NEWS
The Southwestern College Sun
March 6, 2017— Vol. 60, Issue 5
New President faces many challenges
Photos by Thomas Contant
SO MANY GOOD THINGS GOING ON — Dr. Kindred Murillo said the college has some critical challenges to address this year, but she predicts a bright future.
By Brelio Lozano News Editor
Two days after America inaugurated a new president, Southwestern College got a new chief executive too. Dr. Kindred Murillo officially assumed the presidency on in Jan 23. She came here from Lake Tahoe Community College where she was superintendent/ president. Murillo took over from interim president Robert Deegan, who came in soon after Dr. Melinda Nish resigned on June 30, 2016. Murillo has served as faculty and in several administrative roles during her 20 years in the California community college system. Inclusiveness, transparency and service are important to her, she said. “I came in here because I believe in what we do,” she said. “I believe this college is one of the places where we can really do good work around inclusion and student success.” Murillo said SWC must reduce its achievement gap and the opportunity gap. “That is why I came here,” she said. “The only way we can do that is if we come together as a campus and really focus on what we believe in, which is students.” Murillo said she will be an advocate for SWC. “This college can do such great things in this community,” she said. “I think it has got so much more potential than it is showing, and it needs an advocate and it needs someone to pull it together and really show the world how good it is.” Much of the good at the college is overlooked, Murillo said. “Because there’s so many good things
Harassment: Student worker charges three employees in lawsuit Continued from pg. A1
rape attempt, but she did not report this incident because of trauma, humiliation and fear of reprisal from command. In July of 2015, the documents state, Martorano asked Doe if “her boyfriend knew she had ‘fucked Kevin (McKean)’” in front of a student worker. Doe was a student when the SWCPD hired her as a Public Safety Assistant in January 2014. Court papers claim the problem began when Suarez returned to work from leave in fall 2014 and reportedly asked Doe for nude photos, inquired about her sex life and shared unsolicited details about his sex life. In January 2015 Suarez told Doe to grow her hair longer because he likes to pull on long hair during sex, according to documents. The lawsuit also states Suarez bragged for months about seeing a female employee’s undergarments when strong winds blew her dress up. Suarez allegedly also bragged about walking in on another employee changing in the women’s locker room. The employee said she saw texts on Suarez’s phone about herself written in a “sexual nature.” Doe stated that complaints to supervisors, including Cash, were ignored or mishandled. In July of 2015, Doe complained to Suarez, her immediate supervisor, about Martorano’s behavior.
going on at this campus and it gets overshadowed by some of the negative things, and the negative things are really a small number of people,” she said. “But because they are so negative, they overshadow 95 percent of the people on this campus that are really doing good work. My focus is making sure the good stuff is where we’re spending our energy.” In her third week as president, Murillo released a statement to faculty and staff regarding newsworthy issues happening at SWC. “As these uncertain times unfold before us, our students, and our community, I try to stay optimistic and focused on the good things we at SWC do for the students and the communities we serve,” read Murillo’s email. “I believe it is more important than ever for all of us to provide critical hope for our students.” Just minutes after sending the email, Murillo announced changes within the campus police department. “Chief Michael Cash will be out temporarily,” Murillo wrote. “During his absence, Davis (Dave) Nighswonger will be acting police chief.” Murillo’s first weeks as president have already seen controversy as the college was hit with several lawsuits. Former dean Dr. Donna Arnold and IT employee Johnny Blankenship have filed separate lawsuits charging racial discrimination and retaliation. Soon after, a former SWC employee filed suit against the college alleging serial harassment when she worked in the campus police department. Murillo gave a lengthy interview with the Sun to discuss her background in higher education, her thoughts on the current political climate and her hopes for the future of SWC. “Suarez did absolutely nothing to investigate Doe’s complaint or discipline Martorano for his inappropriate behavior,” court documents say. “Instead, Suarez’ solution was to move Doe away from Martorano (into) a back office where she was relegated to doing needless busy work in order to kill time.” Doe then complained anonymously about Martorano to Cash, court papers say, but Cash revealed to Martorano that Doe was the source of the complaint. “As a result,” papers say, “the tension in the office grew more unbearable for Doe, especially when she worked near Martorano, who continued to repeatedly harass her.” In November 2015, Suarez advised Doe not to complain to Cash again because he favored Martorano, the suit states. Suarez said he would talk to the chief, but the court documents say that he never followed through. Suarez advised Doe to apply for a Campus Security Officer (CSO) position so she would not have to work near Martorano, and in January 2016 she was informed that she was not selected for the position. Around that time, Suarez was promoted to Corporal, and he denied Doe’s request for a transfer to a clerical position on grounds that Martorano worked near the clerks and her complaint against Martorano would “bar her transfer.” Suarez said she would be granted the transfer if she remained silent about Martorano, Doe Charged. “I was denied transfer opportunities that would have lessened my contact with the individuals who were sexually harassing me and was told by one supervisor that I would have gotten the transfer I requested had I not
complained about the sexual harassment I experienced,” court documents say. In spring 2016, Sgt. Robert Sanchez told Doe he would grant the transfer if she could work with Martorano. Doe agreed, and as a result she saw Cpl. Suarez less often. Suarez, however continued to harass her, according to the lawsuit.. “Suarez continued to make inappropriate remarks about Doe’s body and clothing and expressed how much more he preferred looking at her body as a clerk than when Doe would wear the (Public Safety Assistant) uniform,” reads the court document. The complaint states the harassment by all three McKean, Suarez and Martorano continued until Doe was relocated off the main campus in October 2016. Marlea Dell’Anno, the attorney who filed the complaint, was formerly in charge of the city’s criminal division as an assistant San Diego City Attorney. She recently initiated a lawsuit against former San Diego City Attorney Jan Goldsmith for wrongful termination. Her law firm has not replied to interview requests. SWC officials is currently reviewing the complaint, according to a written statement. “The District is reviewing the complaint and takes such claims very seriously,” their wstatement said. “The District will take appropriate action, as needed, to prevent workplace harassment and to remediate any instances of harassment that are found to have occurred.” Also named in the suit are 20 “Roes,” unnamed people who could become potential defendants in the future.
