Woods v. Enlarged City School Dist. of Newburgh
Decision Date | 07 February 2007 |
Docket Number | No. 04 Civ 9106(WCC).,04 Civ 9106(WCC). |
Citation | 473 F.Supp.2d 498 |
Parties | Denise WOODS, Plaintiff, v. ENLARGED CITY SCHOOL DISTRICT OF NEWBURGH and Dr. Richard Nicholas Johns, sued in his individual capacity, Defendants. |
Court | U.S. District Court — Southern District of New York |
Law Offices of Michael H. Sussman, of Counsel, Michael H. Sussman, Esq., Goshen, NY, for Plaintiff.
Rutherford & Christie, LLP, of Counsel, John S. Diaconis, Esq., Lewis R. Silverman, Esq., New York, NY, for Defendants.
Plaintiff Denise Woods, an African American woman, brings this action, pursuant to 42 U.S.C. § 1981a, 42 U.S.C. § 1983, Title VII of the Civil Rights Act of 1964 42 U.S.C. § 2000e, et. seq. ("Title VII") and Article 15 of the New. York Human Rights Law § 296 (the "New York Human Rights Law"), against defendants Enlarged City School District of Newburgh (the "District") and the District's Superintendent Dr. Richard Nicholas Johns ("Johns") (collectively, "defendants").1 Plaintiff alleges that defendants: (1) subjected her to a racially hostile working environment in violation of Title VII; (2) terminated her employment on the basis of her race in violation of Title VII; and (3) retaliated against her, in violation of Title VII and the First Amendment to the United States Constitution, for plaintiff's and her husband's statements to Johns that District personnel were racially discriminating against her. Defendants move for summary judgment on all counts. For the reasons that follow, defendants' motion is granted.
Viewed in the light most favorable to plaintiff,2 the record reveals the following relevant facts.3 On August 30, 2000, the District hired plaintiff as a Program Specialist at Gardnertown Fundamental Magnet School ("Gardnertown"), an elementary school consisting of kindergarten through sixth grade. (See Defs. Rule 56.1 Stmt. ¶ 2; Pl. Rule 56.1 Stmt. ¶ 2.) The Principal of Gardnertown, Steven Runberg, a Caucasian male, recommended plaintiff for the position, which was a probationary appointment for two years. (See id.) The position of Program Specialist was categorized as a teacher's position and not at the administrative level. (See Diaconis Decl., Ex. T (Pl. Dep. at 24-25); Diaconis Decl., Ex. F. (Henderson Dep. at 90).)
Plaintiff alleges that, at the onset of her employment, several District employees immediately made her feel uncomfortable and unwelcomed. For example, after she accepted the position of Program Specialist, Runberg introduced plaintiff and her family to his secretary, Pat Crosetta ("Crosetta"), who, according to plaintiff, did not acknowledge their presence. (See Complt. ¶ 8.) Similarly, plaintiff asserts that when Runberg introduced plaintiff and her family to two teachers, "[b]oth of the teachers acted as if [she] and her family were invisible. . . ." (See id. ¶ 9.) Although plaintiff claims that Runberg failed to take corrective action with respect to either incident, plaintiff at that time did not inform Runberg of the hostility that she perceived during these introductions. (See id. ¶ 10.)
The remainder of plaintiffs allegations almost exclusively involve three Caucasian teachers, Linda Apuzzo ("Apuzzo"), Eve Gordon ("Gordon") and Robin Phillips ("Phillips"),4 whom plaintiff and her counsel refer to as the "clique" throughout plaintiffs submissions to the Court. Plaintiff claims that these women persistently harassed her or acted disrespectful towards her. (See generally Complt; Pl. Affm. ¶ 3.) For example, plaintiff alleges that, in September 2000, when Runberg first introduced her to the entire staff as the new Program Specialist, they did not clap along with the remainder of the staff in attendance. (See id. ¶ 14.) Plaintiff asserts that they stared at her "with looks of disgust on their faces." (See id.) Shortly thereafter, Apuzzo, Gordon and Phillips went to plaintiffs office and one of them indicated that plaintiff "didn't know what she was in for, for taking the job." (See id. ¶ 15.) Gordon also stated that (See id. ¶ 16.) On other occasions, according to plaintiff, "[t]hey would come to [her] office or confront her in the hallway and ask her a question[, and w]hile [she was] in the middle of responding to their inquiry[,] they would say forget it or you probably don't know anyway, I'll just go ask Principal Runberg[.]" (See id. ¶ 18.)
