Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 1 of 10 PageID 1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
ABILENE DIVISION

Jaime Beltran
Plaintiff,

v. CIVIL ACTION NO. _____________

Ranger College
Defendant

Plaintiffs Original Complaint

Plaintiff Jaime Beltran (Beltran or Plaintiff) files this Original Petition against

Ranger College (Ranger or Defendant) and shows:

Statement of Jurisdiction

1. This Court has federal question jurisdiction of the discrimination and retaliation

claims under Title VII, 42 U.S.C. 2000e-2 and 2002e-3. The Court has supplemental

jurisdiction of Plaintiffs discrimination and retaliation claims under Texas Labor Code

Chapter 21.

2. Venue is proper in the Northern District of Texas, Abilene Division, under 42

U.S.C. 2000e-5(f)(3) because the unlawful employment practices were committed in

Eastland County, Texas.

Parties

3. Plaintiff Jaime Beltran is an individual and a citizen of Texas.

4. Defendant Ranger College is a community college in Texas doing business in

Eastland County, Texas. It may be served by serving its registered agent, President

William Campion, 1100 College Circle, Ranger, Texas 76470.

Summary of Claims

Plaintiffs Original Complaint Page 1

 Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 2 of 10 PageID 2

5. This lawsuit arises from Ranger Colleges failure to comply with the laws requiring

it to protect Jaime Beltran from retaliation for engaging in activity protected by law and

from unlawful discrimination based on his race and national origin.

Factual Background

6. Mr. Beltran is a Hispanic male born in Colombia and is of Colombian descent. He

is age 42.

7. Ranger College hired Beltran as the soccer coach for mens and womens soccer

and Beltran started on March 1, 2011. Ranger College also had Beltran serve as

Assistant Athletic Director for a period of time that ended in August 2015.

8. Ranger Colleges President, Dr. William Campion, learned that Beltrans mother

was Colombian and that Beltran was of Colombian descent in the summer of 2015. Dr.

Campion was surprised to learn that fact. Beltran was the only Hispanic Head Coach at

Ranger College. Beltran was the only Hispanic not working in an entry level or janitorial

capacity, which Beltran mentioned to Vice President Billy Adams and Vice President

Manuel McGriff sometimes.

9. Dr. Campion treated Beltran differently and in a more negative manner after

learning that Beltran was Colombian. Dr. Campion had been made aware that Beltran

would be interested in the Athletic Director position if or when David Deaver, then the

Athletic Director, retired. Dr. Campion had mentioned that Beltran would be a strong

candidate. However, after learning of Beltrans Colombian descent, Dr. Campion never

brought it up again.

10. Ranger College needed to hire a new Athletic Director in the summer of 2015. Dr.

Campion knew that Beltran was interested in the position. Ranger College hired a white

Plaintiffs Original Complaint Page 2

 Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 3 of 10 PageID 3

male, Billy Gillespie, to be the Athletic Director without advertising the position or

allowing Beltran to apply for it.

11. Ranger College terminated Beltrans appointment as Assistant Athletic Director

after Gillespie was hired. Though Ranger College did not directly replace Beltran, Stan

Feaster, a white male with no college degree, performed the administrative duties

related to Athletics. Mr. Feaster was later officially named Associate Athletic Director.

This just formalized Mr. Feasters duties.

12. Ranger College required Beltran to continue to perform many of the Assistant

Athletic Director duties even though it had removed Beltran from that role.

13. Ranger College also had Beltran assist it with website development and

production and Information Technology (IT) support. Ranger College gave Beltran a

small stipend for limited amounts of time he was to spend on website development and

IT support. Though the stipend was not permanent, Ranger College expected Beltran to

help with these areas on an on-going basis. Ranger College frequently called Beltran

into the Presidents office to ask him to assist with projects and problem-solving in these

areas. Ranger College gave Beltran super-administrator access because of his work

in IT support. Ranger Colleges super-administrator access did not allow Beltran to

access the email accounts of any Ranger College employee.

