School district moves to end discrimination suit

After two years of legal wrangling, the Malverne Union Free School District has moved in the U.S. District Court for the Eastern District of New York for a summary judgment in a discrimination case that was filed against it in 2011 by three African-American staff members.

The plaintiffs are Betsy Benedith, Sherwyn Besson and Kenneth Smith. Benedith, a former Malverne High School assistant principal whom the district dismissed in June 2011 despite student protests, has accused former Principal James Brown, who is black, of treating white employees more favorably in order to avoid the appearance of impropriety that favoring blacks might create.

Besson, a former business teacher at the high school, claims he was subjected to increasing discrimination, resulting in the loss of his position. He further alleges that his two children, who were students in the district, were subjected to retaliation for his complaints of discrimination.

Smith, who taught math at the high school for five years, claims that the district discriminated against him in his course assignments and access to professional development, classroom equipment and economic opportunities. The final act of discrimination, he says, was his transfer from the high school to the Howard T. Herber Middle School.

In a pre-motion conference on Nov. 5, attorney Brian Sokoloff asked for a briefing schedule so that both sides could argue the motion for summary judgment, which would dispose of the case without a trial, according to court records obtained by the Herald.

By filing for the summary judgment, Malverne district officials apparently believe that the facts show that the plaintiffs were not discriminated against by the school system.

U.S. District Judge Arthur Spatt will now decide whether the district is entitled to a summary judgment, or whether the case should move to the trial phase. A spokesman for the court said that the process could take several months.

Steven Morelli, the attorney for the three former staff members said he believes the move for summary judgment is without merit. “We think that we have a meritorious claim,” Morelli told the Herald. “We feel that these individuals have been singled out based upon their race in an adverse way. It’s a situation where there seems to be something going on in Malverne when it comes to minority teachers.”

The suit names as defendants the school district, Superintendent James Hunderfund, Brown and two high school administrators, Assistant Principal Vincent Romano and math department Chairwoman Rosalinda Ricca. It lists alleged disparities in Brown’s treatment of his assistant principals, including giving more responsibility and opportunity to Romano while excluding Benedith from memos and, thus, important decisions.

It describes alleged retaliation for Besson’s vocal criticisms of Hunderfund, including threats to shut down the entire business department, and recounts Ricca’s alleged preferential treatment of white teachers over Smith and the “discriminatory and retaliatory efforts of the administration” to remove him from the high school. According to the complaint, administrators transferred Smith to the middle school because of his students’ poor performance on one Regents exam question.

The defendants “created a hostile work environment, subjected [the plaintiffs] to an atmosphere for adverse acts and treated them disparately because of their race and good-faith opposition to discriminatory practices,” the suit reads.

“We hope to send a message,” Morelli said. “We hope that the school district will take notice and do something about this.”

District officials declined to comment on the case.