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Edmundo P. Robaina (No. 018125)

Thomas T. Griffin (No. 022475)

Ashley A. Marton (No. 029442)

ROBAINA & KRESIN PLLC

5343 North 16th Street, Suite 200

Phoenix, Arizona 85016

Telephone: (602) 682-6450

Facsimile: (602) 682-6455

epr@robainalaw.com

ttg@robainalaw.com

aam@robainalaw.com

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Cleopatria Martinez,

Plaintiff,

vs.

Maricopa County Community College 

District, a political subdivision of the 

State, and Rufus Glasper and Debra 

Glasper, husband and wife,

Defendants.

No. CV 15-01759 NVW

STATEMENT OF MATERIAL 

FACTS IN SUPPORT OF 

PLAINTIFF’S MOTION FOR 

SUMMARY JUDGMENT

Plaintiff Cleopatria Martinez (“Martinez”) submits the following Statement of 

Material Facts in support of her Motion for Summary Judgment.

STATEMENT OF MATERIAL FACTS

1. Martinez began her employment as a full-time mathematics professor with 

MCCCD in 1985, and has taught at MCCCD’s Phoenix College campus since 1995.

[Deposition of Dr. Cleopatria Martinez on August 16, 2016 (“Martinez Depo. Vol. I”) at 

17:19-19:13, attached hereto as Exhibit 1].

2. MCCCD is a political subdivision of the State of Arizona. [Plaintiff’s

Verified Amended Complaint, ¶2; Defendants’ Answer to Plaintiff’s Verified Amended 

Complaint at ¶2].

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3. On August 9, 2013, Glasper, who, at relevant times, was MCCCD’s 

Chancellor, issued Martinez a notice, copied to MCCCD’s Governing Board, of 

MCCCD’s intent to dismiss Martinez from her employment. [Deposition of Dr. Rufus 

Glasper (“Glasper Depo.”) at 6:21-7:5, 10:10-11:9 and Glasper Depo. Exhibit 3 (August 

9, 2013 Notice of Dismissal and Statement of Charges) at page 1 of 4, attached hereto as 

Exhibit 2].

4. Glasper was MCCCD’s Chancellor from 2003 until the end of February 

2016. [Glasper Depo. at 6:21-7:5, 65:11-24, attached hereto as Exhibit 2]. 

5. In the notice, Glasper wrote that Interim Vice Chancellor of Human 

Resources James Bower had reviewed the charges against Martinez, in consultation 

with the MCCCD Legal Office, and recommended to Glasper that there existed prima 

facie cause for Martinez’s dismissal. [Glasper Depo. at 10:10-11:9 and Glasper Depo. 

Exhibit 3 (August 9, 2013 Notice of Dismissal and Statement of Charges) at page 1 of 4, 

attached hereto as Exhibit 2].

6. Glasper further wrote that he concurred with Bower’s recommendation. 

[Id.].

7. Included with the notice, was a “Statement of Charges,” in which it was 

alleged that Martinez had engaged in the following:

 Violation of Administrative Regulation 6.7.1 – ‘Willful and 

Intentional violation of any state or federal law, applicable 

ordinance, MCCCD Governing Board policy, or MCCCD 

administrative regulation that affects the employee’s ability to 

perform his or her job,’ specifically:

o Violation of MCCCD’s cash handling rules as covered by 

MCCCD Administrative Regulations 1.17.

 Violation of Residential Faculty Policy Manual 3.2.4 – ‘A Faculty 

member shall not have any financial interest in or receive 

compensation from the sale of any unpublished instructional 

materials required or suggested for a class that the Faculty member 

teaches.’

