EXHIBIT 1 

TO 

PLAINTIFF’S CONTROVERTING STATEMENT OF FACTS 

IN RESPONSE TO 

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

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UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

CLEOPATRIA MARTINEZ, 

Plaintiffs,

vs.

MARICOPA COUNTY COMMUNITY COLLEGE 

DISTRICT, a political subdivision of 

the State, and RUFUS GLASPER and 

DEBRA GLASPER, husband and wife,

 Defendants. 

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No. CV 15-01759 NVW 

DEPOSITION OF RUFUS GLASPER

Phoenix, Arizona

November 22, 2016

 10:20 a.m. 

Miller Certified Reporting, LLC

Post Office Box 513

Litchfield Park, Arizona 85340 

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

www.MillerCertifiedReporting.com

(Copy)

Angela Furniss Miller, RPR

Certified Reporter (AZ 50125) 

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I N D E X

WITNESS PAGE

RUFUS GLASPER 

EXAMINATION BY MR. ROBAINA 5

EXAMINATION BY MR. UPPAL 54

FURTHER EXAMINATION BY MR. ROBAINA 66

* * *

E X H I B I T S

NO. DESCRIPTION PAGE

No. 1 Residential Faculty Policies 2012 - 

2013

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No. 2 Residential Faculty Policies 2013 - 

2014

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No. 3 August 9, 2013 letter to Cleopatria 

Martinez, Re: Intent to dismiss you 

from your employment

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No. 4 December 9, 2013 letter to Dr. Rufus 

Glasper, Re: Maricopa County 

Community College District v. Dr. 

Cleopatria Martinez

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No. 5 Hearing Committee Findings of Fact, 

Conclusions of Law, and Recommendation

35

No. 6 February 10, 2014 Memorandum to Dana 

Saar, President, MCCCD Governing 

Board, Subject: Recommendation to 

adopt hearing committee's 

recommendation regarding dismissal, 

Dr. Cleopatria Martinez

36

No. 7 April 14, 2014 letter to Dr. 

Cleopatria Martinez, RE: Update to 

Notice of Suspension without Pay

45

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E X H I B I T S

NO. DESCRIPTION PAGE

No. 8 August 13, 2014 correspondence to Vice 

Chancellor for Human Resources Lacoya 

Shelton-Jackson, Chancellor Rufus 

Glasper, Governing Board Member Doyle 

Burke, Governing Board Member Alfredo 

Gutierrez, Governing Board Member 

Randolph Elias Lumm, Governing Board 

Member Debra Person, and Governing 

Board Member Dana F. Saar, Subject:

Grievance

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and then became the chief financial officer in 1995, and 

then became the Chancellor in 2003. 

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

A. Correct. I left Maricopa Community Colleges the 

end of February this year, 2016. 

Q. Okay. And where do you currently work? 

A. I work for the League of Innovation in the 

community college. 

Q. I'm sorry. What was that? 

A. I work for the League For Innovation in the 

community college. 

Q. Oh. So, do you still work for MCCCD? 

A. No. 

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

for it? 

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

organization.

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

marked as Exhibit 1.

(Exhibit 1 was marked for identification.)

BY MR. ROBAINA:

Q. Do you recognize generally that document? 

A. Yes. 

Q. And what is it? 

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A. It's Residential Faculty Policy Manual for 

2012-'13.

Q. All right. Will you take a look at page 52? 

MR. UPPAL: You said 52, right?

MR. ROBAINA: Yes. 

THE WITNESS: The signature page? 

Q. BY MR. ROBAINA: Yes, sir. This is the 

attestation page. This agreement was ratified by the 

Governing Board, you as Chancellor, and the representative 

members of the faculty, correct? 

A. Yes. 

Q. Okay. And is it fair to say that this agreement 

sets forth, among other things, the rights of faculty 

members with respect to the various employment matters? 

A. Yes. 

Q. All right. In some places this -- this 

Residential Faculty Policy refers to residential faculty 

and in other places it refers just to faculty. Is there 

any difference? 

A. Residential -- well, residential faculty and 

faculty within this policy manual should be synonymous. 

Q. Okay. Do these policies apply to service 

faculty?

