaeas~ ~ - -3~

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 30 of 88
Case 2.15-cv-01759-NVW Document 1,~4-1 Filed 11/04/15 Page 4 of 8

4 ~ ,

30. Bocause fir, Marttnex did not feel she was -able •to obtain ielisble guidance

regarding copyright campl3ance from the District, she sought adr~fcc from a private intetlectuat

property sttnrney rsgairding tha issue, Mr. ~rederie Bellamy.

31, Mr, Heltamy reviewed the i~rst two seta of Dr. Martinet's "lecture notes'" and

concluded that they did not violate copyright la~v because they fill under the "~'a~r Use" doctrine.

32. Mr. ~e4lamy based his conclusion that Dr. Martinez did not violate copyright law }

ap the opinion that the p4rtian of material that Dr. Martinez copied from the Sullivan &Sullivan ~

Precalculus textbook wgs very small, that she usgct the eopi'ed materials exaluaively for j

educational purpoess without any profit motive, that the content of the abpi~d material eunsist~ad

of mathomatias problems, tk~at are arguably not subject to copyright in the Furst place, and. that the

sma11 portion of the textbook that Dr, Martiaox copied did not .adversely impact the potential t

market for the toxtboak. i

33. At the hearing, another lawyer praaticinp~ in the area of Intellectual property law,

Sian Garrison, tegNfied on behalf of PC. In oontrast to Mr, Bellamy, Mr. ~arclson testified at khe {

" . ~ hewing that tfie fir~~ three sets of fir. Maztinez's lecture notes vinlated copyri~lit law,

' 34. ~ ° In contrast to his tasdmony at the hooting of November ~$, 2Qf3, in h3s.writtan ~~,

t report Mr. Garrison concluded only that the f4rst three seta. of Ar. Martinet's igcture notes

subjected t}~e District `.`to a seridus risk of a•copyrtght infiingerrxent claim" See District~~ach~6it~; ,,~ ~ ~. ~ ~;

~ 3S. MCCCD invited Dr. Martinez to a dopyrigkit warksttop that ryas held nn.Marah 1, ~ ~

2Q 10 at PC, Ar. Martinez chose eat to attend the workshop. MCCCD Exhibit LIst 1# 10: (Sollcy

~~ 36. PC President Anna Salley, on Decombsr 9, 201U, cAncluded that Dr. Martinet's

alleged misconduct posed an unaceeptsbia legal risk of a copyrip~ht 3n&ingement olaim and. ~

iinpased r~stzicdons on Dr. Martinet's photocopying privileges. MCCCD Exhibit ~.ist # 10 - ~ ~

(Soliey Decl., x(12}. 1 . r

'. 37. MCCCI~ sought tt legal npizuon from an outside copyright expa~t, attorney Sean. I

aarrl~un. MCCCD Exhibit List t~ 1D (SoUey Decl., ¶ 14); MCCCU t3xI~►ibit List # 7 (Sean

Garrison Octoher 28, 2020 Memn). '

3~. Accozd{ng to Mx. Ciarrlson, the third set of "le:cture notes" appeared to have 13

mathematics problems copied from two other mathemat{cs textbAoks,

39. Mr. C3arrison cesti~ied that he was aartain that- Dr. Martir~esx has committed

copyright infringement. See Qarrison H~aring Testimony, In reaching this conclusion, Mr. '

Qarrison xevlewed thousands of pAges of matoriats including nearly 300 pages oP Ih. Martinet's

lecture notes and three separate capyrighEad mathematics ~taxtbooks. MCCCD Exhibit Gist # 6

(Sean datrasnn April 19, 2Q 13 Itepart); see also C3arrisan Hearing Testimony,

40. Tn .reliance upon Mr. Garrfsoa's recommondations, PC president Anna Soltey

issaed s December 9, 2Q1U dirrrtiva that arnposed further restrictions ott Dr, Martinet's copying

aoe681 ~ -~- ~ .

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 31 of 88
Case 2:~5-cv-01759-NVW Document 14-1 Filed 11/04/15 Page 5 ~f 8

'.

~ _ ~___.

privileges, MCC~CD Fachibit List # 9 (Decembor 9, 2010 biractiva), MCCCU exhibit List # 10

. (Solley Ueci,, qIS}.

4i, 'I~e Docamber 9, ~01Q Directive prohibited Dr: Martinez frown utitlzing any

course matc~rtals of her own Croatian, MCGCD Exhibit List # 9 (llecomber 9, 2010 Airecave).

Instead, Dr. Martin~ex was required to o~zly use Bourse materials that axe "apgxnved by the

rnathema~les dopardment" ox that are "availabla~{n the bookstore for sate to students and that era

authored by persona utters than [Dr. Martinez]:' MCCCD E3xhlbit Lint ~l 9 {Deoembex 9, 2010

~ ~ I7ireeNr+e)..

42. The December 9, 201D Direcdr+e furthdr .required br. Mart~nex to submit tear

photocopy requasts to the Mnthertistics Department chair for hls approval. MCCCD ~x~ibif

,~ ~ fist # 9 (Deoembcr 9, 2010 Directive).

~~~ ,

x

V

43. Despite 1VtCCCD's frequent disau9sians 'with Dr. Martinez regarding the

irnpaztar►ce o~ complying with copyright laws and the A~eember 9, 201b DireaHvn, Dr,: Martinez

continued to attempt to ignara the dixect(ve. See ~Cakar Hearing Tastitnony.

j

44. At the beginning of the Fat12012 sornaster (on or about August 21~23~ 2d 12), Dr. r

MwKinez infoxmed hQr ~tudants thaC they were not zequ~red'to purchase s course textboplc a nd ~ , ~ ~ ~

that she would provide them with her own course ma4eriats in lieu of a textbook, MCCCD ~

Exhibit ~I,ist # 4-S~~(~Nlactlnez •Dep~.; PA.~:232:19-233:2~,~ ~ .. ~ ~ ~ . ~: F:~ ;4~ ,~ . ~ , .,!., ~ t,~ ~ ,..

~i5. ~ in fall.. o~ 2Q~2, JJr. Martinez sought to h~v~ her [ncture notes phdtocopi~d .nfE t

campus at a nearby Staplts storo. This praaticv is inconsistent with the December• 9; 2010 ~ ~'

Directive. MCCCD exhibit T.~ast # 9 (bec~mber 9; 2010 Di:tective); MCCCU ~xhibtt List # 4.5 i

(Martinez DeFso•, Pp.232:19-233:21).

.... . ,

46. . ' pr, Martinez did not submtcher Fact 201 ~ matartale bn ltilathomatics Deparhnent ~.

Chairperson Mr. •Sueyoshi~ for approval MCCCp Bxhibit List # 4-5 (Martinez Depn., pp:

232:19-233:21).

47. Dr: M$rElnsz made copies of her Bourse materials at as afF campus Stapt~s~store

and distributed thew to student's For $l l per copy. i~'ICCCD Hxhibit List # 4-S (ivlartinez Depo.,

Pp. 232:~9~233:21). ~ .

A8, The $I1 course meted~l few was paid directly to Dr. Mnrtinez by students.

MCCCD Exhibit LisE # 4-5 (Martinez Depu., pp. 232:19293:21). ,

49, PC accused Dr. Mxrtinea of violating the bistrict's "cash handling" rules by

distributing these Bourse materials to her students if the students reimbursed her for her our-nfpockotcopying casts.

50. PC subsequs~nciy claimed that Dr. Martic~z violated the DistrlcYs "cash liandl3ng"

policies by seeking reimbursement For the copies.

S1. IVICCCD's policies prohibit instructors fracn baying "any f{nancial interest in oc

recelv[3ng] compansatIon frog,. the sale of any unpublished instructional materials requirod or

h09881 -~-

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 32 of 88
Cass 2:15-cv-01759-NVW Document 14-1 Filed x.1/04/15 Page 6 of 8

,, ~ i ^ t

~` suggested far a class that the instructor teaches." MCCCD Exhibit I,xst f# 41(ResidenGal Faculty

Policies; 3.2.4j.J.

S2, Dr, Msrlinex failed to follow tho pcntaool set Earth ~n the December 9, 2010

Direcdrre in copying hex Pa112012 course materials. MCCCD Lxh(Mt List # 9 (December 9,

2010 Airective}; MCCCD ~hibit ~,ist # 4-5 (Martinez Dapo,, pp. 232c19-233:21).

53, Dr, Marttnex distributed aaurse materiels directly to studeat~ in her Fall 20~~

MAT15l class, MCCCD exhibit List # 4S (Martinez Dapa. pp.232:19-233:21). ~ '

~4. Tt~e MCCCD .A.dministrat'ron learned of Dr, Mertinez's uneuthnrized distribution

of course materiaEs to students aRer tine of Dr, iVJartlnez's MA'F151 students complained ta,

Methemaiics Department chairperson Mr. Saeyoshi. The student complained that Dr. Martln~z

refused to provide her with r~ receipt for the purahascd course matez~ais. Soe ~atrbr Hearing

TC9~IIk10I]~.

S5. ~'. Upon laitrnrning that 17r. Murtinea bad distxibuted course mat~rial9. to students ,

• ulfegcdty, irr vtcslatian of IVICCCQ's cash handling policy, Preside~at`SQlley instructed M$ttinez to

Imn~ediat~ly~isettexetlmds to tier studon~ Via personal creak. MCCCD Exhibit ~,Ist~# 3 (4otober:

• ` :t~; 2012•Court~cling T~toliae); see also Dakar ~oaring'Festtmony.' ~. ~.

^~. ,. ' ' . ' 5.6: Un. or~ aropind Octoboir, l$,.201,Z,::P:re~idapt:Soll~y, and~.I7f, IZa;1~aC;.rnet with. Dr..

~' ~~ .: ~ ~ Martinez to explain the eeziousnrss of Dt: Mardnei's ~alle~;ed oash~ handling viiola~ion., lvICCC,D

gx~iibit ~,i~t #'3 ~(Octobex t 8, 2012 ~ouaseliag No~Eic,~); see elect Dakar• T~Ie:~r{ng.Tastim~n~. Tn'

addition,; Presidont• Solt~y and Dr. tCaksr prapured's rVritten aounsaling memo dated pctob~r~ 18

2Q ~ O~ fqr fit.• Martinez regarding her alleged violaiian~ oP cash handling ivles. Dr; Martinez was

. prorrided tivith a cope of the OctoUec~ 18, 2U10 cv~s4ling notice and President Sollsy, proceeded

to 'explain ~ta I~r. Martinez the serlot~siteas oP~tl ~ a1leg~d bash ~~andl~~ viglatinz~s and •the

• requirement that Llr. Mnrti~sez issue relmbiusaman~s to her stude~Cs, IvlCCCT~ Exhibit List•# 3

(0'etaber 1 B, 201x Counseling Notre); sao'alsd Kal(ar Hearing Test~mdny: ' '

57. Several months later, on or around January 9, 2013 Dr. Kakar let►i~nned that most

(if riot all) students had got yet received refunds from the Dr, Martinez. MCCCD •~xhlbit Last #

~~ 3~1(various ama~ils regac'cling atudent rePtitids). iAs a iresult, Dr. Kakar inshucted Tyr, Marcine~ to

provide copies of refund checks by Jgttuury 18, 2013, MCCCD ~xk~bit X:.ist # 39 (vat`ious emails

regarding swdent refunds).

58: Dr. Marti~zex failed to produce asingle- refund check by tho. ranuary l B, 2013

deadline. MCCCD fixhlbtt List # 39 ('various email regarding. student reftmd's).

S9. Dr. Martinez dId not thick that she had violated any Dish9at cvle in rafereneo to

tho copies. Therefore, she declined t~ fallow the be~cembsr 9, 2b10 order because she believed

she was not requited to do so under any A1sUcict rule.

60. At the Narrember '18, 2013 heari~ag, Dr. Martinez did.not provide oily explar~at9on

for her ref}~sa1 to comply with thv October ,IS, 2Q12 and January 9, 2013 directives b issuo

refunds to her students. Sea MArtInex Hearing Testimony.

\ aaesa~ ~ ,6-~

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 33 of 88
Case 2:15-cv-Q1759-NVW Document 14-1 Filed 11/04/15 Page 7 of 8

r

,: ,

,~+ 6l. At the hearing Dr. Martinez testified that she had made a "mistake" and, in

retrospect, should havo complied with President Sollcy's insdvctinns~ See Martinez T~earIag

1 Testimony,

62. On or around August 9, 2Qa3, MCCCD Chancellor Rufus C~}lasper sent Dr,

~ Mai~tinai tt letter informing her ~hst MCCCD way proceeding with tarmiriaHon proceedings. ,

Included with this letter was a statement af.charges that sununarized the particular v o[adons Dt,

• Martin~ex had been. Ghargcd with (hereinafter referred' to as "Statement of Charges:'} MCCCD

exhibit List # 1(Statement of Charges}.

CONC 'UNIONS '.

53. PC failed to parry its ,burden of groof' relating to vfolatlon o~ MCCCD's dash

handling rules found tin MCCC;C7 Adrninistrativa Re@,ulations 1.17, violation of Ltes~denti~l

Yoticy Manual ~.?.4 (rotating W ~nanctal interests in unpu~llshad mate~t~lsj~ violation of U.S.

Capyiright Lew and fair use gufdetine~. end violation of MCCGD Administrative Regulations

3.2.4 and 3:7,5 related to~copyright regulaHohs.~

64. i~Tarivithstandin~ their eduaatian; ~theic experience, and their good faith, Nor.

Bellamy earl ~Mr..Qarrfson disagreed as to whether or •~ot•Ur. M~rtiaez violated copyrt~ht~ law. ~ ,

~' Therefore, it is inconclusive as to whether Dr. Martinez ir►tentionally and/or Inadvertently

I

, vioXated'~ad~+r~l:ctipj~tightla~'rr~~.. .. ~ ...;,- x. ~ .,. ~:~,.;•~~.,_.,,•:'. ,.,

.. :. ,~i:

~~ 65, ~ lt`is~inconelus~ve'tts fo'whetlaei~ t~r•not Dr. Ivta~finez violated the "ca'sh~ handling''

~~ 'policiesnYllrfCCCb.

.. 66. ,. T;?r, Martinez willfl~lly~ sn~. inteat~onally failed to fellow instructions that w~rg.

CDfIlIYlUtlICltOa x0 h6f W~18i1 S~18 ~dl(~d ~b I$S1191'8A11Id3 ZQ S~Ud8i1tB && ~tCCtCG~ by pceSla¢l]t SOlaB~,

.57. ~Dr, Martinez conceded that she never oomplied with president Solley's clear

i ~~ directive to issue. ze~nd§ to her students. Although Dr. Martinez now regre4s her decision not to

2 ~,) ~ ~ ~i ~^ comply with President Sa11ey's directive, she has never claimed that she did not undexstand the

~1~`Nl instruat3ons or that the instructions were beyond the acape of management's authority. Viewed ~ s

~~ in light of these fortes Martinet's claim that she "made a mtatake" is an adrttiasion of vvill~l

Insubordination.

6g. By failing to comply with. President Soltey's directive to issue reflmds to her ~.

'students, Dr. 1Vtartinex vao~at~d MCCCD Administrative Regulation 6.7,1 which prohibits the

"[w}illful and intantiona3 violation of any.,.MCCCD adminlstrativa regulatiod that affects the

employee's ability to perform tzia ar her Job."

69, By failing to comply with President Solley's directive to isst~o refunds to students,

Dr, Martinez violated MCCCp Administrative Regulation 6.7.3 which prohibits the "~;w]i11#t~l

and intentional failure+ to perform jab duties thaehave first been communiaat~d~to an employee

! attd are within the erripla,~ee's scope pf employment "

,. ~ /!/

AOG881 ~ _~_

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 34 of 88
I

C~s~ 2:15-cv-01759-NVW Document 14-1 Filed 11/04/15 Page 8 of 8

"s

~~~~.

