Former El Rito Campus Director for Northern New Mexico College, Melissa Velasquez, filed a discrimination claim against her former employer with the Equal Employment Opportunity Commission.
In her complaint, Velasquez alleges Northern discriminated against her based on her gender, national origin and because of retaliation for the grievance she filed against Northern.
“Anthony Sena, Provost, became my immediate supervisor, and on Oct. 16, 2013, he along with Bernie Padilla, Human Resources Director demoted me as (El Rito) Director and placed me in a staff position,” the claim states. “I was disciplined for issues male employees have not been disciplined for. I filed a grievance Oct. 25, 2013, and I was retaliated against when I was again disciplined.”
Velasquez’s complaint went on to discuss her termination and how Sena transferred her to a position she felt was already set to be eliminated. In her claim, she believes the college used the budget shortfall as an excuse to terminate her employment because of the grievance she filed with the Commission.
How it began
The set of incidents began in July 2013, when Velasquez met with Northern’s Vice President of Finance Domingo Sanchez. Velasquez said the meeting began cordially but escalated when she requested additional funds to operate the El Rito campus, particularly to add kitchen personnel.
“He stood up, he shouted at me,” Velasquez said. “He was just really angry and he threatened me with shutting down the campus and closing the kitchen. He mentioned to me that he just really didn’t care what happened to the El Rito campus.”
Afterward, Velasquez spoke with Northern’s President Nancy Barceló, to discuss the incident that occurred with Sanchez. Velasquez said Barceló assured her that she would speak with Sanchez and Sena regarding their behavior. In exchange, Velasquez would not file a discrimination grievance.
Barceló did speak with Sena and Sanchez in early August, but Velasquez said problems continued for her. Sanchez would no longer take meetings with her and on Oct. 18, 2013 Velasquez was issued the first of two letters of reprimand. She was released from her duties at El Rito and transferred to the Española campus later that day.
A week later, Velasquez filed the gender discrimination claim against Northern. In November, she was issued her second letter of reprimand and was terminated June 30, 2014.
Velasquez said the entire situation has been surreal for her because prior to the July 2013 meeting, she received excellent reviews from the college.
“In fact, I have a letter from the president herself, talking about what a marvelous job I had been doing leading that campus,” Velaquez said.
Letters of reprimand
Velasquez’s first letter of reprimand was issued Oct. 16, 2013 for a number of alleged infractions. Velasquez made an agreement with the United States Forest Service for a project that was taking place at the El Rito campus and the letter stated she made the agreement without getting prior approval. Sena wrote that, at the very least, Velasquez should have informed him about the agreement, but she failed to do so.
The reprimand goes further. It alleges the contract with the Forest Service requires other college employees to commit volunteer time to the project and Velasquez does not have the authority to commit them to volunteer their time. Sena claimed both of the actions could potentially place the college in a precarious legal situation, should anything adverse happen.
Sena went on to write that issues have already started to arise because of the contract agreement. The contract requires use of the onsite kitchen for guests, but the budget had not been allocated to assign staff to El Rito. Therefore, the college may not be able to provide the kitchen and food services that guests require.
The reprimand cited other issues. Sena wrote that Velasquez sent an email to another college employee informing her that only one full-time equivalent employee was available for kitchen duty, fewer than what was necessary to provide food services for guests at El Rito. Unless additional staff members were allocated to the campus, Velasquez would begin canceling scheduled events and letting Sanchez and Barceló explain to El Rito guests why their events were abandoned by Northern. Sena claimed this was an act of insubordination.
Sena charged that Velasquez permitted guests to stay in the campus dormitories without prior approval.
“You have confirmed that a number of College staff/faculty members have stayed, or are staying, free of charge, in the dormitory rooms or in the President’s House without authorized rental agreements,” the letter reads.
Housing fees can only be waived if management approves it and, according to the letter, Velasquez did not receive approval. Sena went on to write that Velasquez’s actions violate New Mexico’s Anti-Donation laws and Internal Revenue Service regulations. Finally, Sena charged that Velasquez failed to attend required meetings to communicate with him issues that were taking place at El Rito.
Velasquez was issued a second letter of reprimand by Sena on Nov. 7, 2013.
Sena wrote Velazquez did not inform him that she was taking leave from Oct. 14 to Oct. 18, 2013 — a violation of the Northern’s staff handbook.
The response
Velasquez formally challenged Sena’s claims in a rebuttal letter to the college dated Oct. 25, 2013. Velasquez believed her job description permitted her latitude when it came to operating the El Rito campus, including making agreements with other institutions and designating those who can stay in the dormitories, when they can stay and for how long.
“During the month of September, I did sign for El Rito Campus as a cooperator on an agreement with Region 3 of the US (United States) Forest Service,” Velasquez wrote. “I believe this is consistent with my job description listed under Job Summary: Essential Functions (12): Supervises all budgets at the El Rito Campus and submits to the Vice President, and (13): Has responsibility for scheduling all facilities use on the El Rito Campus.”
The rebuttal letter states she did not commit other Northern employees to volunteer their time in order to fulfill the agreement with the Forest Service.
Velasquez said they volunteered themselves and she states it can only help Northern to secure additional partnerships with other institutions.
She wrote that her email to another Northern employee was not an act insubordination, but of clarification for discussion.
She states that if there was not enough room in the budget for additional kitchen staff for El Rito, then the issue needed to be discussed further.
Velasquez wanted to know if the scheduled events needed to be canceled or if the money could be found.
She also wrote that she deferred to Sanchez and Barceló to explain the potential cancellations to the organizations because they were the most qualified people to do so.
She also wrote that she did not receive any protocol regarding guests staying at the dormitories.
Furthermore, Velasquez claims she was not informed about the rules or policies concerning housing fees.
She claims the staff and faculty who stayed in the guest facilities did not stay long enough to need authorized rental agreements and that allowing them to stay free of charge did not violate the state’s Anti-Donation statutes.
Velasquez also wrote she continuously informed Sena about all matters related to El Rito.
“I have at least 250 email messages (if not more) all concerning the El Rito Campus in one form or another, my numerous attempts at communication, most of which you responded to confirming they were received,” Velasquez wrote.
She also wrote she attended the meetings she was required to attend and she had witnesses who could attest to that.
In addition, she is not the only one to miss meetings and the meetings she did miss were because she was attending to her other duties.
Velasquez claimed the leave of absences in the second letter of reprimand were necessary. She needed that time to move her belongings from El Rito to the Española campus.
The Commission has ordered Northern into mediation on Velasquez’ claim.
If the college accepts the mediation, Velasquez will return to El Rito as the campus director.
If the college wishes to challenge the mediation terms, the Commission will then sue the college, a lawsuit will be filed and both parties will go to trial.