Ranger Beltran Lawsuit Federal
Ranger Beltran Lawsuit Federal
Ranger Beltran Lawsuit Federal
Plaintiff Jaime Beltran (Beltran or Plaintiff) files this Original Petition against
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.
Parties
Eastland County, Texas. It may be served by serving its registered agent, President
Summary of Claims
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
Factual Background
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
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
male, Billy Gillespie, to be the Athletic Director without advertising the position or
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.
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
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
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
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
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
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
witness to some incidents involving Dr. Prices complaint and that Beltran had provided
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.
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
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
26. Ranger College gave Beltran one hour to pack his belongings and remove them
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
28. Beltran timely filed a Charge of Discrimination with the Equal Employment
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
31. Beltran engaged in protected activity when he participated in Dr. Prices sexual
Ranger College with a written witness statement as part of its investigation of Dr. Prices
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
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
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
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
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
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.
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
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.
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
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
Jury Trial
Prayer
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
Respectfully submitted,
(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