(On July 25, 2001, on Runberg's recommendation, the District appointed plaintiff as Assistant Principal of Gardnertown, an administrative position, for a three-year probationary period ending on August 15, 2004. Plaintiff was promoted in accordance with a District directive mandating that all Program Specialists be reclassified as Assistant Principals. (See Pl. Rule 56.1 Stmt. ¶ 3; PL Affm. ¶ 2.) As Assistant Principal, plaintiff reported directly to Runberg who in turn reported to the District's administrators, including Assistant Superintendents Olivia Henderson ("Henderson") and Dr. James Dupree ("Dupree"), both of whom are African American. (See Diaconis Reply Decl., Ex. A (Johns Dep. at 36); Pl. Affm. ¶ 3; Defs. Reply Mem. Supp. Summ. J. at 2.)
Plaintiff alleges that upon her promotion to Assistant Principal, Apuzzo, Gordon and Phillips continued to treat her with disrespect. (See generally Complt. ¶¶ 24-180; see also Diaconis Decl., Ex. D (Runberg Dep. at 102); Sussman Affm., Ex. 11 (L. Woods Dep. at 62).) For example, in October 2001, according to plaintiff, Phillips accused plaintiff of poor judgment in the presence of a parent. (See Complt. ¶ 31.) Plaintiff reported this to Runberg, but he failed to take any disciplinary action against Phillips and instead "interrogated [plaintiff] as if she was the problem." (See id. ¶ 32.) A month later, while at a staff meeting, Phillips openly criticized a joint decision made by plaintiff and Runberg by shouting, "I don't believe this." (See id. ¶ 35.) According to plaintiff, Runberg again failed to reprimand Phillips or otherwise indicate that her behavior was unprofessional. (See id.)
Plaintiff also alleges that, in December 2001, she entered Gordon's classroom to conduct a teacher observation, and Gordon informed her in a nasty manner, "You're not observing me[,] Mr. Runberg is!" (See id.) Plaintiff alleges that when she approached Runberg regarding this incident, he responded, "You don't want to mess with the union, I'm doing this for your own good!" (See id. ¶ 45.) According to plaintiff, this demonstrated Runberg's lack of respect for plaintiff and his proclivity to support the teachers rather than her. (See id. ¶ 46.)
Indeed, plaintiff alleges that Runberg repeatedly sided with the teachers and failed to support her. (See generally Complt.; see PL Affm. ¶ 3; Pl. Mem. Opp. Summ. J. at 2.) For example, plaintiff asserts that, at a meeting in August 2001, Phillips expressed strong opposition to the District's directive to reclassify Program Specialists as Assistant Principals which caused plaintiff to feel "personally and professionally attacked." (See Complt. ¶¶ 26-27.) Plaintiff alleges that Runberg did not defend the District's position, thereby condoning Phillips's "disrespectful" behavior towards plaintiff.5 (See id. ¶ 26.) In addition, upon her promotion to Assistant Principal, plaintiff sent Runberg a memorandum regarding the reassignment of her duties, but, according to plaintiff, he never considered it and "made the teachers aware of that." Plaintiff asserts that Runberg thereby failed to "affirm her as a part of his team working toward the good of the school and the students." (See Complt. ¶ 24.)
In November 2001, plaintiff had a dispute with Phillips that ultimately led Runberg to convene a meeting between the two in an effort to improve their working relationship. (See Sussman Affm., Ex. 1 (Pl. Dep. at 48).) While the events leading up to the meeting are a bit unclear as a result of the inadequacies of the parties' submissions and the witnesses' lack of recollection of the incident, plaintiff submits that Phillips openly criticized plaintiffs handling of an incident on a school bus and threatened to notify the NTA of the situation. Plaintiff alleges that Runberg was present when this occurred but failed to offer her any support.
Subsequently, plaintiff went to Phillips's classroom and confronted her, stating, (See Sussman Affm., Ex. 1 (Pl. Dep. at 50-51).) Phillips thereafter requested a meeting with Runberg regarding the manner in which plaintiff confronted her.6 (See id. (Pl. Dep. at 51).) After Runberg informed plaintiff of Phillips's request for a meeting, plaintiff sent Runberg a letter, with a carbon copy to Phillips, requesting that Runberg inform her of the purpose of the meeting and the parties who were expected to attend. (See Diaconis Decl., Ex. C.) Plaintiff requested that the administrative union delegate attend the meeting, but he was unavailable and plaintiff therefore attended the meeting without union representation. (See Complt. ¶¶ 39-40.) The meeting was attended by plaintiff, Phillips, Runberg and Gordon (in her capacity as the teachers' union delegate). (See id. ¶ 40.) Although plaintiff claims that "Runberg offered [her] no support [at the meeting] and allowed the clique of teachers to viciously attack...
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