Lewis v. City of Chicago, 496 F.3d 645, 652-53 (7th Cir.2007). Under the general and direct supervision of the Supervisor or Healthcare Center Manager/Director, the Patient Service Representative provides clerical,. Click the checkbox next to the jobs that you are interested in. at 69, 126 S.Ct. All rights reserved. Lucero contends the defendants breached the collective bargaining agreement by violating certain policies promulgated by the board of trustees. Childs suggested that the parent contact Lucero directly to try to resolve the parent's complaint. Co., No. Lucero denied the complaint and stated that she gave clear instructions. In Spring 2004, a parent of a student in Lucero's Honors/AP class complained to Childs about the number of points Lucero was attributing to a certain portfolio project. These problems could not have been part of the evaluation, and there is no requirement that a teacher be evaluated twice in a year. Crows Cafe, LeTourneau University, North Texas Ten Site Coordinator Hagerstown Jr Sr High School. On May 13, Childs informed Lucero he had received an email alleging that she had allowed a cell phone with a picture of a penis to be passed around her classroom. Lucero's attempt to create an adverse employment action by labeling herself a floater teacher also fails.
Lucero appealed, and we now affirm. Tenn. Nov 16, 2000). While Lucero's compensation, benefits, and workplace environment remain unchanged, she claims that the reassignment damaged her career prospects because teaching Seniors and Honors/AP English requires more training than teaching 7th grade, and because she is now a floater teacher assigned to English 8 and to monitor study halls in addition to teaching English 7, making her more susceptible to a reduction in force and less attractive to other school districts. Lucero was certified to teach English to students in grades 6 through 12, and during her employment interview Childs informed Lucero that she could be assigned to teach English in any grade at the Junior-Senior High School. The Court further stated that whether an action is materially adverse often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed. Id. On May 25 (the Seniors' last day of school), Lucero emailed Childs and Bunger to inform them that toward the end of class Fisher had asked her, How come you turned in my photo? Id. To us it was about discrimination. Childs told Lucero that he would not reassign her from teaching Seniors unless he could find someone who had Advanced Placement training or was otherwise more qualified to teach the Senior courses. First, she alleges that defendants breached the collective bargaining agreement because Childs failed to mention problems when he conducted Lucero's annual teacher evaluation and failed to give her an opportunity to correct any problems by placing her on a job improvement plan after the evaluation. Sharon A. LUCERO, Plaintiff-Appellant, v. NETTLE CREEK SCHOOL CORPORATION, et al., Defendants-Appellees. On March 29, 2007, defendants filed a motion for summary judgment with respect to all of Lucero's claims. The Hagerstown, Indiana Junior-Senior High School (Junior-Senior High School) is a public school that serves students in grades 7 through 12 in one building. 1981. I work well with co-workers and customers as well as ability to work alone.
During the discussion, Childs questioned Lucero as to why Lucero embarked on a ten minute dialogue. Lucero immediately wrote a referral regarding the Fisher-Brockman incident to assistant principal Bunger. The teacher evaluation policy provides that a teacher with two or more years of experience shall be evaluated at least once during the school year. We cannot conclude that teaching Seniors requires more specialized training. Use these resumes as templates to get help creating the best Athletic Secretary resume. The email address cannot be subscribed. To use this as an opportunity to model the assignment you need to make the interviewer ask you more questions in order to get information. Burlington Northern and Santa Fe Ry. Learn more about FindLaws newsletters, including our terms of use and privacy policy. In fact, her reassigned duties were the same teaching duties she successfully performed for all but one year of teaching for the School Corporation. C) Salary.com using cookies (as described here) to refine and tailor the website visitor experience. Troy Community Consolidated School District 30-C. Lucero claims that defendants violated the reassignment policy because there was no evidence that she was not qualified to teach Senior English, and she was more qualified to teach English 12 and Honors/AP English than was her replacement, Chester. Her performance for that year was reviewed positively as well, and the School Corporation renewed her contract for 2003-04. The district court denied a posttrial motion by Burlington for judgment dismissing White's claim as a matter of law. Nettle Creek School Corporation Superintendent, Dr. Kyle G. Barrentine, has announced a vacancy notice for the position of Dual Credit Spanish Teacher at Hagerstown Jr.