Counterclaim Filed Against Gates

Thursday, January 9, 2014

— A former student at NorthWest Arkansas Community College filed a counterclaim as part of the defamation lawsuit a college official brought against her for statements made about him on the Internet.

The lawsuit was filed on behalf of Steven Gates, senior vice president for learning and provost, against Francesca M. Cataldo in February 2013.

The college isn’t a named party in the lawsuit.

Cataldo filed her counterclaim against Gates in Benton County Circuit Court on Wednesday. Cataldo will act as her own attorney.

“I’m the victim,” Cataldo said Wednesday. “He’s not the victim and I’m shocked he filed the suit. It’s more bullying and harassment.”

Gates should have worked toward resolving problems at the college instead of filing the lawsuit, Cataldo said.

Gates couldn't be reached for comment. Steven Hinds, executive director of public relations and marketing at the college, returned a phone call made to Gates. Hinds said he would give Gates the message, but Gates didn't return the call.

Gates’ lawsuit claims Cataldo began to post about the college on the Internet blog nwacccorruption.blogspot.com. The lawsuit claims Cataldo made false and defamatory statements about Gates and his position with the college.

Cataldo attended the community college between January 2007 and April 2011, according to the counterclaim. Cataldo states in her counterclaim that she was wrongfully expelled for fabricated reasons three weeks before graduation, and the college committed consumer fraud, breach of contract and violations of due process along with harassment and bullying against her.

The counterclaim also states someone changed Cataldo’s grades and destroyed her grade point average. She also claims she was wrongly expelled for fabricated reasons.

Cataldo states she began blogging at nwacccorruption.blogspot.com after she was unable to obtain any help from Gates, according to the counterclaim.

Gates’ lawsuit lists several examples of defamatory statements. The lawsuit states on May 26, 2012, Cataldo posted Gates was “a bully” and had been fired from Crowder College in Neosho, Mo., for sexual harassment. The posting also claimed Gates had been unemployed for several years and questioned why someone with “his tainted history” was hired by the college, according to court documents.

The complaint reflects an Aug. 7, 2012, posting that described Gates as a “bully” and the “the Don Coreleone of this mob mentality.” The posting also claimed Gates destroys people’s lives and careers.

Cataldo accused Gates of cyberstalking her in an Aug. 13, 2012, post, according to court documents.

Cataldo states in her counterclaim she's willing to remove the blog postings concerning Gates if Gates is willing to right the wrongs he did to her and other students at the college.

She also states she has evidence the blog entries about Gates are true, and she has the freedom of speech to keep her blog as it is, according to the counterclaim.

Gates’ lawsuit claims the blog entries are libelous. He wants the judge to order Cataldo to stop making statements that defame him.

The case is assigned to Circuit Judge John Scott.