'E '7~~ 1~►'~ t~e~'ub~ ;}~egarrt~nenc~ tha,E ,thy .G;Awgr~?g ~aa;~l cj4q~ P,~es£d'ent $able

ternafnafron:.xec~ues~•~nc~~~l.'o.~u.pr~ I~if~~nez t~y~cQntli~ua~l~er• MCGCD ~mployraeFit.

'± ~ 7J.t ~?@a ~MG'C.~D ~.~iministrttfiue ~R~gulation- 6.2 iha~c~tita~ .ttiaE ~+ii~idiiori oP a~iy

` ~anploymeat ~t~rndi~~i ~'~oi~Stit~ites gioutt~s: fp'r, d#so~~illna~ aataoif, ~ttp Cd ~sttj~lf~sia'add~Yd~; did'

~ Ctl~`iU~itl~ XCY1Ti~~1~G011yrr N~1'"d.IIE:~'~~7~ TCCQI'T~2t1~11fI~J'I2~t ~1„t' VOt'l1~t~~i ~;dQ~'~ ~tR~~ ~~'.: ~, $~~~Q2Re

~ tx~g ~~~~~~d' ~~;~~~t~es~. ar;~~r~a, t~x~ ~~h.da~ o~'~ece~r~ ~D~3„ 

.

i

F '~ .'~

~ i dP.I~. G`i'tx pr

i~ ~~Y~arp~rson ,

C~n~T3~htt1~'aP•tho Heprl~sg;Co»airiitY~cf

~ I7t,:Nd~ ~tdy~3'~i~d fit'; G'~ilk5'~,~`fiit''8+ :+

~ 

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Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 35 of 88
Exhibit C

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 36 of 88
~~.

YAHICbOA

GDMMVNITY

QOI,A60MR

MARICO~'A GOMMUNI~`Y COLI.~~F,S

QF~CE OF xHE CHANCELL0~2.

