From October 20
UNM officials on Thursday announced the termination of a professor’s contract after sexual harassment and discrimination allegations were brought against him.
Cristobal Valencia was suspended earlier this semester for a second time in light of new information into the allegations against him. A report from the UNM Office of Equal Opportunity concluded with probable cause that he discriminated against certain students based on sexual orientation, violating University policy.
“I very carefully and thoroughly reviewed the record in this case as this is a very serious matter,” Provost Chaouki Abdallah said in a statement. “After doing so, I concluded that termination of Dr. Valencia’s probationary contract was warranted. I have notified Dr. Valencia of my decision, and I have directed that Dr. Valencia’s employment contract with the University will terminate at the end of October.”
According to the UNM faculty handbook, “adequate cause” for termination of a faculty member includes: academic incompetence, neglect of duty, serious violation of University policy, commission of a serious crime, loss of medical licensure or clinical privileges, or “other serious professional or ethical deficiencies.”
“With proof of adequate cause a non-tenured faculty member’s annual contract may be terminated before its expiration and/or without regard for the notice periods or terminal contract requirements set forth in this Policy,” the handbook states.
The reasoning behind Cristobal’s initial suspension in March was outlined in a letter sent from College of Arts and Sciences Dean Mark Peceny to Valencia at the time.
"In view of the extremely serious nature of the OEO findings, effective immediately you are suspended with pay from all academic duties associated with your faculty appointment in the Department of Anthropology," the letter states. "You are also advised that a 'no contact' order is hereby issued, requiring you to avoid any intentional contact or interference with any faculty or student in the department."
At that point, Valencia was put under paid administrative leave as a safety precaution, Abdallah said. The suspension was temporary until an appropriate permanent response could be made after the investigation.
The OEO report included 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.
The office interviewed 32 witnesses for the investigation, including at least eight fellow faculty and nine graduate students.
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.
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“It is the impact of the alleged behavior that is measured, not the intent of the alleged respondent,” the report states.
Valencia also raised allegations of race discrimination and retaliation against multiple members of Anthropology Department faculty.
Valencia has the right to appeal this decision, according to the faculty handbook. It is unclear at this time whether he plans to do so.
According to the handbook, if a non-tenured faculty member is dismissed during the term of his or her contract and “believes a violation of academic freedom, improper considerations, or prejudicial violations” occurred, the faculty member may appeal a termination decision by the Provost/VPHS to the Academic Freedom and Tenure Committee.
The handbook states, however, that appealing “shall not postpone the date of termination,” which means Valencia’s time at UNM is almost up.
