Pitton v. New York City Department of Education

148 F. Supp. 3d 217, 2015 U.S. Dist. LEXIS 161685, 2015 WL 7776908
CourtDistrict Court, E.D. New York
DecidedDecember 2, 2015
Docket15 Civ. 1235 (BMC)
StatusPublished
Cited by7 cases

This text of 148 F. Supp. 3d 217 (Pitton v. New York City Department of Education) 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.

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Pitton v. New York City Department of Education, 148 F. Supp. 3d 217, 2015 U.S. Dist. LEXIS 161685, 2015 WL 7776908 (E.D.N.Y. 2015).

Opinion

MEMORANDUM DECISION & ORDER

COGAN, District Judge.

Plaintiff brought this action under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law, and 42 U.S.C. § 1983 for alleged discrimination and retaliation. The parties have stipulated to the dismissal of all but the § 1983 claims arising from alleged retaliation against plaintiff for speech protected by the First Amendment. Before me is defendants’ motion for summary judgment. For the reasons set forth below, defendants’ motion is granted.

BACKGROUND

The following facts are viewed in the light most favorable to plaintiff and are undisputed. Plaintiff began her employment with the New York City Department of Education (“DOE”) as a School Aide in 1989, after which she held several other positions at DOE, including paraprofessional, special education teacher, Assistant Principal, and Education Administrator. Plaintiff began working as an Assistant Superintendent/Network Leader (“Network Leader”) for District 75 in February 2012. District 75 of DOE is comprised of schools throughout the five boroughs serving special needs students. Plaintiff was [221]*221interviewed for the Network Leader position by Gary Hecht, the Superintendent of District 75 (“Hecht”), Barbara Joseph, the Deputy Superintendent (“Joseph”), and Ketler Louissant, a District 75 Network Leader (“Louissant”). Hecht was plaintiffs immediate supervisor during her employment as a Network Leader.

As part of plaintiffs job responsibilities as a Network Leader, plaintiff worked with school principals and teachers of fifteen District 75 schools to help the schools align their practices to the DOE’s Quality Review standards and increase student performance. At the time plaintiff was hired as a Network Leader in 2012, Network Leaders had begun to conduct Quality Reviews -of the District 75 schools.1

A Quality Review (“QR”) is an assessment of a school by an experienced educator who visits the school to review the school’s performance in a variety of areas. The QR standards and guidelines are developed exclusively by the DOE, and QR contains approximately 60 performance criteria to be assessed by the reviewer.

The reviewer conducts several activities as part of the QR process, including meetings, classroom visits, data review, and information gathering. The reviewer then issues the school a QR score, which is incorporated into a school principal’s annual review and is posted on the school’s webpage and available to the public. At the time of the events alleged in the Amended Complaint, a formal QR, typically took three days and was conducted by a Lead Reviewer, who would sometimes be accompanied by a supporting reviewer or by a mentor or shadow during training. A mentor is to assist a training reviewer in determining the QR score for a school by ensuring that the score was supported by the evidence gathered.

Scores for each school are quality assured; when QRs are performed by DOE employees who do not work in the Office of School Quality, a Director from the Office of School Quality is responsible for providing feedback to reviewers and reviewing draft QRs. Reviewers would assign the school one of four QR final scores: underdeveloped, developing, proficient, and well-developed. QR training provides that a reviewer should “score down” for the exit meeting, which takes place with the principal of the school, so that the final QR score, assigned after all of the evidence has been collected, will not be lower than discussed at the exit meeting.

Plaintiff was assigned a mentor, Sheryl Watkins (“Watkins”), during her QR for the PS K753 School for Career Development (“SCD”) from January 29 through February 1, 2013.2 This was plaintiffs first QR as a-Network Leader. Watkins had retired from DOE and was working as a consultant for the DOE’s quality review team in early 2013. After plaintiff conducted the QR for SCD, she and Watkins disagreed as to what score should be assigned to the school; plaintiff believed the school deserved a “well-developed” score, while Watkins believed the school should be given a lower score. Plaintiff and Watkins compromised by deciding that plain[222]*222tiff would tell the principal of SCD, Yvrose Pierre (“Principal Pierre”), during the exit meeting that the school would receive a QR score of “proficient.” Plaintiff -. told Watkins she would change the QR score to well-developed when she wrote the QR report. ;

Teresa Caccavale (“Caccavale”) was a Director of School Quality in DOE’s Office of School Quality assigned to review plaintiffs draft QR report for SCD and provide feedback, such as the application of QR standards and corrections to grammar. Plaintiff sent Caccavale an email-on.-January 31, 2013, prior to submitting her 'draft report for review, stating that SCD’s QR score was “proficient”; in plaintiffs first draft of the report, however, she-'.had changed SCD’s QR score to “well-developed.” Caccavale commented on page one of the draft report that the report read as a proficient report with some well-developed indicators. Plaintiff understood this to mean that Caccavale was insisting that the school’s score be changed to proficient. In a subsequent meeting with Caccavale regarding plaintiffs second draft of the QR report for SCD, plaintiff provided additional evidence to support a well-devel; oped rating. Plaintiff determined the QR final score. ,

Plaintiff was subsequently accompanied by Caccavale for a portion of a QR for another -school, PS Q993, which took place in March 2013. Plaintiff and Caccavale. .disagreed about the appropriate score for this school, and plaintiff .ultimately assigning the score she thought the school should receive, the higher score of the two. Plaintiff believed that her decision not to take Caccavale’s advice made Caccavale “irate.” Plaintiff was also accompanied on at least one other QR following the QR for PS Q993.

Plaintiff did not believe she needed additional training in performing QRs due to her past experience as an education administrator, and believed that her relationships with her supervisors, Hecht and Joseph, changed following the QR with Watkins. Plaintiff testified she believed this because a- colleague told plaintiff she was “walking on eggs” with her supervisor after the QR at PS Q993 and her rejection of Caccavale’s advice, and because (1) plaintiff began to get questions from principals regarding when she was visiting schools, ® Joseph called a school to confirm that plaintiff was there and to ask when she-was leaving, and (3) Hecht told plaintiff that three District 75 principals had complained to Hecht that they did not receive .the professional support they needed from plaintiff as their Network leader.

In the Spring of 2013, after plaintiff was told of the complaints from the three principals about her performance as a Network Leader, Hecht and Joseph advised plaintiff to apply for another position as a senior instructional facilitator (“SATIF”). The SATIF position included supporting schools in the implementation of DOE initiatives and conducting QRs. In May 2013, plaintiff applied for the District 75 SATIF position.

On June 14, 2013, Hecht sent plaintiff a letter notifying plaintiff of her termination and giving the reason for the termination. Hecht noted the discussions with plaintiff in May and June regarding her job performance and the complaints received from other principals.

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148 F. Supp. 3d 217, 2015 U.S. Dist. LEXIS 161685, 2015 WL 7776908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitton-v-new-york-city-department-of-education-nyed-2015.