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LONG v. BOARD OF EDUC. OF PHILADELPHIA

January 20, 1993

EVELYN L. LONG
v.
BOARD OF EDUCATION OF THE CITY OF PHILADELPHIA, CONSTANCE CLAYTON, LORETTA SCUDERI, and FRANCIS J. HOBAN.



The opinion of the court was delivered by: BY THE COURT; MARVIN KATZ

 KATZ, J.

 January 20, 1993

 The Defendants in the above-captioned case have moved for summary judgment in this civil rights action. For the following reasons, I will grant their motion.

 I. Facts

 Plaintiff, Evelyn Long ("Plaintiff" or "Long"), a black female, is a teacher employed by the School District of Philadelphia. Since 1978, her assignment has been to teach special education at Northeast High School. Plaintiff has sued the Board of Education of the City of Philadelphia ("the Board"); Constance Clayton ("Clayton"), the Superintendent of the Board as well as Chief Executive Officer of the Board; Loretta Scuderi ("Scuderi"), Superintendent of District Eight, a unit of the Board; and Francis J. Hoban ("Hoban"), Principal of Northeast High School (and a white male). Plaintiff claims that since 1984 and continuing to the present, Hoban has subjected her to a continuing series of racial and sexual harassment acts and that the Board, Clayton and Scuderi have failed to prevent Hoban from subjecting Plaintiff to this harassment, failed to take corrective action, and failed to properly discipline Hoban for his conduct toward the Plaintiff. Plaintiff has raised 18 specific factual allegations of discrimination in her complaint *fn1"

 (1) During the 1984-85 school year, Plaintiff alleges that Hoban improperly required Plaintiff to be responsible for substitute service in the Music Department and refused Plaintiff's requests, as Special Education Chairperson, for substitute Special Education teachers. See Complaint at PP 13-14.

 (2) During the period of 1984-88, Plaintiff alleges that Hoban denied Plaintiff extra-curricular pay, despite her assignment of the extra-curricular duties as Special Education Chairperson and despite the fact white employees and male employees received such compensation. See Complaint at P 15.

 (3) On October 16, 1986, Plaintiff alleges that Hoban charged Plaintiff with falsification of her roster. See Complaint at P 16.

 (4) On January 27, 1988, Plaintiff alleges that Hoban gave Plaintiff an unsatisfactory rating without cause and improperly removed Plaintiff from her position as Special Education Department Chairperson. See Complaint at PP 17-19.

 (5) In February 1988, Plaintiff alleges that Hoban directed Scuderi to place false documents in Plaintiff's personnel file. See Complaint at P 20.

 (6) In April 1988, Plaintiff alleges that Hoban failed to give Plaintiff a Biology roster for the 1988-89 school year, even though she had requested the position and had the proper seniority. The position was given to a white female with less seniority. See Complaint at P 21.

 (8) On June 9, 1988, Plaintiff alleges that Hoban gave Plaintiff an unsatisfactory incident report, regarding an analysis of her teaching performance of a class which she was required to teach but was not qualified to teach. See Complaint at P 23.

 (9) During the summer of 1988, Plaintiff alleges that Hoban directed a custodian to break the lock on Plaintiff's locker although the school had a copy of the key for the lock. See Complaint at P 24.

 (10) On October 18, 1988, Plaintiff alleges that Plaintiff wrote a letter to Clayton regarding Hoban's harassment and requesting an appointment to review these matters. Plaintiff further alleges that no appointment was given and Clayton took no steps to correct the problem. See Complaint at P 25.

 (11) In March or April 1989, Plaintiff alleges that Plaintiff wrote a letter to Scuderi requesting action be taken against Hoban, and that no investigation nor action was taken. See Complaint at P 26. *fn2"

 (12) On May 17, 1989, Plaintiff alleges that Hoban admonished Plaintiff for arriving late to the auditorium for an assembly, when Plaintiff had been early but had to take a student to the dean's office. See Complaint at P 27.

 (13) In June 1989, Plaintiff alleges that Hoban required Plaintiff to relinquish certain textbooks, which were given to a white female teacher. In September 1989, Hoban instructed her not to distribute any textbooks until she received further notice although to Plaintiff's knowledge no other teachers received a similar instruction. See Complaint at P 28 and 31.

 (14) On June 5, 1989, Plaintiff alleges that the Assistant Principal at the direction of Hoban admonished Plaintiff for missing a scheduled meeting, despite the fact Plaintiff notified the Assistant Principal of a scheduling conflict. See Complaint at P 29.

 (15) In June 1990, Plaintiff alleges that Plaintiff was not given her preferred roster despite her seniority ...


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