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Wednesday, February 5, 2014

mattiuzzi v. csus


(50 page complaint & 148 pages of exhibits) 

"Cici had informed me that she was going to sue the University ... I told people that she had, in my view, she had ample right on two issues ... 
"One,  the issue with Markovic and what he had done around here, especially with the sexual harassment of students 
The other one, I felt she had a right to grieve on - not being promoted, and that she's being held back.
I thought that we were well on our way of resolving issues ... before the lawsuit.  And the University just didn't respond so, you know, it came to a lawsuit.
CSUS Engineering Dean Emir Macari,  recorded 1/11/2011.

In 2009, Engineering & Computer Science Career Services Director Cici Mattiuzzi sued Sacramento State and Professor Miroslav Markovic (who had threatened to shoot three people).  Markovic "retired" and she broke through the glass ceiling. To settle the case, the University demanded that she retire in 5 years, Spring 2015. To settle the case, Cici agreed.


Federal Lawsuit, 2011–2014  
(documents below) 


Starting in early 2010, as soon as the Markovic litigation was finished, Dean Macari took a series of actions that threatened Cici's ability to continue operating Career Services. He diverted $200,000 that she had independently developed and raised to fund her operations. He dismantled her second office - the Interview room essential for students. In May of 2010 he fabricated a story - saying she had an "outburst" - and then wrote to Human Resources saying that she was a troublesome and "dangerous" employee.  Despite telling the campus investigator that she had good reason to sue, Macari was deeply aggrieved by the action.*

Human Resources told Cici that she had nothing to complain about and reminded her that she had, after all, sued the University.

In May 2011, Cici sued Emir Macari and CSUS for retaliation in a Federal Civil Rights action. Her only demand was for the retaliation and hostility to stop. The ECS career services office was on a path towards collapse with its account having been almost fully depleted.

In response to the suit, the University demanded that she resign immediately.

The case was not heard until January 2014, and it settled after the first week of trial. The University insisted from the start that there could be no settlement of any kind unless Cici retired immediately. Alexander Gonzalez and his attorneys failed to secure that outcome.

Before the case was heard, Alexander Gonzalez was forced to assign Cici an outside supervisor and to stop Macari from taking all the money she raised, as it came in. By the time the case was heard, the space she needed had been vacant for months and Emir Macari had been removed from his position as Dean.

Cici stood up to protect students and staff when CSUS refused to do anything about Markovic, even after a finding of fact by their investigator that he threatened to shoot a pregnant woman. In response, Dean Macari retaliated and President Gonzalez supported him.

Cici will be retiring at the end of Spring, May 2015.

Rather than fixing things when they are broken, it has been the policy of CSUS to shoot the messenger. If you complain, you will be punished.  The institution prefers to call the employee delusional, rather than admit to the underlying failure of leadership

*Conclusory statements in this text are expressions of opinion. 

2010 - 2014 case document archive:


Plaintiff Cici Mattiuzzi
 v.
 Emir Jose Macari and the CSU Trustees



an action under the Civil Rights Act for Retaliation
May 18, 2011

Plaintiff's Notice of Settlement
January 7th, 2014

Stipulation of Dismissal
by and between the parties

How it went at trial - and how it came to an end
in brief

How Career Services survived

"University officials had no comment on Macari’s departure"



The Federal Case:

Plaintiff's trial brief

Defendant's trial brief version 3.0 
 dishonesty, vindictiveness & motions in limine
("let's not hear the evidence") 

Plaintiff's Opposition to Motions in Limine
("let's hear this evidence")

Responding to the CSUS brief ... prepared by plaintiff for use at trial: 
Comments made by Emir Macari ... "Dr. Macari denies these comments." 
The taking of RVR 2006 ... there was  no "obvious utility" in dismantling the Career Services Interview Room
How the money - $200,000 - was laundered ... there were no "withdrawals" 
Swimming in money ... there was no "unprecedented fiscal crisis" 
"Every audit of these accounts failed to uncover any evidence of wrongdoing"... audits, what audits? we don't have to show you no audits.
"Plaintiff remarkably complained" .... she "continued to concoct new claims" ... stress claims "citing Plaintiff's abusive behavior" were filed ... "typographical errors were made"
"Plaintiff's delusion" ... Macari said she was "dangerous," the University said she was insane.

Treasure of the Sierra Madre (1948) movie trailer

Bee Editor’s note: This post was updated Feb. 4 to state that university officials had no comment on Macari’s departure. A previous version said officials had to confer with counsel before commenting.

Sacramento Bee 02/03/2014: "Sacramento State engineering dean replaced" ... no comment until they can confer with counsel.
To ECS Faculty and Staff, 01/31/2014 (cc: to Charles Gossett): "Appointment of Interim Dean"
Charles Gossett, 12/03/2013: "Message to ECS Department Chairs and Dean's Staff from Provost
Sacramento Bee 12/13/2013: "Sac State sheds little light on high-profile dean’s absence ... has quietly gone on administrative leave." 
 CBS13 KOVR 12/11/2013: "Sacramento State Dean On Leave Accused Of Retaliation Against Whistleblower." 
Libel action dismissed at plaintiff's request 11/25/2013 Emir Jose Macari v. Paul G. Mattiuzzi