MEMO.RAN'llUM

~/A,''~s February 10, 2014

TU: Dana Saar, president

MCCCD Governing 8aard

FROM: Rufus Clasper

~~~~

Si~J~FG`~: Recommendation to adopt hearAng committee's recomnae~ndallon

regurdiag dismissal, Dr. Cleopatrla 1VZartln~z

On August 9, 2Q13, t notified Dr, Cleapatri~ Martinea, in writing that X intended to

recommend to the MCCCD Governing Board that she be dismissed from her position As

Mathematics ~aaulty at k~hoenix College (copy attaahsd). This recnrnmendation was based nn

a statcm~nt of charges against Ur. Martinez prepered by Dr. Anna Sdfley, President o£

~'hocnix college, and reviewed a~.d forwarded to me by James N, Bowers,.Xnkerirta V►ce

Ch~+ac~lkor for Human Resoirreps (copy attached),

Pursuant to Section 3.15.3 of the RFP l?oliay Manual, Dr. Martinez invoked her right to a

hearing on her dtsmissaL T~~is hearing was held on Noverttber 1 B, 2013 pursuant to section

3. l 5.~ -~ 3,15.'7 of the 1~P ~nlicy lvXanual.

I received the Hearing Committee's Summary of Evidence, findings of fact, Conclusions of

Law and Reco~unendat~on on December 9, 2gx3,1 was unable to schedule a meeting with th:e

hearing committee because of the wintex break, and the parties graciously extended the time

fnr my decision to pernxit nne this oppoc~tunity. On January 23, ~Q14, pursuant to soatian

3.15.8 aftha RI P Policy Manuai, Y met with the Hearing Committee to olar'sfy questions T had

concerning their xecommendgtions.

Now, as requirod by sectiott 3.15.8 oftlae RFP S'alicy S~l~nual, I am providing the Governing

~3o~cd with my recomnnendatinn regarding dismissal slang with the Summary ofthe Evidence

aiad a copy n~the findings of Fact, Conclusions of Law and final recommendations of the

kSearin~ Committee.

nars:.11..:.~::1

Angela F Miller, ppp, CR

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 37 of 88
Page 2

Based nn all o~'tkte information re£etxed to above and attached hereto, I accept the written

recommendation of the cor►~tt~ittea that Dr; Marti~aez NOT he dismissed. After cnttsulting with

the committee T have detertt~ined that a lesser sanction authorized b~ the RFP and within my

sale discretion as Ck~ancellor is appropriate and warranted.

A,ttiiC~]SX10T1t5

cc. MCCCD'Gnverr~ing Board Members

Mr. Jim Bowers

Z7r. Anna Solley

Mr. Pavneet [Jppal

Mr. Steve Moz~taya

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 38 of 88
&1 A R I G g p A I Rufius Glasper

C 0 M M U N t T Y~ 

COLLEQ~S Chancellor

za~i w. iatn sheet, Tempe, Arlxona 85281~i942 • 7 480,731.8E00 • F 480.731,812p • r,glasper~domaif.maricopa,edu

February 10, 2014

br, Cleopatria Martinez

1Q30 IBC. 21 ~' Street

phnanix, ,A.Z 85020

Re: Notioe of Suspension rwithnut Pay

X7eac Dr, tvZartmez;

k3ased upon the attached written statement of chaxges, I have decided to suspend your etnploym~nti under

my sale authority as Chancellor pursaant to section 3.l I of the Residential T~aoulty Policies, '~'he parpt~se

of this IntCer to notify you that your suspension from your position as Matheraaatios faculty at Phoenix

College will begin on Nx~rch 1, 2U14 and end on May IS, 2015. Xour teaching r~sponsihilities and pay

will resume Fall semester, 2015 anless you choose to retire (sea below),

~-Seving sought the advice of the General Counsel as required by section 3. k l .3 of thn ~~', T am satisfied

that your procedural rigk►ts cnnceraing the grounds far suspension have becta znet. The basis for this aotipn

is the unanimous £'it~ding of an independent hearing coir►mittee that you wi[l~'irlly vialaied the district

polipies set inrth in the statement o£aharges ttnd thAt I have the authority to suspend your ~mp~oyment

without ~a~.

Aisn under the terms of subsection 3.11.3, the interim Vine Ck~ancetlnr for ~-Tumun Resources will offer to

consult with you (and the Facplty Association President, if you choose) concaming the rakionala fax this

deaisiott. Sf you accept his ittvitatinn, he will deliver this native mad attachment after the meeting. i~'you

decline your oppnrtur►ity to consult with him, he will have the decision de~i~vered to you in accordance

with the policy.

Ynu znay voluntarily rr~tira ;Crom your pasitiok~ i~t lieu pf this suspension without pay. If you elect to do

sa, you will retxaain an paid adnninistrativo leave and be paid through May 9, 2014.

Sincerely,

~~

Rufus Clasper, k'h,D., Cl.'A

Chanoetto

,,,l~i,~ ~,,,,,,,~~_..,,....

Lee Gnmbs

C~enerAl Leaf Counsel

cam; Ur. Anna Sn#lay

Mr. J'im Bowers

Ten cwfleges n~ul tua sttt'li ctnte~s dedicnted to student success,

Chandler•Qllbart 1 EstreUo Mountoln I G~teWay I Glendale 1 Mesa I Paradise Valiay I Phaenlx

Rio Sslada f Scottsdale f South Mountain I Maricopa Sklli Center i SnuthWest SkiA CAnter

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 39 of 88
M A R I C p p A Rufus Clasper CdMMUN17X

C 0 L L~ G E i5° Chancellor

2411 w, 14th Street, Temp, Arizona 85291•&942 • T 48b.79].82D0 • F 480.731,8120 • r,glaepar~domai~,marisopa,edu

~dbruary 10, 2Q 14

Ur. Cleopatria Martine

703 Q N. 21" Street

Phoenix, A.Z 85020

Ra: Statement of Charges

~ttsed uport the findings oftha ha~rrng aommiitee which era attached to this statement, and the record of

their proceedings, X have determined ~s fellows:

In taachin~ your Phoenix College mathematics students, you did not use a textbook. Instoad, you prepared

your o'w;n course n;taterials you called your "lecture notes," copied them on'~hneni~ College equipment

and at Col►e~e expense, aad distributed theme to your students without chaxge, Xn: preparing your notes,

you ao~ied problems from copyright protected textbooks and ins~rked them iota your lactwr~ notes

without amitaution !o, or perttaissiorz of, the copyright holders,

In early 2d 1 a, Phoenix College discovered that yqu may have exposed MCCCT.7 to liabiliTy far enpyright

infringement, nnti~ed you of the o~ncerns, and provided training and legal caunsei. Tp prat~ct the

College from tho risk of liability, In Apri12010 president Salley restricted your coping privileges,

altowiing only those copy projects approved by your de~artrnant chair. You attempted to buss these

restrictions, The chair ~1ed a complaint that was referred t~ an adrniniskrative evaluakion team for

invasti~atian. The teazx►, including your aWn appoitztee, unanimously concluded that your lecture notes

vioRated copyright and t1~at you had failed to follow President Snlle~'s direction,

'resident Solley aansidered this history, and on becember ld, 201 q imposed a stricter restriction in

acaardanoe with the R.~~'. She directed you to use only aaurse materials approved by tho depardnent, that

were available in the bookstore for tale to the students, and that werc autharad by persons ether than

yaGirself. She else roquired that you pro~v~de proper attribution of authorship of khe materit~ls by others

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

from the author, She restricted your xukhoriry to cop ,,tn materials approved by year department chair

after two days' notice and written ~raof that you had permission of the author to copy the materials,

Tra concluding her directive, I?c. Solloy stated, "This direction is intended to communicate job duties to

you withi~~ the rr~euning o~Goverraing Board em~lnytn~nt standard A4.3. In aecordanc~ with that section

ofthe All ~rnpla~tttent ~'olicy Manual, ~uvillfi~l end inte~t~anal violation nfthese instructions will be

considered grounds #'or disazplin~ry action, up to and including dismissal."

Despite IvTCCCb's frequent discussions with you regarditag the importarnca of anmplying with copyright

laws and the ~;leceznber 9, 2010 directive, you continued to attempt to ignore the

dixeati~ve. At the beginning of the ~'a112012 Semester, you informed your shzdents that they wcre not

required to purchase a course textbook and ikaat you would provide them with your pwn course mataz~als

in liou of a te~xtboak. Xr► violation of President Soll~y's Deasmber, 2010 directive, you made copies at n

)acal Staples store of course materials that had not be~a approved by dour deparimenk chair, and

distributed them to your students for $11 per copy, payable directly to you. This dish~ibut~o~ violated Dr.

Snlley's directive.

Ten coCl~grs aru! tuw skill centers dedicated to student succe~.v.

Chandler-Gilbert i ~sUelia MounGaln i gataWay I Glendale 1 Mesa I Paradise Valley i phoenix

Rin ",elado I Scottsdaio i South Mountain I Maricapa Skill Center i SauthWest &kill Canter

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 40 of 88
Page 2

You deoided unilateraLl~ that no district policy required you to cc~mpt~ with the jab duties cnmrr►unioated

to ynu in writing by Dr, Solley, so you violated them. however, her duective was issued under section

3.7.4 of the RAP, Tk~rs section authorizes a president to take'°any appropriate action" after receiving the

results of t}ae adzninrstrative review, T~z caasidering t}~e appropriate aetinn, Dr. Sotley relied on the advice

a~'expert counset to assess th8 risk of Iiability represented b~ year beha~viar, on year daouraeated history

of eva.5ian of her prior efforks to protect MCCCD, and the eu~animous reparC of tie udmin,istrative

evaluation team. ~'ou did nat file a tir~iely bppeal or grievance seeking review of this directive.

An additeonal ooncern prose a#ter a student brought the copying to ,PCs attention, oom~lxining that you

did not prn~vide receipts for tie raaterisl charges, ZvICCCD Adm~nistr~tivg R~gulatiorc 1,12. states as

fpaaOWS:

"1,12.2 Authorization

Prior to ~~rticipating in the sale of products ar services, Revenue and Expendiriire categnri~s must be

includod in a prog~ar~~'s budget, and ap~r~~ve~l b~ the Goveznin,g Board tturin~ Ede annt~~l budget adoption

prncecs, or as legally changed Burin$ a fiscal year.

1.12.3 Fees

Fees exchanged far products or services produced thrpugte an educational, h'81I11T1~ Of 88I`V1C@ 8.Cf1V.LTy

steal( bs pre-approved by the Governing ~3oard,"

Phoenix College determined that yUur course nnateniaEs charge wss cot included in tie adopted budget ar

pre-approved by the Gaverning Board. Dr. Solley therefore issr~ed a corrective action that directed you to

issue refunds to the stunts. fn~c the, uriauthosize~d.aharge. You reused, and offered no a~cplaraation or

justification of Maur decision to the hearing cgmm~ttee. The hearing committee ~'aund your failure to

aoznply with the cnnrective action was an violation of Administrative Regulation 6.7.1 and Administrative

Regulation 6.7.3,

Thcre~"orc, for purposes of RF1' Section :x.13, this letter r~vill sea-ve as a statement of charges that you era in

violation of Adr~tiraistrative ~te~ulation 6.7.1 and Administrative ~iegulatian 6.7,3. Czi acoordance with

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

aornrnittee's recnmmendatidn that you should not ba dismissed #'rom empCoyment. However, I believe

susAansion withcaut pay for n substantial time is the appropriate sanction,

Sincerely,

'Rufus Gtas~er, Ph.b. CI'A

Chancellpr

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 41 of 88
~~xoz~ rx~ oovEx~vnvo annxn o~ THE

MAR1C(7PA CpU1VTY COMMUIdI7"Y CO~.L~t~E C?[STRICT

.,-.

MARICOPA COUNTY C(IMMUNITY

COGI,EC}~ DYSTf~CCT~ ) C~~AR[NQ COMM]'['['~E

v. ) FINDTNC,~S OF FACT, CONCLUSIONS

OF LAW, AND R.~COMM~NDATIDN

Ali, C1,~pP,ATRtA MART1I~f~ )

T'~usuant to the OatobeK 1 b, 24 f 3 Scheduling fJrder, having reviewed all of the parties'

~ pleadings and exhibits s td caaducting a hearing on November t8, 2U13, the Hearing Committee

(by mxjarity vote) hcneby submits the following findings oP Fact, Conclusions off' ~.aw and

Rcrammendndon,

1

~.Y~ ~c~~F FACT

1. After having taught mathamaki~.v i 11»Hme for ten years et Denver Comraupity

i College, ~3r, Cteopatria Mnrtine2 moved to Arizona and st~cted teaching mathe~cnatics full-time at

i scottsda~a comimur~ity carlege on January I,19ss.

' ~. Llr. Martinez voluntar#ly trsnsfenred to phoenix CA11e~e ("pC") in 1995 and lu~.e

i been teaabaz~g mathematics there fu11-time ever since,

~i 3. ~ Rx. Martinez clCCtad to voluntarily transfer to PC beaauso thtt+c wcra vory feW

;~ minority students attending Scottsdale Gommun9ty College, and shn wanted to usa hor bilingual

' education skills ~n the mathematics classroom ro better edua~te tt~e large nuuaber of minority

~i students attending PC.

,;

`~ 4. Dz, MsYtis~ez was olected by her cn~Ieagurs to serve as tha Chairperson of the

~ Mathcmatacs' Depardm~nt of IBC ixorn 2UO2 to 2005.

i} S. Zr► early 2010, PC disaovernd that D,r, ~tcopakria Martinea naay have exposed

MCCCp to potential liability for copyri~lrt infringement,

6. Dr. Mart~nc~ testi~ic~ that, during her twenty-ctght years of t~ching mathematics

in th'a MCCCD system, she and her colleagues In t'he Matt~ernat~cs Departments of bath

Scottsdale Community College and PC roudnekyr borrowed mslhcrnatias probicros from ether

nnathennatinlans to use in their student hendout~ for oduoatiopal pwrposes on a not for profit basis,

7. ~lr. Nlertin~x tcstsfied, without rebulta{, that ti~is borrowing of mathematics

problems is a Zac~gstandlxi$, vv~despread custom triraughout the Distrlat and acttdcmta ~t large.

8. Instead of requjring her naat6e►ra~tias studonts to purchase textbooks, Dr.14(ertincz

prepared her owin cnarso ttaatcrials wt~iah sha caltcd her "Lecture Notes" and disMbutcd them to

` aoese~ -lCase 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 42 of 88
}lgt' Sh1dCIltS, MCCCD Exhibit List # 45 (Martinex Dapo., pp. ' 7:17-78; i S, l Ob:16~108: i 6,

121:25»140:13,132: 6-237:25),

9. br. Martinez read the Copyright Aot Qf 1976 and believed that it authati~ed her to

u9e small portions of other scholars' work under the "Fair Use" doctrine becausa sha was using it

only for classroom teaching purposes on a nat Fur ~rrn~it basis and her use of iha material did riot

undermine tho pgtcsatia! maxkct for the other scholar's work.

10. Par the "k'sir Use" doctrir~o of the Copyrlgh! Act, the "uso of a copyrighted ~uvork ,

. ,far pw~poses such as criticism, cammant, news r~portin~, teaching (including znuldple copies

fnr classrogm use), soholarvhip, or rescarch~ is eat an anfringemcnt of copyright " 17 U.S,C. §

107,

11, Dr. M~rtinex copied problems from copyright protected textbppCcs and inserkad

them into her course materials. MCCCD exhibit List # 4-5 (M~rtinox Depo., pp, 106:16-

t06;16).

12. fir. Martinox, in ~c~r Basic Arithmetic (MA~'082) couxse~ copied problarns dixectly

fra;aa a oopyrSghted t~xtbaok eatitlad "Basic Machemat~os" and Inserted thcln into her "MAT 082

Basic ArithmadC Spring ZQ10" course matezials which she di~sMbuted to students. MCCCb

E~iblt List # 20 (Full-Sized Excerpted Comparison).. She did not seek nr obtain permission

from the copyright holder.

1 a, Dr. Martinez also cr~piad problems directly from the Sullivan & Sullivan

"Precalaulus" textbook ar~d inserted them fnto her "11~Axt 82 TriQonameory Spring 2010" course

materials. MCCGU Exhik~it T~Rst ~! 22 (FuU-Sized gxcerpted Carr~parisan). She did eat Beek az~

obtain porm~ssion 8rnm the copyright holder.

l4. Dr, Martinoz did not regwre her sh~deats to purchase textbooks in her Spring

MAT082 Cc~uurse. MGCCD ~xhibic List # N8 (amait fYom fir. Martinez stating "I indicated in my

syllabus that, Ir~stcad of a published textbnok~ C was using lecture notes fn my MA"Y'082 class.")

1 S. br. Martinez did oat require her students to purcheso textbooks in her Spring

MA,T182 Course. S'ee br, Mnrtln~z's ha~ring iesdmnny (cnneeding that students wore not

mgatresk tv parch~s~e a t~ilctbtydk jn her Spring 20tf► MA'C1'82 course).

~6. Cfi or srotzr►fl jnnuary l2, 2U10, MCC~D's Vice ~residcnt a~'Aaaderuic Services,

Ronnie Elliot, sent Dr. Martinez as email nod~'j+~ng her that chero were alleged rap~rfght xclated

problems wttri the materials sho had printed far the Fa11 2009 and Spring 2010 s~masters.

MCCCD ~xhibk i,ist # 23 (J'anuary l2, 2010 email), The ttasterials ia. question vYere paokots oP

course rratcrials for Dr. Martinet's MAT~82 and MAT187 cour~e~ and cantai~cd m~thomedcs

problems arad $raplt~ that were taken £rom copyrighted textbooks, MCCCly exhibit T~ist # I 1

(Ttonnie Elliot Decl~tadon, Q¶8-~); MCCCD ~x~blt LisE # ! 6 (MATT $2 course packet);

MCCCD Exhibit List # 7 {Senn C}urrison OcWber 28, 2010 Memorandum).

17. ~ Dr, Martinez used three of the four packets of `9eature n'ntes" in the Spring of

20ip !r► two ire-calculus classes, See District Exhibit 6, parts 1-3,

AQ6881 •~'.

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 43 of 88
18, Tha MCCCD administration, following Vice President ~lliat'8 8[i181I~ repeated}y

~7cplairasd its copyt~ght aancems to Dr. Martinez ~d asked tir. Martinez w remove any

