Pittman v. Cuyahoga Valley Career Center

• Decision Date: 25 August 2006
• Docket Number: No. 1:05 CV 0520.,1:05 CV 0520.
• Citation: 451 F.Supp.2d 905
• Parties: Ricky L. PITTMAN, Plaintiff, v. CUYAHOGA VALLEY CAREER CENTER, et al., Defendants.
• Court: U.S. District Court — Northern District of Ohio

Page 905

451 F.Supp.2d 905

Ricky L. PITTMAN, Plaintiff, v. CUYAHOGA VALLEY CAREER CENTER, et al., Defendants.

No. 1:05 CV 0520.

United States District Court, N.D. Ohio, Eastern Division.

August 25, 2006.

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Ricky L. Pittman, Cleveland, OH, pro \ se.

James O'Connor, Jr., Reminger & Reminger, Cleveland, OH, for Defendants.

ORDER

O'MALLEY, District Judge.

This case involves, inter alia, claims of race discrimination filed against an employer and certain members of its administrative staff. Jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 1343, 2201 and 2202.¹

Plaintiff Ricky L. Pittman (Pittman) brings suit against Cuyahoga Valley Career Center (CVCC), its Principal, Richard Rybak (Principal Rybak), and its Superintendent, Roscoe Schlachter (Superintendent Schlachter)(collectively, Defendants). Pittman's Complaint asserts four causes of action stemming from Pittman's employment at CVCC.

Count I of the Complaint alleges race discrimination under federal law. Count II' of the Complaint alleges race discrimination in violation of Ohio state law. Count III of the Complaint alleges wrongful termination in breach of an employment contract. Finally, Count IV of the Complaint alleges the individual defendants, Superintendent Schlachter and Principal Rybak, were acting as state officials when they conspired to suppress Pittman's right to free speech. Pittman seeks monetary damages and reinstatement to a position of active employment.²

Pending before the Court is Defendants' Motion for Summary Judgment (Doc. No 9). For the reasons set forth below, Defendants' Motion is GRANTED.

Background

The following facts are not in dispute. CVCC is an Ohio Public School District that provides high school vocational education to its students. The Board of Education for CVCC consists of nine members selected from the communities CVCC serves. Principal Rybak and Superintendent Schlachter have worked in an administrative capacity for CVCC since 2000 and 2001, respectively.

Prior to the start of each school year, employees of CVCC are invited to an "Opening Day In-Service Session" at CVCC. New faculty members are made aware of the Faculty Handbook, which contains the various school rules and regulations as adopted by the Board of Education. Employees are also provided with a copy of CVCC's anti-harassment policies and reporting procedures.

Pittman is an African-American male who was a substitute teacher with CVCC for three years. Pittman's immediate supervisor was Assistant Principal Huml. As a CVCC employee, Pittman was aware of the school's Faculty Handbook—including the fact that CVCC had policies and procedures for the reporting of harassment, and that CVCC had rules regarding the early dismissal of students. Pittman concedes he reviewed and understood the policies and rules contained in the Handbook, including: (1) a faculty member may report incidences of harassment to any member of the administration; (2) teachers are prohibited from dismissing students early without prior approval from the administration; and, (3) teachers are to be in their assigned areas at all times unless previously excused by the administration.

During his first year at CVCC, Pittman served as an "on-call" substitute teacher and would report for work only as needed. In his second two years, Pittman served as a "full-time building" substitute teacher and was required to be physically present at the school every day.³ The only other full-time building substitute teacher at CVCC during this time was a Caucasian female, Fran Galletti, who had been a substitute teacher with CVCC for ten years as of 2003.

Pittman was given a one year, non-renewable substitute teacher contract for each of the two years Pittman was employed as a full-time building substitute teacher. He was also given a one year, non-renewable teacher contract for each of those two years. In order for his teacher contract to take effect, however, Pittman had to first work 60 actual days as a substitute teacher. For the time period represented by the 2003-2004 school year, Pittman was required to fulfill the 60 actual days requirement between August 21, 2003 and November 13, 2003. If the requirement was met during that time period, Pittman's one year teacher contract would then be effective from November 14, 2003 through June 30, 2004.

Under the terms of his teaching contract, Pittman could be assigned to other areas of responsibility as directed by the Superintendent and in accordance with Pittman's certification and/or qualifications. These responsibilities typically included parking lot supervision, and hall or lunch duties.

