The Rialto Unified school board this week voted to fire Superintendent Cuauhtemoc Avila, who has been on paid leave for nearly 10 months during an investigation into allegations that he sexually harassed one of his administrators.
Board members Stephanie Lewis, Joseph Martinez, Dakira Williams and Evelyn Dominguez voted on Wednesday, Feb. 19, to terminate Avila’s employment, without cause. Board member Edgar Montes, a frequent Avila critic, abstained. It was unclear why Martinez and Lewis abandoned their previous positions supporting Avila.
It was also unclear whether the board had been presented with the findings of the independent probe into allegations Avila sexually harassed lead innovation agent Patricia Chavez, which Avila denies. Last week, Avila’s attorney, Robert Stanford Brown, said he understood the investigation had wrapped up but he had yet to be informed of the findings.
Also see: Sexual harassment probe of Rialto Unified superintendent drags into 10th month
In a statement Thursday, the district recognized Avila’s “almost decade-long service to the students, families, staff, and the community.”
“The Board of Education will begin the process of seeking an innovative, academic, forward-thinking superintendent who can secure community partners and create a holistic and safe learning environment for students, teachers, staff, and the community,” district spokesperson Syeda Jafri said. She said the district could not comment on pending litigation and personnel matters.
Avila, who was hired as superintendent in April 2015, was placed on nondisciplinary, paid leave on May 8, 2024, on a 3-2 vote by the school board, with Martinez and Lewis dissenting.
Avila could be fired without cause because he was an at-will employee. Under federal employment law, the at-will doctrine provides flexibility in allowing employers to fire employees without cause and employees to quit their jobs at any time without adverse legal consequences.
‘Extremely unfortunate’
Avila declined to comment Thursday. In a telephone interview, his attorney said he was “shocked and surprised” that the school board had terminated the district’s longtime superintendent.
“This is extremely unfortunate,” Brown said. “However, I’m sure Dr. Avila will be taking steps to vindicate his legal rights in the future. Certainly, we will act accordingly.”
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Legal options
Brown would not confirm whether he plans to file a lawsuit on Avila’s behalf, but he already has filed a legal claim with the district alleging Chavez and board member Montes conspired to trump up the sexual harassment allegations for their own special interests and to defame him. He claimed Chavez accused him of sexual harassment after he refused to promote her.
Avila also leveled a laundry list of claims against Montes, alleging he was motivated by a desire to retaliate against Avila for refusing to “acquiesce to demands” that he believed were unethical and/or illegal. Among those alleged demands were that Avila hire Montes’ unqualified friends and family members for district jobs, and quash an ongoing investigation of district staff who Montes supported.
Chavez fired back with a claim of her own on Jan. 17 seeking more than $35,000 in damages after she also was placed on paid administrative leave for reasons that were not disclosed by either Chavez or the district. She alleges Avila engaged in a “pattern and practice of sex-based harassment and discrimination,” including engaging in sexually charged discussions regarding her physical appearance, propositioning her for sex and touching her in a sexual manner.
Additionally, Chavez alleges Avila stripped her of her duties for “refusing to be receptive” to his advances and discriminated against her because she was pregnant, according to her claim.
Previous experience
Before coming to Rialto Unified, Avila working 20 years as a public educator in Los Angeles County. He served as assistant superintendent of student programs for the Los Angeles County Office of Education from 2012 to 2015. He also had worked 13 years as a teacher and school administrator at the Compton Unified School District, and, prior to that, worked for five years at the Glendale Unified School District as an administrator and school principal.
Avila was earning approximately $374,000 in base salary as superintendent, meaning he was paid about $31,000 a month while on leave. He is under contract with the district through June 2027.
Tenure a ‘mixed bag’
In a statement Thursday, Tobin Brinker, president of the Rialto Education Association, the district’s teachers union, called Avila’s tenure with the district a “mixed bag.”
“I am glad the board finally took action. It is time to move forward,” Brinker said. While he applauded Avila for emphasizing inclusion and promoting community engagement, he contended that teachers often felt left out and unheard.
Brinker said Avila was also slow in responding to teacher safety concerns when they returned to the classroom following the COVID-19 pandemic.
“We are hopeful that the school board will include us in whatever process is developed to select the new superintendent,” Brinker said.
Decision was ‘political’
The board’s decision to fire Avila without cause was a curious outcome, said Tim Prince, a longtime San Bernardino civil litigation attorney who has been following the developments at Rialto Unified over the past several months.
“After more than nine months of delay, you’d think they would have built a case so solid they would have given a reason for the firing. Instead they made a political decision, without cause,” said Prince, who has represented public employees in civil cases against their employers, including sexual harassment cases, for more than 30 years.
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