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Home> Local News> Troy teacher gets $2.4M for refusing to pat backs
Saturday, April 29, 2006
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Troy teacher gets $2.4M for refusing to pat backs

Web-posted Apr 29, 2006

By ANN ZANIEWSKI
Of The Oakland Press

TROY - A former Troy Athens High School teacher won a lawsuit claiming that the school principal discriminated against her because she is Chinese.

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A jury in U.S. District Court in Detroit issued Friday a $2.44 million judgment against the district and principal Catherine Cost, said an attorney for the plaintiff.

District officials say the verdict contrasts with an arbitrator's decision and an investigation by the Equal Employment Opportunity Commission that found no evidence of discrimination. The principal has denied any wrongdoing; she could not be reached for comment.

Former teacher Agnes Auvenshine, 40, said the principal said or implied that Auvenshine's Chinese heritage negatively impacted her ability to teach at the school, according to Auvenshine's attorney, Joseph Golden. Golden said Cost denied that the incidents ever occurred.

Golden, of Southfield law firm Sommers Schwartz, said Cost criticized Auvenshine's classroom performance although the previous principal had no problems with her.

According to Golden, Cost once suggested that Auvenshine should physically pat students on the back for doing good work. Auvenshine said she did not feel comfortable doing so because of her cultural background, and Cost allegedly indicated that she should modify her behavior to better fit in.

Golden said Auvenshine argued that her race was also an issue when she was passed over for a computer teaching job in favor of someone Auvenshine believed to be less qualified.

Auvenshine, of Oxford, was hired in 1999 as a probationary math teacher. Cost became principal in 2000.

Auvenshine was terminated at the end of the 2002 school year, which was also the end of the third year of a four-year probationary period that new teachers go through.

School district spokesman Tim McAvoy issued a statement: "The jury's verdict is contrary to both an impartial arbitrator's decision and the investigation of the Equal Employment Opportunity Commission concerning the plaintiff's claims, both of which were unable to find evidence of any prejudice or discrimination by the school district or its administrators.

"After a lengthy hearing over several days, the arbitrator found that the reasons for not renewing the plaintiff's employment as a probationary teacher were her continuing performance defi ciencies in such areas as lesson preparation and delivery, management of student behavior in her classes and her overall approach with students.

"Particularly in light of the actions of these other tribunals, our Board of Education certainly will be reviewing our appeal options with legal counsel."

Golden said the complaint filed on behalf of Auvenshine argued that the district violated the state Elliott-Larsen Civil Rights Act, and that Cost violated a section of the Federal Civil Rights Act.

Golden said the verdict levied about a $1.2 million verdict against the district, and another $1.2 million against Cost, which included $600,000 in punitive damages.

Cost is still employed at the school.

Golden said Auvenshine now teaches part time at Oakland University and Macomb Community College.






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