Former Cupertino college trustee drops lawsuit against district

A local community college district is no longer facing legal action from a politician who used to serve on its board.

Gilbert Wong, a former Foothill-De Anza Community College District trustee and Cupertino mayor, filed a motion dismissing his lawsuit with prejudice against the district, its board members and former chancellor on Jan. 13. Wong sued the district in 2023, claiming its board members broke the law in their efforts to censure him following alleged racist remarks Wong made against former De Anza College President Lloyd A. Holmes.

Wong argued the board violated open meeting laws, district policies and his due process rights in the roughly year-and-a-half-long legal battle, before dropping the case.

Bradley W. Hertz, Wong’s lawyer, told San José Spotlight all parties “reached an agreement,” which a district spokesperson confirmed. Wong will pay $50,000 to the Foothill-De Anza Foundation as “payment for the benefit of the district’s students,” according to settlement documents obtained by San José Spotlight. Named parties included the college district, former Chancellor Judy Miner, former Trustees Patrick Ahrens, Pierce Tao and Chamu Palaniappan, Board President Peter Landsberger and Trustees Pearl Cheng and Laura Casas.

“The district is happy to put this matter behind us and focus on the important work of helping our students reach their goals,” the district spokesperson told San José Spotlight.

Wong declined to comment. Miner, Ahrens, Palaniappan, Cheng, Casas and Holmes did not respond to requests for comment. Tao could not be reached for comment.

Landsberger told San José Spotlight he’s glad the case ended in “a manner that is favorable to the district.”

Wong sued the district after its board censured him in March 2023. The censure followed a “determination panel” of board members and administrators releasing a report finding probable cause that “Wong subjected Dr. Holmes to unlawful harassment and discrimination on the basis of race or color in violation of district policy as a result of his comments regarding skin color.” In one conversation Wong allegedly had with Holmes, he told Holmes he wouldn’t be supported by the college district’s Asian Pacific American Staff Association in a possible bid for district chancellor because he was African American, in addition to other alleged comments.

The district board stripped Wong of his committee assignments, told him not to meet with Holmes in private again and instructed him to attend anti-harassment and anti-discrimination training. Wong’s legal action sought a court mandate ordering the district to pull back the censure and declare the board violated district policies and the Brown Act, which sets open meeting laws. He continued the lawsuit while running for Cupertino City Council last year.
Landsberger said the district can now focus fully on the education it provides.

“Now we can turn our attention to serving our students and community without the distraction of a lawsuit that should never have been brought in the first place,” he said.

Contact Annalise Freimarck at [email protected] or follow @annalise_ellen on X.