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Fernandez files new lawsuit against regents, NMC
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Posted on Jun 08 2011
Former Northern Marianas College president Carmen Fernandez filed Tuesday a new lawsuit against the college and four members of its board in relation to her termination in April last year.
Fernandez earlier sued NMC and some regents at the district court but all six charges were dismissed last month.
This time, Fernandez filed the case at the Superior Court and included former lawmaker Oscar Rasa and 10 other unnamed respondents.
In the 18-page document obtained by Saipan Tribune, Fernandez, through counsel Brien Sers Nicholas, is suing NMC for breach of contract, breach of covenant of good faith and fair dealing, and wrongful termination.
Fernandez sued four regents—Janet King, Maria Paz Younis, Andrew Orsini, and Frank Rabauliman—for defamation and conspiracy to defame. She is suing Rasa for intentional interference with contract and economic relations.
Fernandez was removed from office on April 12, 2010.
She claims that she was terminated without cause—allegedly a violation of her contract. Fernandez also claims that the regents conducted a criminal investigation against her based on false accusations of embezzlement and subsequently making public statements of the probe.
On Jan. 12, 2011, the four board members voted to suspend Fernandez, pending the outcome of the investigation against her. The probe looked into allegations that Fernandez made unauthorized changes to the grades of some students.
Fernandez claimed that she was not accorded the opportunity to be heard or defend herself and was also never told of the reason for her suspension. She claimed that it was only on Jan. 29 that she received the suspension notice.
The four members voted on April 12 to terminate her employment contract and Fernandez said the formal decision was only sent to her on April 19.
The former president is demanding actual, general, special, and compensatory damages. She also demands punitive damages, including attorney’s fees and other relief.
According to the complaint, Rasa was a member of the transition committee that conducted an assessment of NMC and engaged in a series of meetings with King discussing the former president’s contract.
