A student-operated publication at Santa Rosa Junior College.

The Oak Leaf

A student-operated publication at Santa Rosa Junior College.

The Oak Leaf

A student-operated publication at Santa Rosa Junior College.

The Oak Leaf

Lawsuit could set SRJC back $25k

The Sonoma County Junior College District Board of Trustees agreed to offer a $25,000 settlement in a lawsuit at the Nov. 9 meeting.

In January 2009 former adjunct culinary arts professor Joanne Fusco sued the district for wrongful discharge, violations of the California Labor Code, negligent infliction of emotional distress, intentional infliction of emotional distress and violation of her First Amendment rights.

These charges stemmed from a confrontation between Fusco and students. According to court documents, the students were “telling her to ‘F-off and slamming a door in her face.'” Fusco met with supervisors, including Steve Cohen, dean of business and professional studies, about the incident, her concerns for her safety and the stability of her class.

“Fusco also alleges that after the meeting she did not return to her class because she ‘feared for [her] personal safety,’ but did offer to return if either Cohen or a security officer would be in attendance,” court documents stated.

Fusco claimed that Cohen told her she would not be allowed to continue teaching her classes due to her complaint that her classroom was not safe. The court documents do show that Fusco stated the district “suggested” she could return the following semester.

Fusco’s complaint alleged that Cohen’s action caused her to refuse to return to SRJC. She felt she had no choice but to refuse the offer of employment, which amounted to her constructive discharge from her position.

Court documents show two revisions of the complaints brought by Fusco. On Sept. 30 2009 the court ordered the dismissal of most of the allegations in the case. However, the court found reason to proceed with the case regarding the violation of Fusco’s First Amendment rights.

According to Fusco’s Second Amended Complaint (SAC) she felt that her removal from class was related to her attempt to add a meeting agenda item “relating to academic freedom, class assignment procedures, peer evaluations, duties regarding the chair and co-chair, nominations for department chair and procedures for voting on faculty election day.”

In a court ruling on the SAC Judge Maxine M. Chesney denied the District’s request to dismiss the complaints regarding the First Amendment and wrongful discharge. Chesney again dismissed the allegations of related to the California Labor Code, negligent infliction of emotional distress and intentional infliction of emotional distress.

Neither of these findings were a decision of guilt with regards to the District; they did allow the wrongful termination and first amendment rights case to be heard.

The case has been in mediation since April the Board of Trusties has decided to settle. Board of Trustees President Rick Call said, “It would cost us less if we settled than if we kept litigating.”

 

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