Benitez's and Lopez's suit states those school officials played a role in either Benitez's termination or

"I don't think students realize how powerful they are, and I want them to realize that," Garcia said.

Del Mar College, Benitez settle his lawsuit
Former instructor alleged violation of civil rights

Israel Saenz Caller-Times
Wednesday, September 20, 2006


An attorney for Alberto Benitez said a settlement has been reached in the former Del Mar College instructor's civil rights and breach of contract lawsuit against the school.




Benitez attorney Robert Heil said Tuesday that representatives for his client and the school came to an agreement late Friday afternoon, three days before a trial was set to begin in federal district Chief Judge Hayden W. Head Jr.'s courtroom.

Attorneys for both sides would not elaborate on the terms of the settlement.

"I can say that both parties have reached an agreement without having to go to trial," Heil said.

Benitez and former Del Mar student Melody Lopez filed the lawsuit in September 2005, alleging school officials unlawfully terminated Benitez's employment that January, after he supported Lopez's claim of racial harassment by a Del Mar employee.

Heil said no agreement has been reached in Lopez's lawsuit. Her case still will go to trial, although Head has not set a date.

Del Mar attorney Augustin Rivera said a tentative agreement was reached after Head dismissed civil rights violations claims against six of the college's current and former officials in a pre-trial hearing Sept. 7.

At the hearing, Head dismissed claims against Del Mar College President Carlos Garcia, Board of Regents President Gabriel Rivas, Vice President of Student Development Jose Rivera, Vice President of Instruction Rosie Garcia, Legal Professions Department chair Stonewall Van Wie and former Dean of Business Ann Matula.

Head did not dismiss the suit's claims against the college as a whole at that time.

"After the court ruled in the college's favor on a substantial part of the plaintiff's case, the college was presented with a reasonable opportunity prior to trial to end the litigation and avoid any further expense or costly disruption of college business," Augustin Rivera said.

Benitez's and Lopez's suit states those school officials played a role in either Benitez's termination or retaliation against Lopez, who the suit states officials expelled from the college in September 2004.

The plaintiffs further alleged that after a February 2003 incident in which Lopez and two other students were verbally harassed by a school official's secretary, Benitez issued a witness statement as part of her grievance procedure.

"We believe (Benitez's) civil rights were violated," Heil said. "That's why the claim was brought against Del Mar. All that is remaining is Lopez's claim."

Benitez, who suffered a gunshot wound in August 2003 and recovered, also claimed a violation of the Americans with Disabilities Act. He conducted criminal justice courses online as he recovered, before his termination.

Francisco G. Perez was convicted of attempted capital murder and sentenced to 60 years in prison for the shooting. Benitez's ex-girlfriend, Elizabeth Reynolds, was sentenced to life in prison for hiring Perez to kill Benitez.