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SOUTHERN CALIFORNIA RECORD

Sunday, September 15, 2024

Kern Community College District agrees to $2.4 million settlement with professor in retaliation case

Federal Court
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Plaintiff Matthew Garrett called the settlement a win for free expression on campus. | X.com, formerly Twitter

A former social sciences professor at Bakersfield College has agreed to a $2.4 million settlement to resolve his litigation against the Kern Community College District (KCCD) alleging administrators wrongly retaliated against him for challenging the school's spending on grant funds on so-called social justice initiatives.

Matthew Garrett, who criticized the district over what he called its partisan policies and wasteful spending, filed a federal lawsuit against the district in the Eastern District of California in 2021, alleging the district violated Garrett’s free speech rights and federal civil rights laws by disciplining him over his challenges to district actions.

In the agreement, Garrett agreed to resign from his post, effective on April 13 of last year. He called the settlement a victory for free expression and political discourse.  

“I am pleased to announce that truth, facts and free speech have prevailed,” he said in a statement on X, formerly Twitter. “After five years of administrative misconduct, a decisive courtroom contest exposed Kern Community College District engaged in flagrant retaliation against me for questioning partisan policies and wasteful expenditures. Facing an eminent ruling in my favor and the prospect of paying millions of dollars in damages, KCCD had only one viable option: settlement.”

None of the parties involved in the litigation acknowledged any liability for wrongdoing in competing legal claims. 

“The Kern Community College District (KCCD) has settled all issues with Matthew Garrett,” a KCCD spokesperson said in a statement emailed to the Southern California Record. “Matthew Garrett has voluntarily resigned from his employment, and all litigation on this matter has been resolved. KCCD believes the settlement is in the best interest of the district and allows us to focus on the future and continue to deliver quality higher education for students of Kern County without any further legal distractions.”

The district stressed in its statement that the dispute revolved around a disciplinary matter resulting from Garrett’s “disruptive actions on campus.” KCCD officials also disagreed with Garrett that the matter involved free-speech issues.

“Kern Community College District unequivocally supports the right for our students and faculty to share their views and opinions on campus and elsewhere,” the statement says. “As a district, we create an environment that provides our diverse students and communities with the opportunity to professionally engage with new ideas. As this is a confidential personnel matter, we will not comment further.”

A copy of the settlement agreement indicates that $2,245,480 will be paid to Garrett for “alleged general and emotional distress” identified in the civil litigation. Another $154.520 will also be provided by the district to compensate Garrett for back wages and medical benefits, the settlement says.

The total $2.4 million in damages includes attorney fees and costs in connection with the professor’s civil lawsuit as well as proceedings before the Office of Administrative Hearings.

The district has agreed to withdraw certain actions related to Garrett’s employment. Specifically, the KCCD agreed to withdraw a 2020 determination it issued over complaints of unlawful activity against Bakersfield College faculty members and a notice of unprofessional conduct issued two years later. The district also will revise district records to show that Garrett voluntarily resigned his post with the district. Other personnel documents related to Garrett will be sealed, according to the settlement agreement.

While he served as professor, Garrett challenged the way college district grant funds were spent and the funding of social justice initiatives. 

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