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 Violation of U.S. Copyright Law and fair use guidelines, and 

MCCCD Administrative Regulations 3.2.4 and 3.2.5 regarding 

copyright regulations:

o 3.2.4 Employees are prohibited from copying materials not 

specifically allowed by the (1) copyright Law, (2) fair use 

guidelines, (3) Licenses or contractual agreements, or (4) 

other permission.

o 3.2.5 The Governing Board disapproves of unauthorized 

duplication in any form. Employees who willfully disregard 

this Board policy and/or the aforementioned copyright 

guidelines do so at their own risk and assume all liability for 

their actions. 

 Violation of Administrative Regulation 6.7.3 – ‘Willful and 

intentional failure to perform job duties that have first been 

communicated to an employee and are within the employee’s scope 

of employment,’ specifically, repeated failure to follow instructions 

regarding printing/copying of unauthorized materials, failure to use 

only approved course materials, unauthorized copying and sale of 

course materials, failure to reimburse students for the materials 

your wrongfully charged them for, and failure to meet the deadline 

to provide copies of any reimbursement checks to students. 

Brief Timeline:

 January 2010 – College Vice Presidents Ronnie Elliott, Paul 

DeRose and Cassandra Kakar; along with Maggie McConnell; 

Assistant General Counsel, reviewed the requirements of AR 3.2 

with you at length.

 April 2, 2010 – Anna Solley, Phoenix College President, notified 

you that your copying privileges at the Phoenix College IKON 

Copy Center were suspended.

 Spring 2010 – An Administrative Evaluation was initiated based on 

Mr. Joe Sueyoshi's complaint. By agreement, the Evaluation Team 

did not undertake its task until the fall semester. The findings and 

recommendations were submitted to Dr. Solley on November 17, 

2010. The overall findings included:

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o Copyright and plagiarism: Dr. Martinez was notified in 

writing and in meetings of MCCCD's and Phoenix College's 

concerns regarding her course materials violating copyright, 

fair use, and plagiarism laws.

o Insubordination: Dr. Martinez failed to follow Dr. Solley's 

and MCCCD's Legal Counsel's directives - specifically, she 

repeatedly requested copies, copied and printed 

unauthorized materials.

 December 9, 2010 – Dr. Solley administered an Initial Corrective 

Action to you for insubordination and failure to follow instructions 

regarding printing or copying of unauthorized materials.

 August 21-23, 2012 – You told your MAT 091 and MAT 151 

students not to buy the approved text that you listed on the 

syllabus. Instead, you made copies of a colleague's materials and 

sold them to your students for $11 each.

 October 18, 2012 – A Second Corrective Action for 

insubordination and unauthorized copying and sale of course 

materials was administered to you by Dr. Solley. Included in the 

corrective action was the following directive: "Because you 

imposed charges on your students without authority to do so, you 

have the responsibility to reimburse the students from your own 

funds. You are hereby directed to do so by personal check, 

beginning immediately and continuing until all students who paid 

you are reimbursed."

 January 11, 2013 – Upon discovering that the students who bought 

your unauthorized course materials had yet to be reimbursed, 

Casandra Kakar directed you, via email, to provide her by January 

18, 2013, with front and back copies of all cashed personal 

reimbursement checks to your students.

 January 18, 2013 – You failed to provide Dr. Kakar with copies of 

any reimbursement checks and neglected to contact her regarding 

the money you still owe the students.

 February 21, 2013 – A student turned in the MAT091 materials 

which you left in room B210. Timothy Bryan, Mathematics 

Faculty, has previously told you that you do not have permission to 

use his materials again.

[Id.].

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8. The allegations in the August 9, 2013 Statement of Charges are taken 

verbatim from a March 20, 2013 Pre-Disciplinary Conference, which included copies of 

the specific policies Martinez is alleged to have violated. [Martinez Depo. Vol. I at 

47:2-17, Martinez Depo. Vol. I Exhibit 4 (March 20, 2013 Notice of Pre-Disciplinary 

Conference with attachments) at MCCCD/Martinez02114- MCCCD/ Martinez 02120, 

and a more legible copy of the March 20, 2013 Notice of Pre-Disciplinary Conference 

with attachments, is attached hereto as Exhibit 1].

