...... 

October 28, 2014 

Governing Board Member, Dana F. Saar 

Governing Board Member Doyle Burke 

Governing Board Member Alfredo Gutierrez 

Governing Board Member Randolph Elias Lumm 

Governing Board Member Debra Pearson 

Dear Governing Board Members, 

On August 13, 2014 I emailed you a grievance. As of today I have heard nothing in response. According 

to the RFP, grievances at your level need to be responded to within 30 days of receipt. I request that 

the matter of my suspension be an Executive Session item at the next meeting of the Governing Board. 

The reason I am pursuing this matter is that it is the most recent example of the conduct that I have 

been experiencing since 2009. 

In August 2013, the Phoenix College administration attempted to terminate me for copyright violation, 

cash-handling violation, and insubordination. I appealed pursuant to the Residential Faculty Policies 

(RFP). In December 2013, the MCCCD internal Termination Hearing Committee found that MCCCD had 

not met its burden of proof with respect to copyright violation and cash-handling violation and 

recommended that I not be terminated. The Chancellor then suspended me in March 2013 without pay 

for over 14 months for my alleged insubordination. 

In May 2014 I applied for unemployment compensation. MCCCD advised the Department of Economic 

Security (DES) that I should be denied unemployment compensation benefits because I had walked off 

the job in anticipation of termination and because I had been suspended for gross misconduct. Initially 

the DES denied my claim but on appeal, the DES Administrative Law Judge decided in my favor. Among 

other things the Administrative Law Judge wrote in his decision that 

(1) l"did not sell the documents or otherwise make a profit," (2) the order to return the money to the 

students was not reasonable, (3) that I was discharged not suspended as contended by MCCCD, and 

(4) I was not discharged "for willful or negligent misconduct." 

Consequently, MCCCD's claims of copyright violation, cash-handling violation, and insubordination have 

not been substantiated by either independent reviewing authority (i.e., MCCCD's own internal 

Termination Hearing Committee or the DES Administrative Law Judge). 

In order to right this wrong, in July 2014 I attempted to follow the grievance process which requires that 

I first present the grievance to the Vice President of Academic Affairs (VPAA). The VPAA secretary 

advised that I could only speak to Human Resources (HR) about the grievance. HR told me I could not 

file while I was suspended although I could file the grievance upon my return in August 2015, some 12 

months away. On August 13, 2014, I submitted my grievance to the Vice Chancellor for Human 

Resources, the Chancellor, and the Governing Board members. No one has responded. 

There are no substantiated claims against me but I remain suspended without pay. My grievance has 

not been addressed. The Governing Board is the final decision maker in the District. I respectfully 

request that the Board immediately make me whole by reinstating me to my former position with back 

pay to the day I was suspended, reimbursing me for attorney fees and costs, and pay me the dollar value 

Case 2:15-cv-01759-NVW Document 1-8 Filed 09/02/15 Page 1 of 2
of any and all other benefits I lost as a result of this prejudicial, damaging "suspension." Finally, 1 

request that the Chancellor's dictatorial authority to suspend employees without cause, without pay, 

and without due process for any length of time be eradicated and a policy be written to include 

guidelines, process, checks and balances. Paying lawyers to continue pursuing an administrative abuse 

of power is not what MCCCD should represent. This type of irresponsible fiduciary behavior must be 

eliminated. 

Respectfully, 

~ 71'\0Ut£~'-~ Cleopatria Martinez, PhD ·-

Professor of Mathematics 

Case 2:15-cv-01759-NVW Document 1-8 Filed 09/02/15 Page 2 of 2