14. In April and May 2016, two Ranger College male basketball coaches sexually

harassed Dr. Elizabeth Price. Ranger Colleges two male basketball coaches made

sexually offensive comments to Dr. Price. Beltran witnessed some of these comments.

15. On May 5, 2016, Beltran stopped by Dr. Prices office to talk to her and Dr. Price

told Beltran she felt unsafe because of some very offensive comments by to her earlier

Plaintiffs Original Complaint Page 3

 Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 4 of 10 PageID 4

in the day by Ranger College Coaches Rodney Heard and Brandon Espinoza. Coach

Espinoza walked by Dr. Prices office several times while carrying a baseball bat and

stared at Dr. Price.

16. Beltran left Dr. Prices office to go speak to a student.

17. Coach Espinoza walked by Dr. Prices office after Beltran stepped out of it, bat in

hand, and then leaned into Dr. Prices office aggressively with the bat. Beltran

witnessed this and returned to Dr. Prices office. Beltran asked Coach Espinoza if he

was going to a baseball game.

18. Espinoza responded that he was on bodyguard duty and that Dr. Price needed a

bodyguard because she had poor body language and an attitude that someone might

do something about. Beltran told Espinoza it would be best if Espinoza left Dr. Price

alone. Espinoza finally walked away, but Dr. Price was shaken and upset.

19. Ranger College received an internal sexual harassment complaint from Dr. Price

that day. Because Beltran had been a witness to some events, Beltran prepared a

written statement as part of Dr. Prices internal sexual harassment complaint and turned

it in to Ranger Colleges Human Resources department.

20. Ranger Colleges President was also told of the sexual harassment complaint on

May 5, 2016. A few days later, Ranger College asked Beltran to go to Dr. Campions

office to assist on an IT issue. When Beltran walked into Dr. Campions office, Coach

Heard was in there and he hugged Dr. Campion. Dr. Campion told Coach Heard words

to the effect of you have nothing to worry about. Ill take care of you. Everything will get

taken care of. Beltran heard Dr. Campion make those statements to Coach Heard.

21. After May 6, 2016, Ranger College notified Dr. Campion that Beltran was a

Plaintiffs Original Complaint Page 4

 Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 5 of 10 PageID 5

witness to some incidents involving Dr. Prices complaint and that Beltran had provided

a written statement that supported Dr. Prices complaint.

22. During the Spring 2016, Ranger College and Dr. Campion also learned that

Beltran had been diagnosed with diabetes. Beltran had been ill during the prior months

and told Dr. Campion of his diagnosis and that Beltran was being put on medication for

the diabetes.

23. Ranger College subjected Beltran to adverse employment actions by changing

the terms and conditions of his employment. Before engaging in protected activity,

Beltran had an assistant soccer coach for the womens team who also served as the

dormitory director. This assistant resigned. Ranger College attempted to give the dorm

director spot to a womens basketball assistant. This would have made it harder for

Beltran to recruit a new assistant coach for the womens soccer team because he could

not offer the new coach the dorm director stipend. Delinda Spencer in Human

Resources assisted Beltran with the resolution of this issue and Ranger College did

allowing the hiring of a womens assistant.

24. Ranger College fired Beltran on July 27, 2016. Dr. Campion and Jackie Stephens

told Beltran that his contract would not be renewed. Dr. Campion told Beltran that

Beltran was being fired for improperly accessing Dr. Campions email.

25. Beltran had not improperly accessed Dr. Campions emails. Beltran did not have

the technological ability to access Dr. Campions email. Ranger College uses Gmail for

its email services and no level of administration provided by Gmail grants access to the

individual accounts held by other users.

26. Ranger College gave Beltran one hour to pack his belongings and remove them

Plaintiffs Original Complaint Page 5

 Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 6 of 10 PageID 6

from campus. Ranger College had Ranger City Police supervise Beltran as he packed.

Ranger College had Ranger City Police escort Beltran off campus.

