Power struggles, insults, and school board interference alleged in Fresno-area lawsuit

A former West Park Elementary superintendent, fired earlier this year after just four months on the job, is suing the district and its school board president, alleging wrongful termination and breach of contract.

Regina Diaz filed her lawsuit on June 8 in Fresno County Superior Court, naming the West Park Elementary School District and board President Kimberly Vivenzi as defendants.

Vivenzi declined to comment on the lawsuit.

West Park, a single-school district with fewer than 600 students just southwest of Fresno, recently has been embroiled in a series of increasingly bitter disputes between school board supporters and critics.

Diaz was hired as the West Park superintendent in early January, less than a month after the board fired the previous superintendent, Ralph Vigil. But four months later, in April, Diaz found herself on the district’s chopping block and was fired by the school board in a 4-0 vote, according to school district records.

Diaz accuses Vivenzi and the school board of firing her “in retaliation for her efforts to prevent Vivenzi and other Trustees from improperly interfering in the day-to-day operations of the school — something that is expressly prohibited by the District’s own Bylaws.”

Specifically, Diaz says in the suit that Vivenzi and Trustee Anna Benavidez — who is not named as a defendant in the lawsuit — “would routinely show up at school and interfere with Diaz’s ability to do her job.

Benavidez could not immediately be reached for comment.

“Vivenzi, in particular, would show up at school unannounced almost on a daily basis and assign tasks to and/or request information from District employees,” according to the lawsuit.

The lawsuit says the situation “got so bad” that Diaz tried to set a meeting with the school board and the district’s lawyer to discuss “roles and responsibilities,” but Vivenzi refused.

Lawsuit accuses two West Park school board trustees of ‘hurling insults’

The lawsuit says Vivenzi’s refusal to “clarify expectations and goals for the superintendent” violated school board policies.

“Instead, Vivenzi insisted on continuing her pattern of unannounced (visits), improper usurpation of Diaz’s authority, and improper co-opting of District employees. In the process, Vivenzi and the District created a hostile work environment for Diaz,” the lawsuit states.

However, a dispute over yearbook project staffing sparked the fight that ended with Diaz’s termination, according to the complaint.

Diaz alleges that Benavidez, acting well beyond her limited authority as a trustee, assigned the project to a new staff member. Diaz reassigned the task and informed the board, reminding trustees that it was “inappropriate” for board members to get involved in the school’s day-to-day operations.

The complaint says both Benavidez and Vivenzi became angry and both were “hurling insults” at Diaz. As Diaz was leaving the meeting, the suit says, “Vivenzi screams after her into the open office for all to hear, ‘it wouldn’t have to be this way if you knew how to do your job.’”

A day after the confrontation, Diaz was placed on leave. She later was fired.

The suit further accuses the school board of manufacturing a reason to fire Diaz to avoid paying severance.

“In fact, no cause existed to terminate Diaz,” the complaint says, asserting that she was fired “simply because she attempted to stand up to the bullying and harassment she was receiving from Vivenzi and the Board” and tried to make trustees comply with board policies and Diaz’s employment agreement.

Diaz’s brief tenure as superintendent was controversial from day one, critics have previously told The Bee’s Education Lab.

In May 2021, about eight months before Diaz was promoted to superintendent, more than 30 staff and teachers in the district signed a letter of no confidence in Diaz in her previous role as learning director and submitted it to the board. An independent investigation determined there was insufficient evidence to support claims against Diaz in the no-confidence letter, school board records confirm.

Multiple critics and an independent investigation into Diaz’s no-confidence vote have also raised questions about whether a “perceived relationship” between Vivenzi and Diaz contributed to Diaz’s hiring and subsequent firing during the school year.

Neither Vivenzi nor Diaz have answered those questions. Vivenzi did not respond to the question in writing from The Bee in May. Diaz, in May, declined to comment through her husband, Avo Atoian, on any West Park issues due to the lawsuit she was planning to file at that time.

The lawsuit is set for a case management conference on Oct. 5 in the Fresno County Superior Court.

Troubled times at the West Park school district

Tensions within the West Park school have been mounting for months, with several employees and teachers saying staff morale is at an all-time low.

Dozens of employees have left the district since September 2021 amid disagreements over the district’s operation from the classroom level to the superintendent’s office, which has been occupied by three people since December 2021, including Diaz.

Critics have said the West Park staff exodus isn’t likely to help a district that saw nearly 70% of its students fail to meet state math standards during the 2020-21 school year. Almost half the district’s students that year also failed to meet English Language Arts and literacy standards. Parents and teachers have said the coronavirus pandemic only compounded those existing challenges.

Months of these lingering frustrations devolved into shouting matches and a 911 call on Monday during West Park’s regular school board meeting.

Several parents had been yelling and demanding answers from the board during the meeting, despite requests from the board president that the meeting maintain order.

Juan Benavidez, the husband of board Trustee Anna Benavidez, got into a confrontation with a parent who had been critical of the school board during the meeting, yelling criticism from her seat in the crowd and interrupting speakers.

Fresno County Sheriff’s Office spokesperson Tony Botti said witnesses and security camera footage confirmed that parent approached Juan Benavidez, pointed a finger in his face, and grabbed his arm. Botti said Benavidez “pulled away,” and the altercation ended.

Investigators said Benavidez then called his granddaughter, who immediately came to the school. The granddaughter got into a second tussle outside with the same woman, Botti said.

Benavidez said he left the meeting after the initial altercation with the parent as he “was not there to confront anybody” and didn’t want things to escalate.

In interviews with The Bee, both sides of the conflict accused each other of instigating the confrontation.

The Education Lab is a local journalism initiative that highlights education issues critical to the advancement of the San Joaquin Valley. It is funded by donors. Learn about The Bee’s Education Lab at its website.