-Sr. High School. He continued: The interviewer asked only one broad question and received much information. Lucero has not demonstrated a genuine dispute of material fact as to any of her breach of contract claims. We examine this question in light of the Supreme Court's decision in Burlington. At that time, Chester had never taught a Senior English course, and he did not have experience teaching Honors or AP courses. Lucero also attached 245 tabbed exhibits to the brief. Courteously greeting and directing visitors appropriately. She argues she is a floater teacher because she has taught 8th grade English and study hall in addition to 7th grade English since her reassignment. Therefore, this claim lacks merit. Bunger responded, Yes, put them in my mailbox. On May 10, Lucero notified Bunger that she wanted him to handle the Fisher-Brockman incident. During those meetings, Childs informed Lucero that her pacing in Senior English was problematic and that he had received several complaints from parents and students about problems in her classroom during the 2003-04 school year. However, the same individuals that filed the affidavits have been involved in making and supporting discrimination charges on Lucero's behalf since the reassignment, demonstrating that they were not in fact dissuaded. Lucero appealed the district court's ruling with respect to her claims for retaliation, discrimination, hostile work environment, and breach of contract, and she appealed the district court's decision to strike her initial response brief. Assisted customersAnswered phonesSold and designed advertisementsGeneral computer workFiling, Sorted incoming mailAssisted customersAnswered phones. White v. Burlington Northern and Santa Fe Ry. At all relevant times, Joe Backmeyer was the superintendent of the School Corporation. In her retaliation claims, Lucero claims defendants violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. Still, these were isolated incidents that were neither sufficiently severe or pervasive to rise to the level of actionable harassing conduct. Plainfield Community Consolidated School District 202, Oswego Community Unit School District 308. Lucero requested that Childs assign her to teach the new Honors/AP course as well as an additional English 12 course. Superintendent Backmeyer then posted a position for an English teacher. The students involved in the Playboy and Fisher-Brockman incidents were suspended from school, and Fisher was counseled by Bunger for his separate conduct in the computer lab. This is one of the hundreds of Athletic Secretary resumes available on our site for free. Kampmier v. Emeritus Corp., 472 F.3d 930, 940 (7th Cir.2007) (Title VII case); Mary M. v. North Lawrence Comm. Elementary Dual Language Teacher (Fluent in English and Spanish), SOUTH HENRY SCHOOL CORPORATION, Straughn, IN. 1681(a)) by retaliating against her for complaining about alleged discrimination. Moreover, pursuant to the policies of the School Corporation, reductions in force are determined on the basis of certification, seniority, proficiency in teaching performance, and length of experience in assigned subject area. Copyright 2022, Thomson Reuters. The Sixth Circuit initially reversed the judgment, but the full appeals court vacated the panel decision, heard the matter en banc, and affirmed the district court's judgment in White's favor. No teacher should be subject to the deplorable behavior described in the facts of this case. With respect to the comments made by the students, Lucero testified that she did not refer those students for discipline for uttering those comments and handled the situation in the classroom pursuant to the School Corporation's discipline policy. Although Lucero may disagree with the discipline imposed, her disagreement is subjective and does not establish unreasonableness or deliberate indifference. 998, 140 L.Ed.2d 201 (1998)). After learning of the cell phone allegation, Lucero emailed Bunger, stating that she would really like the [Fisher-Brockman incident] taken care of as soon as possible. She expressed concern that if the administration did not respond soon, those seniors will think that they can get away with anything Lucero also sent an email to Childs, complaining that the administration had not yet addressed the Fisher-Brockman incident; that the credibility of the School Corporation's policies was at risk; and that the School Corporation was not supporting her efforts to maintain a classroom environment conducive to learning. On August 17, 2007, Lucero filed a brief that was 147 pages in length. 2405. Extra $3 per hour on Weekends. Id. After she complained to Burlington officials about sexual harassment by her male supervisor, however, White was relieved of forklift duty and assigned to perform only other track laborer tasks. In December 2003, members of Lucero's Honors/AP class met with Childs to complain that Lucero assigned a paper that she required them to complete in a short time period that coincided with several semester exams. The problems which precipitated her eventual transfer, and of which she now complains she did not have an opportunity to correct, did not arise until the Spring, after her evaluation was completed. Further, the job improvement target provision is only triggered [i]f the evaluator determines that the teacher's performance is below the corporation's standard of acceptable performance. Because Lucero's problems did not come to a head until after her evaluation, defendants did not violate these policies. Childs did evaluate Lucero once during the 2003-04 year. Lucero has demonstrated proficiency in teaching Junior High English courses and has taught these courses for all but one year of her teaching career in defendants' employ. Under Title IX, there is only a basis for liability when the employer has been deliberately indifferent to the harassing conduct. Preferred (but not required) Qualifications: Receive alerts for other Dual Credit Spanish Teacher job openings. Visit our She also attended a High Schools that Work conference that summer. To prevail on her retaliation claims, Lucero must establish that she suffered a materially adverse employment action. On July 14, Backmeyer recommended to the board of trustees that it hire Chester as an English teacher, and the board approved this recommendation. Lucero appeals on her retaliation claims. The district court found that Lucero had not submitted sufficient evidence to create a genuine issue of material fact as to whether her reassignment to teach English primarily to 7th grade students, instead of 12th grade students, was a materially adverse employment action. Lucero denied the accusation, and nothing ever came of the incident. Lucero's seniority and teaching certification are not impacted by her teaching assignment. 99-2733 M1/BRE, 2000 WL 35448693 (W.D.