9. At the time Glasper sent Martinez the notice of intent to dismiss, 

Martinez’s employment relationship with MCCCD was governed by the 2012-2013 

Residential Faculty Policies (the “RFP”), which indicates the rights of faculty members 

with respect to various employment matters. [Glasper Depo. at 7:18-8:15, 13:15-14:3, 

Glasper Depo. Errata Sheet at 14:3 and Glasper Depo. Exhibit 1 (2012-2013 RFP) 

attached hereto as Exhibit 2; Deposition of Judy Castellanos (“Castellanos Depo.”) at 

14:8-11, attached hereto as Exhibit 3]. 

10. The RFP was “ratified” by, among others, Glasper and the MCCCD 

Governing Board. [Glasper Depo. at 7:18-8:11 and Glasper Depo. Exhibit 1 (2012-

2013 RFP) at -52-, attached hereto as Exhibit 2].

11. Both the 2012-2013 RFP and the 2013-2014 Residential Faculty Policies 

(the “2013-2014 RFP”) are relevant in this case. [Glasper Depo. 13:24-14:3, Glasper 

Depo. Errata Sheet at 14:3, attached hereto as Exhibit 2].

12. The 2013-2014 Residential Faculty Policies (the “2013-2014 RFP”) were 

approved by the Governing Board on September 24, 2013. [Glasper Depo. at 9:9-10:7 

and Glasper Depo. Exhibit 2 (2013-2014 RFP) at MCCCD/Martinez00252, MCCCD/

Martinez00310 and MCCCD/Martinez00339, attached hereto as Exhibit 2].

13. Pursuant to RFP §§ 1.2. and 3.18.3.4., “Appointive” status refers to the 

employment status of a faculty member attained at the beginning of his/her sixth 

consecutive year. [Glasper Depo. at 7:20-8:2, 16:4-7 and Glasper Depo. Exhibit 1 

(2012-2013 RFP) at -4- and -26-, attached hereto as Exhibit 2].

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14. Appointive faculty members have continuous rights to employment.

[Glasper Depo. at 16:11-15, attached hereto as Exhibit 2].

15. At the time she received the notice of intent to dismiss, and at the time of 

her suspension, Martinez had appointive status. [Glasper Depo. at 51:6-12, attached 

hereto as Exhibit 2]. 

16. Pursuant to RFP § 3.11.2.: “No faculty member shall be disciplined, 

reprimanded, suspended, or reduced in assignment or compensation without just cause.”

[Glasper Depo. at 7:18-8:15, 17:21-18:1, 21:18-21 and Glasper Depo. Exhibit 1 (2012-

2013 RFP) at -19-, attached hereto as Exhibit 2]. 

17. RFP § 3.11.2. was renumbered in 2013-2014 RFP as §6.3.2. [Glasper 

Depo. at 9:7-14, 43:10-18 and Glasper Depo. Exhibit 2 (2013-2014 RFP) at

MCCCD/Martinez00304, attached hereto as Exhibit 2]. 

18. The term “disciplined” in this context includes terminations and 

suspensions. [Glasper Depo. at 17:21-18:8, attached hereto as Exhibit 2].

19. Regarding suspensions of faculty members, RFP § 3.13.1. states, in 

pertinent part: “Upon a written statement of charges formulated by the Chancellor, 

charging a Faculty member of the MCCCD, the Chancellor, or his/her designee, may 

immediately suspend the Faculty member and give notice of the suspension...” [Glasper 

Depo. at 7:18-8:15 and Glasper Depo. Exhibit 1 (2012-2013 RFP) at -20-, attached 

hereto as Exhibit 2].

20. Pursuant to RFP §3.13.3.: 

Any Faculty member who has been suspended pursuant to this Section 

will normally be paid his/her regular salary during the period of 

suspension. A suspension without pay will occur only upon the advice of

General Counsel. If payment is to be withheld, the Vice Chancellor of 

Human Resources will first consult and advise the member... 

