Jeff Baker and College of the Desert reach nearly $600,000 settlement in retaliation claim

A settlement of $594,218.75 was recently reached in a legal claim of retaliation between College of the Desert and its former vice president of student services, Jeff Baker.

Baker, who initially filed a legal claim with COD in November 2022, alleged defamation by the college, its former top leader and two board of trustee members. He also claimed the behavior of former trustee Aurora Wilson led to retaliation against him after he raised concerns about the college's search that resulted in the hiring of Martha Garcia as superintendent/president in August 2021.

Through the claim he filed, he said he suffered substantial emotional distress and damage to his reputation as a higher education administrator.

More: College of the Desert VP Jeff Baker alleges school's president, 2 trustees defamed him

His attorney, Megan Beaman Jacinto, said that defamation is not a claim that can be brought against public entities or elected officials. However, she said this claim could be brought because the defamation resulted in retaliation in his work and his job. Beaman Jacinto also explained that filing a claim with the employer before going to court (aka before, in this case, filing a complaint against Desert Community College District in the Superior Court, County of Riverside) is a necessary step in certain cases against government entities.

"From Mr. Baker's point of view, and mine as well, a big takeaway here is that there are some consequences for especially elected officials who sometimes feel untouchable in their positions," Beaman Jacinto said. "When it comes to employees and the public entities, those employees do have rights to be treated fairly and according to the law, not subject to the whims of the political environment or political goals."

After Joel Kinnamon resigned as president/superintendent in March 2021, Baker stepped in as COD's interim president until Martha Garcia assumed the role. (Kinnamon currently serves as a trustee.) Baker was initially hired by Kinnamon as executive vice president in 2016. He later transitioned into a consultant role before becoming interim vice president for instruction. In the spring of 2019, Baker was appointed vice president for student services. Following Kinnamon's sudden retirement, Baker was named the interim president of the college.

More: College of the Desert trustees OK $355,000 contract for new president, Martha Garcia

More: As Martha Garcia nears end at COD, trustees say she ‘weathered storm’ during brief tenure

The initial complaint that was filed with COD said that Garcia gave Baker "extensive negative criticism" in a performance evaluation submitted in August 2022. Baker claimed that the evaluation lacked specific examples or factual basis for the criticism and that he was reprimanded for a project he no longer managed. Baker said in the complaint it was the first such criticism he had received in his career.

As part of the settlement agreement, which was finalized on March 11 and dismissed on April 17, the evaluation will be sealed and kept in the vice president of human resources' office, explicitly prohibited from inclusion in Baker's personnel file or records unless compelled by a subpoena or court order. Baker also resigned on March 18 as part of the agreement.

"There was the evaluation, and there was just an ongoing stripping of responsibilities, which is a typical type of retaliation that employers find to be a subtle way of getting back at an employee, which is retaliation," Beaman Jacinto said. "But when there's so many strippings of responsibilities, it's like a form of demotion and also isolation as a punishment or a way of retaliating against the employee."

While litigating the case, Beaman Jacinto noted that Baker continued to work during his pending lawsuit, describing it as a difficult experience. Earlier this year, Baker went on administrative leave as the settlement terms were being finalized. He had also taken a mental health disability leave from the college in the fall of 2022.

"In the most basic way, this case was about him getting embroiled in a lot of the political things that were happening because of his position (as) interim president at the time," Beaman Jacinto said. "He was publicly blamed for a lot of things that happened, through the decision of the board and also the next president (Garcia) who came in."

The City of Palm Springs has a pending lawsuit against COD, alleging non-compliance with the California Public Records Act. Beaman Jacinto said that Baker remains affiliated with COD with that case due to his role as interim president during part of the period in question.

More: Palm Springs sues College of the Desert, alleging failure to provide public records

At present, 14 individuals — including "college officers, employees and agents," according to court records — connected with College of the Desert's response to the city's public records requests have been or are being deposed during these first three weeks of May.

However, Beaman Jacinto noted, Baker's personal case of retaliation is now over. "One of the things that I think is important about this case is he's one of the first people to stand up, even valleywide, against abusive, elected officials and say, 'I have rights and I'm not taking this anymore,'" Beaman Jacinto said. "And so I'm hopeful that the fact that he's done that will not only inspire others that they can do the same, but also be a call to elected and contracted public leaders that there are consequences for their actions."

“At College of the Desert, we proudly serve students from diverse backgrounds and are committed to ensuring students across the region have access to education," said a statement provided by COD's public information officer. "Due to ongoing litigation with the City of Palm Springs and considering that the other requests are personnel matters, we will not provide any further comments at this time.”

According to Beaman Jacinto, Baker's break from the college and the trauma he endured have led him to contemplate his next steps, but he has not yet landed firmly on a plan.

Previous reporting by Jonathan Horwitz was used in this report. 

Jennifer Cortez covers education in the Coachella Valley. Reach her at jennifer.cortez@desertsun.com.

This article originally appeared on Palm Springs Desert Sun: Jeff Baker and COD reach nearly $600,000 settlement in retaliation case