Schools
District aims for dismissal in racial discrimination suit
* A former Kilbourne High School teacher claims she was treated unfairly in her 16-year tenure.
By PAMELA WILLIS
Published: Tuesday, August 26, 2008 6:20 PM EDT
A racial discrimination lawsuit against the Worthington City School District has been on the back burner since March, but no court date has been scheduled and district attorneys hope the suit will be dismissed.

The lawsuit was filed by former Worthington Kilbourne High School teacher Kathleen Sharp, who stated in her complaint, filed by lawyer William J. O'Malley, that she is black and "was discriminated against on the basis of race throughout much of the time she taught for the school district."

More recently, former Thomas Worthington High School Dean Marilyn Hamilton, who also is black, lodged a "discrimination" complaint against the district in July after she was asked to step down from the dean's position by new Principal Jim Gaskill.

Hamilton successfully sued the district for racial discrimination in 1997, receiving a $75,000 settlement in 2000, claiming she had been subjected to racial harassment during her 11 years at the school and that administrators did not take her complaints seriously.

Hamilton still works for the district as a special education teacher.

Sharp was hired in 1992 as an English and speech teacher. She taught until early this year, "when she was involuntarily terminated," according to the complaint.

The complaint states the school district has "historically hired a shockingly low number of African-American teachers.

"Throughout Dr. Sharp's tenure, the school has had more than 100 teachers," states the complaint. "Of the 100-plus teachers, only two or three were African-American. Presently, there is only one African-American teacher at the school."

The complaint also lists "racial incidents" that include racially harassing phone calls in 1992 to her home, "which were obviously from a student."

Sharp claims the principal of the school told her there was nothing the district could do, since the harassment was outside the school. She said she contacted the police and they eventually identified the harasser as one of her English students. Sharp said the principal intervened on behalf of the student and asked Sharp to drop prosecution against the student.

In 2001, Sharp filed a charge of racial discrimination against the district after she was passed over for the position of English department head. The complaint states "she had the highest level of education and significant tenure in the English department" at the time.

In March 2007, the complaint states, Sharp was given a two-day suspension for "stating her opinion that an article in the student newspaper was inappropriate and offensive to African-Americans."

The next month, Sharp was placed on leave so the school district could "investigate an allegation of her allegedly engaging in conduct unbecoming to a teacher. Specifically, she was accused of grabbing a food service worker's arm and speaking loudly to an employee," states the complaint.

The complaint claims a white district teacher smacked a black student in the face in 2004, and although the incident was reported to Franklin County Children Services, the teacher was not suspended.

The complaint goes on to say the district sent Sharp to a "district-chosen" psychologist for examination, who determined she was not fit for duty as a public school teacher.

The district and Sharp reached a settlement, in which she would "cease active teaching" but would be paid her regular salary through Oct. 31, plus a lump sum payout, while remaining available for special assignments.

The complaint states the school district assigned Sharp to work as a tutor for special-needs students at the Worthington Children's Home, where she worked only two days after "she realized she could not help these children."

O'Malley said the suit was filed because the school district did not honor the terms of its agreement, which was to continue Sharp's salary and pay the final lump-sum payment.

In the lawsuit, Sharp demands "back pay, reinstatement or front pay, $300,000 in compensatory damages, $300,000 in punitive damages, interest, attorney's fees and costs."

John Albert, a lawyer with Crabbe, Brown & James, who is representing the district in the lawsuit, said the termination settlement between the district and Sharp "required (Sharp) to perform duties when she was assigned them, but she decided not to do them.

"It's early in the case and discovery is just beginning, but I will probably file a motion to dismiss the complaint in the next 10 days," he said.

The school district's answer to the complaint denies racial discrimination and calls the food service incident "a physical assault on a food service worker."

The answer states the suit should "be dismissed with prejudice and that (Sharp) be ordered to pay all costs and attorney fees."




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