[Glasper Depo. at 7:18-8:15 and Glasper Depo. Exhibit 1 (2012-2013 RFP) at -20- thru 

-21-, attached hereto as Exhibit 2].

21. Section 3.13. was renumbered in the 2013-2014 RFP as §3.11. [Glasper 

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Depo. at 7:18-8:15, 9:9-14, 24:8-10, Glasper Depo. Exhibit 1 (2012-2013 RFP) at -20-

thru -21- and Glasper Depo. Exhibit 2 (2013-2014 RFP) at MCCCD/Martinez00273, 

attached hereto as Exhibit 2].

22. Notably, this section does not allow the Vice-Chancellor of Human 

Resources to overturn the Chancellor’s decision, and a suspended employee has no right 

to have the suspension reviewed by the Governing Board. [Glasper Depo. at 23:23-24:7, 

26:2-27:1, 66:11-14, attached hereto as Exhibit 2; Castellanos Depo. at 27:3-16, 31:9-

32:5, attached hereto as Exhibit 3]. 

23. Regarding faculty member dismissal, RFP § 3.15. provides a detailed 

procedure that includes, in pertinent part, the right of a faculty member to receive a 

“written statement of charges” which sets forth “the statutes, policies, rules, or written 

objectives of the College that the Faculty member is alleged to have violated” with 

“such specificity that the Faculty member will be able to prepare a defense based on the 

statement” (RFP §§ 3.15.1. and 3.15.2.); the right to request a hearing “which shall 

suspend the dismissal procedure, pending the completion of the hearing.” (RFP § 

3.15.3.); the right to have a Hearing Committee constituted to conduct a hearing 

regarding the allegations against the faculty member (RFP § 3.15.4.); and the right to 

attend the hearing, present testimony, evidence or statements, oral or written, in his/her 

behalf, and be represented by legal counsel or other representative (RFP § 3.15.6.). 

[Glasper Depo. at 7:18-8:2 and Glasper Depo. Exhibit 1 (2012-2013 RFP) at -21- thru -

23-, attached hereto as Exhibit 2; Castellanos Depo. at 17:11-18:22, attached hereto as 

Exhibit 3]. 

24. After completion of the hearing, the Hearing Committee provides the 

Chancellor and the faculty member with a summary of the evidence that was presented 

during the hearing, renders “binding written findings of fact and conclusions of law” 

and forwards them along with its recommendation regarding dismissal to the 

Chancellor. (RFP § 3.15.7.). [Glasper Depo. at 7:18-8:2, 28:6-12, 29:7-11, Glasper 

Depo. Exhibit 1 at -21- thru -23-, attached hereto as Exhibit 2; Castellanos Depo. at 

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17:11-18:22, 22:8-18, attached hereto as Exhibit 3]. 

25. The Chancellor may meet with the Hearing Committee to clarify any 

questions he/she may have; and may then adopt the Hearing Committee’s 

recommendation regarding dismissal or make his/her own recommendation and forward 

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

fact, conclusions of law, and final recommendation of the Hearing Committee to the 

Governing Board. [Glasper Depo. at 7:18-8:2, 33:18-34:9 and Glasper Depo. Exhibit 1

(2012-2013 RFP) at -21- thru -23-, attached hereto as Exhibit 2; Castellanos Depo. at 

17:11-18:22, attached hereto as Exhibit 3].

26. The Governing Board will meet with the Faculty member and/or his/her 

representative and a representative of the administration to hear arguments regarding the 

Chancellor’s and the Hearing Committee’s recommendation regarding dismissal. 

[Glasper Depo. at 7:18-8:2, 33:18-34:9 and Glasper Depo. Exhibit 1 (2012-2013 RFP) 

at -21- thru -23-, attached hereto as Exhibit 2; Castellanos Depo. at 17:11-18:22, 

attached hereto as Exhibit 3].

