Love v. Alamance County Bd. of Educ., C-79-456-G.

• Decision Date: 29 February 1984
• Docket Number: No. C-79-456-G.,C-79-456-G.
• Citation: 581 F. Supp. 1079
• Court: U.S. District Court — Middle District of North Carolina
• Parties: Mary M. LOVE, Plaintiff, v. ALAMANCE COUNTY BOARD OF EDUCATION, Defendant.

581 F. Supp. 1079

Mary M. LOVE, Plaintiff, v. ALAMANCE COUNTY BOARD OF EDUCATION, Defendant.

No. C-79-456-G.

United States District Court, M.D. North Carolina, Greensboro Division.

February 29, 1984.

J. LeVonne Chambers of Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P.A., Charlotte, N.C., for plaintiff.

Paul H. Ridge of Ridge, Roberson & Richardson, Graham, N.C., and Martin N. Erwin of Smith, Moore, Smith, Schell & Hunter, Greensboro, N.C., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HIRAM H. WARD, Chief Judge.

The Court tried the claims of plaintiff Mary M. Love, a black female, against defendant Alamance County Board of Education (Board) in this action without a jury on December 12-16, 1983. Plaintiff alleged in her Complaint (July 10, 1979) that the Board failed to promote her to various principal and assistant principal positions within the school system because of her race and/or sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), 42 U.S.C. §§ 1981, 1983 and the Thirteenth and Fourteenth Amendments of the Constitution. In her Proposed Findings of Fact and Conclusions of Law filed on September 23, 1983, plaintiff represented (in footnote 6) that she could obtain appropriate relief under Title VII and sections 1981 and 1983 and that the Court need not address her claims for relief under the Thirteenth and Fourteenth Amendments.

The parties submitted voluminous documentary evidence during the course of the trial. Having duly considered the parties' oral and documentary evidence, the Court now enters its Findings of Fact and Conclusions of Law thereon. Fed.R.Civ.P. 52.

FINDINGS OF FACT

1. Mary M. Love, the plaintiff, is a black female who began her employment as a teacher in the Alamance County school system in 1957. Prior to her employment in the system plaintiff received a B.A. degree from Winston-Salem State University (WSSU), a predominately black university in North Carolina, and taught briefly in other school systems. In 1959 she received a M.A. degree in elementary education from North Carolina Central University, another predominately black school in this state. Plaintiff's first assignment within the system was at West End Elementary School where she served as an elementary education teacher. The school system was segregated until the late 1960's. Beginning with the 1969-70 school year, plaintiff transferred to an integrated school setting and taught reading at E.M. Yoder and South Mebane Elementary Schools. At that time plaintiff took summer courses at the University of North Carolina — Chapel Hill, but received no degree. Beginning with the 1971-72 school year plaintiff was placed permanently as a reading teacher at South Mebane Elementary School where Robert Gordon was her principal. At this time plaintiff began taking courses in school administration at North Carolina A & T University, a predominately black school, and received a principal certification, grades K-12, from the North Carolina Department of Public Instruction in May, 1972. Prior to receiving the certification plaintiff served as an intern under Robert Gordon at South Mebane Elementary School. From 1972 until 1976 plaintiff took a few education courses in reading at the University of North Carolina — Greensboro in order to acquire certification in reading. After 1972 plaintiff has only six hours of non-in-service education courses.¹

2. On February 12, 1970, plaintiff submitted an application to John Deason, the Superintendent, for the position of Coordinator of Student Teaching. Defendant's Exhibit 25, plaintiff's Personnel Record, Letter dated February 12, 1970 (hereafter Personnel Record). Judith Wish was selected for the position. Plaintiff testified that she was better qualified because she had approximately ten more years of teaching experience and was more familiar with WSSU, a college with which the Coordinator must work closely and not a newcomer to the school system. Wish had equivalent degrees and had taught about four years. In addition, Wish had a certification in supervision, the Coordinator's primary function. Defendant's Exhibit 43.

3. On July 1, 1971, Dr. Robert A. Nelson became the superintendent of the school system, replacing John Deason. Nelson held that position until April 30, 1983.

4. C. David Green was the Assistant Superintendent for Personnel from 1971 to 1978. From 1978 until August, 1979, Robert Gordon held this position and was replaced by Robert Stockard. R. Hardy Tew served as the Assistant Superintendent for Instructional Support Services from 1971 up to the trial. The Assistant Superintendent for Physical Support Services from September, 1979, to the date of trial was Charles Jefferies, Jr., a black.

