Case details

Alleged anonymous complaint led to JROTC instructor’s demise

SUMMARY

$3335840

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
On Aug. 1, 2011, plaintiff Major Archie Roundtree, a veteran instructor of the Junior Reserve Officer Training Corps (JROTC) program at John H. Francis Polytechnic High School in Sun Valley, reported that the school was operating the Air Force JROTC program in violation of federal law. He reported his concern to Gerardo Loera, who was then the principal of John H. Francis Polytechnic High School and is now Chief Academic Officer for the Los Angeles Unified School District. Specifically, Roundtree claimed the school district was obtaining reimbursement from the federal government for a program that could not meet the program requirements of providing 100 voluntarily-enrolled students with 16 weeks of instruction. During the meeting on Aug. 1, 2011, Loera authorized Roundtree, at Roundtree’s suggestion, to draft a waiver request to the Air Force, requesting a waiver of the voluntary enrollment requirement of the program. The purpose of the waiver request, which Loera signed and the Air Force approved, was to assist the school in meeting the federal 100 cadet enrollment requirement, using involuntarily enrolled students; provided that all 100 students received the mandated 16 weeks (120 hours) of instruction. However, Loera failed to implement or comply with the terms of the waiver. Three days after the meeting, an alleged anonymous complaint against Roundtree was emailed to Loera. On Oct. 28, 2011, Loera sent a letter to the Air force containing numerous accusations against Roundtree. Relying on accusations from the Los Angeles Unified School District, the Air Force placed Roundtree’s teaching certification on probation and informed the school district that if Roundtree received an unsatisfactorily performance evaluation, he would be decertified. The school district then submitted an unsatisfactory performance evaluation to the Air Force. As a result, the Air Force revoked Roundtree’s 15-year certification to teach JROTC cadets on May 21, 2012. Roundtree sued the Los Angeles Unified School District; Loera; and assistant principals Adriana Maldonado-Gomez and Ari Bennett. Roundtree alleged that the defendants’ actions constituted violations of Labor Code § 1102.5 and Education Code § 4413. He also alleged that the defendants’ actions constituted an invasion of privacy, defamation, tortious interference with contractual relations, intentional infliction of emotional distress, and negligence per se. The matter went to trial on the Labor Code and defamation causes of action only. Plaintiff’s counsel contended that the Los Angeles Unified School District never identified the author of the alleged complaint against Roundtree that was allegedly emailed to Loera three days after the August 2011 meeting. Counsel also contended that the school district never presented any evidence of actions taken to validate the accusations contained in the complaint. In addition, counsel presented evidence at trial that the actions attributed to Roundtree in the complaint were in fact actions taken by Loera, himself, and his administration. Plaintiff’s counsel asserted that Loera complained in secret to the Air Force about Roundtree, accusing Roundtree of undermining the JROTC program to force a transfer to another school. Counsel contended that Loera never discussed with Roundtree any of the complaints he was relaying to the Air Force and that Loera directed his assistant principal, Maldonado-Gomez, to compile student complaints against Roundtree in secret and forward them to the Air Force. Counsel also submitted documents at trial that attributed a request made by Loera to the Air Force for the decertification of Roundtree’s JROTC teaching certification. In addition, counsel contended that the school district then manufactured additional accusations against Roundtree and submitted an unsatisfactory performance evaluation to the Air Force. Roundtree was not informed of the complaints, nor was he given an opportunity to respond. Roundtree claimed that he only learned that a case was being made against him after the military had already taken steps that led to his “decertification” as a JROTC instructor, which cannot be appealed. Thus, plaintiff’s counsel argued that the defendants’ retaliation against Roundtree was swift and brutal, in that Loera conspired with his administrators, including Maldonado-Gomez and Bennett, to terminate Roundtree’s career and to never grant Roundtree his certification again. According to plaintiff’s counsel, Loera was unable to substantiate, confirm or validate any of the accusations he made against Roundtree. The defendants claimed they received complaints from students and were required to report Roundtree to the Air Force., Roundtree claimed that he was considered an outstanding officer by the Air Force. He received many commendations and medals. In 2008, before he was hired by the Los Angeles Unified School District, he was nominated for instructor of the year. Roundtree claimed that the defendants’ actions ultimately prevented him from teaching JROTC at any campus after he finished the school year at John H. Francis Polytechnic High School. He claimed that as a result, he suffers a loss of income. The plaintiff’s psychology expert opined that as a result of the defendants’ actions, Roundtree suffers from major depression and anxiety. Roundtree testified that his entire life collapsed after his decertification. He claimed that in a period of 10 months, the defendants destroyed his most important relationships — his relationship with the Air Force was destroyed by his 15-year instructor certification being revoked by the Air Force, he separated from his wife of 34 years, and his relationship with his two children became strained. He also claimed his reputation for integrity was shredded and his life was annihilated. Roundtree alleged that as a result, he even contemplated suicide.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case