Castro v. School Board

903 F. Supp. 2d 1290, 2012 WL 5193421, 2012 U.S. Dist. LEXIS 150747
CourtDistrict Court, M.D. Florida
DecidedOctober 19, 2012
DocketCase No. 8:11-cv-1908-T-24TGW
StatusPublished
Cited by13 cases

This text of 903 F. Supp. 2d 1290 (Castro v. School Board) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Castro v. School Board, 903 F. Supp. 2d 1290, 2012 WL 5193421, 2012 U.S. Dist. LEXIS 150747 (M.D. Fla. 2012).

Opinion

ORDER

SUSAN C. BUCKLEW, District Judge.

This cause comes before the Court on a motion for summary judgment filed by Defendant The School Board of Manatee County, Florida (“School Board”), Plaintiff Valentino Castro’s response in opposition to the motion, and the School Board’s reply. (Dkts. 23, 29, 38.) Castro, a school psychologist formerly employed by the School Board, alleges that the School Board terminated his employment because of his age, in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (“ADEA”), and the Florida Civil Rights Act, Fla. Stat. § 760.01, et seq. (“FCRA”). He also alleges that the School Board terminated his employment in retaliation for filing complaints against the School Board, in violation of the Florida Public Sector Whistle-blower Act, Fla. Stat. § 112.3187 (“FWA”). As explained below, the undisputed evidence shows that Castro cannot prevail on his claims as a matter of law, and therefore, the School Board’s motion must be granted.

I. Background and Facts

The following material facts are undisputed in the record: In January of 2003, Castro was hired by the School Board as a school psychologist. Castro was interviewed by Patricia Bernhart, Supervisor of Student Services, who hired him for the position. He was 52 years old at the time he was hired. Castro was employed under an annual contract. His duties included providing district-wide bilingual consultation and school-based psychological services to schools within the district.

[1295]*1295A. Castro’s Work Performance

Throughout the course of Castro’s employment, Bernhart received complaints from parents, principals, teachers, and district staff concerning Castro’s performance, communication skills, and behavior in the work place. As a result, Bernhart counseled Castro, and issued him warnings.

On March 4, 2003, Castro received an annual evaluation. In this evaluation, Bernhart warned Castro about concerns regarding his clinical language and communication style.

On March 19, 2004, Principal Doug De-Grunchy at Palma Sola Elementary complained to Bernhart about a comment that was made by Castro. Principal De-Grunchy addressed his concerns directly with Castro.

On April 14, 2004, Bernhart discussed with Castro complaints that she had received from several schools regarding his psychological evaluations and statements he made.

On November 9, 2004, a parent complained about a medical diagnosis that was rendered by Castro. Bernhart addressed the complaint with Castro.

On March 23, 2005, Castro received an annual evaluation. In this evaluation, Bernhart instructed Castro to work on making his written reports more “user friendly” for school staff and parents by explaining clinical language, terms, and concepts.

On June 3, 2006, Bernhart had a conference with Castro to discuss various concerns about his job performance. Before this meeting, Bernhart informed Darcy Hopko, Executive Director for Human Resources, that she was considering not renewing his annual contract. During her meeting, Bernhart addressed two specific incidents that occurred at Samoset Elementary and Miller Elementary. She emphasized that, as a county-wide bilingual evaluator, it was essential for Castro to be able to readily integrate himself into unfamiliar settings, communicate effectively (both verbally and in writing), establish trust with school staff, and maintain credibility with other psychologists.

On May 24, 2007, Castro received an annual evaluation. In this evaluation, Bernhart mentioned that she had some concerns about Castro causing women to feel uncomfortable. Specifically, Bernhart stated that a group of female staff members had made efforts to avoid Castro due to “unwelcome attention.”

On March 14, 2008, Castro received an annual evaluation. During his evaluation, Bernhart informed him that he needed to improve his verbal communication skills, and she reminded him about gender sensitivity.

In May of 2008, Bernhart received a complaint from a local neuropsychologist that Castro was “practicing neuropsychology.” Based on this complaint, Bernhart instructed Castro to refrain from labeling any reports as neuropsychological evaluations.

On or about December 14, 2008, Bern-hart received a complaint from Wendy Herrera, Principal at Orange Ridge Bullock Elementary, where she “strongly” requested that Castro have no further contact with anyone at Orange Ridge after he made inappropriate and unprofessional comments to a teacher. On January 8, 2009, Bernhart issued Castro a written reprimand for his actions. Specifically, Bernhart stated that Castro’s verbal interactions with a student’s teacher resulted in a serious miscommunieation. She wrote that, “[djuring this interaction, Castro did not use good professional judgment; [he] did not sufficiently clarify verbal information and recommendations presented to the teacher; and [he] did not establish a [1296]*1296level of rapport that allowed the teacher to feel comfortable questioning [him] when she had concerns about her interpretations of [his] recommendations. Bernhart reminded Castro that she had received several complaints from parents, staff, and private practitioners regarding his oral communication style and the manner and appropriateness of the information and recommendations offered. Bernhart warned Castro that recurrence of such behavior would result in further discipline.

On March 13, 2009, Castro received an annual evaluation. In this evaluation, he was rated “Unsatisfactory” in the categories of “Interpersonal Communication, Collaboration and Consultation” and “Home/School/Community Collaboration.”

In September of 2010, Castro received an annual evaluation. This evaluation was satisfactory; however, it was noted that Castro tended to talk down to people.

B. Elimination of Three Psychologist Positions for the 2011-2012 School Year

During the fall semester of the 2010-2011 school year, the school district faced a severe budget crisis. As a result, the Superintendent recommended in his annual budget for the 2011-2012 school year that one school psychologist position be eliminated. In addition, the Student Services Department lost its American Recovery and Reinvestment Act funding, which had been used to fund 1.7 school psychologist positions. Based on the budget crisis and the loss of the funding, Bernhart was required to eliminate 2.7 school psychologist positions for the upcoming 2011-2012 school year.

In determining which psychologists would not be recommended for reappointment, Bernhart based her decision on overall effectiveness and job performance, particularly in the area of Problem Solving/Response to Intervention (“PS/RtI”). She did not base her decision on seniority. In December of 2010, Bernhart identified Castro, Jeffrey Mull, and LaQuisha Walden as the three least effective psychologists within the Student Services Department.

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Bluebook (online)
903 F. Supp. 2d 1290, 2012 WL 5193421, 2012 U.S. Dist. LEXIS 150747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castro-v-school-board-flmd-2012.