A district judge rejected a University attempt to take back $11,000 in unemployment pay from former English professor Joy Harjo, ruling that the administration effectively forced the Native American author to leave her post.
Second District Judge Ted Baca ruled last week that UNM administrators forced out Harjo after she complained about instructor Lisa D. Chavez moonlighting with students on a sado-masochist website.
“(Harjo) was no longer able to do her job effectively because of her own mental state and the realities of the program,” the judge’s ruling said. “Harjo legitimately felt humiliated, degraded and concerned for her job.”
The University took Harjo to court to have her repay $11,000 in unemployment compensation because UNM claimed she left her position voluntarily. Harjo resigned October 2008.
Baca dismissed the claim and said Harjo resigned because a situation existed in which she was unable to perform her job and was forced to leave.
He cited testimony that Harjo’s reputation was tarnished within the department. The department chair screamed at her in public, and Chavez threatened to file lawsuits against her, according to testimony.
University legal counsel is reviewing the case to determine if it will appeal the court’s ruling, UNM spokesperson Carolyn Gonzales said. A decision should be made by next week.
Harjo’s attorney Catherine Baker Stetson said she is ready to defend her client if the University appeals.
“I don’t think they’ve been smart so far,” Stetson said. “They’ve caused themselves more trouble than they needed to. Now they’ve created a lot of additional publicity.”
The episode began when the English Department received an anonymous letter that revealed Chavez and fellow graduate students posed on a sado-masochist website. At the time, Chavez had been working for the website as a phone-sex dominatrix under the pseudonym “Mistress Jade.”
The University reviewed misconduct complaints against Chavez but ruled there was no wrongdoing.
Harjo, a creative writing professor, demanded the department reprimand Chavez. However, Harjo said she was forced to leave her teaching position at UNM because her work environment grew hostile after she spoke out.
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Although Harjo hasn’t filed a lawsuit, two other UNM employees, Sharon Warner and Diane Thiel filed suits claiming the University retaliated against their complaints about Chavez.
Teddy Warner, Sharon’s husband, filed a third suit against the University, citing retaliation for his wife’s actions.
Harjo now makes money doing readings and lectures, but has not found a permanent job since she left UNM.
“She didn’t quit to go to a better job,” Stetson said. “She quit this job on a matter of principle.”
