Cruz: PSS wants to bury sexual harassment problem
Dr. Bobby Cruz, director of Instructional Technology & Distance Learning at the Public School System, accuses PSS of trying to cover up the ongoing sexual harassment problem within the system, citing communications between the Board of Education and administrative hearing officer Catherine J. Cachero in his ongoing sexual harassment complaint against former Education commissioner Dr. Afred B. Ada.
Cruz, through his lawyers, Robert Torres and Charity Hodson, sent a written motion yesterday to Cachero and BOE members, demanding her disqualification and for the BOE to issue a finding that he has exhausted all administrative relief. That would essentially allow Cruz to bring his complaint to court.
Cruz said his request is warranted as his grievance is not going through a “fair and impartial” process. He alleges that his team was able to acquire evidence of impermissible, improper ex parte communication between Cachero and members of the BOE, where the board allegedly directed Cachero to limit what matters to be heard during Cruz’s administrative hearing and to essentially ignore his sexual harassment allegations.
Cruz’s lawyers argue this is in violation of his constitutional right to due process, and in violation of the ethical duties of a hearing officer to preside over administrative hearings with impartiality and to abstain from ex parte communications.
“This is not a fair or impartial process and Dr. Cruz has exhausted every opportunity to try to present his case. PSS and the board have demonstrated that it is unable to provide that forum,” states the motion.
“Despite PSS’ repeated anthems of transparency and integrity, the only transparent takeaway here is that PSS is determined to bury what is obviously a continuing sexual harassment problem at PSS. And who would expect any different? If PSS allows sexual harassment to occur to multiple employees by the head of the institution, the commissioner of Education, how would anyone expect that sexual harassment would not multiply and flourish for the last decade, now apparently to the detriment of underage students? There is no transparency where the board engages in secret communications and directives to the hearing officer. There is no integrity when the board dictates what issues can be heard by controlling the hearing officer. The AHO must be disqualified, and the board must issue a decision that administrative remedies have been exhausted,” the motion added.
Based on documents reportedly acquired by Cruz’s team, BOE’s legal counsel had allegedly emailed Cachero that, because Ada had already resigned, he believes the harassment portion of the grievance has become moot.
Cachero, in her response, disagreed with the BOE legal counsel’s assessment that Ada’s resignation did not limit Cruz’s grievance.
“However…the AHO affirmed that despite her reservations, she would follow the instructions of the board and skip an investigation, only hear the salary claim, and would not hear the allegations of discrimination based on sexual harassment and a hostile work environment,” said the motion.
Cruz alleges that this is the third time he and his team have called for an issuance of an order finding he has exhausted all administrative remedies.
“This matter has now been pending for 14 months. Members of the board making decisions on this issue include a board member who is related to Dr. Ada and impermissibly participated in the decision to direct the AHO not to decide the issue of whether her brother-in-law, Dr. Ada, sexually harassed Dr. Cruz and other PSS employees for the last decade. The board initiated and engaged in ex parte communications with the AHO they had appointed supposedly to be fair and neutral, which misconduct now requires her disqualification,” said the motion.
Cruz filed his grievance against the commissioner back in November 2022 alleging the commissioner of sexual harassment and other unprofessional conduct including a reduction in salary.
Dr. Bobby Cruz
