A copy of the UNM Office of Equal Opportunity investigative report obtained by the Daily Lobo uncovers the specifics and details of the sexual harassment and discrimination case against associate professor Cristobal Valencia, who was recently suspended for the second time since March in light of new information.
The investigation includes a long list of allegations and concludes probable cause that Valencia engaged in discriminatory conduct based on sexual orientation, gender expression and gender identity in violation of UNM policy.
A separate conclusion made in the report suggests probably cause that Valencia subjected students to sexual harassment that created a hostile environment in breach of multiple UNM policies. The report includes allegations from separate sources and is divided into two parts based on the differential treatment Valencia provided and the hostile environment created in the process.
According to the report, the OEO interviewed 32 witnesses for the investigation, including at least eight fellow faculty.
Nine graduate students provided statements to OEO as well.
According to the report, three students reported that Valencia “fought” to have young, female students he perceived to be heterosexual as his advisees. Five witnesses perceived Valencia gave women favored status as a means to develop relationships with them that could lead to sexual activity.
According to the report Valencia offered to be on committees, help with grant applications and “take under his wing” female students who were physically attractive.
Valencia also gave preferential treatment to a female student by not calling on her in class, praising her even while she showed minimal participation, allowing her to miss class, providing leniency in grading and advocating for her to receive funding regardless of her academic performance, according to the report.
Valencia did not provide a legitimate non-discriminatory reason for differential treatment in his response to OEO’s investigation and his account that he did not give preferential treatment to feminine presenting females is less credible based on the evidence, the report states.
According to the report, six witnesses reported that perceived sexual orientation was a factor in how Valencia treated students. One witness observed Valencia was preoccupied with sexual orientation while two witnesses reported Valencia ignored two queer students at departmental social events and had been told by openly LGBTQ students that Valencia only spent short amounts of time and was dismissive of them during office hours.
Another witness reported that they did not want Valencia to find out they were dating someone of the same sex because it would change how Valencia treated them, according to the report. One witness said that once Valencia found out she had a partner of the same sex he gave her lower grades.
Because of lack of evidence for certain allegations, OEO concluded there was insufficient evidence to establish a hostile environment based on sexual orientation, according to the report.
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The report also describes two separate stories of different witnesses ending up at Valencia’s home late at night intoxicated and uncomfortable by unwanted advances. Both stories involve Valencia pressuring intoxicated susceptible women to stay over at his house.
Another witness reported that Valencia touched her at a bar and pressured her to come home with him when she was very intoxicated. Evidence established Valencia knew or should have known the conduct of a sexual nature reported by witnesses was unwelcome.
According to the report, OEO found Valencia was responsible for knowing UNM policy prohibiting sexual harassment as a faculty member in a position of power over students.
“It is the impact of the alleged behavior that is measured, not the intent of the alleged respondent,” the report states.
According to the report, one witness raised allegations against Anthropology Department Chair Les Fields, claiming that Fields encouraged her to let the department “handle the matter,” before going to OEO. The report does not say which incident this witness is connected to.
According to UNM policy, all UNM faculty and staff are required to report any civil rights violation to OEO.
The allegation that Fields discouraged a student from reporting to OEO can be found under a list of as-yet unconfirmed allegations.
According to the report, Fields’ statement suggesting the student not report the matter to OEO was made before he knew the report was a civil rights issue, and this was demonstrated through a provided e-mail.
The investigation report states allegations of retaliation against Fields were also made but “uncorroborated.”
According to the report, Valencia raised allegations of race discrimination and retaliation against multiple members of the Anthropology Department faculty as well, but the report does not state whether those allegations were confirmed.
Valencia was recently placed on emergency suspension as the investigation into the allegations against him are ongoing.