Lambert: Blackboard specialist put on administrative leave Continued from pg. A1
Lambert contacted his union, the California School Employees Association. CSEA president Matthew Millus said he was only able to confirm the personnel action placed on Lambert. “I can only say that Mr. Lambert is on paid administrative leave pending conclusion of a fact-finding investigation,” Millus said. “The district has not divulged the scope of the investigation, nor is the district obligated to at this point. Mr. Lambert has the full support of the chapter leadership in resolving this situation and restoring the support for distance education and Blackboard. We are awaiting contact from the district to determine the appropriate course of action.” Lambert said he is suffering great distress. “I’m feeling some extreme stress and I already have physical problems that have surfaced because of stress over the last couple of years with everything that is going on with the college,” he said. “I have (an) arrhythmic heart and inflammation in my gastrointestinal tract and my lungs.” “I’ve been in higher education for 30 years and have never been treated this badly. Ever.”
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Cash: Controversial chief once again on administrative leave Continued from pg. A1
college is working through.” Nighswonger said he has not been in contact with Cash and has no information about his situation. Campus Police Officer Torrance Carrington said he did not know in advance that Cash would be on leave. SWCPD Sgt. Robert Sanchez, who has previous experience as acting chief, said he did not apply for the position this time. A lawsuit filed with the Superior Court of California, County of San Diego on Feb. 16 alleged serial sexual harassment within the police department. The document states that an anonymous Jane Doe faced repeated sexual harassment in the workplace and was sexually assaulted by two SWCPD employees. Named in the suit are former employee Kevin McKean, Emergency Management Officer Joseph Martorano and Campus Police Officer Ricardo Suarez. Doe claims in the suit that she complained to Cash about Martorano’s behavior in 2015. Cash said he would speak with Martorano about his behavior without revealing Doe as the source of the complaint, she said in the court documents. Cash, however, told Martorano the complaints came from Doe, according to the lawsuit. “As a result,” the suit states, “the tension in the office grew more unbearable for Doe, especially when she worked near Martorano, who continued to repeatedly harass her.” Cash was not named as a defendant, though 20 unidentified SWC employees were listed as “Roes” and possible future defendants. Cash was previously placed on administrative leave in August 2013 after his weapon discharged at head level and narrowly missed three people in an adjacent room at SWCPD headquarters. Witnesses reported that SWCPD officers approached Cash and told him to drop his weapon. Cash sat down his pistol, then dropped to the floor, rolled over on his back and had what was described as seizure-like symptoms. He was taken by ambulance to a hospital. Billy Brooks, a carpenter, witnessed the events. “He was hysterical and kept hollering ‘Accidental discharge! Accidental discharge!’” Brooks said. “He became more and more hysterical and couldn’t hardly talk.” Cash later told The Sun there was no medical issue that caused him to fire his gun. He was put on administrative leave by former president Dr. Melinda Nish. An internal investigation by Sgt. Robert Sanchez concluded the gunfire was not accidental, while an external investigator concluded it was an accident. Nish reinstated Cash after five weeks. In 2013 The Sun requested that Nish and the governing board release the Cash gunfire report by Betty P. Kelepecz, but Nish declined the requests citing the Police Officer’s Bill of Rights (POBOR). First Amendment attorney Frank LoMonte of the Student Press Law Center said Nish and college lawyers applied POBOR incorrectly and that the report should be released. The Sun requested the release of the report again this month, but Murillo and college lawyers reaffirmed Nish’s decision to withhold the report under POBOR. “The parties seeking the report must follow the POBOR procedures to obtain the report,” Murillo said. When journalism students sought the release of the Kelepecz Report, Cash filed an Equal Employment opportunity (EED) complaint against The Sun’s adviser, Dr. Max Branscomb, charging him with racial discrimination. An investigator hired by the college ruled against Cash. Cash has experienced controversy throughout his career. In 1987 he was suspended for excessive force while serving in the San Diego Police Department. He worked for the NFL coordinating security at the Super Bowl, but left under unknown circumstances. In 2007 Cash was relieved of his position as Head of Security for the San Diego Chargers following curfew violations by several players prior to a loss to the Minnesota Vikings. Nighswonger said he is willing to serve until the Cash situation is resolved. “I’m not sure what is going on with Chief Cash,” Nighswonger said. “For me, filling in could mean a long-term absence, but I don’t really know. I’m gearing up to continue this role as long as the college needs me.”