27. The parties are to have no less than one-half hour to present their 

respective cases. (RFP § 3.15.9.). [Glasper Depo. at 7:18-8:2 and Glasper Depo. Exhibit 

1 (2012-2013 RFP) at -23-, attached hereto as Exhibit 2].

28. The Governing Board, at a public meeting, shall render a final decision for 

the retention or dismissal of the Faculty member. [Glasper Depo. at 7:18-8:2 and

Glasper Depo. Exhibit 1 (2012-2013 RFP) at -23-, attached hereto as Exhibit 2; 

Castellanos Depo. at 17:11-18:22, attached hereto as Exhibit 3].

29. Martinez exercised her right to an evidentiary hearing regarding the 

allegations in the August 9, 2013 Statement of Charges, which was held on November 

18, 2013. [Glasper Depo. at 27:1-7, 33:18-34:9, attached hereto as Exhibit 2; Martinez 

Depo. Vol. I at 53:4-16, attached hereto as Exhibit 1].

30. On December 9, 2013, after considering the pleadings and evidence 

presented at the hearing, including expert testimony, the Hearing Committee issued its 

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written Findings of Fact, Conclusions of Law, and Recommendation, in which it made 

the following binding findings: 

[Phoenix College] failed to carry its burden of proof relating to violation 

of MCCCD’s cash handling rules found in MCCCD Administrative 

Regulations 1.17, violation of Residential Policy Manual 3.2.4 (relating to 

financial interests in unpublished materials), violation of U.S. Copyright 

Law and fair use guidelines, and violation of MCCCD Administrative 

Regulations 3.2.4 and 3.2.5 related to copyright regulations. 

[Glasper Depo. at 35:11-24 and Glasper Depo. Exhibit 5 (Hearing Committee Findings 

of Fact, Conclusions of Law, and Recommendation) at -7-, attached hereto as Exhibit 2;

A more legible copy of the Hearing Committee Findings of Fact, Conclusions of Law, 

and Recommendation is also at Bates Numbers MCCCD/Martinez03845-03852, 

attached hereto as Exhibit 4].

31. The Committee further found, however, that Martinez “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 in violation of 

MCCCD Administrative Regulations 6.7.1. and 6.7.3. [Id.].

32. The Committee further recommended that the Governing Board deny the 

termination request and allow Martinez to continue her MCCCD employment [Glasper 

Depo. at 35:11-24 and Glasper Depo. Exhibit 5 (Hearing Committee Findings of Fact, 

Conclusions of Law, and Recommendation) at -8-, attached hereto as Exhibit 2; A more 

legible copy of the Hearing Committee Findings of Fact, Conclusions of Law, and 

Recommendation is also at Bates Numbers MCCCD/Martinez03845-03852, attached 

hereto as Exhibit 4].

33. The Hearing Committee then delivered to Glasper, its summary of 

evidence, findings of fact, conclusions of law, and final recommendation. [Glasper 

Depo. at 34:23-35:10 and Glasper Depo. Exhibit 4 (December 9, 2013 Letter from 

Hearing Committee Counsel to Glasper), attached hereto as Exhibit 2].

34. On February 10, 2014, pursuant RFP § 3.15.8., Glasper sent a letter to the 

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President of the Governing Board indicating that he had accepted the recommendation 

of the Hearing Committee that Martinez not be dismissed. [Glasper Depo. at 35:25-

36:14, 37:23-38:12 and Glasper Depo. Exhibit 6 (February 10, 2014 Letter from 

Glasper to Governing Board with attachments) at 1-2, attached hereto as Exhibit 2].

35. Glasper could have recommended to the Governing Board that they give 

Martinez some discipline less than a termination, such as a suspension. [Glasper Depo. 

at 34:4-9, attached hereto as Exhibit 2].

