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Civil rights suit goes to mediation

Former city schools employee filed case against YCSD

YOUNGSTOWN — The former clinical instructor for the practical nursing program in the Youngstown City School District’s Choffin Career and Technical Center filed suit last fall in U.S. District Court against the school district, alleging discrimination under Title 7 of the Civil Rights Act of 1964.

The parties met for a telephone mediation session Friday in U.S. District Court, but did not resolve the dispute, according to court documents. The parties will exchange pretrial evidence in the case through Jan. 27 and hold a second mediation session that day.

Alfred E. Davis of Trumbull County filed his amended suit in September in U.S. District Court, naming the Youngstown City School District, Youngstown City Schools Superintendent Jeremy Batchelor and school district Director of Education Sherry Cross as defendants. The defendants responded to the allegations in an Oct. 29 filing.

Davis stated that he is an African American man and worked for the school district from December 2017 to March 2023 as clinical instructor in the Adult Education Program at Choffin and that Batchelor was the school district’s chief of staff. Cross was Davis’ supervisor, the suit states.

Davis received a notice of right to sue from the Equal Employment Opportunity Commission after filing a charge of discrimination with the EEOC and Ohio Civil Rights Commission, according to the suit.

The suit states that Davis was “qualified for his position as clinical instructor” because of his nursing degree and adult-education license. But the defendants’ response to the suit denies “the characterizations and allegations” Davis made in that part of the lawsuit.

The suit alleges that at a meeting in March of 2023, Batchelor “identified” Davis “as terminable based on his race and to use financial reasons as an explanation.” But the defendants denied those allegations.

Davis stated that at the time of the “terminations, there were three white part-time nursing instructors and two other full-time instructors, both African American and over 40.”

Davis alleged that defendants — the school district, Cross and Batchelor — “failed to follow (school district) policy when they determined which employees would be laid off during the reduction in force with little, if any, regard given to employees’ job performance, qualifications, experience and seniority. Indeed, their decisions regarding laying off employees were made in violation of the Ohio Revised Code and Title 7.”

The defendants responded that “during the 2022-23 school year, prior to the reduction in force, the district employed four part-time and three full-time instructors in the nursing program at Choffin.” The defendants “admit that the full-time instructors were African American and over 40 years of age.” The defendants denied the allegations that the school district violated school district policy, Ohio law or Title 7 of the Civil Rights Act.

The lawsuit alleges that the terminated employees were not provided with union notices or information “regarding how the individuals were selected.” But the defendants denied “the characterization … that the district had an obligation to provide (union) notices to the three full-time instructors regarding the reduction in force.” The defendants also denied that the full time instructors were not provided with information regarding the reason for the reduction in force.

The defendants stated that the reduction in force was “necessitated by financial issues impacting the school district.”

Davis alleged that the school district “had no legitimate reason to terminate (Davis) from his Choffin program position, as (the school district) began immediately to hire Caucasian Choffin instructors.”

The suit added, “After his July 2023 termination (Davis) was replaced as a full-time instructor by two part-time Caucasian females in the Choffin nursing program who were less qualified or unqualified younger female employees,” the suit alleges.

But the defendants “deny the allegations” stated in those paragraphs.

The defendants’ response states it has several “affirmative defenses,” including that Davis was “treated the same as other similarly situated employees” and that Davis “did not suffer any type of adverse employment action, injury and / or damages under the law.”

The suit states that Davis was 74 at the time he was terminated and “had made discrimination complaints.” The suit alleges that his “race termination” was “unlawful retaliation” under Title 7. The suit seeks damages “in an amount that will fully, fairly and completely compensate him, including an award of compensatory damages, reinstatement, back pay, front pay” and other compensation.

The suit was filed by attorney Lawrence Mays of Pepper Pike. The school district defendants are represented by Daniel Guttman and Lauren Larrick of Columbus. U.S. District Court Judge Donald C. Nugent and Magistrate Judge James. E. Grimes Jr. are presiding.

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