Copyright protected mathematics problems from hex materials. See Rakar Haaring'Tcstimony.

t 9, On .~anuary 26, 2Q 1 Q, Vice Pres~dcnt ~Uiot sort pr, Mnrt~naz an email autJinirag

MCCCDrs canrarns regarding Dr, Mattil►CZ'9 pOkenti~I c~p~ght infriagsment, MCC~D

Exhibit ~.ist #~2A (January ~6, 2Q1 d emaia).

20. tJn January 28, 201 Q, MCCCD in-house~counsel Margaret McConnell discussed

copyr~ghi corapli~anae r~vzth Dr. Martina teleppontcall~, MCCCD exhibit L1st # 2S (January 2~.

201b email).

21, Dr. Martina did not, benefit fmm the muttipla MCCCD capynlght informadoa

sessions noted above.

22, PC's own e~cpert witness, Saar Garrison, testified that under the "Fair Use"

dAcsirine, someone could lawfl~ily aop~+ frann a copyrighted textbool~ without either using or

purchasing the textbook.

23. pn ~ebn~ry 5, zoia, Vicc E'xesident of Acadeanic Afl'airs Calandra Kakar,

(aterim Vice 1'r~esident of Administrative Sarvicos Paul D~Rose, anti Dr. Marttnex met to disouss

Ux. Martinex's allegad misuse pf copyrighted materials. MCCCp ~achibit L1st # 26 (Rebniary

.,. 12, ZO1~0 email).

24. Dr. Martinez has not ~uscd any of tha four sets of "feature natal" sine trie Springy

nP 201 U whezi ~C first raisad its concerns zegending the Hates.

25. C)n April !S, 241Q, PG Librarian Arai 3toeallo onnduated a personalized one-anone copyright tr~Gting sesslan with 17r. Martinez. MCCCD Exhtbic List # xB (Copyright

Ao~verPnint 1'r~santatlan). See also, ~Cakar Hearing Tesgmany,

Z6. When Dr. Mertin~~ znei with the 13brarian, the 19brarien told Dr. Martinax that Ur.

Martinez kndw as much about copyright law ~s sha did. See Martlgoz Nenring Testimony.

27. Following the revc~atlon of Dx. Martinet's r~npY#ng privileges, Dr. Martinez was

required to subrx►it her cnpy, rec}uasts to Matktematics Depeciment Ch~irpdtsoa Mr. ~u~yoshl sa

triat Mr, Sueyoehi oould rev#ew her materials fpr passible Copyright vivintions prior to eopytng

and distribu#inq to students. tv~CCCD Ea~uibit List N 8 (Apri12, 201 U Dixeativa).

28. .[7r. Martinez sought and abtxir►cd a form of written p+srmissinn from the publisher

of the toxtbook, ~uillivan 8~ Sullivan`s " rena}c us," to copy materials from their boob ai3er PC

accused her a~'violating capycight law.

29, Un or around April ~9, 2010, Dr. Mmtlncz attempted to bypass the copying

t~strfictians by having ar► adJuncc mathonnatica praPosspr, Johnny Santallan, meka 24 sots of

copies of her "~.eeture Notes" for distrlbudou to her matriamatic~ atudepts rxzthout obtaining

prior approve] from the MathemaNca Dep~rttnent Ghuirpe~on, MCCCD ~achibit ~.lst M 12

''`~ (5ue~nsht D~cl., ~9); MCCCD Exhibit List # 4.5 (Martinez Uepo,, pp, 223:1 t-224:21).

aoeas~ _a.

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 44 of 88
30, Becatese Dr, Mnfinez did not feel she was able to obtain reliable guidenco

regarding copyright comp~ience from the Clistrict, she caught advir~e dram a private intellech~al

property attamey regarding the issue, Mr, i~rederic Bellamy.

31, Mr, Bellamy reviewed the first two cats of Dr. Mertinnax's "leoturs nptes" and

concluded that they did not violate Copyright la~v because thoy £ail wndsr the "Fair Use" dactr~nc.

32. Xvfr. Botlamy based his cotfclusian that Dr. Martin~x did not violates co}ryright law

on the opinion that the portion of material that Ih. Mardnaz capled from the Sullivan 8c Sullivan

Prccatculus te~ctbaak was very gnrall~ that aha used the copjed materiels exclusively ~'or

educational purpases without any prn~t motive, that the content oP the cn~ied material consisted

of matlumataas prablezx~s that are ttrgaably oat subject to copyright in the fast pIacs, and that the

~ma11 partton df the textbook that Dr. Martinez copied did eot adversely impact the potential

market for the textbook.

33, At the hearing, another Dwyer practicing in tie area of intelloohral property law,

Sera G~rxisan, tesd#Ied nn behalf of pC. In contrast w Mr. Bel~emy, Mr. C3arrisaa testified at the

hearing that the first t}u~ee sets af, Dr. Martinet's lecture notes violated oapyr~ght Isw.

i

34. In contrast to his testimony at the haacing nP Npvember 1 B, 2413, in his written

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

subjected the Dlstxiat "to a ssrioug tick of a~capyright imfringomcnt claim." Ste, district Exhibit

' 6, p. 0002.

t 35. MCCCD invited Dr. Martinez to a copyr#ght workshop that was held an March 1,

2010 at P~, [)r. Martinez chose not to ariend the wnrkahop. MCCCD Exhibit ~,ist ~ l0 (Snilcy

' 36. PC President At~a~a 9a11cy, on Aecember 9~ 2U10, canaluded that Dr. Martin~z's

ti~ICgBa f11ISCOriC~UCt ~fOSCd 8t1 UII~CC@ptfl6l@ 70~~I risk of a copyright iafrin~gament claim and

`irtaposed restrictions oa Dr. Mgrtinez's photocopying privil~g~s, MCGCC~ Exhibit List # 10

(solley Deol.; ~(Y2}.

37. MCCCD sought a legal apizrian from an outside aapyright export, attumey Sean

Garrison. M~GCD ~ach3bit List ~ 10 (3a1lay Deol„ '~ 14); MC~CD exhibit List # 7 (Soon

C3arrison October 28, 2010 Memn).

38. According to Mr.,Qarrisan, the third set a~ "lecture notes" appeared to have 13

mathematics problems aapi~d From two other mathematles textbooks.

39. Mr. G~rrieon taskified that ha was certain that Dr, XvIartinez has committed

copyright i~nflringanuant, See C3arrisan Hearing 'Testmany, In reaahing this conclusion, Mr.

Garrison reviaw~d thousands of pages nP maserixls lnaiud3ng nearly X00 pages of Dr. Mgrtinez's

lecture notes and thrao separt~te aapyrlghted tnathematics textbooks. MCCCb '~xltiblt List # 6

(Sean C3arrison April 19, 201 ~ Report); see also Crsrrison Hearing Testimony.

40. In reliance upon Mr, C3arrtson's recatnmcndations, PC Pressdent Anna 9olley

issued n Deaennbar 9, 2Q1Q directive that impnead further rostrlcNons on Dr, Mart3noz's copying

dosage -aCase 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 45 of 88
privileges. ~vICCCD exhibit List ~ 9 (December 9, 201Q DirectiWe~; MCCCU ~C.hibit List ~ 10 (3olley Dscl,, q1,S).

41. `The Decembor 9, 201q Direoiive prohibited Dr, Martinez from utilizing e~ny

coarse materials of hex awn crcntian. MCCCD exhibit S.ist # 9 (neCember 4, x410 Dirocbve),

Instead, pr, Martinez was required to anly use course materials that are "approvad by the mathe~m~tios depm~rr►ent" or that are "available in the bookstore fpr sale to students and chat are authored by persoax other than► (Dr. MartinezJ." MCCCD ~xhlbit ~.ist t~ 4 (Deaembnr 9, 2010 Direcd~ve).

~

~ 42. The December 9, 2010 Directive Ricthdr required br. Martinez to subunit her i phptnanpy requcais to 1.he Mathematics Department chair for his appra~val. MCCCD ExhibEt

'~ List # 9 (December 9, 2010 Direodvc).

43. Despite MCCCD's fr~queot diseusslnna with X?r. Martinoz regarding the

impartanca of complying with copyright laws aad the p~cambex 9, 2010 Directive, Dr. Martinez i conGnued~ to attempt t+~ i~nor~ the directive. See Kakar H~e►ring xastlimvny.

44, At the k~e~inning of the P~112012 semester (on ar about August 21.23, 2010, Dr.

Martinez informed har stuclants that they were not required to purchase a enr~rs~ tdxtbook and

that she ^would provide them with her own course materials ;n lieu o~ a textbook. MCC~D

'~ ~xtubit i,ist # MS (Martinez Depn.~ PP. 232,19233;21,

4..a

45. [n fu11 of 2012, TJr, Martinez gdughC to have her lecture hates phatacopi~d aft'

f campus at a nearby Scapl~s store. This practice is inconsistent with the l~ecamb+~r 9, 2010

pireative. MCCCD Exhibit List # 9 (lleeember 9, 2010 Llireabve), MCCCD exhibit C,ist k~ 45

;~ (MartinezDepa.,pp.232:19.233:2!).

46. Ar. Martinez did not submit her ~a112012 materiela to Mathematics 1)eparhnent

ChaupersAn .Mr. Su~yAehi for approval, MC~Cb exhibit Ljst # 4.5 (Martinez Dcpn., pp.

X32: t 9-233:21 }.

47, Dr. Martia0z much copies of her eouxs~ materials at an off-campus Siaples store

;. ~ and distributed them to studont~ for $ t 1 per copy. MCCC17 exhibit List N 4~S (Martinez bepo.,

pp. 232:19-~33 :2 ~ ).

a8. The $1 ~ cowse material feo way paid directly tv Dr. Martinez by stucCants.

M~CCD Exhibit ~.ist # 4~S (Martinoz D~po•, ~A. 232.19-23:21).

49. PC accused Dr. M$rtinox of viot~tang the ~istrlct's "cash handl,ng„ rule by

` distributing these course materi~is W leer students i£ the students reimbursed her fnr her out-of-

~' pocket aopyigg costs.

50, PC aubsequcndy c{a3mW that nr. Martinez violated the District's "cash handling"

poSiaies by seeking teimbursernont far the copi~~.

Sl. MCCCD's policies prohibit inshvcMrs from having "any financial tnterast izr nr

receiv[in$~ cnmpansation from the sale of any unpublished lsasducdon~l materials required ar

406981 -SCase 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 46 of 88
suggested far a class that the instruatar teaches." MCCCD Exhibit List # 41 (Residential Faculty

Poiicios, 3,x.4).).

52. .~ Dr. Martinez failed to foitnw the protonAl set Earth in the llecarnbcr 9, 2Q 1 D

Directive in eops►iAg her Fall 2012 course materials. MCCCD ~achibit ~,ist # 9 (December 9,

201Q Dir~cdve); M~CCD exhibit T.iat # ~-S (Muslinc~ Dcpa,, pp, 232;14.233;2!},

53. tar. Martinez drstrlbut~d cawrae materials direutty to studerxta in her Fall 2012

MAT i S 1 class, MCCCT7 Exhibit List # 4-,5 (Martinez Depo. pp. 2~~:19-233:21).

5A. The MCCCD Administration learned of rir, Mariinez's ur~ut6or zed diatributian

of anttrse materlais to students aRer one of Dr. Mart#Hex's MAT151 students complained to

Mathematlas Dopartme~t Chairperson Mr. Sueyoshi. The student camplalned that Dr. Martinez

refused to pxpvide her with a rcce~pt for tie purGhAsea crturse materials, 5cc ~akur Hearing

Testimony.

55. T~pon I~arning that 1Jr. Mertinax had distributed course materials to students

gllegedty in violation of MCCCD's cash handling policy, Arcgid~nt Solley Instructed Ms►rtinaz to

~mmedzatety issue rel't~nds to }aer students viu personal cheek. MCCCTJ exhibit List # 3 {October

1 S, 2012 Cow~selin~ Nance); see elan Kak~r Nearing Tesrimr~ny.

56. On or around October 18, 2012, President Sa11oy and Ih, Kakar met with Dr.

x Martinez tp explain the seriousness of Dr. Mwtinez's ntiegod c~h handling viotaaon. MCCCD

Extaibat T,iet # 3 {4etober 1 B, 2012 Counseling Nodco); sen also ~Cakeir Hearing TcsHmony, Tn

addition, k'resident Sa11ey acid Dr. Kakar prepared a writtob couaseli~tg memo. dated Ocwber 18

2010 for Dr. Martinez regarding her allag~d violation of cash handling rule. Dr. Martinez was

provided wftlt a copy of the October 18,.201p counseling Hader and President Solley prt~ceeded

to explain to Dr. Marl~lnez the sar~aust~ess aP the ~llegcd cash handling violations and the

requirement that fir. M~artincx issue ra~xnbtusemants to her sNdcnts. MGCCD Exhibit List # 3

(October 18, 2012 Cnuttscling Notice); see ateo Kalcgr Hearing'Cestinnony. t

S7. Sev~t~l months later, on or ~raund ,~anuary 9, 2013 bz. TC,nlcar teamed that most `

(if not alt) students hid Hat yet received refunds frarn the 17r. Martinez. MCCCD exhibit list ~

39 (vazinus emsils regarding student refiur~ds). As a result, Dr, Kalcar insOruated Dr, Martini to

provide copies ofz~,fluund checks by January } 8, 24}13. MCGCD ~xhibtt List # 39 (various emails

regarding student rcti~nds).

58. Dr. Martinez failed to produce n single refund check by the Jattuary 18, 2Uy3

deadline. MCCCD ~~chibft Gist # 39 ('various emails ragardin~ student refunds).

59, Dr. Martinez did trot think that she had viol~t~d any District rule in rofnrence to

the copies, There~'oce, she declined to follow the Deecmber 9, 2d~q order bec~ease she bClieved

she was Hat regaired tq do sa under any District rule.

60. At the Novemb+ar 1$,, 2013 hearing,. I7r, Martin~~ did not pzovld~ arty explanation

for her refusal to anmply with the Oataber 18, 2012 and J'anu~y 9, 2013 directives to isgu~

~~.

refunds to her stndaats. See Martinez ~-leaxing TnsHmony~

aaess~ ~ _6~

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 47 of 88
61, At the hearing Dr, Martinez testificd that sha had znnde a "mistake" and, irr rekraspeat, should have cpmpliad wlth President 5011o~'s inshuedons, Sae Martin+~z Wearing Testimony,

62. Oq or wrnund August ~, 7013, MCCCb Chancellor Rufus Clasper stint C1r. Mattinez a letter inPorrning her that MCCCa was proceeding with termination proceedings. Inaludod with`this lettar was a stalennent af.ahargos that summarized cho p~ctiaular vialatiorts Dr, Mamnex had ~eett ohary~d with (hereinafter referred to as `"Statcmont of Ch~rgcs:') MCCC7? Exhibit L{st ~ 1 (Statement of Chazges).

63, PC felled r~ carry ins burden of praoP rel~ring ro viols~ion of MCCCCI's cash hs~ndling rules found in MCCCD Administrative Regulations 1,17, V10~Ah0~1 0~ I~.CB~dt~[►~~J Paliey Manua! 3.2.4 (reladn~ to financial interests in unpubkishad materials), vinlat{on of U.S, Copyright Law nerd fair use guidellnes~ and violation of MCCCD Adm9nisdr~tive Regulations

3,2.4 and 3,2.5 related to copyright r~gulationx,

64, NotwiUastanding their oduoat3on~ their experience, and their goad faith, Mr.

E3ellamy and Mr, Garrtson d~sagxeed as to whether or r►ot Dr, MarNnex violated anpyright Iaw.

'Therefore, ~t is jncAnclusivc as to whether LJr. Martinez intantinnally and/or inadvertently

violated #'edgrat copyright law.

65. Ct is incanolus(ve us to whether or not pr, Yviartinoa rriolated the "sash handl9ng"

policies of MCCCD.

G6. Tyr. Martinez w;llfitlly and intentianall~ failed to Po#law instzuctians tbat wc~

com►nunlcated to her when sloe failed to ise►ae xe~nds to studant~ sus directed by President Salley.

67. Dr, Martinez conceded that she ne~v~r oamplied with President Solley's clear dixeative tp iss►tia r~ftmds to her students, Although Dr. Martinez new ragrets her decision not to

anmply with Pccsidenc Batley's direciivc, shy has never alairned chat ghc dtd not understand the

insauatians ox that the inetruations were beyond the saape of managamsnt's authority. Viewed

in light of these fact, Martinex's claim that she "made x mistake" is ab admission n,f wiUfta!

insubprdin~tian,

6$, ~y fsilia~ to comply w3t~h President Sollcy'& di~cecdWe to iastte refunds to her

students, pr, Martinez violated MCCGb Admi~isixaHv~ Regulations 6.7.1 which prohibits the

"[w~illfut anti intentional vlalation of any...M~CCD ~dminlstrnHvc regulation thsk affects the ennplpyee's ability to perform his or her)ob."

59. By failing to comply with Aresideni Snlley's directive to tssu~ refunds to students,

Dr. Martinez vtoleted MCCCD ,Administrative Regulation 6.7.3 whjch prphibits the "CwJillfii!

end int~nt~nnul fatCure to perform job dut(cs that have first been rommunioat~d to an employee and are within the ampftiyee's scope of employment.'"

111

4Q8661 ~ -7.

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 48 of 88
;~~caa~r~u,~~oN

74, 'W`b hereby re~amm~d that the Opv~g ~iaar~i dee~y~ resident Salxoy.'s~

teru~;ination quest ancC.~lla;~ IIr+ Iri~~g02 t0'COphi111C.}lp' MCGCG'U BCII~7I0}17S1CT7f.

71., Pax MC~CD AdininisEratiue Regulat~ou 6.x l~idiaatii3g .that rriotatiaa of Any

~nplayrr►ent ~`taudatds;'~cat~sti#ut~s ,gcnunds ~'nr, disolplmai~' aotiori, up to [bmpYtasls 'ediledj .ax1c~ 1~ctadi~~ tcrmihat4~i~~" ova. f~e~bb~ roca~smes~d teat ter.. C~ouorning 8n~rcl recap 17h.. Nlartin~.

It~i~ or~'ei'pcl~ ~-a;k~~41e~x; .4t~zQn~i, this ~'t}} day cr~~r•,~att~ery Z0~3,

Lit'. !~c Ct;tt p'~~~~~~

~n.~e~~o~ cn~ ~r~cn;~~,,

D~. Noi~ R~y~s and Dr,• ~arl~s. Cairn

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 49 of 88
3~10.~.

3. id.4.

3.10.5.

Not later thin March 1~ Ppr X11 members in pro6atlonary Status. By October i~ of the fourth and fifth academic years, the Probationary Faculty member should be advised (n writlng, by the D~p~rtmenh/Divlslon Chair nr approprl~te Vice president, or Vice President's designee of any deficiencies whftt~ mgy, if uncprr~cCed, r~:swit In non-renewal Of contract, and the Prob~bonary member shall have the reminder of the academ►c

year tp address said deficl~ncles.

3.10.x.2,

Fifhh-year Prabation~ry mambers w111 be noElfied in writing of any defl~lendes arising after pctober 1~, "f?~ prob~donary period may be extended one dddttionaf semester for the ~ffecCed Probatlon~ry merni~er

per Section 1.2. Failure of the Probationary member to correct said deflc3endes in the addftianal semester will result in their non-renews( at the end of that semester.

Wlthln fnurte~n (z4) days of the recalpt of khe Chancellor's noCe of Intent to r~commerxi nonrenewal, the member shall, upon request to the Chancellor, be or~ily advised pf the reasons that contributed to the decision to recommend nonrsnew~l of empioym~nt. Such advisement shall be given by the appropriate Colfeg~ president wikhln Pourte~n (14) days of receipt of the Faculty member's writk~n request.