5. The school system began desegregating in the late 1960's and was in the process of desegregating in 1971 when Nelson became the Superintendent. Plaintiff testified that by 1970 the system had desegregated the teaching staff. The Office of Civil Rights (OCR), a federal agency with significant powers over school desegregation efforts, accepted the system desegregation plan in September, 1971. Plaintiff's Exhibit 11(b), Letter dated August 5, 1974, from OCR Director to Nelson. In August, 1974, OCR advised Nelson of its criticism of an interdistrict transfer policy which it linked to excessive black enrollment at two schools and its belief that blacks were under-represented among school administrators. OCR demanded corrective action before the 1974-75 school year to ensure continued receipt by the system of Emergency School Aid Act (ESAA) funds. Plaintiff's Exhibit 11(b).

6. Nelson testified without contradiction that no black principal was displaced or dismissed as a result of desegregation rezoning after his arrival.

7. On May 26, 1975, the Board adopted an Affirmative Action Plan (Plan) (Plaintiff's Exhibit 11). The purpose of the plan was "to restore the staff of principals (including principals and assistant principals) and coaches of the School System to its predesegregation composition of a 20 percent minority coaching staff and a 20 percent minority principals staff.." Plan § I. The Plan specifically provided that until the 20 percent goal is reached for principals, the system will hire at least one new black principal for each new white principal hired. Plan § II. Of course, the Plan did not require the system to hire anyone who did not meet the system's nondiscriminatory employment requirements. Furthermore, pursuant to the Plan, the system would be relieved of all the Plan's requirements and would not be required to maintain a 20 percent minority composition once the 20 percent goal was obtained. Plan § II.

8. The system did not meet some of the goals or requirements of the Plan. At section III A.9. the Plan provides that "presently-employed subordinate personnel shall be automatically considered for promotion when vacancies occur in subordinate positions." The practice within the system was and continued to be consideration of all persons who expressed an interest in promotion to a new position. There is no evidence anyone within the system attempted to hide the existence of openings. On the other hand, the Central Office of the school system disseminated Notices of Vacancies concerning openings in principalships at least as early as 1971 to in-state colleges and all schools within the system. Defendant's Exhibit 18; Plaintiff's Exhibit 5 at 2-3.

9. The system did not fulfill the requirements that hirees must be evaluated "pursuant to written, objective, and lawful employment criteria." Plan § III C.1. Nelson testified that the various selection procedures utilized by the system involved predominately subjective evaluations of applicants. Nelson also testified that he perceived such evaluations as essential and irreplaceable. Contrary to section III C.3. the system never issued explanations as to "why the successful candidate was the most appropriate person for the position." (To a very great extent those explanations have been the subject matter of trial testimony.) Section III C.2. required standardized written evaluations in order to permit accurate comparisons between applicants. The system did not fulfill this requirement because it never developed written evaluations for principal and assistant principal positions. However, the procedures utilized were standardized. All witnesses with experience in the selection procedure testified that applicants were subjected to the same questioning and analysis by Nelson and selection committees.

10. Contrary to sections III D.1. & 3. the system never developed a written analysis of its recruitment, hiring, and promotion practices "in an effort to reveal any factors which would tend to impede the System's ability to achieve ..." 20 percent representation. In light of the purpose of this analysis, its need is questionable because during the 1975-76 school year immediately following adoption of the Plan in May, 1975, the system successfully hired principals on a 1:1 ratio and achieved the 20 percent goal. As previously noted, once 20 percent representation was achieved among principals (which includes assistant principals) these requirements were lifted.

11. On July 25, 1975, OCR waived the system's ineligibility for ESAA funds based on the system's assurances that it would implement the Affirmative Action Plan, remedy a discriminatory demotion of James Carter, and remedy any remaining effects of a former dual pattern of student assignment. Plaintiff's Exhibit 11(a), Letter dated July 15, 1975, from OCR to Nelson. There is no evidence that OCR or any other federal or state agency has levelled any criticism at the school system relating to minority concerns or that the system is not completely eligible for ESAA funds since July, 1975.

On September 28, 1978, a group of black parents led by plaintiff's mother, Annie Miles, informed the Board of their concerns regarding the...