3819
(2 votes, average 4.00 out of 5)
Written by Lisa Neff, Staff writer
Nov 3, 2011
Racine middle school teacher Halli N. Stewart. – Photo: Scott Anderson (c) The Racine Journal Times
Racine middle school teacher Halli N. Stewart says if her school district wants to protect students from bias and bullies, then it must also protect its teachers.
Stewart, 34, of Brookfield, has filed two complaints alleging discrimination based on sexual orientation with the equal rights division of the Wisconsin Department of Workforce Development.
A complaint filed in August 2010 alleges discrimination by an administrator at Mitchell Middle School, where Stewart teaches remedial reading. A second, more recent complaint alleges that Stewart suffered retaliation for filing the initial complaint against the Racine Unified School District, the state's fourth largest.
In February, a state officer found probable cause that the discrimination took place.
That finding led to settlement talks between Stewart and district officials, but the sessions did not result in a final agreement or an admission of wrongdoing on the district's part.
"The district does not engage in nor does it condone discriminatory practices," said Stacy Tapp, communications director for the district. "The district did not discriminate against Halli Stewart."
If there is no settlement reached, the matter likely will be decided in a state hearing.
IN THE SCHOOL
Central to Stewart's primary complaint is the allegation that then-assistant principal Leslie Jensen mistreated her because she's a lesbian.
Stewart was transferred to Mitchell in August 2009. "Almost immediately I sensed that this assistant principal had some kind of issue with me," she said.
Stewart said that in the spring of 2010, she complained to Jensen that a student had threatened her life and asked to have him removed from her classroom.
But Jensen refused, instead accusing Stewart of fabricating the story to get back at the boy for using the word "faggot," she said.
Jensen, however, did act when a heterosexual teacher raised concerns about the same student.
Subsequently, Stewart began to identify a pattern of harassment. On a day when a highway accident made many commuters on the faculty late for class, Stewart said she was the only one to receive a reprimand from Jensen. When she took family medical leave to care for her partner, who had been diagnosed with breast cancer, Stewart said Jensen inquired about her absence and told other staff that Stewart had no right to take time off to care for a girlfriend.
Before she filed a complaint with the state, Stewart said she sought to resolve the issue within the district. She filed a harassment complaint in July 2010, but said no action was taken.
The district, in response to Stewart's initial complaint, stated that Jensen was unaware of Stewart's sexual orientation when some of the incidents were alleged to have occurred. The district also said that Jensen investigated but could not substantiate Stewart's claim that the student in question had threatened her life.
Also, the district alleged that Stewart, an employee since August 2006, began an unauthorized investigation of how administrators handled disciplinary issues with a particular student and neglected her teaching duties.
The initial state review, however, found "it appears the Complainant's internal complaints only triggered investigations of the Complainant, rather than attempts to eliminate anti-gay sentiment within the Respondent's school."
Equal rights officer Kelly Bocanegra wrote there is probable cause the district violated the state fair employment law by discriminating against Stewart because of her sexual orientation – and also because she opposed a discriminatory practice.
After the probable cause determination, Stewart and district officials "attempted to mediate the dispute with the help of an administrative law judge," said John Dipko of the WDWD. "A settlement was not reached. The dispute is now awaiting hearing."
DEAL-BREAKER
In discussing a settlement, the district offered to increase its anti-discrimination training.
"We have already taken steps to do this," Tapp said, also stating that the district adheres to its anti-discrimination policy, which includes sexual orientation.
A deal-breaker on the settlement was the district's requirement that Stewart sign a letter forbidding her from referring to her sexual orientation with students.
"We do not permit any staff to discuss sexual conduct in class," Tapp said.
To Stewart, the ultimatum was like a schoolhouse version of "don't ask, don't tell."
"I feel this is important," she said. "It's extremely important for gay students to know there is somebody in the school to talk to. That's why I refused to sign that statement. I didn't feel good about that."
Stewart also wants commitments from the district that Jensen, now a principal at a Racine elementary school, never again will be her supervisor and that the district will do more to protect teachers and students from bullying and bias.
"I love the part of my job that deals with kids," Stewart said. "I love every day coming into the classroom and working with the kids."