Within fourteen (14) days of the College president's advisement of the reasons Por nonrenewal, the Chancellor shall honor the Faculty member's written requesE eo the Ch~nc~flar to conflrrn, (n writing, the masons given In advisement pf nonrenewal. Such written confirmation shad be delivered to the member's place of residence via certified maN, registered mall, or personal servfc~ within fnurksen (24) days of the Chancellor's receipt of the request.

'7'he proc~.~a referenced here above .shall be completed prior to an~ nonr~newal r~commendatlon tb the Gov~mtng Board, for acaon prior to April 30 .

~.li. Suspension of a Faculty Member

3.11.1.

3.1,.2.

Upan a written statement of charges formulated by Chi Chancellor, charging a

Faculty member of the MCCCb, the ~hanc~llor, qr his/her designee, may fmmedlately suspend khe Faculty member and give notlGe of suspension, At the option of the faculty member, the MCCCfJ Faculty Association president wit! be no~lfled of this action.

The native of suspension shall be In writing and ~~ served upon the Faculty member, personally or by U,S. (registered or certlfled) mall, addressed k~ khe Faculty member at his/her pl~~ of residence as recorded in the MCCCD records,

RFPPolicy Manual -22- Effective September ~, 24r3

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 50 of 88
3.11,3,

Any Faculty member who has been suspended pursuant to this Sec~on will

normally be paid hls/her regular salary during the period of suspension. A

suspension w(mout pay wql occur on(y upnrt advice of General Counsel. TP

payment is to be withheld, the Vtce Chancellor of Human Resources will firsk

consult with and advise khe member and, ak khe option of the Faculty member,

the Faculty Association President regard(ng the ratlonale for that action.

3,~,x. Administrative Leaves of Absence

3.12.x. Crimtnat Complaint

x.12.1.1.

Tf a faculty member is charged by criminal complaint, InFnrmadan, or

indictment with any cHminal offense, which would be rouse for dismissal,

the Chancellor nr designee may immediately place the member on

compulsory leave of absence for a period of Cime exCending for not more

ttt~n ten (10) days zft~r the dace of entry of judgment ~n the

proceedings,

3~~.2.1.2.

Pay during this peHnd will be based on the same consideratlon as In

Section 3.i~,~.

~.i2.2. Complaints—Other Y'han CrirninaE

a,~.x.~~~..

'The Vice Chancellor nP Human Resources may, if it is.approprlate, place a

Faculty member on paid adminlstrat~ve leave oP absence. At the option

of the Faculty member, the MCCCD Fatuity Association President will be

advised.

Pay during this period will be based nn the same consideration ss (n

~ictiap x.11.3.

3.13. ~acutty Member I~ismissah-probationary and Appointive

A Faculty member who Is recommended, by the College Presidenk, through the

~hanaellor, to the Govern4ng Board, for dismissal shall have access to the following dueprocess procedures.

3.x,3,1.

A• written s~at~ment of char.~es, formulated by the College President, shall be

forwarded to the Vice Chancellor of Human Resources. AFter review of the

charges, the Vise Chancellor, in consultatlan with the MCCCD legal Qfflce, may

recommend, to the Chancellor, that there exlshs prima fade cause For the

dismissal of a Faculty member, The Chancellor shill Inform the Governing Board

in writing, with a copy oP the recommendation being sent (U,S. cer~fled or

registered mail) to the Faculty member at his/her place of r~sidenee as recorded

in the MCCCD records. "fhe Vice Chancellors recnrnm~ndatlon w111 give notice to

the Chancellor, Governing Board, and khe Faculty member of the InkenNon to

formally recommend dismissal, which shalt not be sooner than thirty (30) dey5

from kh~ date of the (ek~er, nor later than the end of the current academic year.

Rh7' Poflcy Manual -2~-

~ffective September 1, 2013

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 51 of 88
Exhibit D

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 52 of 88
cw n~ ~ c n~ a Vice Chancellor ' COMMUNITY

0 o t, 4 ~ a ~ s° Human Resources

2Ai1 W.14~r Stresb Tempe, Ouizona 85261.942 •7 A80.73t.8109 • F 4&4.731.8120 ~ wv~w.maricapa.edu

April 14, 2014

Dr. Cleapatria Martinez

7030 N. 21`~ Street

~hnenix, A~ $5020

Re: Update to Notice of Suspensian without Pty

Qear Dr, Martinez;

Your Notice of Suspension without Pay, dated ~'~bruary 10, 2024, I~as been upd~t~d. Thy

February 10'h notice advised you that your suspension without pay would begin on March ~.,

20.4 and end an May 15, 2Q15. The dates of your suspension wfthaut pay have been revised ~s

follows:

Your susp~nsian without pay from your position ~s Mathematics Faculty ~t Phoenix College will

begin an April ~,5, 2n14 and end an May 15, xoi~, Your Ceachfng responsibilities and pay will

resume Fall semester 2015, should you choose to return.

Although your paid administrative leave will cease after this ~ri~ay, April ~,1„ 2g14, and your

unpaid suspension will begin an Aprl! 12, 201A, your benefits wi(I contVnue through April 90,

2014, Zenith Admtnistr~tc~rs wiN send you a Cobra Notice within fourteen days of the end of

your coverage.

ely

N/

Rufus Clasper, Ph.D., CpA

Chancellor

Cc: Dr, Anna Solley

~aCoya Shelton-Jackson, VCNR

Wersonnel Ile EXWi IT

WIT: _~..: ~ 

y~..

Angola F. Mlliar, RPR, CR

Tcn roiJegas and cwa skill amters dedicated to of adept eutctss,

Chandler4ilbert 1 Estrella Mountdn 1 QateWay i Qlendale I Mesa i parac~seValley I Phn~ix

R10 Salado I Scattydale i South Mountain I Maricopa Skill Canker I Southwest Skq{Crater

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 53 of 88
Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 54 of 88
~~

M ARICOOA

QOMMUNI7Y

60L16f{M6

MARIC4~A COM1ViUNiTY COLLEGES

QFFZCE OP' THE CHANCELLOR

MEMORANDUM

~1A.TE: February 10, 2014

'TU: Dana Saar, president

MCCCA Governing Board

~+`~tUM: Rufus Gtasper

,~--wSUBJEG'~': ~tecommendatian to adopt hearing committee's recommendation

regarding dismissal, Dr. Clenpatria 1VXartin~z

On August 9, 2013,1 notified Dr. Cteopatr9a Martinez, in writing that I intended to

recommend to the MCCCU Governing Board that she be dismissed from lier position as

M~thetnatics faculty at ~'hosnix College (copy attached). This recotmmendation was based on

a statement of charges against Dr. Martinez prepared by Dr. ,Anna Sotley, President of

~'hoenix College, and reviewed ar►d forwarded to ►ne by James N. Bawers, Interim Vice

Chancellor For Human Resources (copy attached),

!'ursuant to 5ectinn 3.15.3 of the R~'P Policy Manual, Dr. Martinez invoked her right to a

hearing on her dismissal. This hearing was held on November 1 ~, 2013 pursuant to section

3.15.2 -~ 3. l5.'7 of the RAP ~alicy Manual.

I received the Hearing Gammittee's Summary of Evidence, findings of fact, Conclusions of

Law at~d Recaxnrnendation on December 9, 2q~3. i was unabls to schedule a meeting with the

hearing commlttse because afthe winter break, and the parties graciously extended the tithe

for my decision to permit rr►e this opportunity. On January ~3, 2014, pursuant to section

3.15.8 of the RE'P Policy Manu~f, X cn~t with: the Hearing Comnnittee ca clarify questions I had

concerning their recommendations.

Naw, as required by section 3.IS.8 oftl~e £t~~' ~'olicy Manual. T am providing the Governing

hoard with my recommendation regarding dismissal along with the Summary ofthe Evidence

and a copy o~the findings ~f Fact, Conclusions of Law and final recommendations of the

klearing Committee.

EXHIB,~'t

wir...~-_.--- 

-_----

nar~:.11:~l..

Mgeia F. Mlller, Rpp, CR '

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 55 of 88
Page 2

Based nn all o#'the information xaiferred to above and attaohed hereto, I accept the written

recommendation of the corr~znittee that Dr. Martinez NOT be dismissed. After consulting with

the committee I have determined that a lesser sanction authorized by the R.FP and within my

sale discretion as Chancerlor is appropriate and warrrxanted.

Attachments

cc: MCCCD Gover~n~ng Board Members

Mr. dim Bowers

Ur. Anna Solley

Mr. Pavneet Uppal

Mr. Steve Montoya

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 56 of 88
M A g i C d p A Rufus Clasper COMMUNITY 

CaLLEQ~S' ~~ancel{or

2411 W. 14tH SVeet, Tempe, Arizona 85281~b442 • 7480,731.87,00 F 480.731.8120 • r,giaspe~domaif.maricnpa.edu

~~b~~y 7 a, Zo ~ 4

Dr. Cleopatria Mat~tiaex

7030 fit. 21 ~` Street

Phoenix, AZ 85020

Re: Notion of Suspension without Pay

Dear Ar. Nlactir►ez;

Based upon the attached written s#atemenC of chaxges, T have decided to suspend dour employment under

my sole authori#y as Chanoellor pursuant to section 3.11 of the Residential faculty Policies, Th8 purpose

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

College will begin on Iv~arch 1, 2U14 and end on May 15, 2015. Your teaching responsikzilities and p$y

will resume fall semester, 2015 unless you chanse to retire (see below),

Having soughfi fihe advice of the General Caunsel as required by section 3.13.3 of the 12~~', T am satisfsed

that your procedural rigk~ts concerning the grounds for suspension have been met. The basis #'or this action

is the unanimous finding o#' an independent hearing committee that you wiflfirll~ viola#ed the district

policies set forth in tt~e staterraent o£ charges and that I have the authority to suspend your employment

without pay.

Aiso under the terms of subsection 3.11.3, the interim Vice Chancellor far Human Resources will offer to

consult with you {and the ~aevlty Association President, if you choose) concerning the rationale fox this

decision. ~f you accept his invitation, he will delir~ar this natiae and attaclzmcr►t after the meeting. Xf xou

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

with the policy.

Xou may voluntarily retire from yoar position yin lieu pfthis sus~pansion without pay. If you elent to do

so, you will remain an paid administrative ]save and be paid through May 9, 2014.

Sincerely,

Rufus Clasper, ~h.D., CPA

Chancello

,~J .. ~M1 /.f ._.r

/4. '-

Lee Combs

General Leg~i Counsel

cam; L?r. An»a Solley

Mr. Jim Bowers

e'en colleges nnd' tun efn72 centers dedicated to vtudent s+tccess.

Chandler-Gilbert i Estrella Mountain I Gateway i Glendale I Mesa I Paradise Valley I Phoenix

Rio Salado 1 Scottsdale I South Mountain I Maricopa Skill Center 1 SnuthWest SkiA Center

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 57 of 88
M A g I G Q P A Rufus Giasper cnnrtatuN~7x~ 

COLI.~GES Chancellor

241 X W. '14th Sheet, Tempe, Ariaona 85281-6942 • T 480.731.8100 • F 460.731.8120 r.glasper~domafi.marfcopa.edu

~~b~,~y i o, 20 i a

Dr. Cleopatria Martinez

7U30 N. 21" Street

Phoenix, A~ &SQ20

Re: Statement of Chairges

used upon the findings ofthe hearing committee which are sttaahed to this statement, and the record of

their proceedings, I have determirxed as follows:

Tn teaching your Phoenix Coflege mathematics students, you did not use a textbook. Instead, you prepared

your own course nnaterials you called your "lecture notes," copied them on khoeni~ College equipment

and at College ~xpensa, and dist~i.buted thenx to dour students wittzout charge, Zn preparing your rotes,

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

without amibution to, or pernaission of, the copyright holders,

~n ear3y 2410,1'hoenix College discovered that ypu mad ktave e~~osed MCCCU to liability far copyright

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

Gallege from the risk of liability, to Ap~i12Q10 President Salley zestricteci your copying privileges,

alEowing anlj+ those copy projects approved by your department chasr. You attempted to bypass these

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

investigation. The team, including yoar gvvn appointee, wnanimously concluded thgt your ►ecture notes

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

President Soltey considered this history, and on December 10, 2010 imposed ~ stricter restriction in

accordance wit}z the RFC'. She directed you to use only aaurse materials approved by the department, that

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

yo~irself. She also required that you provide proper aCtribution of authorship of the materittls 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 cop ;#o materials approved by your department chair

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

Xt~ concEuding her directive, Ur. Salley stated, "This direction is intended to cornmanicate job duties to

you vaithir~ the meaning of Governing Beard enc►ploy►nent standard A4.3. In accordance with that section

ofthe All ~rn~plo~naent Policy Manual, wi11fu3 and intentional violation of these instructions will be

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

Despite MCCCD's frequent discussions with you regarding the importance of complying with copyright

laws and the x3ecernber 9, 2010 directive, tau continued to attempt to ignore the

dixeative. At the beginning of the ~'a]120i2 Semester, you informed yow students that they ware not

required tp purchase a course t~~ctboa~C and that you would provide them with your own course materials

in lieu of a textbook. Tn violation of President Solley°s Deasmber, 2020 directive, you made copies at a

local Staples store of course materials that had not been approved by dour depar~menk chair, az~d

distributed them to your students for $11 per copy, payable directly #o ~rou. This distribution violated Dr.

St~lley's directive.

Ten colleges anr! hro slt~7l centers ~ticated fa student success.

Chandler-Gilbert I ~sUeila Mountain I GataWay I Glendale 1 Mesa I Paradise Valley I Phoenix

f~io Salado I Scottsdale I South Mountain I Maricupa Skill Center I Southwest Skill Center

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 58 of 88
Page 2

You decided unilaterally fihafi no district poticy required yan to comply with the job duties communicated

to you in writing by Dr. Salley, sa you vialated them. ~Sowever, her directive was issued under sactian

3.7.4 of the R~'P. This section authorizes a president to take "any appropriate aotinn" after receiving the

results of floe administrative review. ~u considering the appropxiate action, Dr. Salley re]ied an the aflvice

of expert counset to assess the risk of Iiability re~resanted by your behavrar, ou your docum~ntcd history

of evasion of her prior afforts to protect h~CCCD, and the unanimous report of the administrative

evaluation team. You did nit file a timely appeal or grievance seeking review of this directive.

An additional concern arose aver a student brought tha copying to pCs attention, complaining that you

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

fellows:

"1.12.2 Authorization

Prior to participating in the sale of products ar services, Revenue and Expenditure cate~nries must be

included in a prn~ 's b~dgeY, and approved b~ the Gove~rsing Board during Ede ann~~1 budget aclop~ion

process, or as legally changed during a fiscal year.

1.12.3 Fees

Fees exchanged for products ox serrrices produced thrnugke an educational, traizxing, or service aciavity

shall be pre-approved by the Governing hoard,"

Phoenix College determined fihat your course materiaEs charge was not included in tie adopted budget ar

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

.issue refunds to the students. hoar the unauthorized ahacge. You. reused, and offered no explaraatiAn or

justification of your decision to the hearing committee. '~'he hear$cag committee found your failure to

comply with the corrective action was in r+ioiation of Aclzninistrative Regulation 6.7.1 and Administrative

Regulation 6,7.3.

Therefore, far purposes of RFP Section 3.13, this letter will serve as a statement of charges that you are in

violation of Ad~~inistrative S~e~tt~ation 6.7.1 and Administrative Regulation b.7.3. In accordance v~+ith

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

committee's recommendafron that you should not be dismissed from employment. However, I believe

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

S inaerely,

~tufus Gtasrer, Ph.D. SPA

Chancellor

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 59 of 88
~,r BEFORE THE GOYEF.NINC3 BQARD OF THE

MARICOPA COUNTY COMMUIJITY COi.L~CiE D[STRICT

MARICOPA COUNTY COMMUNITY )

COL[.EG~ 17ISTKTCT~ ) C~EARINC} COMMI'ET~E

v. ) FINDINGS OF FACT, CONCLUStUNS

OF LAW, AND Ft,~~4MME~fDATIC?N

DR. CI.~UPA~R,FA MA.RTiN~,Z )

Pursuant to the Oatobex 16, 2013 Scheduling Clyder, having reviewed all of the garden'

~ pleadings and exhibits and conducting a hearing on November t 8, 2013, the Hearing Committee

(by m~jariry vote) hereby submits the fallowing findings of Pact, Conclusions off' Law end

~ Recommendation.

1

