TUSD's Goofy School Board Majority Could Improve The District's Future By Resigning.
By Chris Limberis
TUCSON UNIFIED School District taxpayers would not be forced
to shell out any more money to a victim of administrator Ed Arriaga's
alleged sexual harassment--if Joel T. Ireland and Gloria C. Copeland
resign from the TUSD Governing Board.
Arriaga, named in two sexual harassment complaints for which
TUSD has paid out a total of $67,900, also must leave his position
as interim principal at Sahuaro High School under the settlement
proposal offered last week by Don Awerkamp, the veteran employment
law attorney who represented teacher Paula Morris in her successful
suit against TUSD.
The three must resign next week or Awerkamp will press his $50,000
claims against them and $150,000 against TUSD.
The claims, and the novel remedy, arose from comments Ireland,
Copeland and Arriaga have made since mid-September when TUSD began
spending thousands of tax dollars on a frivolous lawsuit that
sought to prevent The Arizona Daily Star from printing
details about another sexual harassment complaint against Arriaga,
as well as the accompanying warnings from TUSD lawyers.
Ireland, a lawyer who is in his third term on the TUSD Board,
defended Arriaga and told the Star that the investigation
of Morris' full complaints showed "most of the issues were
outright lies."
Ireland told the Star: "Once in a while there was
a kernel of truth."
In a brief interview this week, Ireland told The Weekly
that he would not resign. And he was suddenly circumspect.
"I'm not going to comment on that," Ireland said of
Awerkamp's offer. "I need to be careful about what I say
here. I am neither confirming nor denying that I received the
letter and I am not going to comment on the matter."
Neither Copeland nor Arriaga responded to Weekly calls.
Morris, now a teacher at Alice Vail Middle School, filed suit
in Pima County Superior Court in 1994 saying that Arriaga, then
principal at Rincon High School, and two of his administrators
harassed her and discriminated against her.
"As you well know," Awerkamp said in his claim letters
to Ireland and Copeland, "we submitted a 115-page verified
disclosure statement with supporting documentation during the
litigation of those claims. That disclosure statement listed numerous
witnesses and detailed the expected testimony of these witnesses
not only to the sexual harassment, discriminatory treatment and
retaliation suffered by Ms. Morris but also to the pattern of
sexual harassment engaged in by Edward Arriaga.
"In spite of this, you and others running TUSD ignored your
duty under state and federal law to investigate this disclosure,"
Awerkamp said in the new claim.
TUSD paid Morris $50,000 in 1996. Ireland and the TUSD Board
subsequently promoted Arriaga to executive director of Human Resources
for all of TUSD. In that job, he quickly attracted another complaint,
this one from Sue Carda, coordinator of classification and compensation.
She received a settlement totaling $17,900.
After The Weekly broke the story on Carda's complaint
and settlement on September 24, Ireland told the Tucson Citizen
that the "district investigated both claims and found that
they were unfounded, but the decision to settle was driven mostly
because of economics."
Arriaga, Ireland told the Citizen, "has always denied
the accusations, and we have investigated them and found them
not to rise to the level of sexual harassment. I'm saying there
were a whole bunch of accusations by the two people talked about
and none of them came back corroborated by any independent evidence."
The "independent evidence" cited by Ireland, however,
was collected by TUSD employees, records given to The Weekly
show.
Other records provided to the Star revealed that Ireland,
Copeland and the Board ignored advice from lawyers after the Morris
case to investigate complaints against Arriaga.
Awerkamp, in his claim letters to Ireland and Copeland, said,
"The question arises as to what your motives were to so resolutely
neglect your duty to investigate Mr. Arriaga's actions."
"It is clear," Awerkamp added, "you acted for
improper motives in defaming Paula Morris in the hope of glossing
over your neglect of duty."
Arriaga, who filed for bankruptcy protection on September 1,
dumped $100 into Ireland's re-election campaign in 1996, records
show. Arriaga, who also generated complaints while serving as
principal at Tucson High, has maintained that he did not harass
anyone.
Both Ireland and Copeland professed, according to Star reporter
Sarah Tully Tapia's account, to take sexual harassment complaints
seriously. Incredibly, Copeland told the Star that she
handled some complaints on her own.
After The Weekly's story, Copeland told the Citizen
that there was "a full investigation of both issues and there
was no evidence that the charges were correct as reported. Based
on that information, I had no problem putting (Arriaga) in as
interim principal."
Copeland, elected in 1994, is losing her struggle for a second
term. With her ally Brenda Even leaving the Board after two terms
in December, Copeland has generated such an enormous amount of
controversy that eight other people are running for her seat and
Even's in the November 3 election.
The terms for Ireland and Board members Mary Belle McCorkle and
James N. Christ expire at the end of 2000.
In the new claim on behalf of Morris, Awerkamp accuses Copeland,
Ireland and Arriaga of defamation, invasion of privacy, tortuous
infliction of emotional distress, and deprivation of her liberty
interest in her good name without due process.
Sundown in this showdown has been set for 5 p.m. Wednesday, October
14 for Ireland, Copeland and Arriaga to clear out and provide
a written apology to Morris along with the promise to never take
another TUSD position.
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