Arbitration Award – Confidential Claimant v. Respondent Community College District

Hylton & Associates attorneys Courtney L. Hylton and Pancy Lin obtained an arbitration award in favor of Respondent Community College District and against Claimant, a former Dean of Kinesiology and Athletics at Santa Ana College. Claimant claimed whistleblower retaliation when the District decided not to renew his employment agreement and not to re-employ him. After a four-day arbitration and multiple rounds of closing briefing, the Arbitrator concluded that Claimant failed to prove he had reasonable cause to believe that the information he disclosed amounted to a violation of or noncompliance with a state or federal statute, rule, or regulation. The Arbitrator also determined that Claimant did not demonstrate any causal connection between any protected activity and any adverse employment actions. Instead, the Arbitrator determined that the District made the decision to non-renew and not re-employ Claimant based on legitimate reasons, including Claimant’s poor performance as a Dean in failing to follow protocol, disagreeing with the directives of his superiors, and often questioning their authority.