~~l1NGS OF FACT

1. After ha~viag taught mathematir.~ fait-ame far ten years st Denver Community

College,l7r. ~leopaMa Martinez moved to Arixoz~ and started teaching mathematics full-time at

j Scottsdale Community College on January I, 1985.

' 2. Dr, M.xctinez volunmrily trsnsf~rred to Phoenix Callegc ("PC"} in 1995 and has

~~

been teachizrg rnstltematies there full-time ever since.

'~ 3. ~ 1?r. Martunea e~octcd to voluntarily transfer tp PC because then were very ficw

~i minority students attending Scottsdale Commun9ty College, and she wanted, to nse her bilingual

'~ educacinn skills 9n the mathematics nlassror~rn to better educme khe large number of mino~ity

'•Y students attending 1'C.

a

`~ ~. Dr. Martinez was elected by her cnlleagucs to serve as the Chairperson of the

Mathematics~Deparhncnt of ~C from 2002 to 20U5.

i ~ S. Zn earIy 2010, PC disoover~d that D,r, ~leapatria Mertincz may have exposed

MCCCD to potential liability fox copyright infringement,

6. i?r.1V4artinez testif:ec3 lhat, curing her twenty~eight years of teaching cnathematfcs

in th'e MCCCD system, she and her colleagues in the Mathemst~cs Depaztments of both

Scottsdale Community Gallege and PC rau~tinety borrowed rnathernatics problems from other

mathcmatialans to use in their studmnt handouts far educatianal purposes on a not for profit basis.

7. I~r. Martinez testified, without rebutter, that this borrovvir~g of mathematics

emblems is a longstanding, widespread custom throughout the Distr~at and aCadomia at large.

8. Instead of regnjring her mathematics students to purchase textbooks, dr. lviartinez

` prepared her own courso mafiorials which she caf►cd her "Leciur$ Notes" end distributed them tq

4p8881 -1-

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 60 of 88
r

4

i

her students. MCCCD Exhibit List # 45 (Martinez 'Dcpo„ pp. 77;17-78: i S, 106:! d-108:16,

121:25~140:13,132:t6.137:25),

9. Dr, Martinez read the Copyright Act of 1476 and believed that it authozizod her to

use small portions of otbcr scholars' work under tF~ "Fair Use" doctrine because she was using it

anl~ for classroom teaching parposcs cm a not For pro5i basis end her use of the malarial did net

undermine the potet~tia! market for the athec scholar's work.

10. Per the "Fe~ir Use" dochine of the Copyright Act, the "uso ofa copyrighted u+ork .

.. Por purposes suoh as criticism, camma~at, news reporting, teaching (ir►eluding multiple copies

fur classroom ase), sahotarship, or research, is net an infringement of copyright:' 17 [1.S,C. §

107,

1 i , Dr. Martinez copied problems from copyright protected textbnoCcs and inscrtGd

them into her course rnatedals. MC~CD Exhibit t,ist # 4-5 (Martinez Depo,, pp. 106:16-

tOg:16).

i I2. Dr. Martinez, in her Basic Arithmetic (MA~'082) caurso, copied problems directly

frarn a capyrig~ted t,~xtbaak entitled "Basic Mathematics" and inserted them into her "MAT 082

Basic Arsthmetic Spring 2Q1~" enures materials which she distributed to skudents. MCCCD

Bxhib9t List # 20 (FuI!-Srzed Excerpted Comparison).. Sha did not se~afc or obtain pettnission

from the copyright holder.

h+

l3. Dr. Martinez also copied problems directly from the Sullivan & Sullivan

"Precalculus" t~xtboak and inserked thorn into her "MATt 82 TrIgonnmetry Spring 2010" course

materials. MCCCD Exhibit Y.isk # 22 (E'ull-Sizxd F~ccerpted Camparisaa}. Slu did net seek Qz

obtain permission from the copyright holder.

1

i 14. Dr. Martiacz did not require her students to purchase textbooks in her Spring

MA.T082 Course. MCCCD Exhibit List # l3 (email &orn ~7r. Mardaez stating "I indicated an my

syllabus that, instead of a published textbnok, [was using lecture motes in my MA7'48~ class.")

1 S. Dr. Martinez did not require her students to purchase textbooks in her Spring

MATI$2 Course. S'ee Dr, 1Vtartinez's hegring lesdmnny {cnnaeding that students were not

rec~red try patcha~ a t~tthvok is her Spring 20l fT MAT l 82 course).

l ~. Qn or around ,~anuary 12, 2010, MCCCD's Vice President of Aeademio Services,

Ronnie Elliot, sent Dr. Martinez as smelt notifyiung her that there were alleged copyright related

problems witri the materials she had printed for the Fail x009 and Spring 2014 semesters.

MCCCD Exhibit [,isk # 23 (,~anuary ]2, 2010 entail). The materials is question were packets o~

course materials for I7r, Msrtinez's MAT~82 and MAT187 courue~ and contained mathematics

problems and ~apt~s that were talcea from copyrighted textbooks, MCCCD 8xhi6it List # 1 i

(~2onnie ~Iliot Decl~radon, Q~$-9); MCCCD Exiubit List # ! G (MAT182 course packet);

MCCCD Exhibit List # 7 (Senn C3arrisnn October 28, 2010 Memorandum).

l7. Dr. 11~artincz used three of the four packets of "lecture notes" in the Spring of

2UI0 in two pre-caicuIus classes. See District Lxhibit b, parts 1-~,

AQ66$1 -2-

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 61 of 88
18, 'I'!~ MCCCD adminispration, following Vice President $1~ioYs email, r~peateti}y

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

copyright protected mati2tmatics pzubla~ns fmm her materials. Sce [Cak~r Hearing Testimony.

t 9, On January 26, 2010, Vice President Biliot sent Dr. Mart9nez an email nuilinti~g

MCCCDrs concerns regar~ng Dr, Martintz's potcntiai c+aA~'right iufringsment, MCCCD

Extubit T~ist #~24 (January 26~ 2d10 emgil).

20. (7n January 28, 2010, MCCCD in-house~cowisel Margaret McConnell discussed

copyright compliance write Dr. Martinez telephanicall~. MCCCD Exhibit List # 25 (January 2~,

20IU email).

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

sessions noted above.

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

doctrine, someone could lawtt~lly aopy from a copyrighted textbntik without either using or

purchasing the textbook.

~3. bn February S, ZOiQ, Yice Prosidcnt of Acactenn3c Aff'atrs Calandra Kakar,

Interim Vicc president of Administrative Servicos Paul DeRose, and Dc. Martinez mgt to discuss

Dr. Martinet's alte~ad misuse of ~apyrighted materiels. ~vICCCa ~Chibi# List # 26 (February

1 Z, ZO 1 U email}.

24. Dr. M~rtinaz has not d any of the four sets of "lectwe notes" sine trie Spring

of 2010 whezi PC fast raised its concerns regarding the Hates.

25. On April 15, 2410, PC Librarian Ana Roselle conducted a personalized nne-onone copyd$lit ri'aining session v+rith Dr. Martinez. MCCCA E~ctu'bit List # Z8 (Copyright

Ao~uverPnint I'resantatlon). Sep else, Kakar fearing Tesgmony.

26. When Dr. Martinez met with the Librarian, the librarian told Dr. Martinez that Dr.

Ivtartinez knew as much about copyright law 2~s sho did. Sep Martinez Nearing Testimony,

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

required to subunit her copy. rer}uasts to Mathetnatias Department. Ch~irpersop Mr. Sueyoshi sir

triat Mr. Sueyoshl could review her materiels far passible Copyright viola~ons prior to copy€ng

and distribu#inn to students. MCCC.D Extubit List # 8 (April 2, ~p10 Directive).

7.8. Dr. Martinez sought and obtained a forrn of written peimissinn from the publisher

of the textbook, Styliivan 8e Sullivan's "P_ rec~Icultts," to copy Materials from their boob after PC

accused bcr o~'violat~ng cQpycight law,

29. On nr around April ~ 9, 2410, Dx. Mmrtinez attempted to bypass the copying

restrictions by having an adJuncc ;mathematics ProFessAr~ Johnny Sant~llan, make 24 sets of

copies of her "Lecture Notes" for distribution w her mathematics siudepts r+vithout obtaining

prior approval from the Mathematics Dept~rtment Cha9rpersoa MCCCD ~Chibit ~.ist q 12

`~ (Sueyashi T7~oL~'~9}; MCCCD exhibit List # 4-S (Martinez Depo., pp. ?.23:i 1-22a:21).

aoses~ -3-

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 62 of 88
30. Because Dr. Martinez did not feel she was able to obtain reliable guidance

regarding copyright cnmp~fe~ace from the District, she sought ad~uice from a private intellectual

t property attamey regarding tha issue, Mr. Frederic Bellamy.

3 ] . Mr. ~cl}amy reviewed the f3rsi two sets oP Dr. Martinet's "lecture notes" a►nd

concluded that they did net violate copyright lary because tk~ey #'alI under t}te "Fair Use" doctrine.

32. Mx. Heflamy based his cotfClusian that Dr. Martinez did not violate capyright law

on the opinion that the portion ofmaterial that Dr. Martinez copied firom the Sullivan &Sullivan

I'cecatculus textbook wee very small. that she used the copied materials exclusively ~'or

educational ppr~wses without any profit motive, that the content of the copied mater~at consisted

of matt~matics problczns that are arguably not subject to copyright in tt~e first place, and that tho

t ~ small portion of the textbook that Dr. Martinez copied did oat ~dv~rsely impact the potential

cnarkat for the textbook.

33. At the hearing, another lawyer praatiaiag in tt~e area of intellectual propariy law,

Sean Garr~san, testified on behalf of pC. In contrast to Mr. B~I~amy, Mr. Garrison testified at t}ie

henxing chat the first ttu~co sits of. Dr. Martigea`s lecture notes violated eoQyright law.

34. ~n contrast to his testimony at the hearing oP November 18, 2013, in his written

report Mr. Gerriaon concluded arily that the first three sets of Dr. Martinet's lecture notes

subjected the Dista~ct "to a serious risk of a~copyright rnfringement claim" See District Exhibit

6, p. OQQ2.

} 3S. MCCCD invited Dr. Martinez to a copyright workshop that was held an Maroh 1,

201 U at PC. Dr. Martinez chose net to attend the wnrkshnp. MCCCl") ~7rhibit ~.ist ~ 1 Q (Solley

j Decl., ¶11).

36. PC President Anna Salley, on Decembor 9.2010, concluded that Dr. Martinet's

alleged misconduct posed an unaacspta~ble legal risk of a aapyrig6t infringement claim and

imposed restrictions oa Dr. Martinoz's photocopying privileges. MCCCl7 Exhibit List # 10

(5olley Decl.; ~(y2).

37. MCCCD sou$hk s legal apiruian from ~n outside copyright expert, att~mey Sean

Garrison. MCCCD Lxhibit List # IO (Solley Deel., ~ 14); M~CCD Exhibit List # 7 (Sean

garrison October 28, 2010 Mema).

38. Aaeording W Mr.;C}arrisan, the third set t►f "lecture notes" appeared to have 13

mathematics,problems copied from two other mathematics textbooks.

39. Mr. G~rrieon teskified that he was certain that Dr, Martinez has committed

copyright iw~fringoment. See Garrison Heating Testtrnony. In reaching this conclusion, Mr.

Garrison reviewed thousands of pages of materials including nearly 3U0 pages of Dr. Martanez's

lecture notes and three separate copyrighted mathematics textbooks, MCCCD Exhibit Lost # 6

(Scan C3arrison Apri119, 201 ~ Report}; see also Garrison Hearing Tasdmony,

~0. In reliance upon Mr. Garrison's recornmcndatians, PC President Anna SoUey

issued a Decexpber 9, 201Q directive drat imposed further rastrlctions on Dr, Martinoz's copying

aosssa -qCase 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 63 of 88
privileges. MCCCD Exhibit List # 4 (December 9, 20IQ Directive); MCCCU Exhibit List # iQ (Salley Uecl., q15).

i

41. `The becemb8r 9, ZO10 Direaiive prolubfted Dr. Martinez from uta~izing eny

course materials of hex ovm creation. MCCCD Exhibit T.ist # 9 {December 9, 2010 Directive), Instead, Dr, Martinez was required to only usa course m~teclals that are "approved by the matherpatics departmenN~ Ox that ar8 "available in the ~7pOkStpTe fpr sale to studcgts and t~rat afe authored by persons other than [1~r. Martinez]." MCGCD Exhibit X.ist ~l 9 (December 9, 2010 Direcd~ve):

42. Tho December 9, 20y0 Directive further required Dr. Martinez to submit her •~ phatnaopy regtt~sts to the Mathematics Department Chair fnr his approval. MGCCD Exhibit I~ List # 9 (December 9, 2010 Uireativc).

43. Despite MCCCD's frequent discussions with Dr. Martinez regarding the importance of complying with copyright laws end the December 9, 2010 Directive, Dr. Martinez contiiaued'to attempt to ignore the directive. See Kakar Hearing Tast~mony,

~~ 44, At the beginning of the Fa112012 semester (on or about August 21-23, 2Q12j, Dr. M~artiaex infarrrted her students that they were not required to purchase a cnurs~ tc+xtbaok ar,d

that she would provide them with her dwn course materials in lieu of a textbr~ok. MCCCD '{ Exhibit List # 4-S (Martinez Depa., PP. X32.19-2 3,21.

.,~

45. Tn fall of 20T2, Dr, Martinez sought W have ker teGture notes photacopicd off

eampus at a nearby Sc~:ples store. 'This pract~ee is irsannsistent with the I7ecrmb~r 9, 2010

Directive. MCCCD Exhibit List # 9 (December 9, 2010 L?ireotive), MCCCT7 exhibit C,ist i~ 45 (Martinez DePo•. pP. 232:19-233:2I).

46, Ax, Martinez did rtat subtxuit her Fall 2012 matari~ls to Mathematics Depardnant

Chairperspn .Mc, Sueyoshi for apprcrvaL MCCCD Exhib9t List # 4-S (Martinez Depa., pp. 232:19-23:21).

~7, Dr. Martaaex made copies of her Bourse materials at an off campus Staples store

and distributed them to stud~nt~ For $11 per Copy. MCCCD Exhibit List ~ 4-5 (Martinez Depo.,

pp. 232:19-233:21).

4$. `The $t 2 course meterisl ~'ee was paid directly tq Y?r, Martinez by studeytts.

MCCCD EXhibit List # 4-S (Martinsx Depo,, pp, 232;19-23:21 }.

49. PC accused Dr. Martinez of violating the Uistrici's "cash hauclling" rules by distributing tbcse course materials to her students if the students reimbacsad her for her out-afpncket copyipg costs.

S0, PC aubsequentiy claimed that Dr. Martinez violated the DistricNs "cash handling"

~soSicies by seeking reirnbursomant for the copies.

Sl. MCCCD's policies proht'bit instructors from tiavi~g "any financial interest in or receiving) cdrnptnsation from the sate of any unpublished 9nsM~ctional materials requiTCd or

408884 -SCase 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 64 of 88
suggested far a Blass that the insiriiotor teaches." MCCCD Exhibit List # 41 (Residential Faa~lty

pO~ICltlS~ ~~Z~4~.}.

52. Dr. Martinez failed to foUaw the prot4cal set forth in the llecember 9, 2010 Direcrive in eops►ing her Fa112012 Bourse materials. MCCCD Fachibit ~.ist # 9 (December 9, 2410 Directive), MCCCD exhibit List # ~-S (Mariiaez Depa,, pp. 232;19-233.2!},

53. Dr, Mardncz d:stributcd cawrse materials directly to students in har ~sll 2012

MAT i 51 class. MCCC~7 Exhibit List # 9-5 (Martinez Depa. pp. 22:19-23 :21).

Sal. The MCCCD Administration learned of Dr. Ma~.inez's unauthnrizcd dishibution of course materials to students after one of Dc. Martinex's MAT15l students complained to Matl~ematiGs Department Chairperson Mr. Sueyoshi, The student cnrnplained that br. Mardinez

refl~sed to pxovide hex with a receipt for the ptachasad coarse materials. Sec Dakar Hearing Testimony.

55, ~7pon learning that Dr. Martinez had disGributecl course materials to students allegedty in violation of MCCCD's cash ha~ndlin~ policy, President So11cy instructed Martinez to irnmedigtely issue refunds to h~cr students via personal check. MCGC'D Exhibit Cast # ~ (October

18, 2012 Counseling Notice), see also Kakar Roaring Tesrimony.

S6. 0n or ground Octobor 18, 20y2, President Solloy ar~d Dr, K~lcar met with Ar. Martinez to explain the seripusness of Dr. Martinex's alleged oesb handling violation. MCCCD Exhibit List # 3 {Qctn6~er 18, 201 Counseling Notir~8); see also TC~.k~r fearing Testimony. Tn addition. President Sa11ey and Dr. Kakar p~Gparod a written couaseli~g memo dat~cl Ocw6er t8

20 t 0 for I)r. Martinez regarding her alleged +rialaaon of cash handling rules. Dr. Martinez was

provided with a copy of the October I $,. 2Q 10 counseling nodce and President Supey proceeded

to explain to Dr. Martinez the ser~ousnes~ of the alleged cash handling vialaUtms and ttte

requirement that Dr. Mnztinc^~ issuo roimbursemonts to her students. MGCCD Exhibit ~.ist # 3

(Octobex 1 ~, 2012 Couxtselkng Notice); see also Kakar Hearing Testimony.

57. Severe! months later, on or around January 9, 2013, br. YCakar teamed that most

{jf not all) students had not yet recoivtd refunds fram th$ Dr. Martinez. 1V[CCCD ~~chiblt List #

39 (varioas emails ~regardisag student refunds). As a result, Dr. Kakar instructed Dr. Martinez to

provide ~npies of refund checks by January 18, 2013, MCCCD Bxhibtt List # 39 (various emails rtgarding student refunds).

58. Dr. Martinez failed to product a atingle refund check b~ the January 18, 20 3

deadline. MCCCD exhibit List # 39 ('various emails regarding student reliunds~.

59, Dr. Martinez did not thintc that ahe had viol~tsd any District rule in reforance to the copies, Tbere£ore, she declined to follow the Ucoe~nber 9, 2dIU order because sbe believed

she was not required to da sa under any District rule,

60. At the November 18,.20! 3 hearing,. I7x, Martinez did not pzovida airy explanation

for her reCusai to cnmpiy with tote October 18, 2412 and January 9, 2013 directives to issue

,: refunds to bar shadcnts. See Martinez T-learing T~sdmony.

