Rich Rodriguez's former office assistant has filed a federal lawsuit against the ex-Wildcats coach and the University of Arizona, alleging violation of due process, assault and intentional infliction of emotional distress.
The lawsuit, filed Wednesday in U.S. District Court of Arizona by Melissa Melendez, is almost identical in wording to the December 2017 notice of claim that led to Rodriguez's firing. Melendez is seeking unspecified compensatory and punitive damages, back and front pay, attorney's fees and interest at the maximum rate allowed.
Melendez's Dec. 28, 2017 notice of claim, which is a precursor to a lawsuit, sought $7.5 million in damages. On Jan. 19, 2018, Wilhelmsen filed an additional $8.5 million notice of claim against the UA, saying the school is liable for Rodriguez's conduct.Β
Melendez filed both claims under her married name, Wilhelmsen, but has since divorced, Pima County Superior Court records show.
Melendez's attorney, Stephanie R. Leach of Phoenix, says in the lawsuit that Melendez was forced to hide Rodriguez's longtime relationship with a mistress. Eventually, the lawsuit says, Rodriguez began sexually harassing Melendez by brushing up against her breasts, discussing his preference in underwear and at one point grabbing his genitals while she was in his office.
Melendez discussed Rodriguez's behavior with at least one other football department employee, who said that he was more concerned with Rodriguez's misuse of funds, according to the lawsuit. Melendez left the UA for a job with a local insurance agency in August 2017. Rodriguez is in his first season as Ole Miss' offensive coordinator.Β
At the time that the notice of claim was filed, Rodriguez admitted to the affair but denied the other allegations, saying he had passed a lie detector test. A third-party investigation did not find enough evidence for the UA to fire Rodriguez for cause.
The lawsuit repeats many of the allegations put forth in the notice of claim regarding Rodriguez's behavior towards Melendez and off-color comments made by other football staffers. It also includes new information about an Oct. 26, 2017 meeting between Melendez and an investigator in the UA's Office of Institutional Equity.
According to the lawsuit, investigator Kristen Klotz told Melendez "the university knew she left because of what Rodriguez did to her."
The lawsuit says that when Klotz began to question Melendez about the sexual harassment, Melendez became worried that other people might lose their jobs and that her comments might be made public. Melendez then "ended the interview politely and sought legal counsel."Β
Melendez has a new job, but she still runs into old acquaintances and "wonders whether they think she was nothing more than Rodriguez's concubine all those years," the lawsuit says.
"He certainly never did anything to dissuade others from assuming as much," the lawsuit says.Β
As a result of the turmoil at the UA, Melendez continues to have nightmares and is undergoing counseling "to help her deal with the ongoing stress of being in such an abusive work environment," according to the lawsuit.