36. Dr. Glasper did not do so. [Glasper Depo. at 37:23-38:2, attached hereto 

as Exhibit 2]. 

37. Instead, the same day, Glasper sent a letter to Martinez stating that: 

Based upon the [attached] written statement of charges, I have decided to 

suspend your employment under my sole authority as Chancellor pursuant 

to section 3.11 of the Residential Faculty Policies. The purpose of this 

letter [is] to notify you that your suspension from your position as 

Mathematics faculty at Phoenix College will begin on March 1, 2014 and 

end on May 15, 2015. Your teaching responsibilities and pay will resume 

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

Having sought the advice of the General Counsel as required by Section 

3.11.3 of the RFP, I am satisfied that your procedural rights concerning 

the grounds for suspension have been met. The basis for this action is the 

unanimous finding of an independent hearing committee that you willfully 

violated the district policies set forth in the statement of charges and that I 

have the authority to suspend your employment without pay.

Also under the terms of subsection 3.11.3, the interim Vice Chancellor for 

Human Resources will offer to consult with you...concerning the 

rationale for this decision. If you accept his invitation, he will deliver this 

notice and attachment after the meeting. If you decline your opportunity 

to consult with him, he will have the decision delivered to you in 

accordance with the policy.

You may voluntarily retire from your position in lieu of this suspension 

without pay....

[Glasper Depo. at 35:25-36:14, 38:3-12 and Glasper Depo. Exhibit 6 (February 10, 2014 

Letter from Glasper to Governing Board with attachments) at page 3, attached hereto as 

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Exhibit 2; Castellanos Depo. at 26:12-24 and Castellanos Depo. Exhibit 6 (February 10, 

2014 Notice of Suspension without Pay and Statement of Charges) at page 1 of 11, 

attached hereto as Exhibit 3].

38. RFP § 3.11. was renumbered under the 2013-2014 RFP. Under the 

previous RFP, for 2012-2013, it was numbered as § 3.13. [Glasper Depo. at 36:16-37:1, 

attached hereto as Exhibit 2].

39. The suspension was later pushed back to April 14, 2014 due to scheduling 

conflicts for a meeting between Glasper, the Vice-chancellor of HR and Martinez.

[Deposition of Dr. Cleopatria Martinez on October 11, 2016 (“Martinez Depo. Vol. II”) 

at 287:11-288:14, attached hereto as Exhibit 5]. 

40. This was the first time in Glasper’s nearly thirteen years as Chancellor 

that Glasper suspended a faculty member under 2013-2014 RFP § 3.11. or an equivalent 

section from previous RFPs. [Glasper Depo. at 43:19-21, Glasper Depo. Errata Sheet at 

43:21, attached hereto as Exhibit 2].

41. The only other unpaid suspension Glasper issued under this policy, 

pursuant to with faculty members are “normally paid”, occurred in February, 2016, the 

last month of Glasper’s employment with MCCCD, and after this lawsuit was filed. 

[Glasper Depo. at 43:19-21, Glasper Depo. Errata Sheet at 43:21; Castellanos Depo. at 

63:3-14 and Castellanos Depo. Exhibit 12 (Personnel Action Request) at page 1-2, 

attached hereto as Exhibit 3].

42. It was a three-day suspension that involved no loss of benefits. [Id.].

43. Along with the Notice of Suspension without Pay, Glasper provided 

Martinez with a Statement of Charges, also signed by Glasper, in which the allegations

in the August 9, 2013 Statement of Charges are essentially repeated, but in which it is 

also written, in pertinent part, as follows:

Based upon the findings of the hearing committee which are attached to 

this statement, and the record of their proceeding, I have determined as 

follows:

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******

An additional concern arose after a student brought the copying to PC’s 

attention, complaining you did not provide receipts for the material 

charges. MCCCD Administrative Regulation 1.12 states as follows:

‘1.12.2 Authorization

Prior to participating in the sale of products or services, Revenue 

and Expenditure categories must be included in a program’s 

budget, and approved by the Governing Board during the annual 

budget adoption process, or as legally changed the first year

1.12.3. Fees

Fees exchanged for products or services produced through an 

educational, training or service activity shall be pre-approved by 

the Governing Board.’

