by Marty Mayfield
RATON — The MCMC Board of Directors, through their attorney Jarmie and Associates, have responded to a complaint filed against them for violations of the New Mexico Human Rights Act and the New Mexico Tort Claims Act.
The lawsuit was filed after the board or hospital administration failed to act on a sexual harassment complaint was made against Brian Moffett by Gail Stoecker, both employees at the MCMC Acute Care at the time of the incidents.
According to the 16-page response, the MCMC Board of Directors went paragraph by paragraph through the complaint and responded to each paragraph with either a “Defendants are without knowledge as to the truth of the allegations made” or admit to the allegations made in the specific paragraph and “deny any implication of liability associated with this limited admission.”
The response goes on and admits that the defendants did terminate Moffett upon receiving the plaintiff’s complaint. The complaint indicates that the termination should have been done sooner in the year prior to July 2017.
The response goes on to say that any employment actions taken by the defendant against the plaintiff were taken for a legitimate business purpose unrelated to conduct prohibited pursuant to the New Mexico Human Rights Act and retaliatory action was not a motivating factor in any actions taken by the defendant against the plaintiff.
The MCMC Board of Directors has requested that the case be heard by a jury of 12 instead of six and no court date has been set at this time.