27. Ranger College has not used Ranger City Police Officers to escort a terminated

employee off campus.

28. Beltran timely filed a Charge of Discrimination with the Equal Employment

Opportunity Commission on September 13, 2016. This Charge was automatically

dual-filed with the Texas Workforce Commission. After Beltrans attorney requested a

Right to Sue from the EEOC, the EEOC issued a Notice of Right to Sue on April 11,

2017. The Texas Workforce Commission issued its right to sue on April 21, 2017.

29. Beltran timely complied with all conditions precedent for suing.

Causes of Action

Retaliation under Title VII and Texas Labor Code Ch. 21

30. Beltran incorporates the foregoing paragraphs as if set forth herein.

31. Beltran engaged in protected activity when he participated in Dr. Prices sexual

harassment complaint. Beltran engaged in protected activity when he reported what he

observed to Ranger College. Beltran engaged in protected activity when he provided

Ranger College with a written witness statement as part of its investigation of Dr. Prices

sexual harassment complaint.

32. Ranger College retaliated against Beltran after he engaged in protected activity.

Ranger College reduced the assistance Beltran had and made it more difficult for him to

recruit a replacement assistant coach for the womans soccer team.

33. Ranger College fired Beltran on July 27, 2016.

Plaintiffs Original Complaint Page 6

 Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 7 of 10 PageID 7

34. This retaliatory activity violates Title VII, 42 U.SC. 2000e-3 and Texas Labor

Code 21.055.

35. Ranger College would not have retaliated against Beltran but for his protected

conduct.

36. Ranger Colleges stated reason for its action is false and is a pretext for retaliation.

Beltran did not improperly access Dr. Campions emails. Even with his super-

administrator access to Ranger Colleges IT system, Beltran could not access the email

account of Dr. Campion or any other Ranger College employee.

37. Beltran has been damaged by this retaliation, including suffering back pay losses,

other economic losses, mental anguish, emotional distress, and other intangible harms

and losses.

38. Beltran seeks to recover all damages he suffered because of this retaliation

including all remedies available to him under Title VII, 42 U.S.C. 2000e-5 and Tex.

Labor Code 258, 21.2585, and 21.259, including damages, equitable relief, injunctive

relief, compensatory damages, punitive damages and the recovery of his reasonable

attorneys fees and costs.

Race/National Origin Discrimination

39. Beltran incorporates the preceding paragraphs as if restated.

40. Beltran asserts claims for race discrimination and national origin discrimination

based on his Hispanic race and his Colombian national origin in violation of Title VII, 42

U.S. C. 2000e-2(a) and Texas Labor Code 21.051.

41. From the beginning of his employment until 2015, Beltran, was the only Hispanic

and Colombian male in Ranger Colleges Athletic Department who had no entry level or

Plaintiffs Original Complaint Page 7

 Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 8 of 10 PageID 8

janitorial job. At the time, Ranger Colleges President did not know Beltran was originally

born in Colombia.

42. After Ranger Colleges President learned that Beltran had been born in Colombia

and was of Colombian descent, Dr. Campions attitude towards Beltran changed in a

negative way.

43. Beltran was treated differently than other non-Hispanic/non-Colombian employees.

44. Ranger College did not allow Beltran to apply for the position of Athletic Director.

Ranger College hired a white male to serve as its Athletic Director without posting the

position or allowing Beltran to interview for it.

45. Ranger College removed Beltran from his post as Assistant Athletic Director and

gave that position to a white male less qualified than Beltran. Ranger College also

expected Beltran to continue to perform many duties of Assistant Athletic Director even

though it now had a white male in that position. Beltran was not paid to do the additional

duties.

46. Ranger College terminated Beltran.

47. Ranger Colleges stated reason for terminating Beltran is false and is a pretext for

discrimination.

48. Beltran has been damaged by Ranger Colleges actions. The damages include

back pay, other economic losses, mental anguish, emotional distress and other intangible

harms and losses.

