A 13-month battle between the San Benito High School District
and former SBHS teacher and athletic director Marty Dillon has
ended.
A 13-month battle between the San Benito High School District and former SBHS teacher and athletic director Marty Dillon has ended.
Dillon’s lawyer Wednesday notified the SBHSD that Dillon has elected not to pursue his case with the district over his June 2002 firing by filing a petition for a Writ of Mandate.
“The whole experience last year was long and difficult for Mr. Dillon and especially his family,” said Joseph Cisneros, Dillon’s lawyer, in a written statement. “Fortunately, Mr. Dillon and his family in the past several months have been able to put this matter behind them and successfully move on. In light of this, Mr. Dillon has elected to not revisit the issue, which allows him to continue to move in a different direction.”
Dillon was placed on paid administrative leave from his teaching and coaching duties in March 2002 when a student-athlete came forward with allegations that he approached her from behind and grabbed her breasts – reportedly in an attempt to “lighten the mood” among the players – during a team gathering after a softball game in Stockton in October 2001.
That team, a “fall ball” team coached by Dillon, was not connected with San Benito High School, where he was also softball coach.
The SBHSD Board of Trustees approved firing Dillon in June 2002, Muro said. Dillon requested a hearing by administrative judges and the hearing began in October 2002. In December, the three-judge panel issued a decision that upheld the district’s action.
Cisneros had argued that the San Joaquin County District Attorney’s office opted not to file criminal charges against Dillon, citing a lack of evidence. The administrative panel reportedly wrote in its opinion that although Dillon’s actions may not have been criminal, they were not proper.
In January, Cisneros estimated legal costs to be around $100,000 for each side.
Cisneros, a Monterey attorney specializing in education law, said Dillon is now working outside of San Benito County. Dillon worked in the San Benito High School District for about 20 years and was athletic director at SBHS for more than a decade, estimated Evelyn Muro, director of personnel for the district.
Dave Tari, who came to the high school in 1998 as head athletic trainer, has served as interim athletic director since Dillon was fired.
Muro, who received the notice from Dillon’s lawyer, said she’s glad the long road is over.
“I think that this, obviously, has been very difficult for everyone,” Muro said. “I’m glad that we have a conclusion. This had not been a good situation.”
Dillon feels the decision to not pursue the issue further is the “right one for all parties involved,” Cisneros said in the statement.
“Mr. Dillon is proud of the fact that throughout the process he and his family have never lost their integrity, respect or pride,” he said. “He and his family are particularly thankful of the support they have received from the community.”
The district will open the position of athletic director to in-house applicants, Muro said. Tari has expressed interest in the permanent position, she said.
“We’ve always said we were going to open it up,” Muro said. “Dave has made it clear that he wants to be considered.”
Muro would not comment on Tari’s performance in the interim post.
While Dillon likes the area and has many supporters, Cisneros said Dillon may look at moving out of the area in the future.