Phoenix College determined that your course materials charge was not 

included in the adopted budget or pre-approved by the Governing Board.

[Glasper Depo. at 35:25-38:12 and Glasper Depo. Exhibit 6 (February 10, 2014 Letter 

from Glasper to Governing Board with attachments) at pages 4-5, attached hereto as 

Exhibit 2; Castellanos Depo. at 26:12-24 and Castellanos Depo. Exhibit 6 (February 10, 

2014 Notice of Suspension without Pay and Statement of Charges) at Page 2-3 of 11, 

attached hereto as Exhibit 3]. 

44. Neither this allegation nor the cited regulations were mentioned in the 

original Statement of Charges dated August 9, 2013. [Glasper Depo. at 10:10-11:9, 

35:25-38:12, 47:23-48:23, Glasper’s Errata Sheet at 43:21, and Compare Glasper Depo. 

Exhibit 3 (August 9, 2013 Notice of Dismissal and Statement of Charges) with Glasper 

Depo. Exhibit 6 (February 10, 2014 Letter from Glasper to Governing Board with 

attachments) at page 4-5, attached hereto as Exhibit 2; Castellanos Depo. at 41:7-10

attached hereto as Exhibit 3].

45. Instead, they appeared for the first time in the February 10, 2014 

Statement of Charges. [Plaintiff’s Verified Amended Complaint, ¶39; Defendants’ 

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Answer to Plaintiff’s Verified Amended Complaint at ¶39].

46. As a result of her suspension, Martinez did not receive any salary or 

benefits for sixteen months from April 15, 2014, to the beginning of the Fall semester in 

August 2015. [Martinez Depo. Vol. II at 289:16-290:4, attached hereto as Exhibit 5].

47. The benefits lost to Martinez during that period included, among other 

things, medical insurance, dental insurance, paid sick leave, personal leave, basic life 

insurance, accidental death & personal loss insurance, mid-term disability insurance and 

access to the employee assistance program. [Martinez Depo. Vol. II at 289:16-290:4, 

attached hereto as Exhibit 5].

48. She also suffered emotional distress related to the lack of due process and 

long-term suspension. [Martinez Depo. Vol. II at 164:8-19, attached hereto as Exhibit 

5].

49. Glasper’s dismissal recommendation had been followed by a vigorous 

prosecution of the case Martinez before the Hearing Committee by MCCCD employees 

and counsel who fought to support Glasper’s dismissal recommendation. [November 18, 

2013 Hearing Transcript at 12:3-25:9, 158:5-163:15, attached hereto as Exhibit 6].

Dated this 3

rd day of March 2017.

ROBAINA & KRESIN PLLC

By /s/ Edmundo P. Robaina

 Edmundo P. Robaina

 Thomas T. Griffin

 Ashley A. Marton

 Attorneys for Plaintiff

Case 2:15-cv-01759-NVW Document 72 Filed 03/03/17 Page 13 of 14
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CERTIFICATE OF SERVICE

I hereby certify that on the 3

rd day of March 2017, I caused the foregoing 

document to be electronically transmitted to the Clerk’s Office using the CM/ECF 

System for filing and transmittal of a Notice of Electronic Filing to the following 

CM/ECF Registrants:

Pavneet Singh Uppal

Shayna H. Balch

FISHER & PHILLIPS LLP

3200 North Central Avenue, Suite 805

Phoenix, Arizona 85012-2425

Attorney for Defendants

By /s/ Gaynell Carpenter

Case 2:15-cv-01759-NVW Document 72 Filed 03/03/17 Page 14 of 14