Lucero appealed, and we now affirm. Tenn. Nov 16, 2000). While Lucero's compensation, benefits, and workplace environment remain unchanged, she claims that the reassignment damaged her career prospects because teaching Seniors and Honors/AP English requires more training than teaching 7th grade, and because she is now a floater teacher assigned to English 8 and to monitor study halls in addition to teaching English 7, making her more susceptible to a reduction in force and less attractive to other school districts. Lucero was certified to teach English to students in grades 6 through 12, and during her employment interview Childs informed Lucero that she could be assigned to teach English in any grade at the Junior-Senior High School. The Court further stated that whether an action is materially adverse often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed. Id. On May 25 (the Seniors' last day of school), Lucero emailed Childs and Bunger to inform them that toward the end of class Fisher had asked her, How come you turned in my photo? Id. To us it was about discrimination. Childs told Lucero that he would not reassign her from teaching Seniors unless he could find someone who had Advanced Placement training or was otherwise more qualified to teach the Senior courses. First, she alleges that defendants breached the collective bargaining agreement because Childs failed to mention problems when he conducted Lucero's annual teacher evaluation and failed to give her an opportunity to correct any problems by placing her on a job improvement plan after the evaluation. Sharon A. LUCERO, Plaintiff-Appellant, v. NETTLE CREEK SCHOOL CORPORATION, et al., Defendants-Appellees. On March 29, 2007, defendants filed a motion for summary judgment with respect to all of Lucero's claims. The Hagerstown, Indiana Junior-Senior High School (Junior-Senior High School) is a public school that serves students in grades 7 through 12 in one building. 1981. I work well with co-workers and customers as well as ability to work alone.
During the discussion, Childs questioned Lucero as to why Lucero embarked on a ten minute dialogue. Lucero immediately wrote a referral regarding the Fisher-Brockman incident to assistant principal Bunger. The teacher evaluation policy provides that a teacher with two or more years of experience shall be evaluated at least once during the school year. We cannot conclude that teaching Seniors requires more specialized training. Use these resumes as templates to get help creating the best Athletic Secretary resume. The email address cannot be subscribed. To use this as an opportunity to model the assignment you need to make the interviewer ask you more questions in order to get information. Burlington Northern and Santa Fe Ry. Learn more about FindLaws newsletters, including our terms of use and privacy policy. In fact, her reassigned duties were the same teaching duties she successfully performed for all but one year of teaching for the School Corporation. C) Salary.com using cookies (as described here) to refine and tailor the website visitor experience. Troy Community Consolidated School District 30-C. Lucero claims that defendants violated the reassignment policy because there was no evidence that she was not qualified to teach Senior English, and she was more qualified to teach English 12 and Honors/AP English than was her replacement, Chester. Her performance for that year was reviewed positively as well, and the School Corporation renewed her contract for 2003-04. The district court denied a posttrial motion by Burlington for judgment dismissing White's claim as a matter of law. Nettle Creek School Corporation Superintendent, Dr. Kyle G. Barrentine, has announced a vacancy notice for the position of Dual Credit Spanish Teacher at Hagerstown Jr.-Sr. High School. He continued: The interviewer asked only one broad question and received much information. Lucero has not demonstrated a genuine dispute of material fact as to any of her breach of contract claims. We examine this question in light of the Supreme Court's decision in Burlington. At that time, Chester had never taught a Senior English course, and he did not have experience teaching Honors or AP courses. Lucero also attached 245 tabbed exhibits to the brief. Courteously greeting and directing visitors appropriately. She argues she is a floater teacher because she has taught 8th grade English and study hall in addition to 7th grade English since her reassignment. Therefore, this claim lacks merit. Bunger responded, Yes, put them in my mailbox. On May 10, Lucero notified Bunger that she wanted him to handle the Fisher-Brockman incident. During those meetings, Childs informed Lucero that her pacing in Senior English was problematic and that he had received several complaints from parents and students about problems in her classroom during the 2003-04 school year. However, the same individuals that filed the affidavits have been involved in making and supporting discrimination charges on Lucero's behalf since the reassignment, demonstrating that they were not in fact dissuaded. Lucero appealed the district court's ruling with respect to her claims for retaliation, discrimination, hostile work environment, and breach of contract, and she appealed the district court's decision to strike her initial