Ok, I'm stumped. Mayor De Blasio and Chancellor Carmen Farina appoint a person to oversee the State and Federal policies that she was found guilty of violating by a jury in federal court?
I think we are owed a detailed explanation of this one. Please describe your reasons, Carmen and Bill!
Oct, 09 2014
|Judge Jack Weinstein|
Weinstein said case law on discrimination was overlooked, and he cited cases not mentioned by either party.
He had granted a motion for summary judgment on Oct. 2 in favor of Gure-Perez and the New York City Department of Education in Villavicencio v. Gure-Perez, 14-CV-0889.
He made that decision on the basis of Leibovitz v. N.Y.C. Transit Authority, 252 F.3d 179 (2d Cir. 2001), where the U.S. Court of Appeals for the Second Circuit said a plaintiff had no cause of action for discrimination that she did not observe herself.
But Weinstein reversed course on Wednesday, issuing an order and withdrawal of dismissal, saying that a line of U.S. Supreme Court and Second Circuit cases shows that a 42 U.S.C. ?1981 cause of action could be pursued against a superior where an employee suffers retaliation for trying to prevent discrimination by that superior.
Villavicencio worked as an assistant principal on probationary status from 2008 to 2009 at P.S. 316, where Gure-Perez allegedly told her to "aggressively supervise" older staff members--all but one of whom was African-American--to "shake them up."
Gure-Perez allegedly instructed Villavicencio to focus on two employees, give them "unsatisfactory" ratings and use "fear" and "intimidation" against a third teacher she wanted forced into retirement.
Villavicencio refused, and in her complaint, she charged that once Gure-Perez realized she would not take part in "her plan to use trumped-up write-ups, fraudulent evaluations and false pretenses to get rid of older African American staff at P.S. 316," Gure-Perez created "a false paper trail" to get rid of Villavicencio.
Gure-Perez placed seven disciplinary letters in her file on a single day on March 17, 2009. Nine days later, Villavicencio received her first unsatisfactory rating of her career along with a notice of discontinuance of her probationary status.
When she was reassigned to another school, P.S. 161, the principal, who was a friend of Gure-Perez's, allegedly gave her a hard time and threatened disciplinary action. Villavicencio was advised by a United Federation of Teachers representative to leave the school because the principal and her friends "are after you." She went on medical leave for anxiety and depression.
Weinstein said that neither side in the summary judgment phase of the case cited any cases that he said favored Villavicencio. Among them are Thompson v. N. Am. Stainless, LP, 131 S.Ct. 863 (2011) where the Supreme Court said third-party reprisals are not categorically excluded from the anti-retaliation provisions of Title VII, and CBOCS W., Inc. v. Humphries, 553 U.S. 442, where the court said a ?1981 claim can be made where a person suffers retaliation for trying to help a person who was the target of discrimination.
The Supreme Court also said in Sullivan v. Little Hunting Park, Inc. 396 U.S. 229 (1969), that a person can sue under the Civil Rights Act if he or she could show they were "punished for trying to vindicate the rights of minorities." And the Second Circuit held in Albert v. Carovano, 851 F.2d 561 (2d Cir. 1988) that "non-minority plaintiffs may bring an action under ?1981 against one who retaliated against them because they did not engage in purposeful discrimination."
Weinstein said that these cases and more "provide grounds for distinguishing the decision in Leibowitz" which was his basis for granting the motion for summary judgment.
In an interview Thursday, Weinstein said that after issuing the decision, "we thought about it and did further research" on the matter that led to the withdrawal of dismissal.
He set Oct. 23 for reargument.
Assistant Corporation Counsel Leah Schmelzer argued for the Department of Education.
Kenechukwu Okoli represents Villavicencio.
Okoli said Thursday he had argued that Liebovitz did not apply and the judge had to look at the totality of the circumstances in deciding retaliation. He said he did not cite the cases, but argued nonetheless that a person who refused to participate in discrimination can state a case of retaliation.
"I'm happy that the judge took the time to take a second look at the case," he said.
– Present (8 months)
– Present (13 years)New York, New York
Design and deliver graduate level courses regarding study of approaches, methods, and techniques used in teaching language skills and developing cross-cultural understandings to second/foreign language learners at the elementary and secondary levels. The emphasis of the courses include curriculum development, language development through development stages and content areas, language testing, lesson planning, and micro-teaching.
– (2 years)new york, new york
Lead cross-functional initiatives including NYC Principal Performance Evaluations, School Quality Reviews and Formative Quality Reviews. Manage professional development design and facilitation for quality reviewers and principal performance evaluators.
– (1 year 1 month)New York, NY
Lead design, implementation and delivery of Quality Review (QR) trainings for NYC Quality Reviews. Implement and deliver QR orientations for principals across networks. Oversee field support and quality assurance for QR process and reports. Facilitate professional development for quality reviewers. Oversee and guide each QR to ensure that they are adequately staffed and supported, resulting in high quality feedback to schools for continued school improvement.
– (3 years)
Lead and foster a culture of improvement through personal leadership. Utilize multiple sources of data to set high learning goals and increase student achievement. Leverage deep knowledge of curriculum, instruction and assessment to improve student learning. Develop staff, share school leadership and build strong school community. School received and sustained a score of A on the NYC Progress Report Card and Good Standing on the NYS School Report Card.
– (2 years)
Implement accountability measures and instructional systems designed to assist schools in improving student achievement. Assist principals in capturing and disseminating best practices around school improvement. Design and present school and network level trainings on the use of diagnostic and formative assessment tools. Conduct and facilitate instructional rounds for quality review assistance. Support principal in formulating and achieving performance review targets as well as facilitate collaborative action research projects.
– (1 year)Region 7
Design and implement curriculum and professional development, federal, state and city compliance monitoring and supervision systems as well as instructional support for teachers, administrators and parents of English Language Learners in NYC Department of Education schools.
– (2 years)Region 7
Manage the implementation and evaluation of system-wide discretionary federal grants projects including the design, implementation and coordination of a teacher training curriculum for a co-sponsored Master’s Degree Program for pre and in-service teachers as well as supplemental educational programs for immigrant students and families in NYC schools.
, January 11, 2015