Discrimination allegations denie

Discrimination allegations denied
Hamilton attorney: Client was asked to step down so football coach could be hired

By CANDY BROOKS

ThisWeek Staff Writer

Published: July 17, 2008
Edition: Worthington
Section: News
Page: 01A

Former Thomas Worthington dean Marilyn Hamilton is accusing the school district of age, race, and gender discrimination, as well as retaliating against her for suing the district in the past, according to a complaint received by the district's attorneys. Those complaints are spelled out in a document presented to attorneys two weeks ago by a lawyer representing Hamilton, who last spring was asked to step down as dean to take a teaching position.

Hamilton, 58, who is African-American, has worked at the high school for 19 years. In 1997, she successfully sued the district for racial discrimination.

In the recent complaint, she alleges that she was removed from the dean's position so that principal Jim Gaskill could hire Scott Gordon, the varsity football coach.

Until he was hired to fill the dean's position last month, Gordon taught at Whitehall-Yearling High School, but coached at Thomas Worthington.

In a letter accompanying a copy of the complaint, Nicholas Pittner, attorney with Bricker & Eckler, which represents the schools, denied all of the allegations.

"It (the Worthington Board of Education) has not discriminated against Ms. Hamilton either based upon age, race, gender, or any other protected characteristics," Pittner wrote. "The Board has not retaliated against her based on her prior litigation against the school district nor have the actions involving Ms. Hamilton been based on any attempt to inflict emotional distress or to violate public policy."

Hamilton is charging that the defendants caused and are liable for emotional distress.

The complaint requests a judgment for compensatory damages greater than $25,000, punitive damages greater than $25,000, attorney's fees and other costs.

The complaint has not been filed in court.

Hamilton declined to discuss the allegations. Her attorney, Pat Kasson, was out of town and not available for comment.

Last spring, Gaskill asked Hamilton to take another position in the district after she informed him that she intended to retire at the end of the 2008-09 school year. She was offered a position as a reading teacher at an elementary school or a special education teacher at Thomas Worthington.

Before being named dean four years ago, Hamilton taught reading at Thomas Worthington.

According to school spokesperson Vicki Gnezda, Hamilton has accepted the special education teaching position for next year.

Gaskill, who took over as principal a year ago, told ThisWeek that his intention was to build his own long-term administrative team at the school.

That may be the crux of the issue.

The complaint points out that both Gaskill and Gordon are younger, white males, and that Gordon has no administrative experience.

"Defendants demoted Plaintiff expressly to form a younger team of administrators," the complaint states.

Pittner denied the complaint's statement that Hamilton was demoted so her position could be filled by the football coach.

"Mr. Gordon was selected after an extensive interview process," the attorney stated.

In an interview in May, Gaskill agreed with the statement that Hamilton's job performance was not an issue. He also denied any kind of bias.

Pittner said in his letter to ThisWeek that Hamilton was not demoted at all, but retains all of the salary and benefits that she received in previous years.

The complaint also alleges that the schools "willfully and maliciously demoted (Hamilton) in retaliation for the lawsuit she previously filed in 1997."

In that suit, she contended that she had been subjected to racial slurs, harassment, and hate mail throughout most of her 11 years at the school. She claimed that administrators failed to take her complaints seriously.

She was awarded a $75,000 settlement in 2000.