Desir v. Board of Cooperative Educational Services

803 F. Supp. 2d 168, 2011 U.S. Dist. LEXIS 32751, 2011 WL 1204631
CourtDistrict Court, E.D. New York
DecidedMarch 29, 2011
DocketNo. 07-CV-1994 (RRM)(ARL)
StatusPublished
Cited by14 cases

This text of 803 F. Supp. 2d 168 (Desir v. Board of Cooperative Educational Services) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Desir v. Board of Cooperative Educational Services, 803 F. Supp. 2d 168, 2011 U.S. Dist. LEXIS 32751, 2011 WL 1204631 (E.D.N.Y. 2011).

Opinion

MEMORANDUM AND ORDER

MAUSKOPF, District Judge.

Plaintiff Paul Desir (“Plaintiff”) brings this action against his former employer, Nassau County Board of Cooperative Educational Services (“BOCES”), as well as certain school board officials and school administrators in their official and individual capacities, including: District Superintendent James Mapes, Deputy Superintendent John Gangemi, Principal Robert Lombardi, and Assistant Principal Sandra Tedesco. Plaintiff alleges discrimination on the basis of race and color in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”), New York State Executive Law § 296, and the federal constitution under 42 U.S.C. § 1983. Currently before the Court is Defendant’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated [171]*171below, Defendant’s motion for summary judgment is GRANTED in its entirety.1

BACKGROUND2

The following facts are either undisputed or described in the light most favorable to the Plaintiff. See Capobianco v. City of N.Y., 422 F.3d 47, 50 n. 1 (2d Cir.2005). Plaintiff, an African-American male, was hired as a Special Education teacher at Eagle Avenue Middle School in West Hempstead, New York, effective on or about September 1, 2005. (Def. 56.1 Stmt. (Doc. No. 37) ¶ 9.) As a first-year teacher, Plaintiff was subject to a probationary period and to the terms and conditions of a Collective Bargaining Agreement (“CBA”) between BOCES and the Teachers’ Union. Principal Robert Lombardi and Vice Principal Sandra Tedesco interviewed Plaintiff for the teaching position at issue, and recommended him for the probationary position.3 (See id. ¶¶ 3-5.) Robert Mapes testified that he thought that he was the Superintendent at the time Plaintiff was hired. (See id. ¶¶ 6-7.) The Board, exercising its ultimate hiring authority, hired Plaintiff on a probationary basis. (See id. ¶¶ 8-9.) At the time Plaintiff was hired, a Caucasian teacher also applied for the job in question; the Caucasian applicant was instead hired for the position of “temporary teacher,” a non-tenure-track position. (PI. 56.1 Cntrstmt. (Doc. No. 41) ¶118.)

On September 24, 2006, Plaintiff attended an orientation and signed a form acknowledging receipt of school policies and regulations. (Def. 56.1 Stmt. ¶ 10.)4 In November 2005, Tedesco wrote Plaintiff a memo following an informal class[172]*172room observation, offering various recommendations for improvement, directing Defendant to consult with his mentor, and asking for a meeting at his convenience. (Id. ¶ 17.)5 Also in November, a memo was sent to Plaintiff arranging for him to visit classrooms to view lessons. (Id. ¶ 18; Def. Deck re: Mot. for Summ. J. (Doc. No. 38) (“Def. Deck”), Ex P.)6 In December 2005, Plaintiff was admonished via memorandum by Lombardi for failing to leave plans for a substitute teacher in case of absence.7 (Def. 56.1 Stmt. ¶ 19.) In January 2006, Tedesco again wrote Plaintiff a memo voicing concerns about his lesson plan and offering assistance. (Id. ¶ 20; Def. Deck Ex R.)8 On March 21, Lombardi issued a memo to Plaintiff regarding scoring errors in his standardized achievement test for Plaintiffs class. (Id. ¶ 25; Def. Deck Ex. V.)9

Lombardi gave Plaintiff four “unsatisfactory” performance evaluations between February and April of 2006. Plaintiffs first evaluation took place over three days, culminating in a February 2, 2006 written evaluation.10 According to Plaintiffs evaluation, Lombardi made several attempts to observe him. (Id. ¶ 21; Def. Deck Ex. S.)11 On January 31, 2006, only one student was in the classroom upon Principal Lombardi’s arrival. (PI. 56.1 Cntrstmt. ¶ 46; Def. 56.1 Reply (Doc. No. 44) ¶46.) Lombardi returned the following day to Plaintiffs absence from class for fifteen and ten minute blocs, during which the children were left to play games with no educational value and to surf the internet in an unsupervised manner, leading to the suspension of their internet privileges. (Def. Deck Ex. S.) On February 2, 2006, Plaintiff arrived seventeen minutes after Lombardi arrived; students proceeded to watch a movie without supervision, including inappropriate sexual scenes. (Id.) Defendant contends that at a post-observation conference, memorialized in writing, Plaintiff indicated that he was talking to another teacher during his absences; however, Plaintiff maintains this post-observation meeting did not occur. (PI. 56.1 Cntrstmt. ¶ 21; Def. Deck Ex S.) Lombardi told Plaintiff to be ready for his next observation “within the next month.” (Id. ¶ 57; Def. Deck Ex. S.)

Plaintiffs second evaluation took place February 27 and 28, 2006, culminating in a March 6, 2006 written evaluation. (Id. ¶ 58; Def. 56.1 Stmt. ¶ 23.) No pre-observation conference was held. (PI. 56.1 Cntrstmt. ¶ 59; Def. 56.1 Reply ¶ 59.) The evaluation related several deficiencies with Plaintiffs teaching: there was too much free time; too much math and not enough social studies, science, or language arts; no evidence of a prepared lesson; and the math lesson itself was unsatisfactory. (Def. Deck Ex U.) It suggested that [173]*173Plaintiff have his weekly lessons planned ahead of time before meeting with his mentor on Tuesdays at 10:30 a.m. (See id.) Though Plaintiff did not object to these criticisms, he objected to what he perceived to be the lack of constructive criticism therein. (PI. 56.1 Cntrstmt. ¶¶ 63-65.) A post-observation conference was held, which also served as a pre-observation conference for the next evaluation. (Def. 56.1 Stmt. ¶ 26; PI. 56.1 Cntrstmt. ¶ 26.)

Plaintiffs third evaluation took place on March 29, 2006. (Def. 56.1 Stmt. ¶ 26.) Again, it noted several deficiencies: Plaintiff misinformed the students as to the definition of an index and appendix; there were no activities to test vocabulary; his Plan Book was disorganized and out of date; and his disciplinary methods were not effective. (Def. Deel. Ex. W) Plaintiff filed a grievance objecting to the fact that, in his opinion, the review was not constructive and was improper due to its timing.

Plaintiffs fourth evaluation took place one day later, on March 30, 2006. (PI. 56.1 Cntrstmt. ¶ 70; Def. Deck Ex. X.) Again, Lombardi noted deficiencies in Plaintiffs teaching: the lesson was disorganized and disjointed, with no identification of a lesson plan; the students appeared to have difficulty following the lesson; and the lesson did not demonstrate new learning or skills. (Id.) Plaintiff contends that procedural irregularities characterizing the manner in which he was evaluated support his claim that Defendants were animated by racial discrimination in their treatment of Plaintiff.

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Bluebook (online)
803 F. Supp. 2d 168, 2011 U.S. Dist. LEXIS 32751, 2011 WL 1204631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desir-v-board-of-cooperative-educational-services-nyed-2011.