A white principal sues a white superintendent citing racial discrimination based on the superintendent's deferrence to complaints from black parents - in part fueled by his lack of deference to black parents who allegedly preferred a black principal from the start.?!
Apparently nobody was more surprised than Silberman. He told Raviya Ismail of the Herald-Leader yesterday, “I’m completely shocked that Ms. Petrilli is making these kinds of allegations...I think to try to turn that situation into a race issue is totally ridiculous.”
It would be great if some attorneys weighed in on this issue.
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The H-L story notes,
Petrilli was placed at the helm of the new school because she had raised test scores at Northern Elementary. She also was praised for raising scores at Booker T. Washington. In 2005, the Academy's academic index was 56.5 and the former Booker T. Washington's was 53.8 out of a total possible score of 140. In 2006, the merged school's index was 66.4.In 2006, 53% of Booker T Washington's 4th graders scored Proficient or Distinguished in reading. In 2007, that number grew to 69%.
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According to Petrilli's complaint: (The unedited complaint here, courtesy of the Herald-Leader)
- Petrilli is suing Superintendent Stu Silberman and Elementary Schools Director Carmen Coleman, in their individual capacities, and in their official capacities, along with the Fayette County Board of Education.
- Fayette County Circuit Court is the proper venue because it has subject matter jurisdiction, the acts alleged occured in Fayette County and the damages sought are in excess of $75,000.00.
Facts listed in the complaint include:
*Petrilli, Silberman and Coleman are properly before the court.
*Fayette County merged two of its poorly performing elementary schools into the Booker T. Washington Academy (BTWA) in 2005 and hired Peggy Petrilli, who was principal of the year in 2005, to be the principal to lead the school and increase test scores.
*Peggy Petrilli performed her job in a commendable manner by significantly increasing the school's test scores.
*Despite her efforts and success, Silberman and Coleman created an intolerable work environment for her; thereby constructively discharging her from her position as Principal of BTWA.
* Petrilli reported to Silberman and Coleman that a parent of one of the students at BTWA had engaged in conduct toward her that constituted abuse of a teacher as set forth in KRS 161.190.
* The Council parents described in Petrilli's complaint are all African-American.
* The site-based council and a group of predominantly African-American parents met with Silberman.
* Silberman and Coleman knew that the motivating cause behind the complaints were based on race; Petrilli is Caucasian and the disgruntled individuals had been told by Silberman that they would have input into the hiring of the BTWA principal who they wanted to be African-American.
* Silberman conducted a secret meeting with the BTWA site-based council and a group of parents; knowing they had engaged in conduct that violated KRS 161.190; in violation of KRS 160.345(9) (a), which prohibited Petrilli from being involved.* Silberman advised Petrilli that she could no longer be the Principal of BTWA and that she either had to resign or retire.
* Silberman's decision was based on race.
* Silberman called Petrilli at home on multiple occasions and demanded that she either retire or resign.
* Silberman again informed Petrilli that she would not be allowed to go back to her position and was instructed to resign or retire or else she would be suspended from her employment and an investigation would be started.
* Silberman's threats and intimidation, which were based on race, created a work environment that was intolerable and was thereby constructively discharged from her position as Principal of BTWA.
COUNT I
VIOLATION OF KRS 344.040 Race Discrimination
Count II
VIOLATION OF KRS 344.280 Retaliation
COUNT III
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
COUNT IV
VIOLATIONS OF §§ 1-3 OF THE KENTUCKY CONSTITUTION REGARDING DUE PROCESS VIOLATIONS, EQUAL PROTECTION VIOLATIONS, AND THE EXERCISE OF ABSOLUTE AND ARBITRARY POWER OVER THE PLAINTIFFS LIFE, LIBERTY AND PROPERTY
...by coercing and forcing Peggy Petrilli to resign; thereby resulting in conduct whereby the Defendants were able to avoid, disregard, and violate the laws of Kentucky that are designed to protect Peggy Petrilli and her due-process rights.COUNT V
ABUSE OF PROCESS
...by manufacturing evidence against her after the fact; threatened that if Peggy Petrilli did not voluntarily resign, the Defendants would take steps to terminate her
employment.