49. Beltran seeks to recover all damages he suffered because of this race and national

origin discrimination, including all remedies available to him under Title VII, 42 U.S.C.

2000e-5, Tex. Labor Code 258, 21.2585, and 21.259. The relief sought includes

Plaintiffs Original Complaint Page 8

 Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 9 of 10 PageID 9

damages, equitable relief, injunctive relief, compensatory damages, punitive damages

and the recovery of his reasonable attorneys fees and costs.

Jury Trial

50. Beltran demands a trial by jury.

Prayer

WHEREFORE, Plaintiff Jaime Beltran prays this Court enter a judgment

declaring the acts and practices of Defendant violate Title VII and Texas Labor Code

Ch. 21 and award Plaintiff the relief sought and enter such other and further relief to

which Plaintiff is justly entitled.

Respectfully submitted,

/s/ Karen K. Fitzgerald

Karen K. Fitzgerald
State Bar No. 11656750
Johnston Tobey Baruch P.C.
3308 Oak Grove
Dallas, Texas 75204
214.265.9958 (direct dial)
214.740.6248 (Facsimile)
karen@jtlaw.com

Attorney for Plaintiff Jaime Beltran

Plaintiffs Original Complaint Page 9

 Case 1:17-cv-00074-BL Document 1 Filed 05/18/17 Page 10 of 10 PageID 10
JS 44 (Rev. 08i l6)-TXND(Rev. 12/16)
CIVIL COVER SHEET
The J S 44 civil cover sheet and the information contained he rein neither replace nor s upplement the fil ing and service of pkadin&s or other papers as re,1uired by law, except as
provided by local_rules of_court. This form, approved by the Judicial Confere nce of the United States in September 1974, is required for the use of the C lerk of Court fo r the
p urpose of mttiatmg the CIVIi docket sheet. (SEE INSTIIUC1JONS ON Nl,XT /'AC!, O F /HIS FOIIM )

I. (a) PLAINTIFFS DEFENDANTS

Jaime Beltran Ranger College

(b) County ofRcsidence of First Listed Plaintiff Eastland County, Texas County of Residence ofrirst Listed Defendant Eastland County, Texas
(EXCl:'l'T IN U.S. !'LA/NII FF CASES) (IN U.S. 1'/.AINTIFF CASL:S ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

{c) Attorneys (Firm Name, Address, and Teleplio11e Nwnher) Attorneys (If Known)
Karen K. Fitzgerald
Johnston Tobey Baruch, P.C.
3308 Oak Grove Ave., Dallas, TX 75204; 214.741 .6260

II. BASIS OF JURIS DICTION (P/acean "X" inOne /JoxOnly) III. CITIZENSHIP OF PRINCIPAL PARTIES (Placean "X"inOne1Joxfo rPloi111iff
(For Diversily Cases Only) and One /Jox for /Jefenda111)
0 I U.S. Government ~ 3 Federal Question PTF DE F PTF DEF
Plaintiff (U.S. Cnvemme/11 Noto Party) Citizen of This State ~ l 0 l lnco11iorated or Principal Place O 4 ~4
of Business In ll1is State

0 2 U.S. Government 0 4 Diversity Citizen of Another State 0 2 0 2 lnco11,orated and Principal Place 0 0 5
Defendant (Indicate Citizenship of Parties in Item Ill) of Business ln Another State

Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 0 6

Foreign Count1
IV. NAT URE OF SUIT (Placea11 "X" i11011e 1Jor011lyJ Click here for Natu re of Suit Code Descriptio ns
I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES I
0 110 Insurance PERSONAL INJURY PE:RSONA L INJURY 0 62 5 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims Act
0 120 Marine 0 310 Airplane 0 365 Personal Inj ury - of Property 2 1 USC 88 I 0 423 Withdrawal 0 376 Qui Tam (31 USC
0 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 28 use 1s1 3729(a))
0 l 40 Negotiable lnstmment Liability 0 367 Health Care/ 0 400 State Reapportionment
0 l 50 Recovery of Overpayment 0 320 Assault, Libel & Phannaceutical PROPERTY RIGHTS 0 4 10 Antitrust
& Enforcement of Judgment Slander Personal lnjmy 0 820 Copyrights 0 430 Banks and Banking
0 15 l Medicare Ac t 0 330 Federal Employers' Product Liability 0 830 Paten t 0 4 50 Commerce
0 152 Recovery ofDefauhed Liability 0 368 Asbestos Personal 0 840 Trademark 0 460 Deportation
Student Loans 0 340 Marine Injury Product 0 470 Racketeer Influenced and
(Excludes Veterans) 0 345 Marine Product Liability LABOR SOC IAL SF:CURITY Com 1pt Organizations
0 l 53 Recovery of Overpayment Liability PERSONAL PROPERTY 0 7 l 0 Fair Labor Standards 0 861 HIA ( l 3950) 0 480 Consumer Credit
of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) 0 490 Cable/Sat TV
0 160 Stockholders' Suits 0 355 Motor Vehicle 0 37 1 Tnuh in Lending 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) 0 850 Securities/Commodities/
0 l 90 Other Contract Product Liability 0 380 Other Personal Relations 0 864 SS ID Title XV I Exchange
0 195 Contract Product Liability 0 360 Other Personal Property Damage 0 740 Railway Labor Act 0 865 RS I (405(g)) 0 890 Other Statutory Actions
0 I96 Franchise Injury 0 385 Property Damage 0 75 l Family and Medical 0 89 I Agricultural Acts
0 362 Personal Injury - Product Liability Leave Act 0 893 Environmental Matters
Medical Malpractice 0 790 Other Labor Litigation 0 895 Freedom of lnfonnation
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 791 Employee Retirement FEDERAL TAX SUITS Act
0 2 l 0 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: Income Security Act 0 870 Taxes (U.S. Plaintiff 0 896 Arbitration
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee or Defendant) 0 899 Administrative Proced~1 rc
0 230 Rent Lease & Ejectment ~ 442 Employment 0 510 Motions to Vacate 0 871 !RS-Third Party Act/Review or Appeal of
0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 Agency Decision
0 245 Tort Product Liability Accommoda tions 0 530 General 0 950 Constitutionality of
0 290 All Other Real Property 0 445 Amer. w/Disabilitics - 0 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 0 462 Naturalization Application
0 446 Amer. w/Disabilities - 0 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Rights Actions
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Condi ti ons of
Confinement

V. ORI GIN (Placea11 "X" i11 One /JoxOnlyJ

l1'I: I Original O 2 Removed from 0 3 Remanded from 0 4 Reinstated or O 5 Transferred from O 6 Multidistrict 0 8 Multidistrict
Proceeding S tate Court Appellate Court Reope ned Another D istrict Litigation - Litigation -
(s eci ,J Transfer Direct File
C ite the U.S. C iv i I Statute under which )'OU a re filing_ (l)o 1101 citef11ri.w/ic1io11a/ st/ft/lie., 1111/e.<s diversity):
Title VII, 42 U.S .C. Sec. 2000e-2 and 2002e-3 and exas Labor Code Cha ter 21
VI. CAUSE OF ACTION 1-B- r-ie-f -d e-s"""
cr"'"
iJ)_tt_o_n _o_f c-a-u-s e-: - - - - - - - - - - - - - - - - - - - - - ' - - - - - - - - - - - - - - -
Race/National Origin Discrimination, Retaliation
vn. REQUESTE D IN 0 CHECK ff TI-IIS IS A CLASS ACTION DEMANDS C l-J ECK YES only if demanded in complai nt:
COMPLAINT: UNDER RU LE 23, F.R.Cv. P. JURY DEMAND: ~ Yes O No
VIII. RELATED CASE(S)
(See instructions):
IFANY DOCKET NUMBER

RECEIPT# AMOUNT MAG.J UDGE