` aoese~ ~ -6-

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 65 of 88
61. At ,tha hearing Dr. Mart9nez testified that she had made a "mistake" and, en zetraspect, sboaid have aamplied with President Solley's instructions, See Martinez Hearing ~'estimony,

62, On ar around August 9, 2013, MCCCD Chancellor Rufus Clasper sent Dr. Martinez a letter fnfgrmiag hor that MCCCD was pmcc~din~g with termination proceedings. Included with'this letter was a statennent of.charges that siun~marized the particular vialadons Dr. Martinez had been chairged with (hereinaRer referred to as "Stettrasnt of Charges.") MCCCI? exhibit List # 1 (Statement of Charges).

GON~US[ONS

63, PC #'ailed w carry its burden of pruaf relating to violation of MCCCD's cas}~ handling rules found tan MCCCD Administrative Regulations 1,17, violation of Ctosideatis) Palicy Manual 3.2.4 (relafang to ~nanci~l interests in unpubkished materials), rnolation of U.S, Copyright T.aw ttr~ci fair use $~idelines~ and vialat}on o:F Pv1CCCD Actzt~inishative Regulations 3,2.4 and 3.2.5 rclnted to c~apyright re~ulacions.

b4, Notwithstanding their education, their cxperience~ aztd their good faith, Mr, Bellamy and Mr, Garrison disagreed as to whether or not Dr. Marpinez violated copyright law. Therefore, it is inconclusive as to rvhather Dr. Martinez intaAtionntly and/or inadvertently viotated federal nopyright law.

` 65. Ct £s inconclusive ns to whethor or not Dr. Martinez violated the "Dash handling"

~ policies ofMCCCD.

' G6. br. Martinez willfully and intentic~all~ failed to follow instructions that were communicated to her when she failed to issue refunds to students as directed by President Sptley.

6'l, Dr, Martinez conceded that she never complied with President Solley's clear directive to issue refunds to hnr students, Alttaough Dr. M~rtincz new regrets her decision not to comply with President Sotley's directive, she has newer claimed Wet she did not understand the instructions or that the instcuations wane beyond the scapc of manag~mant's authority. Viewed in light of these fact, Mastinez's claim that she "mado a mistake" is an admission of willfial insubordination.

6$, ~y failing to comply with Preaidant Sailey's directive to issue refunds to her students, Dr, Martinez violated MCCCt~ Admuus~rative Regulation 6.7.1 which prohibits the "[w]illful and intcntianal violation of any...1~tCCCD admu►istcativa regulation that affects the employee's ability to perf'orm his or her jab."

69. By failing to comply with President Sotley's directive to Issue refunds to students, Dr. Mart}nez violated MCCCD Administrative R~gul~tion 6.7.3 which prohjbits the "~wjillful end intentional fai(we to perform job datie~ that have first been commtu~icat~d to an employ~c and are within the emptayee's scope of e~nptayrnent."

///

4a688f -~~

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 66 of 88
R~CQ Nb~k.'L'IUN

70:. 'W`e h~xeby. recammcnd that the Ciov~g ~uart~ deny resident Sollcy's termination request ancC~lC~,vu Ds: Iwi~cgnaz to~~continuc:her. McGGti emptvymcnf.

71., Pax MC~.CD aldininis~af~ue Regulation 6.x i~idiaatir~g .that rrinlation of any ~nplr~yment ~tandards~'~cansh'fiites ,~xnunds: for, disaf pluiary' action, up to [amptiasis 'adilec~] .anc~ incladifig tcrmilnat3ism ' { !fie. fi~~~by~ svcurtsme~d that t~ C~4verning Hn~.a~ct retaip 17r.. Markin~ex.

It~is or~'ets~xt~ ~,.akMcss;.~r1'z4rr~, ~iis 9tf~ day ofl~ecrnkarr 2U~3.

.......'2.~..,u' 

Dr.I~c ~~i"~' Ulu p~

Chair~xersan.

C7n Boha~lf aF tha ~Teraring; Cosnmiftee~,.

Dr. Nbi~ Ryes and I~. ~srlo~ ~air~:

496$1

1

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 67 of 88
3,10.x.

3.10.4.

3.1x.5.

Not later than March ist for all members in Probationary status. By October ~~ of the fourth aid Rfth academic years, the Proba~onary Faculty memk~er should be advised in wrl~ng, by the Department/pNision Chair or appropriate Vice President, or Vice President's designee of any deflclencies whfd~► may, if uncorr~c~ed, result in non-renewei of contract, and the ProD~tlon~ry member shall have the remainder of khe academ►c

year tq address said deflciencles.

3.10.x.2.

Fifth-year t~rnbationary members wi(i be notified 1n wriking of any deficlendes ~ris~ng after October 1'~. The proba~onary period may be eyctended one addltfonaf semester for the affected Probatlonary member

per Secfilon 1.2. failure of the Probationary member to correct said deficiendes in the additional semester wil! result in their non-renewal ~t the end of that semester.

Within fourteen (x4) days of the receipt of the Chanr~eUor's note of Intent to recommend nonrenewal, the member shaft, upon request #o the Chancellor, be orally advised aF the reasons thaC contributed to the decision to recommend nonrenewat of employment. Such advisement shall be given by the appropriate College president within fourteen (14) days of receipt of the Faculty member's writtQn request.

Within fourteen {Y4) days of the CAllege Pre5ldenk's advisement of the reasOnS Por nonrenewal, the Chancellor shall honor the Faculty member's writken request to the Chancellor to eonfirm, in writing, the reasons given in advisement of nonrenewaf. Such written ~nflrmation shall be delivered to the member's place of residence wa certified mail, registered mail, or personal service within foutkeen (14) days of the Chancellor's receipt of the request.

'The process referenced here above shall be completed prior to an~ nonrenewal r~commendatlon to the Governing hoard, for actEon prior to April 30 .

3,11. Suspension of a Faculty bte~her

3,11,1,

3.13,.2.

Upon a written statement of charges formulated by the Chancellor, rharging a

Faculty member of the MCCCb, the Chancellor, pr his/her designee, may immediately suspend the Faculty member and give notl~e of suspension. At the option of the Faculty member, the MCCCD vacuity Association President wii! be notifet! of this action,

The notice of suspension shall be in writing and ~~ served upon the Faculty member, personally ar by U.S. (registered ar cer~fied) mail, addrnssed to the Faculty member at hlsJher place of residence as recorded In the MCCCD records.

RfPPolicy Manual W22~ Effective September 1, 2013

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 68 of 88
3.11,x.

Any Faculty member who has been suspended pursuant to this Section will

normally ba paid his/her regular salary during the peHod of suspension. A

suspension without pay will occur only upon advice of GeneraE Counsel. If

payment is to be withheld, the Vice Chancellor of Numan Resources will flrsk

consult with and advise the member and, at the option of the faculty member,

the vacuity Assacia~on President rega~fing tie ra~onale for that anion.

3,~2. Administrati~~ Leaves of Absence

3.i~.Y. Criminal Complain#

3.12. ~..i.

Tf a faculty member is charged by criminal complaint, informatlon, ar

indictment with any criminal offense, which would be cause far dismissal,

the Chancellor or designee may immediately piac~ tt~ member on

compulsory leave of absence for a period of Cime extending for not more

than ten (~.0) days ~fker the date of enCry of judgment to the

proceedings,

3.12.1«2,

Pay during this period will be based on the same consideration as in

Section 3.13,x.

3.i~.x. Gamplaints--ether Than Crtminat

3.12.2.1.

The Vice Chancellor of Human Resources may, if it is appropriate, place a

Faculky member nn paid administrative leave of absence. At the op~on

of the Faculty member, the 1NCCCD Faculty Association President will be

advised.

Pay during this period will be based on the same consideration as in

Section ~.1~..~.

3.].3. ~acui#y Member bismissal—~rab~tianary and Appointive

A Faculty member who is recommended, by the College Pr~.sident, through the

Chancellor, to the Governl~g Board, for dismissal shall have access to the following dueprocess procedures.

3.13.1.

A~ written Statement of charges, formulated by the College President, shall be

forwarded to the Vfce Chancellor of Muman Resources. After review oP the

charges, the Vie Chancellor, in consulkatfan wiCh the MCCCD Legal Office, may

recommend, Co the Chancellor, that there exists prima fade cause for the

dismissal of a Faculty member, The Chanceli4r shall inform the Governing Board

In wr~Cirx,~, with a copy of the recommendation besng sent (U.S. c~rtl~ed or

registered mail) to the Fatuity member at his/hsr place of residence as recorded

in the MCCCD records. "fhe Vfce Chancellor's recommendation will give notice to

the Chancellor, Governing Board, and the Faculty member of the inCen~on to

forma{ly recommend dismissal, which shalt not be sooner than thirty (30) days

from khe date of khe lekter, nor later than the end of the +current academic year.

RFPPotEcy Manual -~3-

~ffeckiv~ September 1, 2Q1.3

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 69 of 88
Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 70 of 88
From: Lee Combs <lee.combs@domail.maricopa.edu>

Sent: Monday, February 10, 2014 11:26 AM

To: Steve Montoya

Subject: Re:

I will let his assistant know you watat to meet and she will be in touch.

O~~ Mon, reb l 0, 2014 at 11:22 AM, Steve Montoya <stepl~en(a)monto al~wgroup.com> wrote:

Lee,

Yes, we would like to meet with the Vice Chlncello~~ to discuss any proposed sataction against Professor

Martiner.,.

'1"hank you.

Stephen Montoya

Montoya, Jimenez &Pastor, P.A.

3200 North Cezatr~l eve., Ste. 2550

Phoenix, Arizona

602-25C-0714 (phone)

602-256-<>C67 (fa~c)

On Feb 10, 2014, at 9:15 AM, "Lee Combs" <lee.combs c<<domai1.t71117C0})ii.edu> wrote:

Tlie Chancellor's assistant, Linda Back, informs nae that the decision tc~ accept tl~e

recommendation of the hearing committee should be in everyone's inbox this mozning.

7'lie Chancellor decided that suspe~~sion is appz•opriate based on the committee's finding of a

willful policy violation. Your client has an opportunity under the }procedure to meet with the

VCHR to discuss tl~,e t•ationale for this decision before it is delivered, if she wishes. Please

consult leer and let me know,

` A'.'

~ r~. ~f}

~~ Ma ~ ~Y yi~ Y~y Y . ~ y

~C~ ~MOM~~~ w.

On Ivton, Feb t 0, 2014 at 8:59 .F1N1, Steve Nlo~itoy~l <ste~hen ~r)monto ~lla~.v~.;r•oup.com> wrote:

Lee

'Che Chaz~cel(or's decision is past due.

When eau we ex~~ect it?

MCCCD/Martinez 01165

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 71 of 88
Stephen Montoya

Montoya, .Timenez &Pastor, P.f1..

3200 Noz•tli Central eve., Ste. 2550

Phoenix, Arizona

602-256-6718 (phone)

602-256-6667(iax)

On Feb 6, 2014, at 3:25 PM, "Lee Combs" <lec;.coialbs cr,doaxaail.maricop~.edu> tivrote:

I am informed tl~e Cha~~cellor has reached a decision on the hearing committee's

recommendatio~a that he intends to announce today or toznoz•row. There may be

additiozlal connmunications to follow, and I will keep you infoi7ned as these

come out.

On Mon, Feb 3, 2014 at 11:58 AM, Steve Montoya

<stephen a,inontoLalaw rrc~up.com> wrote:

Lee,

What is the status of Processor Martanez's case with the Chancelloz•?

Please let me know.

T'hanlc yott.

Steplle~~ Montoya

Montoya, Jimeiaez &Pastor, P.A.

3200 Noxth Cealtral Ave., Ste. 2550

Pho~ni;~, Arizona

C>02-256-0718 (phone)

602-256-6667 (fax)

u .__.. __.____._._.._....--~--

I.,cc C:nmbs: (:icneral Counsel

7d I I Wc~t 14th ,SU•ecl,'I'cmpc A/., 852R

i~hunc ! ,180-731~S87ti ~ lii~: ; =1R0-7;3.1.-~SIO

rnr,il'lee.e:oiiih~!rr,~dwi~~iihn.iricut>,i.eilu

2

MCCCD/Martinez 01166

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 72 of 88
-- . ~ _ - ._..-- -.- -_. _.. _.._ -- 

Lcc Combs: Gcncrai Cuwiscl

241 I Wcst 14th Strect,'I'cmpc,1L b5281

phone j dRU-731-887R • G~~ ! d80-731-8390

:~m;iil ; lcc.comhsfrr~cl<~m_iil.mnricn m.cdu

MCCCD/Martinez 01167

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 73 of 88
Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 74 of 88
Subject: FW: Meeting; Cleopatra Martinez

From: Steve Montoya <steph.en~)montoy~law~roup.com>

Date: February 24, 2014, 3:5$:08 PIv1 MST

To: <darlci~e.11G'W1T1~1(1~ (~0171111.11111'1CO~c1.0CIlt>

Ce: "Uppal, Pavneet" <puppal cr,laborlawvers.com>, <lee.cornbs(u),domail.maricopa.edu>, Diana Davidson

<diana.d~vidsonndomai l.marico~~a.eciu>

Subject: Re: Meeting: Cleopatra Martinez

Ms. Newman,

Unfortunately, Dr. Martinez h.as had a sudden medicll issue that Y•equires that she meet with leer

physician tomorrow afternoon.

We consequently need to reschedule her appointment wzth tl~e District presently scheduled for

tomarraw ~ftcri~.00n at 2:00 pm.

Stephen Montoya

Montoya, Jimenez &Pastor, P.A.

3200 North Central Ave., Ste. 2550

Phoenix, Arizona

6Q2-286-6718 (pl~o~ie)

602-256-0667 (fax)

On Peb 19, 2014, at 8:35 AM, "Darlene Newman" <darle:~~e.new~na~a{ir)donaail.maricvp~.edu>

wrote;

Thank you atl for reserving time for this i~~ceting. I any confirming this meeting

for Tuesday, 2/25 @ 2:00 ptn. If there axe any changes, please advise us as soon

as possible. As of right now, the meeting will be lacld in fhe District Office, 6th

floor, L,ebal Conference Room. (2411 W. 14th Stz•ecC, Tempe).

Thazzl<s !

Daz•lene Newman

480-731-8 t 19

Oc~ Mozi, Peb 17, 2014 at 5:17 T'M, Uppal, Pavneet <~uppal(~~laboi•I~wyei•s.co~ra>

wrote:

Ms. Newman,

i represent the District in this matter and Mr. Montoya kindly forwarded your

email below to my attention. I am available on:

MCCCD/Martinez 01168

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 75 of 88
• Wednesday, 2/19 @ 2:00 pm

• Tuesday, 2125 ~a 2:00 pm

Please let me know once you have scheduled a date for this meeting,

Best regards,

Pavneet Uppal

Attorney at Law

puppal@laborlawyers.com (O: X6021 281-3410

201 E. Washington Street ~ Suite 1450 (Phoenix, AZ 85004

Ail New Content: "One Day, Many Solutions: Employment Law Coast to GoasY'

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solely (or (he use o/ the addressee. if you are not the intended recipient and have received this message in error, please noti/y us at

postmaster(a)laboda~e~s.com and please delete this message from yoursystem. Any tu~aulhorizod reading, disUibution, copying, or oft

use o(this message or its attachments is strictly prahiUifed.

_ ... .

From: Steve MonCoya [mailto:s~hen~montoyalawgroup.com]

Sent: Thursday, February ].3, 2014 11:03 AM

To: Uppal, PavneeC

MCCCD/Martinez 01169

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 76 of 88
Cc: Iee.combsC~domail.maricopa.edu

Subject: Fwd: Meeting: Cleopatra Martinez

7 think you slaould have been included in dais e~~ail Pavneet.

Stephen Montoya

Montoya, Jimenez &Pastor, P.A.

3200 North Central ~1ve., Ste. 2550

Phoenix, Arizona

~' (02-256-6718 (phone)

602-256-6607 (fax)

Begin forwarded message:

From: Darle~ie Newman 

<darlene.zaewmtln(c~domail.maricop~t.eclti>

llate: February 13, 2014 at 10:20:02 AM MST

To: stephen(7montov~1lawgrouLcom

Cc: James Dowers <james.bowers a domail.max•icopa.edu~, Lee

Combs <lee.combs a dom~il.maricopa.edu>, Diana Davicisan

<ciiana.davidson a domail.znlricopa.edu>

Subject: Meetixzg: Cleopatra Martinez

Reply-1'o: darlene.newman a clom~iil.maricopa.edu

Gnod day Mr. Montoya:

I'ez• your email stateanent to Mx•. Lee Co~~~bs, Legal Counsel at

Maricopl Community Colleges, C Rave called to set up a nneetin~

with you, Cleopatra Martinez, James "Jim" Bowers, Interim Vice

Chancellor for Human Resources and Lee Combs.

After two telephone calls, I thought I would follow-up with this message to

schedule this meeting. Below are some suggested dates and times for this

meeting. Please let me know what days and times are suitable for you and

will confirm this meeting.

look forward to hearing from you soon.

3

MCCCD/Martinez 01170

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 77 of 88
Thanks!

• Tuesday, 2/18 @ 2:00 pm

• Wednesday, 2/19 @ 2:00 pm

• Tuesday, 2/25 @ 2;00 pm

• Wednesday 2126 at 2:00 pm

Darlene Newman: Administrative Assistant to the Vice Chancellor for Human Reso~

"Leaders instil! in hh~ir people a hope for success and a belief in themselves. Positive

._.._ ...---•.-.__._-_. people to accomplish their goals. " ~Unknvwn

~, 2411 WesC 14th Street, Tempe AZ 85287.

phone ~ 480-7 1-8119/8753 a fix ~ 480-731-8120

rm~~ii ~ dari~ne.newman@domail.maricopa,edu

~vebs(lc ~ www.marieopaedu hr

We are HR ~ ONE MARTCdPA ~~ Maricopa HR

Darlone Newman: n<hninisu<~tive Assisttint tip the Vice Chanccilor tier Flumun Resources/1112 Solutions

„1.a« ~ku•s instil! i~r Nreir pvoplr a Aupe Jnr• strcce,uti• cu+d a helii~/'in lhcnreelrc.r. Pua•ilive leui(c r.+~ einpo,v~r people to accr~r,

—• _ ..____._.__.__. gnats." —Unknown

241 I Wcst I~tth Strecl, "1'cmpu A"/, 85281

~,hunc ; ~ISU-?31-81 19lR753 • i ii: ~ 4R0-731-8120

cm;~il ; ciaricnc.~~c~~mcm{~i~.ilomnil,maricu a o~1u