response brief. Assisted customersAnswered phonesSold and designed advertisementsGeneral computer workFiling, Sorted incoming mailAssisted customersAnswered phones. White v. Burlington Northern and Santa Fe Ry. At all relevant times, Joe Backmeyer was the superintendent of the School Corporation. In her retaliation claims, Lucero claims defendants violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. Still, these were isolated incidents that were neither sufficiently severe or pervasive to rise to the level of actionable harassing conduct. Plainfield Community Consolidated School District 202, Oswego Community Unit School District 308. Lucero requested that Childs assign her to teach the new Honors/AP course as well as an additional English 12 course. Superintendent Backmeyer then posted a position for an English teacher. The students involved in the Playboy and Fisher-Brockman incidents were suspended from school, and Fisher was counseled by Bunger for his separate conduct in the computer lab. This is one of the hundreds of Athletic Secretary resumes available on our site for free. Kampmier v. Emeritus Corp., 472 F.3d 930, 940 (7th Cir.2007) (Title VII case); Mary M. v. North Lawrence Comm. Elementary Dual Language Teacher (Fluent in English and Spanish), SOUTH HENRY SCHOOL CORPORATION, Straughn, IN. 1681(a)) by retaliating against her for complaining about alleged discrimination. Moreover, pursuant to the policies of the School Corporation, reductions in force are determined on the basis of certification, seniority, proficiency in teaching performance, and length of experience in assigned subject area. Copyright 2022, Thomson Reuters. The Sixth Circuit initially reversed the judgment, but the full appeals court vacated the panel decision, heard the matter en banc, and affirmed the district court's judgment in White's favor. No teacher should be subject to the deplorable behavior described in the facts of this case. With respect to the comments made by the students, Lucero testified that she did not refer those students for discipline for uttering those comments and handled the situation in the classroom pursuant to the School Corporation's discipline policy. Although Lucero may disagree with the discipline imposed, her disagreement is subjective and does not establish unreasonableness or deliberate indifference. 998, 140 L.Ed.2d 201 (1998)). After learning of the cell phone allegation, Lucero emailed Bunger, stating that she would really like the [Fisher-Brockman incident] taken care of as soon as possible. She expressed concern that if the administration did not respond soon, those seniors will think that they can get away with anything Lucero also sent an email to Childs, complaining that the administration had not yet addressed the Fisher-Brockman incident; that the credibility of the School Corporation's policies was at risk; and that the School Corporation was not supporting her efforts to maintain a classroom environment conducive to learning. On August 17, 2007, Lucero filed a brief that was 147 pages in length. 2405. Extra $3 per hour on Weekends. Id. After she complained to Burlington officials about sexual harassment by her male supervisor, however, White was relieved of forklift duty and assigned to perform only other track laborer tasks. In December 2003, members of Lucero's Honors/AP class met with Childs to complain that Lucero assigned a paper that she required them to complete in a short time period that coincided with several semester exams. The problems which precipitated her eventual transfer, and of which she now complains she did not have an opportunity to correct, did not arise until the Spring, after her evaluation was completed. Further, the job improvement target provision is only triggered [i]f the evaluator determines that the teacher's performance is below the corporation's standard of acceptable performance. Because Lucero's problems did not come to a head until after her evaluation, defendants did not violate these policies. Childs did evaluate Lucero once during the 2003-04 year. Lucero has demonstrated proficiency in teaching Junior High English courses and has taught these courses for all but one year of her teaching career in defendants' employ. Under Title IX, there is only a basis for liability when the employer has been deliberately indifferent to the harassing conduct. Preferred (but not required) Qualifications: Receive alerts for other Dual Credit Spanish Teacher job openings. Visit our She also attended a High Schools that Work conference that summer. To prevail on her retaliation claims, Lucero must establish that she suffered a materially adverse employment action. On July 14, Backmeyer recommended to the board of trustees that it hire Chester as an English teacher, and the board approved this recommendation. Lucero appeals on her retaliation claims. The district court found that Lucero had not submitted sufficient evidence to create a genuine issue of material fact as to whether her reassignment to teach English primarily to 7th grade students, instead of 12th grade students, was a materially adverse employment action. Lucero denied the accusation, and nothing ever came of the incident. Lucero's seniority and teaching certification are not impacted by her teaching assignment. 99-2733 M1/BRE, 2000 WL 35448693 (W.D.