Through attorney Michael W. Dotts, the defendants — NMC Regents Janet Han King, Maria Paz Castro Younis, Andrew Orsini, and Frank Rabauliman — stated that they “all have at least qualified immunity and are all immune” from the lawsuit Fernandez filed against them for firing her.
“At all relevant times, these individual defendants were acting within the scope of their responsibilities and in the discharge of their lawful duties,” Dotts said.
He said judgment should be entered against the plaintiff and in favor of the defendants.
The defendants are also seeking award for their defense, expenses, attorney’s fees and other legal and equitable relief, Dotts said.
For its counterclaim, NMC is suing Fernandez for breach of contract and breach of fiduciary duty.
NMC wants a jury trial.
Dotts said in late 2009, the NMC board discovered that Fernandez had made grade changes for certain students, which was not in accordance with proper procedure.
Fernandez also made personnel decisions that were questionable, Dotts said.
“Fernandez adopted an argumentative and belligerent stance with NMC and refused to recognize the harm she was causing,” Dotts said.
Further, NMC discovered that Fernandez was engaged in additional activity harmful to the NMC, the lawyer added.
Fernandez manipulated the board process in an effort to control the board to protect her employment, Dotts said.
“As a result of Dr. Fernandez’s conduct, by late 2009 or early 2010, NMC appeared to be politically influenced,” he added.
On April 12, 2010, NMC terminated Fernandez’s employment, in compliance with her contract, Dotts said.
