When a Nonprofit’s Defense Implodes: How Misrepresentation and Silence Signal Guilt
On July 25, the chairman of a Pasadena nonprofit signed a letter that would change the trajectory of this dispute. In it, he cited “a preponderance of evidence” to claim my allegations of retaliation and defamation were unsupported.
That phrase was the first mistake.
Months earlier, the organization’s own investigator had told me she does not use legal or policy language in her findings. She also said she would not make determinations about whether retaliation occurred, because those conclusions fall under law or policy. That was the basis for my decision to opt out of the process — a process I already saw as structurally biased and designed to protect the institution.
Then I obtained a legally recorded, fully consented transcript. A former client told me that after my resignation, one of the organization’s senior clinicians called them and said I was “never a therapist here” and “dangerous.” Both claims are false. They caused the client to leave therapy. The statements were made while the investigation was still underway.
That evidence was never reviewed by the investigator. It was never considered before the board chairman used her name to issue legalistic exonerations. If those conclusions are in her report, they contradict her own scope disclosures. If they are not, then her work has been misrepresented in a way that materially benefits the organization and harms me.
Since raising this directly with the investigator, silence. No clarification. No denial.
And that silence is telling.
In whistleblower cases, misrepresentation of investigative findings is a live wire. It exposes boards and executives to claims of defamation, interference with business expectancy, and retaliation. It forces uncomfortable questions about governance, fiduciary duty, and basic ethics.
The nonprofit could have walked away months ago. Instead, they doubled down. And now, with regulatory complaints filed, sworn testimony in hand, and their own contradictions on record, they are out of room to maneuver.
Silence is a choice. And in this case, it speaks louder than any letterhead.
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Enrique Arteaga - Chief Justice Officer - elevate.epo © 2025