~~~hsitc ~ www.m~iric~~a.cdii/hr

~Vc:~re IIR • O~I.s A9r\I2IC01'~1 ~ \9uricopa Irli

4

MCCCD/Martinez 01171

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 78 of 88
Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 79 of 88
Subject: ~W: Meeting: Cleopatra Martinez

From: Uppal, Pavneet

Sent: Monday, March 3, 2014 1:45 PM

To: dariene.newmanCa~domail.maricopa.edu; Steve Montoya <stephen(~montoyalawQroup.com>

Cc: April Rall <april montovalaw~roup.com>; Diane Davidson <diana.davidson@domail.maricopa.edu>; Lee Combs

<lee.combs domail.maricopa.edu>

Subject: RE: Meeting. Cleopatra Martinez

Thank you Ms. Newman.

Pavneefi Uppal

Attorney at Law

puppal@laborlawyers.cam ~ O; (602) 28~-3410

2Q1 E. Washington Street ~ Suite 1450 ~ Phoenix, AZ 85004

Aii New Content: "One Day, Many Solutions: Employment Law Coast to Coast"

March, April &May 2014 Seminars coming to a city near you!

Visit www.laborlawyers.com/2014seminars

vCard J Bio ~ Websike Representing employers nationally in labor and employment matters

Atlanta ~ Baltimore ~ Boston ~ Charlotte (Chicago ~ Cleveland ~ Columbia ~ Columbus ~ Qallas ~ Denver ~ Fort Lauderdale ~ Gulfport

Houston ~ Irvine ~ Kansas City ~ Las Vegas ~ Los Angeles ~ Louisville (Memphis ~ New England ~ New Jersey ~ New Orleans

Orlando ~ Philadelphia ~ Phoenix ~ Portland ~ San Antonio ~ San Diego ~ San Francisco ~ Tampa ~ Washington, DC

This messoge a~igin~tes /rom thQ law (irm of Fisher &Phillips l.LP and mey contain legally privileged and ronficfential infornr7lion intended

solely (ar fhe use of the addressee. It you are not fhe infendec! ~ecipiont and havQ roceivocl thrs message in error, please noti/y us at

postmasloifa~labnr/awvers,com and please delete this ~»essac~e from your system. Any unauthorized reading, dist~ihution. copying, or other

use o/ this message or its altachmenfs Is sMctly prohibited.

From: Darlene Newman [mailto~darlene newmanC~domail.maricopa.edu]

Sent: Monday, March 03, 2014 12:49 PM

70: Steve Montoya

Cc: Uppal, Pavneet; April Roll; Diana Davidson; Lee Combs

Subject: Re: Meeting: CleopaCra Martinez

Mr. Montoya: We con.6rrn this meeting and details are as follows:

• llate: Friday, 3/7/20]4

• Time: 2;00 - 3:00 pm

• Loc~~tion: Jim .Bower's Offzce, Maricopa Community Colle};e District Office,

0 2~ I 1 W. 14th Street, Tempe - 6th ~loar

0 480-731-81 19 (DNewman)

• Check in with security

MCCCD/Martinez 01172

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 80 of 88
On Sat, Mar 1, 2014 at 11:21 AM, Steve Montoya <ste»hen r~,m~nfoyalaw lrc~up.coin> wrote:

We can do it rriday afternoon.

Stephen. Montoya

Montoya, Jimenez &.Pastor, P.A.

3200 Noz•tl~ Central Ave., Ste. 2SS0

Phoenix, ~rizana

602-256-6718 (phone)

602-256-6667 (fax)

On deb 28, 20]4, at 9:40 AM, "Darlene Newman" <daylent.ne~v~nan~r)dc»nail.maricopa.edu> wzate:

Mr•. Bowers and Mr. Combs are available as shown below:

• Friday, Mardi 7

0 9 - l0 a~~~

a 2-3pm

0 3-4pm

Please advise. Thaziks!

Darlene Newman

4$0-731-8119

On Wed, Feb 26, 2014 at 1:52 PM, Steve Montoyl <sleplle~~~inoi~to cilrrw~~con~> wrote:

Ms. Newman,

Professor Martinez has a serious case of the flu, The earliest that she can meet

consistent with my schedule is next Friday.

Does that work for everyone else?

Stephen Montoya

Montoya, Jimenez &Pastor, P. A.

3200 North Central Avenue, Suite 2550

Phoenix, Arizona 85012

602-256-6718 (telephone)

MCCCD/Martinez 01173

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 81 of 88
602-256-6667 (fax)

ste hen monto alawgroup.com

Darlene Newman

[mailto:darlene.newman@domail,maricopa.edu]

Sent: Tuesday, February 25, 2014 8:25 AM

To: Steve Montoya

Subject: Re: Meeting: Cleopatra Martinez

Please give us some dates slae will be available.

On Mon, Feb 24, 2014 at 3:58 PM, Steve Montoya <~l~pl~cn(c7montovalaw~~j CQ111> wrote:

Ms. Newman,

U►~fortunately, D~•. Martinez has had 1 sudden medical issue that requires that sloe meet with her

physician tomorrow afternoon.

We consequently need to t•eschedule her 1ppointment with the District preseiatly scheduled for

tomorrow aftez~zxooca at 2:00 pni.

Stephen Montoya

Montoya, Jz~aienez &Pastor, I'.A.

3200 North Cea~tral Ave., Ste. 2550

Phoenix, nrizona

602-25C-C718 (phone)

MCCCD/Martinez 01174

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 82 of 88
602-256-6667 (fax)

On Feb 19, 2014, at 8:35 AM, "Daz•]e~~e Newman" <darlene.newma~.~~i)dorn~~i.l..maz•icopa•eciu>

wrote:

Thank you all for reserving time for this z~aeeting. I 1m confii•ining this meeting

for Tuesday, 2/25 @ 2:00 pa~Z. If there are any changes, please advise us as soon

as possible. As of right z~ow, the zneetiz~g will he held in the District Otrce, 6th

£loon, Legal Conference Roorra. (2411 W. 14th Street, Tempe).

Thanks!

Darlene Newman

480-731-8119

On Moza, Feb 1'7, 2014 at 5:17 PM, Uppal, Pavneet <pJ~t~al<~11bot'law~~erscozn>

wrote:

Ms. Newman,

represent the District in this matter and Mr. Montoya kindly forw7rded your

email blow to my attention. I am available on:

• Wednesday, 2/19 @ 2:00 pm

• Tuesday, 2/25 @ 2:OQ pm

Please let me know once you have scheduled a date for this meeting,

Best regards,

Pavneet Uppal

Attorney at Law

a

MCCCD/Martinez 01175

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 83 of 88
puppal@laboriawyers.com ~ O: 1602) 281-3410

201 E. Washington Street ~ Suite 1450 ~ Phoenix, AZ 85004

All New Content: "One Day, Many Solutions: Employment Law Coast to Coast"

March, April &May 2014 Seminars coming to a city near you!

Visit www.laborlawyers.com/2Q14seminars

<image001.gif>

vCard ~ 8io ~ Website Representing employers nationally in labor and employment matters

Atlanta ~ Baltimore ~ Boston (Charbtte ~ Chicago ~ Cleveland ~ Columbia ~ Columbus ~ Dallas ~ Denver ~ Fort Lauderdale ~ Cul(porf

Houston ~ Irvine ~ Kansas City ~ Las Vegas ~ Los Angeles ~ Louisville ~ Memphis ~ New England ~ New Jersey ~ New Orleans

Orlando ~ Philadelphia ~ Phoenix ~ Portland ~ San Antonio ~ San Diego ~ San Francisco ~ Tampa (Washington, qC

This message ori~inales from the law firm of Fisher &Phillips LLP and may rontain legally privileged and confidential inCornJation intendec

solely for the use of tho addressee. If you ire not the intended recipient and have received thrs message in ena; please notily us of

postmasle laborlaw r~ers.con~ and pleaso delete this message from your system. Any unau7horired readDic~, drstrlbtrfion, cnpyin~, or ofhc

use of this message or its atl<~chmet~ts is strictly prohibited.

MCCCD/Martinez 01176

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 84 of 88
Steve Montoya

[mailto:stephen montoyalawgroup.com]

Sent: Thursday, February 13, 2014 11:03 AM

To: Uppal, Pavneet

Cc: Iee.combsC~domail.maricopa.edu

Subject: Fwd: Meeting: Cleopatra Martinez

I think you should have been included in this email Pavneet.

Stephen Montoya

Montoya, Jimcz~ez &Pastor, P.~.

3200 Noz•th Ce►~tral Ave., Ste. 2550

Phoenix, Arizona

CO2-256-671.8 (phone)

CO2-256-6667 (fax)

Begin forwarded message:

From: Darlene Newman

<da►•lene.newnla~ancloi~~~i 1. maricopa.edu>

Date: February 13, 2014 at 10:20:02 AM MST

To: stephen c~,monto al£l~V~.,['011~).00111

Cc: Jannes Bowers <acmes.bowe;rs<a),doa~aail.maricapa.edu>, Lee

Combs <lee.combs~domail.aa~lrico~edti>, Diana Davidson

<diana.davidson ~r,dom~tiLm~iricopa.edu>

Subject: Mectiz►g: Cleopatra Martinez

Reply-To: darlene.new~nan(~i~cionaailmaricopa.e;du

Gaod day Mr, Montoya:

Per youz• email statement to Mr. Lee Combs, Legal Counsel 1t

Maricopa Community Colleges, I hive called to set up a meeting

with you, Cleopatra Martinez, James "Jim" Bowers, Interim Vice Chancellor

for Human F2esources and Lee Combs.

6

MCCCD/Martinez 011'77

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 85 of 88
After two telephone calls, I thought I would follow-up with this message to

schedule this meeting. Below are some suggested dates and times far this

meeting. Please let me know what days and times are suitable far you and i

will confirm this meeting.

i look forward to hearing from you soon.

Thanks!

• Tuesday, 2/18 @ 2:00 pm

• Wednesday, 2/19 @ 2:00 pm

• Tuesday, 2/25 @ 2:00 pm

• Wednesday 2/26 at 2:00 pm

Darlene Newman: Administrative Assistant to the Vice Chancellor for Human Resource

"Leaders instill in their people a hope for success and a belief in themselves. Positive lei

accomplish Pheir goals. " Unknown

2411 West 14th Street, Tempe AZ 85281

~ 4F30-731- 120

~rn~il ~ darlene.newman@~iomail.maricop~.~du

~•ar.b ;le ~ www.maricopaedu/hr

We are HR ~: ONE MARSCOPA ~- Maricopa HR

MCCCD/Martinez 01178

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 86 of 88
Darlene Newman: Administrative Assistant to the Vice Chancellor for Human Resources/HR Solutions

"Leaders instill in their people a hope for success and a belief in themselves. Positive leaders empovier people to accomplish tt

gods. ° Unknown

2411 west 14th Street, 7emPe AZ 85281

.-...

• 

"' ,,.

~. •' 

:~

c~in:ii! ~ d~rlPne newmanCa~domiil inaricooa ed~

:;~~b~:il~~ (www.n ri ~~edu/hr

We are HR •: ONE MARICOPA ~• Maricopa HR

barlene Newman: Administrative ASSist7nt to [he Vice Chancellor fpr Human Resources/FIR Solutions

"Leaders instil in their people a hope far success and a belief in themselves. Positive leaders empower people to accomplish their

goals." Unknown

2411 West lath Street, Tempe AZ 851.81

-.:. ,.

I.. _ .,,r 

......

~:rn,:il ~ dariene;neyvman@dgm~il,m~r~~t?~_@S1.U.

MCCCD/Martinez 01179

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 87 of 88
:•;,;bt:it<~ 1 w~v_w.mrico{~a,.~~lt/.lir

We are HR :~ ONE MARICOPA ~~~ Maricopa HR

parlene Newman: Administrative AssisCant to the Vice Chancellor for Human Resources/HR Solutions

"Leaders instlfl in Cheir people a mope for success and a belieF in themselves. Positive leaders empower'

_.,_:_ ••----~-•--•---• people to accomplish their goals." Unknown

2411 West 14th Street, Tempe AZ 85281

phone ~ 480-731-8119/8753 • f7>; ~ 480-731-8120

ern.:~il ~ dariene newmanCc~domail maricopa edu

~,ve~bsitc~ ~ www.maric~a.edu hr

We are HR := ONE MARICOPA e- Maricopa HR

Darlene Newman: AdminisCrative Assistant Co the Vice Chancellor for Human Resources/HR SoluCions

"Leaders instil/ In their people a hope for success and a beUeF in Chemselves. Positive leaders empower

_..._—••--~----~-••• people Co accomplish their goals."Unknown

2411 West 14th Street, Tempe AZ H5281

plic~nc: ~ 480-731-8119/8753 ~ fax ~ 480-731-8120

ernaii ~ d rlene.newman(a~domaiLmaricopa,edu

~•~n.>.bsi~:c ~ www.marico a.edu hr

We are HR -ONE MARTCOPA :% Maricopa HR

MCCCD/Martinez 01180

Case 2:15-cv-01759-NVW Document 73-6 Filed 03/03/17 Page 88 of 88