SCUSD Settles Caserta Lawsuit for Millions

The Santa Clara Unified School District (SCUSD) has almost settled a lawsuit filed by former teacher Dominic Caserta. Pending approval from the Joint Powers Authority Board, the district along with the Joint Powers Agency will pay Caserta a one-time settlement of $1,579,000. However, the true total of the settlement is at least one million dollars greater and growing.

Caserta has been on paid leave from SCUSD since he filed his lawsuit in 2019. According to the settlement, he will receive full pay and benefits from the district until May 1, 2028. After that, Caserta will resign. 

Even after he resigns, Caserta will continue to receive medical benefits until he reaches the age of 65. Caserta will be 65 in 2040.

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Additionally, if Caserta uses SCUSD as a reference for future employment, the district has agreed to provide a “neutral reference.”

Other Defendants Will Also Pay Caserta

In addition to the payout from the district, Caserta also received settlements from three other people named in the case. 

Seana Shelby, a librarian who last worked for the district in 2021, according to Transparent California, will pay Caserta $5,000.

Tony McGilvery, Santa Clara High School’s Athletic Director, according to his LinkedIn profile, will pay $5,000 as well.

Rene Coleman, a kindergarten teacher still employed by the district and the sister of Santa Clara Mayor Lisa Gillmor, will pay $1. 

The two defendants named first in the lawsuit, Nora Dipko and Gina Perez, were not listed among the names in the settlement. 

According to Transparent California, Perez was last employed by the district in 2019. 

Dipko was listed on the site as a “Former Secretary/Extra Help” in 2023, where she received total pay and benefits totaling nearly $200,000.

District Paying Caserta’s Salary as Well

Even though the district agreed to pay a lump sum of more than $1.5 million dollars, Caserta has already received more than $1 million in pay and benefits to date and is expected to receive more moving forward.

According to Transparent California, Caserta was listed as “Unassigned District Office” in 2019, the same year that he filed the lawsuit against the district. He maintained that “title” until 2021. In 2022, he was listed as “Tosa,” which is short for “Teacher on Special Assignment.”

His total pay and benefits over that time span was as follows:

  • 2019: $166,803.05
  • 2020: $172,519.83
  • 2021: $184,876.89
  • 2022: $187,276.57
  • 2023: $223,931.02
  • 2024: Unknown

While Transparent California has not released numbers for the current year, it is safe to say that Caserta’s classification and status has not gone down.

When asked why there was a significant jump in Caserta’s pay between 2022 and 2023 on Transparent California, a district spokesperson said that salary increases were due to “advancement on the ‘step and column’ of public employee salary schedules and union negotiated cost of living and pay increases.”

Caserta Case Background

Caserta filed suit against SCUSD and several of its employees after his personnel record was accidentally sent to the entire district email list. 

Approximately 1,600 people received the file and it eventually made its way to the media. The file included previous accusations by two SCUSD students who say that Caserta made unwanted physical contact with them.

Caserta was still an employee of the district at the time of the file’s release. 

He said the release caused irreparable harm to his professional and political life. Caserta said he lost his part-time teaching position at Foothill/De Anza College, had to resign his position on the Santa Clara City Council and end his candidacy for the Santa Clara County Board of Supervisors.

Related Posts:
FPPC Reduces Former Santa Clara City Council Member’s Fine
Santa Clara Unified: Budget Study Session, Caserta Lawsuit Settlement

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