Burnett v. East Baton Rouge Parish School Board

99 So. 3d 54, 2011 La.App. 1 Cir. 1851, 2012 La. App. LEXIS 1118, 2012 WL 3846513
CourtLouisiana Court of Appeal
DecidedMay 3, 2012
DocketNo. 2011 CA 1851
StatusPublished
Cited by3 cases

This text of 99 So. 3d 54 (Burnett v. East Baton Rouge Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burnett v. East Baton Rouge Parish School Board, 99 So. 3d 54, 2011 La.App. 1 Cir. 1851, 2012 La. App. LEXIS 1118, 2012 WL 3846513 (La. Ct. App. 2012).

Opinion

HIGGINBOTHAM, J.

|2In this reverse-race discrimination case, plaintiff appeals the trial court’s judgment dismissing his federal and state law claims of discrimination, harassment, and retaliation in the workplace. For the reasons that follow, we affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Gary Burnett, a white male, is a long-time health/physical education (“P.E.”) teacher and football coach employed by defendant, East Baton Rouge Parish School Board (the “School Board”) since 1997. During the school years of 2001-2002 to 2005-2006, Burnett served as the athletic director and head football coach at Glen Oaks High School (“GOHS”) in Baton Rouge, Louisiana. GOHS is a school with a predominantly black student population. Coaching positions in East Baton Rouge Parish schools are assigned by the principal of each school. When Burnett became head football coach and athletic director at GOHS in 2001, the principal was a white female, Mildred Henry. In 2003, Henry retired, and a black male principal, Wilbert C. August, was assigned to GOHS.

August did not make any coaching or administrative changes when he began his position as principal at GOHS, but he did change Burnett’s teaching responsibilities [57]*57from P.E. classes to health classes.1 The change in teaching assignments was necessary due to dropping enrollment at GOHS, which affected the other P.E. teachers as well. After three football seasons with Burnett as head coach, August met with Burnett on November 18, 2005, and notified him that he was immediately removing Burnett from the head football coach position. At the same meeting, he gave Burnett an option to remain in the athletic director position until the end of the school year, with fifteen days to file a rebuttal.

| sAugust outlined several written reasons for his coaching removal decision in a confidential letter that he gave to Burnett when they met on November 18. The reasons primarily focused on job performance, meeting attendance, and discipline issues, as well as an unsuccessful football season and August’s perception that Burnett lacked the “leadership and drive” to take the athletic program to a higher level. Burnett did not respond in writing that he desired to remain as athletic director, although he verbally informed August the day after the meeting that he would finish the school year as athletic director. Nevertheless, in January 2006, August notified the School Board that effective January 23, 2006, Burnett would no longer be serving as athletic director or head football coach at GOHS. Burnett learned of his replacement in a January 21, 2006 newspaper article about GOHS football. August assigned two black males to fill the two positions vacated by Burnett: Herman R. Brister, Jr., who was the dean of students and an assistant football coach at GOHS, was selected as the head football coach, and Harvey Adger, a P.E. teacher and head coach of the boy’s basketball team at GOHS, was selected as the athletic director. Burnett’s teaching position at GOHS remained the same until he was transferred to Woodlawn High School in March 2007. Burnett is still employed by the School Board, teaching P.E. and serving as an assistant football and track coach at Woodlawn.

At the meeting where August informed Burnett that he was being removed as head football coach, Burnett told August, “We both know what this is about.” August responded that Burnett was “accusing me of being a racist.” To which Burnett replied, “No, ... I am accusing you of making a racist statement.” Burnett was referring to several allegedly threatening comments that August had purportedly made to the effect that white people/coaches did not understand black kids/athletes or their culture, that they did not know how to relate to or discipline black kids, and that he preferred to have a black coach for the black athletes. |4August denied making the alleged race-based comments, and he was offended that Burnett felt that race was an issue in the dismissal. August and his assistant principal, Pamela Newton Jennings, both acknowledged, however, that August had made periodic statements to all GOHS faculty stressing the importance of understanding the home life, culture, poverty, and background of the predominantly black student population that they served at GOHS. Further, August admitted that he had told parents that GOHS had two young assistant coaches, who were black, working with and relating to the kids, to be good examples for the kids.

Burnett never filed any formal racial discrimination complaint or grievance with the School Board expressly requesting an investigation, but he did mention his con[58]*58cerns to the parish athletic director, Ken Jenkins, and later to the School Board’s human resources department. The School Board did not formally investigate the situation, except to research the supplemental pay issues. It was not until after he was relieved of his coaching duties and his supplemental pay was cut in January 2006, instead of at the end of the school year, that Burnett complained in writing to the School Board. In a statement attached to an email sent to the School Board’s human resources department on March 22, 2006, Burnett complained about a pattern of discrimination and harassment that resulted in his removal as head football coach and athletic director at GOHS, and he requested that his supplemental pay for those two positions be retroactively restored and that he be transferred to another school.

On March 81, 2006, the School Board informed Burnett that his coaching supplement would be retroactively paid through March 5, 2006, which was the day before the new head coach, Brister, was scheduled to begin spring football practice. The School Board determined that Burnett’s athletic director supplemental pay properly ended when he no longer performed those duties, as of |5January 28, 2006. The School Board did not administratively transfer Burnett to another school at that point, because they saw no need to do so. However, the following school year, in March 2007, Burnett was transferred to Woodlawn High School after the Wood-lawn principal recommended the transfer, and Burnett completed the paperwork, following the School Board’s transfer procedure.

Burnett filed an EEOC charge against the School Board on April 20, 2006. He timely filed this lawsuit on February 28, 2007, after receiving his right-to-sue notice from the U.S. Department of Justice. In his lawsuit, Burnett sought damages for racial discrimination and harassment connected with his removal as head football coach and athletic director at GOHS, and for retaliation, because his pay supplements were stopped before the end of the school year and because he was denied a transfer in the spring of 2006 after he filed a charge of discrimination with the EEOC. The School Board denied all of Burnett’s allegations. A three-day bench trial was held on April 19-21, 2011, and on May 5, 2011, the trial court issued oral reasons for judgment, dismissing all of Burnett’s claims against the School Board. The trial court indicated that after considering the conflicting testimony of the witnesses and evaluating each witness’s credibility, the evidence failed to establish that August or the School Board had discriminated against or harassed Burnett on the basis of his race. The trial court also determined that the School Board did not illegally retaliate against Burnett for filing a charge of discrimination with the EEOC. A written judgment was signed on May 20, 2011.

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Bluebook (online)
99 So. 3d 54, 2011 La.App. 1 Cir. 1851, 2012 La. App. LEXIS 1118, 2012 WL 3846513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnett-v-east-baton-rouge-parish-school-board-lactapp-2012.