COUNT VI
CAUSATION
Petrilli has been caused to suffer and will suffer in the future the following damages:
(a) Past, present, and future mental and physical pain and suffering;
(b) Past, present, and future embarrassment, humiliation, and mortification;
(c) Back-pay, future lost wages and/or front-pay;
(d) A permanent impairment of her ability to earn money;
(e) Actual, consequential, incidental and foreseeable damages;
(f) Attorneys' fees, costs and expenses.COUNT VII
PUNITIVE DAMAGES
... conduct of the Defendants was malicious, willful, wanton, reckless and grossly negligent that the Plaintiff, Peggy Petrilli, is entitled to an award of punitive damages.Petrilli asks for a judgment against the Defendants, a trial by jury; that she be awarded damages including attorneys' fees.
7 comments:
On Saturday, August 25, you blogged that 'In a stunning development, it was confirmed by Fayette County officials Friday that Peggy Petrilli would be leaving Booker T. Washington Academy two weeks into the third year of her reformation project." That means the deal was done on August 24th: done enough to be fully reported.
The complaint says Silberman called Petrelli on Sunday, August 26, demanding that she retire or resign, and that they discussed the issue again on August 27.
The two don't match well.
Point taken. But I believe the actual language of the complaint is "on or about."
It is no secret among any of the teachers in Fayette County that we are being asked to cross the line in the name of test scores everyday. I am sure that as this lawsuit moves forward, it is going to illustrate the pressures being put on principals, teachers, and students to get test scores higher.
It would be instructive to hear more particulars on how these pressures are being translated to teachers.
I'm so glad that the truth about everything that has happened if finally going to come out. It has been so disheartening to watch all of the hard work that not only Petrilli did, but the teachers, support staff, and the STUDENTS at Booker T. Washington Academy put their hearts and souls into be brushed under the carpet. When the school took their science scores from "on or about" an 82 to "on or about" a 122 in one year (around a 70 point gain in the two years Petrilli was there), was there so much as a glimmer of this visited by Silberman or given to the press? How about all of the other 15, 20, and close to 30 point gains in other subject areas? No...because apparently the test scores were fabricated. As one parent who was right at the center of all of this mess said, "She must have cheated on those tests. There's no way these students could perform that well." That's supportive for ya. I'm happy that these hard working people are finally going to get some justice.
Yes, when all finally comes out everyone will find out that Petrilli was cheating!!! As parents we saw it and reported it and the investigation will show we were right. Even Gillespie would kick Patterson off the team if he did what Petrilli did.
It's funny that this was made a racial issue by Ms. Petrilli. The parents of the school have done nothing but go out of our way to work with the principal from day one, we had numerous meetings with Petrilli and the staff over the years that she has been our principal and was always told that by her that she would do this, that and the other. To no avail, these things were never done, addressed or taken care of. The school hasn't had a CSIP, discipline plan, etc. since it's inception and we have been lied to about things that were going to be done on a regular basis. We as parents felt that our children have been served an injustice. Cheating on test scores, money mishandled and not being used for our children....these children have lost years of education that they will/can never get back. The staff at BTWA only saw test scores and extra money in their pockets and our children are paying for it. If anything our children have been discriminated against for being minorities (black and hispanic) and for attending an inner city school. Black or white we wanted a principal use to dealing with minorities and their life situations and tapping into their potential instead they were exploited and if nothing was done they were the ones who lost (we've seen this in the past with children who have graduated high school and couldn't read). Someone had to take control of our children's futures and the worst part is that many parents don't know what's going on because they aren't involved so are in the dark. Whomever the new principal is we would like them to have experience dealing with minorities and the issues that our children deal with on an everyday basis. A principal that refects the diversity of the school would be great but is not necessary to make our school a great school! The staff needs to look into their hearts, they know that what they were asked to do was unethical. How would you feel if it was your child at this school or your siblings or nieces or nephews! Pray on that!!!!
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