Bassett v. Atlanta Independent School District

• Decision Date: 30 October 1973
• Docket Number: No. 72-2848.,72-2848.
• Citation: 485 F.2d 1268
• Parties: Houston BASSETT, Plaintiff-Appellee, v. ATLANTA INDEPENDENT SCHOOL DISTRICT et al., Defendants-Appellants.
• Court: U.S. Court of Appeals — Fifth Circuit

485 F.2d 1268 (1973)

Houston BASSETT, Plaintiff-Appellee, v. ATLANTA INDEPENDENT SCHOOL DISTRICT et al., Defendants-Appellants.

No. 72-2848.

United States Court of Appeals, Fifth Circuit.

October 30, 1973.

Charles E. Thompson, Atlanta, Tex., Franklin Jones, Jr., Marshall, Tex., for defendants-appellants.

Larry Watts, Houston, Tex., for plaintiff-appellee.

Before BELL, INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

As a result of Government pressure to desegregate its schools, Atlanta, Texas, unitized its school system commencing with the 1970-71 term. After consolidating their three high schools into one, the school district had two more high school principals than it needed, one of which was plaintiff, who then sued for reinstatement and back pay. Although the District Court, 347 F.Supp. 1191, found that the school board did not violate plaintiff's constitutional rights in failing to offer him the principalship of the surviving high school, or the surviving junior high, it ordered immediate reinstatement of plaintiff as a full-time principal of one of the elementary schools, reimbursement of lost wages, reinstatement of all other benefits of continued employment, attorney's fees, and costs. We agree with the District Court that the principles set forth in Singleton v. Jackson Municipal Separate School District, 419 F.2d 1211 (5th Cir. 1969), cert. denied, 396 U.S. 1032, 90 S.Ct. 612, 24 L.Ed.2d 530 (1970), apply to this case. We reverse, however, on the ground that since the Court found no violation of Singleton in the failure to hire plaintiff in either of the two positions which he had indicated he would accept, the Court should not have ordered reinstatement and back pay to a job that the plaintiff maintained would be unacceptable prior to and during this lawsuit.

Houston Bassett was employed by the Atlanta, Texas, school system as principal of the all black Booker T. Washington High School during the 1969-70 school term. He had served in that capacity for the preceding seven and one-half years. Previously he had been an elementary school principal in the Atlanta system for four and one-half years.

In February of 1969, Bassett was extended a two-year contract for continued employment, as was customary in the system. Bassett's contract, however, contained one variation from the other contracts issued: his principalship was contingent upon Booker T. Washington High School remaining in existence as a secondary school. Should this contingency not occur, the contract provided for unspecified reassignment.

The possibility that Booker T. Washington would cease to exist as a high school was anticipated by the school board and administration officials. A new high school, capable of housing all of the secondary students in the district, both black and white, was under construction. Its completion, expected prior to the 1970-71 school term, would implement a reorganization of Atlanta's dual system into a unitary system. At that time the all black secondary school would cease to exist.

Bassett reviewed the tendered contract but returned it unsigned to the Superintendent of Schools. He attached a note which in substance stated he would accept a junior high school principalship. The District Court found that Bassett refused the proffered contract on the claim that it would force him to accept either a demotion or a dismissal in violation of the Fourteenth Amendment and 42 U.S.C.A. § 1983.

The Superintendent responded by discussing with Bassett the possibility of his accepting the newly created position of assistant principal at the new high school. He formulated a tentative job description and forwarded this to Bassett for his consideration. The assistant principalship was rejected by Bassett, who insisted that he was entitled to a position equal to or better than junior high principal.

Bassett continued as principal of Booker T. Washington during the 1969-70 school term without a written contract. In April of 1970, as the new high school neared completion, a new school Superintendent notified Bassett that he would not be recommended for reemployment since he was presently not working under a signed contract and since Booker T. Washington High School was being absorbed in the 1970-71 unitized system.

Bassett brought this suit for reinstatement and back pay contending that he is entitled to a position as principal of either grades 9 through 12 or grades 7 and 8 because he was formerly principal of grades 7 through 12.

I.

Between the time that Bassett refused the written two-year contract and the termination of his employment, this Court decided Singleton v. Jackson Municipal Separate School District, supra. Singleton established the criteria concerning faculty displacement in court ordered desegregation cases.

If there is to be a reduction in the number of principals . . . employed by the school district which will result in a dismissal or demotion of any such principal, the principal to be dismissed or demoted must be selected on the basis of objective and reasonable non-discriminatory standards from among all the staff of the school district. In addition if there is any such dismissal or demotion, no staff vacancy may be filled through recruitment of a person of a race, color, or national origin different from that of the individual dismissed or demoted, until each displaced staff member who is qualified has had an opportunity to fill the vacancy and has failed to accept an offer to do so.

Singleton, supra, 419 F.2d at 1218. The Singleton criteria are not applicable however, if it is found that the dismissal or demotion occurred prior to February 1, 1970, the effective date of Singleton. Sparks v. Griffin, 460 F.2d 433 (5th Cir. 1972). Although the Atlanta School District was not a party defendant to Singleton, the District comes within the broad mandate of that decision. We must therefore determine whether Singleton is to apply under the circumstances of this case: did the dismissal occur prior to the effective date of that decision?

Appellants contend that Bassett's failure to sign his tendered employment contract in March, 1969, should mark the date of the dismissal. This contention fails to consider the effect of Bassett's continued employment during the 1969-70 school term without benefit of the contract and without objection from the school board. The District Court found that "the school board is estopped from asserting termination of the contract in March, 1969, . . . in light of subsequent conduct by the board that included retaining Bassett as principal and paying his monthly salary for the 1969-70 school year. Corbin on Contracts §§ 193-209." The District Court correctly held that the effective date of dismissal occurred when Bassett's employment was terminated at the end of the 1969-70 term, and that Singleton is applicable under the circumstances.

II.

The next question is whether the school district met the Singleton criteria. The critical question is whether the school board's offer of an assistant principalship would violate Singleton standards as a demotion. Demotion was defined in Singleton:

"Demotion" . . . includes any reassignment (1) under which the staff member receives less pay or has less responsibility than under the assignment he held previously, or (2) which requires a lesser

...