A. Yes. 

Q. What is -- where are -- what is service faculty? 

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

who might be counselors. 

Q. So, like, non-teaching faculty? 

A. Well, they may teach as well. 

Q. Okay. 

A. But their primary function is service. 

Q. All right. Keep that Exhibit 1 out and then 

let's have this one marked as Exhibit 2.

(Exhibit 2 was marked for identification.) 

BY MR. ROBAINA:

Q. And then can you identify that one generally? 

A. Generally it's the Residential Faculty Policy 

Manual for 2013-'14. 

Q. Can you take a look at the last two pages? 

A. Last two of the document? 

Q. Yes, sir. 

This appears to be a Memorandum of 

Understanding. In the first paragraph there or the -- 

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

successor Residential Faculty Policy ratified by 

the Faculty Association on August 16, 2013, and 

approved by MCCCD Governing Board on 

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

hereto."

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And I think it's your signature on the last 

page. Do you see that? 

A. Yes, sir. 

Q. All right. Is this Memorandum of Understanding 

related to the Residential Faculty Policies dated 2013 to 

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

A. Yes, sir. September 1st, yes. 

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

of those copies.

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

Exhibit 3.

(Exhibit 3 was marked for identification.) 

BY MR. ROBAINA:

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

when you've had a chance to review that.

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

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

get some napkins. 

MR. ROBAINA: I'll go grab some.

MS. MARTON: Do you need some more water?

MR. UPPAL: No, I'm good.

(Whereupon a brief recess is taken.)

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MR. ROBAINA: Yes. Thank you. 

MR. UPPAL: Okay. I know you did, I just wanted 

the record to be clear. 

MR. ROBAINA: Yeah, thank you. That's what I 

meant.

Q. BY MR. ROBAINA: Okay. Dr. Martinez had 

appointive status at the time she received the notice of 

intent to dismiss her from her employment, correct? 

A. Correct. 

Q. Okay. And she had that still during when you 

suspended her, correct? 

A. Correct. 

Q. Let me show you what -- 

MR. ROBAINA: I don't know what number we're on.

THE COURT REPORTER: 8. 

Q. BY MR. ROBAINA: -- will be marked as Exhibit 8.

(Exhibit 8 was marked for identification.) 

MR. UPPAL: That's yours. 

Q. BY MR. ROBAINA: I'm not going to ask you too 

many questions about this document, I just want to know -- 

you can read it. Take your time and read it if you'd 

like.

A. I'm done. 

Q. All right. Have you -- do you recognize this 

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document?

A. Yes. 

Q. And did you respond to this document? 

A. No. 

Q. Do you know if anyone else did? 

A. Not to my knowledge. 

MR. ROBAINA: Let's take a quick break.

MR. UPPAL: Just -- how long? I'm just asking. 

MR. ROBAINA: Oh, yeah. 

MR. UPPAL: Ten minutes?

MR. ROBAINA: Great.

(Recess taken from 12:15 p.m. to 12:31 p.m.)

BY MR. ROBAINA:

Q. Going back to Exhibit 6 and the third page of 

that exhibit, which is the February 10, 2014, notice of 

suspension without pay. The first sentence says: "Based 

on -- upon the attached written statement of 

charges, I decided to suspend your employment 

under my sole authority as Chancellor."

Do you see that? 

A. Yes. 

Q. All right. Was it your belief or your -- that 

you did not need to -- strike that. 

Did you seek any form of review of your decision 

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to suspend Dr. Martinez without pay from the Board? 

A. No. 

Q. Did you seek any authorization from the Board to 

suspend Dr. Martinez without pay? 

A. No. 

Q. To your knowledge, did the Board ever make any 

determination with regard to your suspension of Dr. 

Martinez without pay? 

A. Not to my knowledge. 

Q. Are employees of MCCD who are not residential 

faculty, are they governed by staff policy, the staff 

policy manual? 

A. Yes. 

Q. Okay. So that basically applies to everyone 

other than residential faculty? 

A. Repeat your question. 

Q. Staff policy -- the staff policy manual governs 

everyone other than residential faculty? 

A. Yes. Residential faculty have their own policy. 

Q. Have their own, all right. Give me just one 

second here.

MR. ROBAINA: That's it. 

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