Legal Retort

Community activist Andrew Sandoval has sued Hartnell College for documents related to an administrator who previously served on the board of his children’s school.

Augustine Nevarez was animated as he spoke into a camera for a Facebook Watch video in April 2020 and explained that Hartnell’s Office of Student Life had plans to keep students motivated during the Covid-19 pandemic. Clubs would meet via Zoom, and student elections would still take place, and he asked student viewers to consider applying to one of the 15 leadership positions available.

As director of student affairs at Hartnell College, Nevarez said his mission was keeping students engaged: “Remember, the Office of Student Life is here for you.”

How Nevarez has done his job, and how he functioned not only at Hartnell but also as a longtime board member at Oasis Public Charter School, has been the subject of scrutiny via multiple Public Record Act requests and a corresponding lawsuit filed by Oasis parent Andrew Sandoval in a quest to obtain Nevarez’s disciplinary records and emails.

At Hartnell’s recommendation, Nevarez hired an attorney, and now that attorney has filed a motion to intervene in Sandoval’s lawsuit against Hartnell. Filed May 25 by attorney John Klopfenstein, Sandoval is described as taking “a vindictive path” aimed at publicly humiliating Nevarez.

Among the documents Sandoval sought, as laid out in the lawsuit he filed in January against Hartnell and college president Raul Rodriguez, are emails showing Nevarez conducted Oasis business and communicated with ousted director Juanita Perea using Hartnell’s computers, as well as records of what Sandoval described as a prior complaint against Nevarez for using public resources to provide gifts to a romantic partner.

According to Klopfenstein’s motion, Sandoval “has systematically tried to destroy [Nevarez’s] reputation in the community through the California Public Records Act,” including searching for emails showing that Nevarez has tried to engage in inappropriate relationships with male Hartnell students.

According to a 2016 letter written by then-Hartnell President Willard Lewallen and obtained by the Weekly, an investigation into a citizen’s complaint found that while Nevarez had a consensual romantic relationship with a student working in his office, such relationships were then not prohibited by the college.

Nevarez also claims that Sandoval has made violent threats against him, a claim Sandoval says has no merit.

“I’m a big brown guy, and being accused of threatening violence… is enough to ruin someone,” Sandoval says. “Hartnell has made attempts to get me not to pursue this, but they say I have to trust that they handled things right. I am focused on transparency and accountability as it relates to handling the public’s business.”

Klopfenstein says Nevarez’s personnel records shouldn’t be opened to public scrutiny. “He feels Mr. Sandoval is harassing him,” he says, “and trying to publicly shame him as being gay.”

A hearing on Nevarez’s motion will take place at 9am Friday, June 18, at the Monterey courthouse.

(1) comment

Amy Lehman

I was saddened to read the article regarding Mr. Augustine Nevarez, Director of Student Affairs at Hartnell College. Having known Mr. Nevarez professionally and personally for many years, it is heartbreaking that his dedication to students is not the topic of discussion. For years, Nevarez has provided critical resources and support to Hartnell’s community. As a recipient of the Strength and Resilience award and numerous recognitions by the Board of Trustees, Nevarez has dedicated his career to supporting students in crisis, and I have witnessed firsthand his ability to help students navigate the trauma of homelessness, mental illness, assault, hunger, and the pain of being marginalized or shamed due to sexual orientation or immigration status. The fact that one individual has been hell-bent for several years now on defaming him over an adult, consensual relationship is homophobic and hateful—and the decision of The Weekly to publish this article is disappointing. Furthermore, the wording of the article about Mr. Nevarez is misleading and offensive. Calling into question “how Nevarez has done his job” is over-generalized. Even the baseless accusations of Sandoval only focus on isolated incidents, and not his overall performance. Also, I wonder whether the Weekly would have made an equal effort to publish an article about a relationship with a “student” rather than a “male student”, as your article makes a point to highlight. Would you similarly specify a relationship with a “female student”? Are you contributing to the sensationalism and homophobia that Sandoval is trying to create?

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