In early September 2003, Pittman drafted a memo to Superintendent Schlachter suggesting CVCC adopt new parking lot procedures to allow for the early dismissal of certain students to prevent congestion in the parking lot. Pittman drafted the memo in response to hearing about accidents that had occurred in the parking lot the prior year. Pittman's suggestion was not adopted as policy by CVCC's Board of Education.

Sometime thereafter, and on several occasions between September and October 2003, Pittman was observed by Principal Rybak dismissing his classes early without prior approval from the administration. Pittman was also allowing his students to leave five minutes early on days Pittman was assigned to parking lot duties. The number of times and reasons for the early dismissals between September and October 2003 are in dispute; however, it is not disputed that Pittman would allow his students to leave early in order for Pittman to cover his parking lot duties.⁴

The record indicates Pittman was verbally reprimanded on several occasions, and was also formally put on notice of Principal Rybak's expectations with respect to the early dismissal of students and coverage of a teacher's assigned areas.⁵ The notice was sent by letter to Pittman on October 16, 2003 as a result of an early dismissal that day. Pittman's response to the October 16, 2003 letter was handwritten in the margins of the letter. Pittman wrote "the only times students have been dismissed early is to cover my parking lot duty or in an adjusted schedule."

Pittman also had trouble with some of the teachers at CVCC. In or around October 2003, Pittman had a confrontation in the parking lot with Fran Galletti, the other full-time building substitute teacher. As they were walking back into the building from their parking lot duties, Pittman asked Ms. Galletti why she had complained to the administration about Pittman being on the phone in their office. Ms. Galletti responded that Pittman was not supposed to be on the phone, and Pittman explained his reasons for doing so. Pittman ended the conversation by stating to Ms. Galletti "well, that is why you are divorced." Other members of the teaching staff were present in the parking lot to hear the statement made by Pittman.

A final incident occurred on October 17, 2003. Certain students at CVCC were required to take special testing that day in a conference room. Pittman was aware of the testing, and of the fact that the class he was supervising was to report to the conference room and be ready for testing by 8:10 that morning. Between 8:00 and 8:01 a.m., Principal Rybak made an announcement instructing teachers to begin reporting to the conference room with their students because the doors would close promptly at 8:10 a.m. At or around 8:08 a.m., Principal Rybak noticed that Pittman and his students were missing. At 8:09 a.m., Pittman's students were not seated in the conference room, but were just starting to walk into the testing area.

Apparently, a heated discussion then followed between Pittman and Principal Rybak in front of Pittman's students. Principal Rybak asked if Pittman had heard the announcement that students were to be ready to take the exam at 8:10 a.m., and not walking into the classroom. Pittman responded by disputing Principal Rybak's observation that his students were late. Pittman directed his students—in front of the faculty and other students—to look at the clock and confirm they were not late.

After Pittman and Principal Rybak argued over whether Pittman's students were late, Principal Rybak instructed Pittman to follow his students into the conference room and to monitor them during the exam. Pittman did not follow this instruction, however, choosing instead to walk away. He stated he was going to talk to Assistant Principal Huml. Pittman did not ensure someone was supervising his students in his absence.

After Pittman walked away, Principal Rybak returned to his office where Pittman approached him. Principal Rybak again told Pittman he should be monitoring his students in the testing area, whereupon Pittman essentially stated—within earshot of other faculty and students—that if Principal Rybak "would do his job as Principal" then Pittman could better do his job. Pittman then proceeded to the testing area.

Later that day, Principal Rybak once again was approached by Pittman—this time in the parking lot. After some comments by Principal Rybak that Pittman should re-evaluate his position at CVCC, Principal Rybak advised Pittman he would be recommending Pittman's suspension, with pay, for insubordination. Principal Rybak did not give a specific reason for the recommendation, but Pittman assumed it was related to the incident earlier that day. Pittman then left CVCC for the day without prior approval for early leave.

Principal Rybak memorialized the October 17, 2003 events with a letter to Pittman reprimanding him for insubordination and recommending to Superintendent Schlachter that Pittman be suspended, with pay, for this reason. Principal Rybak explained in his letter that he found it inappropriate for Pittman to question his abilities in public. Principal Rybak gave no reason for his recommendation other than insubordination.

Pittman also...