Thursday, August 17, 2006

Del Mar Electronic Anonymous Input Forum: Del Mar President Carlos Garcia, "opted not to renew the yearly contract for the former EEO officer, Ms. The

Del Mar Electronic Anonymous Input Forum: Del Mar President Carlos Garcia, "opted not to renew the yearly contract for the former EEO officer, Ms. Theresa Cox"



“We do not want to hear rumors

that (Cox) was fired,” Garcia said.

“Mrs. Cox is on administrative

leave and her contract expires on

Aug. 31, 2006,” Garcia said. “DMC

has a restructuring of the administration,

and it is normal to have several

employees leave for several reasons,

such as retirement, offers for a new

employment or just moving out from

the city.

JK: By the time this article is published in the Foghorn, Gabriel Rivas and the Board of Regents are informed of the situation and the allegations against President Carlos Garcia.

JK: It is certainly valid to question the Board as to why Dr. Garcia has not been placed on Administrative leave as SOP mandates?

JK: Gabriel Rivas (en camera) represents and definitively concludes, when an employee is accused of Sexual Harassment; that employee is placed on Administrative leave.

JK: The Administrative Leave Requirement is an integral step in the Due Process and unequivocally applies to each employee the same. The act of discontinuing or modifying the JOB opportunities of one’s accuser, is a blatant act of retaliation. In the protection of DMC (all) preventing retaliation is an obvious reason the Due Process requires the placement of the accused employee on administrative leave.



Garcia lied, he said in an email to the staff today August 16, 2006 that Cox was fired because of incompetence, insubordination and unprofessional conduct which was also aired on tv today..





According to the below article that was written in April 18,2005 by the Del Mar College Foghorn, “ [Tuesday April 11, Mike Westergren, DMC in-house attorney, confirmed. “Ms. Cox is on administrative leave from the college, but we can’t reveal the details about her leave,” Westergren said.

DMC President Dr. Carlos Garcia also confirmed Cox’s status. “We do not want to hear rumors that (Cox) was fired,” Garcia said. ]



So Back then Carlos Garcia says COX wasn’t fired and NOW he Claims she was fired.



http://www.delmar.edu/foghorn/issues/041806/pages/foghorn_041806_pageA1.pdf



http://www.delmar.edu/foghorn/issues/041806/pages/foghorn_041806_pageA2_final.pdf





DMC | ADMINISTRATION

Cox

placed

on

leave



Edwin Vasquez

FOGHORN

Theresa Cox — Del Mar College

dean of Equal Opportunity and

Affirmative Action, Equity, Access

and Compliance — was placed on

administrative leave with pay last

Tuesday April 11, Mike Westergren,

DMC in-house attorney, confirmed.

“Ms. Cox is on administrative

leave from the college, but we can’t

reveal the details about her leave,”

Westergren said.

DMC President Dr. Carlos Garcia

also confirmed Cox’s status.

“We do not want to hear rumors

that (Cox) was fired,” Garcia said.

Neither Dr. Garcia nor Westergren

could comment on the reasons for

Cox’s administrative leave.

“Mrs. Cox is on administrative

leave and her contract expires on

Aug. 31, 2006,” Garcia said. “DMC

has a restructuring of the administration,

and it is normal to have several

employees leave for several reasons,

such as retirement, offers for a new

employment or just moving out from

the city.”

Garcia also said an employee can

be on administrative leave for several

reasons, but did not elaborate. He

also denied reports that the action

was not by a complaint Cox filed

with the EEO against a DMC administrator

last year.

Garcia said he could not discuss

any matter related to an employee’s



SEE COX | PAGE A2



compliant. He noted that several complaints

are filed around the year and college

takes each one of those serious and

investigate them thoroughly.

Garcia, however, said Cox was “ is still

an employee for the college.”

The Foghorn tried to contact Cox for a

comment, but she was not available at the

press time.

Because of Cox’s absence, Equal

Employment Opportunity and affirmative

action matters concerning employees will

now be handled by Westergren, Garcia

said. Westergren’s office is the East

Campus Administration Building, HA 111.

Complaints involving students will be

directed to José Rivera, vice president of

Student Development, Garcia said.

Rivera’s office is in the Harvin Student

Center-East Campus

Wednesday, August 16, 2006

Should Not Carlos Garcia, Be Placed On Administrative Leave Same As All Other DMC Employees?






CORPUS CHRISTI - A former dean at Del Mar College, Theresa E. Cox, has filed a lawsuit against the school. The suit alleges sexual harassment and retalitation by the president of Del Mar. Cox was the one-time dean of equal opportunity/affirmative action, equity, access and compliance at Del Mar College.

According to a court document obtained by 6 News, Cox claims she investigated a student's sexual harassment complaint against Del Mar President, Dr. Carlos Garcia, in September 2004.

The suit says, "Upon learning the plaintiff (Cox) had taken a statement from the student and intended to follow college procedures for processing the complaint, Dr. Garcia protested."

Ultimately, Cox claims Garcia retaliated, demoted and eventually terminated her when she cooperated with the student's complaint to the U.S. Department of Education in Washington.

Cox also alleges Dr. Garcia "made numerous unwelcome advances and inappropriate personal remarks..." to her, other female employees and students. Cox was not available for comment when 6 News called and stopped by her Padre Island home.

Del Mar's in-house counsel, Mike Westergren, declined an on-camera interview but said Garcia "absolutely denies the allegations." He described the incident as "most unfortunate."

Westergren said he's worked with both Cox and Garcia and never saw a sign of inappropriate behavior. And as a former judge, he said he would have taken action if he did see something wrong.

According to Westergren, the matter is "still being handled internally." Cox is seeking compensation, and she wants her job back. The basis of her lawsuit is that Del Mar was in violation of the Texas Whistleblower Act. If the case goes to trial, it will be a jury in Travis County, that's Austin, not Nueces County, hearing the case.

Del Mar officials said they hope to resolve the matter before it goes that far.

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Posted by Jaime Kenedeño to Del Mar Electronic Anonymous Input Forum at 8/15/2006 07:47:00 PM


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Kenedeno & Associates