An attorney for former San Benito High School Athletic Director
Marty Dillon said he will appeal the ruling of an administrative
panel that upheld the high school district’s ability to dismiss the
long-time teacher and coach.
An attorney for former San Benito High School Athletic Director Marty Dillon said he will appeal the ruling of an administrative panel that upheld the high school district’s ability to dismiss the long-time teacher and coach.
“It was very, very disheartening,” said Joseph Cisneros, a Monterey attorney who is representing Dillon.
Cisneros said he cannot let the ruling stand and will appeal the decision of the three-member administrative panel.
“I completely disagree with the decision,” he said. “We intend to file for a writ of mandate with the Superior Court.”
In the appeal process, the presiding judge will be asked to review the testimony from the administrative hearing and make a finding based on the testimony.
“We feel confident that we will do well at that level,” Cisneros said.
Amy Uyehara, a San Francisco attorney representing the high school district, could not be reached for comment on the panel’s decision. San Benito High School District administrators could not be reached for comment because of the holiday break.
The administrative panel reportedly based much of its decision on an incident after a game in a non-school-related softball tournament in Stockton more than a year ago in which Dillon, who coached the SBHS softball team for seven years, was accused of touching a female student-athlete in an inappropriate manner.
Dillon was placed on paid administrative leave from his teaching and coaching duties last spring when the student came forward with allegations that he approached her from behind and grabbed her breasts in an attempt to lighten the mood of the softball players at a post-game gathering.
Cisneros pressed the point that the San Joaquin County District Attorney’s office opted not to file criminal charges against Dillon, citing a lack of evidence.
The panel reportedly wrote in its opinion that although Dillon’s actions may not have been criminal, they were also not proper.
The panel reportedly disregarded a number of allegations made during the administrative hearing in October. Some of those accusations reportedly include unfounded claims that he showed favoritism toward his daughter, whom he coached on the softball team two years ago, by altering her batting statistics to increase her chances of being named to the all-Monterey Bay League team.
Another accusation claimed that Dillon yelled at his players when they made mistakes on the field, Cisneros said.
Both the school district and Dillon had the right to appeal the decision of the administrative hearing to the local presiding Superior Court Judge, who can render his own decision. However, either side in that hearing can challenge the local judge’s ruling in the state appellate court if they choose.
