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.