Van Wie refused to acknowledge her presence, and instead simply ignored her.

10. As of early 2003, Mr. Benitez was an assistant professor in the Criminal Justice department at Del Mar. Mr. Benitez had received excellent evaluations and was on his way to receiving a tenured position. As a former Border Patrol agent, Mr. Benitez used his connections within the law enforcement community to enhance the instruction of students and the reputation of the department.

11. As of early 2003, Ms. Lopez was a student in good standing at Del Mar pursuing her associate degree in Criminal Justice.

12. Less than two years later, Mr. Benitez had been shot, slandered, harassed, and finally terminated in a proceeding that made no serious attempt to provide due process or even to follow the procedures set forth in Del Mar’s policy manual. Meanwhile, Ms. Lopez had been stalked, harassed, slandered by a member of the Board of Regents as a “little Mexican whore,” and finally expelled without a hearing to block the investigation of sexual harassment charges that she made against the President of Del Mar. Mr. Benitez and Ms. Lopez now seek redress for the defendants’ misconduct. The Genesis of the Dispute: Ms. Lopez’s Grievance 13. In early February 2003, Ms. Lopez and two other Hispanic students were seeking course information from Karen Huegler, who is the secretary of Stonewall Van Wie, the chairman of the Criminal Justice department. The secretary had a track record of hostility and contempt toward Hispanic students, and on this occasion she was openly rude to the students. This led to a loud confrontation between Huegler and the students. 14. Several members of the department witnessed the incident, including Van Wie and Mr. Benitez. One of the students asked Van Wie to intervene, but Van Wie refused to acknowledge her presence, and instead simply ignored her.