Facts

Plaintiff Levi Miller was hired as a part-time instructor at the Public Safety Academy of the College of the Desert ("COD") in Palm Springs continuing on a semester to semester basis to the present time. In 2014, Plaintiff executed a Temporary Employment Agreement ("TEA") to also serve as the Basic Peace Officer Training ("BPOT") Coordinator. In April of 2916 (Spring semester) Plaintiff learned that he had been removed from all of his teaching assignments including the BPOT Coordinator position without warning. COD president Joel Kinnamon installed a new dean, Zerryl Becker, in January of 2016. Becker testified that she removed Plaintiff as BPOT coordinator without consulting Clayton Mayes, the Chairman of that Department. Mayes was shocked and confronted Becker who told him she did itbecause she discovered that Plaintiff had been working as a full-time faculty member since the third semester he held the BPOT Coordinator position as a result of the "67%" rule which states that if a part time faculty member teaches a full time load for more than two semesters they must be made full time faculty with the benefits that go with that status - to wit, tenure, higher pay and substantial other benefits including enhanced reitirement.. Becker also told Mayes that "It isn't just Levi. There are 28 other COD employees in the same situation." Mayes testimony was corroborated by a current dean at COD who heard Becker make these statements.

Becker and defense HR expert Novotny both testified that if there were 28 other employees, including family members, who had to be recognized as full time employees/faculty because the school violated the 67% rule it would be a problem for the school.

Miller filed and pursued a grievance through two levels. COD denied them both. A full time faculty position became available and Miller wanted to apply for it. When Becker learned this she told Mayes to warn Miller that if he stated on the application tha the had been working as a full-time faculty member, President Kinnamon stated that he would never get that position. Mayes conveyed that warning. Plaintiff believed he had to make a choice between telling the truth, that he had in fact been a full time employee and not getting the job, or lying on the application hoping that he would get the job. The application required him to "certify" to the truth of its contents. Miller chose to tell the truth. He didn't get the job even though the evidence showed he was the best qualified candidate. He applied twice more for additional full time positions. Again, he was by far the best qualified candidate. Both times he was rejected.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he was retaliated against for protesting and refusing to remain silent about being a full time faculty member under the 67% rule.

DEFENDANT'S CONTENTIONS: The defense contended that he was never a full time faculty member.

Specials in Evidence

Future Loe: $1,677,499

Damages

$2,058,868

Result

Plaintiff's verdict for $2,058,868. The court found plaintiff sustained $81,369 for past lost earnings and future lost earnings of $1,667,499. The court awarded $300,000 for past and future general damages.

Deliberation

One day

Length

9 days