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The Oregonian (Portland, Oregon)
January 10, 2005 Monday
BEAVERTON SCHOOL DISTRICT SETTLES RACIAL BIAS SUIT
ANITHA REDDY
Summary: In the $120,000 deal, the district admits a custodian was called a racial slur but denies other allegations
The Beaverton School District has agreed to pay $120,000 to settle a discrimination lawsuit by an African American former custodian, after admitting in a court filing that a co-worker called the man a racial epithet.
District administrators agreed in December to pay nearly $80,000, including $10,000 in gross back wages, to James Sanders and $40,000 in fees to his lawyer, Thomas Steenson. As part of the settlement, the district denied Sanders' allegations against three other co-workers.
The settlement, drawn from the district's $1.55 million insurance reserve fund, did not require school board approval, said Linda Borquist, an assistant superintendent.
Board member Ann Jacks said Tuesday evening that district lawyers had briefed the board on the case but had never discussed possible settlement amounts.
"It's not an insignificant sum or an insignificant issue," Jacks said. "I'd like, in the future, to be a little more active in this."
Board approval is necessary only if the settlement amount exhausts the reserve fund, which is set aside during the budget process and requires a transfer from the general fund, said Janice Essenberg, district administrator for budget services.
Because the district's insurance policy covers liability claims greater than $500,000, board approval would be required only in rare cases involving hundreds of thousands of dollars. Large settlements can be entered into without board approval, unlike contracts, which require a board vote if they are worth more than $50,000.
In neighboring Portland, the school board must approve all settlements greater than $25,000.
Sanders, who was fired in October 2003, sued the district in June, saying his boss, Ron Strasser, Aloha High School's head custodian, had used racially derogatory terms and threatened him. Sanders cited other instances of harassment, but did not name the co-workers involved or describe the offenses in his lawsuit.
Sanders met twice with Anthony Rosilez, then the district administrator overseeing custodians, and submitted two written complaints describing the harassment between November 2002 and August 2003, according to court filings by Sanders and the school district.
In a June 29 court filing, the district denied all of Sanders' accusations except one. The district admitted that a co-worker called Sanders a "spear chucker" in August 2003. In the same filing, the district denied workers used other racially insensitive terms.
Borquist declined to identify the co-worker accused of using the term. She said the employee, who was disciplined for the incident, no longer works for the district.
The district initially responded to Sanders' complaints by giving him the cell and home phone numbers of Rosilez so he could report any further harassment immediately, Borquist said.
The district also offered Sanders a place on its "Diversity Committee," an employee group that supports and embraces a diverse work force, she said.
"We take any report of harassment or discrimination very seriously," Borquist said.
At Sanders' request, the district held a training session in January 2003 for custodial staff to review anti-discrimination policies and reporting procedures.
Sanders' suit names as defendants Mark Moser, the district's administrator for classified personnel, Art Heckel, a former Aloha High School vice principal, and Strasser, Sanders' direct supervisor.
The district investigated Sanders' allegations against the three men and found no wrongdoing, Borquist said.
Heckel, now a vice principal at Westview High School, and Moser still work for the district.
Strasser retired in September. District officials said his retirement was unrelated to the lawsuit.
Posted by C. C. Cinnamon]]> Sat, 16 Oct 2010 16:08:29 -0700 Portland Mercury
To be clear, Mr. Stambaugh dose not currently intend to sue the Beaverton School District. Any intention that may have been conveyed was conditional, and dependent....vesting IF, AND ONLY IF, the Beaverton School District and he are unable to forge a comprehensive resolution to this crisis.

Mr. Stambaugh's primary driving goal before, and since, his summary removal from that Beaverton classroom is to be an excellent teacher. He is proving to be teaching us lessons about community and inclusivity that reverberate beyond the classroom

As has been reported in The Mercury and elsewhere, Superintendent Colonna and Mr. Stambaugh agreed to meet in person for a conversation. We are hopeful that this conversation will lead to Mr. Stambaugh's return to Sexton Mountain Elementary so that he may be continue to be a gifted educator.




Posted by LAW WORKS]]> Thu, 14 Oct 2010 18:52:02 -0700 Portland Mercury