‘There are many Kenedeños’
“[The website] is to help cleanse the bowels of Del Mar.”
– Anton Haley (Jaime Kenendeño)
TUESDAY, NOVEMBER 07, 2006
How blogging affects Del Mar
“Jaime Kenedeño,” has been posting his and other’s thoughts on a
blog about issues revolving around Del Mar College. Some of the
remarks made on delmarhousekeeping.blogspot.com have been
perceived by some as libel and slanderous, which might lead to
lawsuits. According to Haley, he will not cease until he is forced to shut down
or the problem is resolved because the truth must be revealed.
The issues written about, some of which are still in litigation,
include lawsuits filed by Alberto Benitez, Melody Lopez, Theresa Cox,
and Shari Parker against DMC and President Carlos Garcia.
These lawsuits contain allegations of sexual harassment and discrimination.
Haley, a former DMC student and current writer, began his involvement
with the blog about two years ago after his brother’s girlfriend
accused a DMC employee of sexually harassing her.
According to Mike Westergren, DMC in-house counsel, a compliant
was filed regarding this issue, but when it was taken to the board, the
girl decided to no longer pursue the matter.
“[The incident] ruined her life and messed up his,” Haley said. “I
thought they were both nuts, but then I began to look into her allegations,
little by little I found information about what was going on at
Del Mar.”
After purportedly looking into the allegations of sexual harassment
at DMC, Haley said, “Girls and moms that I didn’t know began emailing
me and calling me, telling me that their daughters were being
sexually harassed at Del Mar.”
None of the girls who have allegedly been sexually harassed could
be contacted by press time.
“These are administration men making advances toward daughters,”
according to Haley. “There were auditorium men watching them
[young girls] change.”
Haley said that as he looked further into the subject, all the stories
were the same.
“There has to be truth,” Haley said.
Some of the letters written by the girls have been posted on the
website, though their names have been omitted.
In one letter that was posted, a girl describes an incident that
occurred while she was performing as a dancer at Richardson
Auditorium, “I saw a man standing at the foot of the stairs that led to
our dressing room. As we would go up and down, he would look up
and watch us.”
Though the letters are there, there has not produced any proof that
these incidents occurred.
According to Haley, the Board of Regents at the time was told about
these incidents, but ignored them.
“They [Board of Regents] are in so much of a rut, they can’t get out,” Haley said. “But, sooner or later they will have to clean this up.”
Westergren has sent a cease and
desist letter to the user of the name
“Jaime Kenedeño,” stating “you are the
individual responsible for a long series
of e-mails and blogs which have been
sent to Del Mar College
recipients…there are limitations when
free speech interferes with an individual’s
right to be free of defamatory
statements particularly in a public
forum. Because of the extremely irresponsible
nature of some of your blogs
as they relate to Del Mar personnel, we
are demanding that you cease and
desist from any further contact with
Del Mar personnel…or we will seek
legal action.”
Westergren said that “because there
are statements of criminal conduct of
Del Mar employees” the letter was sent
out.
“It is to protect the faculty and students
from defamation,” Westergren
said. “Some of these blogs are wild allegations.”
According to Westergren, the issue is
currently under review if DMC will
take legal action against Haley.
“I find it very amusing that they
would dream of taking us to court,”
Haley said. “When they take me to
court, they will have to take the Caller-
Times to court because this is a
Freedom of Speech issue. I feel the letter
was a threat.”
In regards to the letter, Haley
responded to Westergren in an e-mail
stating, “please, by all means continue
with the due process. It will be a fresh
start for DMC. At least finally, we will be
able to witness the Due Process work at
Del Mar, for once without it being thwarted.”
Westergren pointed out posts from
August 19, September 26, and October 31
of this year where slanderous statements
were made.
“[People] have a right to discuss in a
public forum, but there are limits on what
you can say,” Westergren said. “[Haley] is
exceeding the limit of what he can do
electronically. If you say someone is guilty
you better be right about it.”
Though Haley remarks that there are
“many that have access” to the blog and
anyone can post, Westergren has “evidence
that ‘Jaime Kenendeño’ is Anton
Haley.”
The website does not censor anyone
and posts all submission.
On his blog, Haley said “Del Mar is
being used right now for a select group of
people. People that are using the system
for themselves are ruining the Del Mar
reputation, not us.”
According to Haley, “The truth, which
is supported by documentation, is not
always the favorite thing to be heard. A
lot of girls there [Del Mar] dress provocative,
but that does not give administrators
the right to do that [sexually harass].
There have been incidents when Garcia
has taken girls into his office and a few
have come out crying,” according to
Haley.”
According to Westergren, the cease and
desist letter was sent out to “protect
employees from unreasonable defamatory
remarks,” such as these.
Haley believes that everything he posts
is the truth.
“My sources are my sources,” Haley
said, though he will not reveal anything
that confirms his allegations.
Joe Ortiz, of the American GI Forum
agrees with Haley that there is something
wrong going on at Del Mar.
“The fox is taking care of the chicken
coop,” Ortiz said. “This is an important
issue and we have to come together. I
have never seen anyone as disrespectful
as Carlos Garcia.”
According to Ortiz and Haley, Ortiz
had been looking into sexual harassment
allegations before Haley. Both believe that
the Board of Regents should “micromanage
on that level” to stop the allegations.
“People that live in a glass house
should not throw rocks because we will
throw back. I don’t have a glass house,”
Haley said.
The blogspot “is for the kids. We don’t
gain anything from it,” according to Ortiz.
“We believe what we write is the truth.”
The results of the dispute are yet to be
seen. However, precedents in online
defamation are being set already. In a
recent lawsuit, a Florida jury awarded
$11.3 million to a Florida woman “in a
defamation lawsuit against a Louisiana
woman who posted messages in the
Internet accusing her of being a ‘crook,’ a
‘con artist’ and a ‘fraud,’” according to
USA Today.
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