Suit
alleges school official is a racist
By Jim Tiffin
Staff Writer
GRANTS — Former Laguna-Acoma High School Assistant Principal Teresa
Burns has filed a lawsuit alleging breach of contract and illegal retaliation
by Grants-Cibola County School District Adminstration Kilino Marquez.
The suit names Marquez and the school board as defendants.
Burns alleges that Marquez did not respond to several complaints she
made about former LAHS Principal Lanny Griffith's comments she felt were
racist, discriminatory
against special education students, sexist, derogatory toward school staff
and had a violent temper causing concern for the safety of students.
Burns' attorney, Michael Armstrong, of Albuquerque, said Burns told him she
wanted to file the suit because she felt she was mistreated, was forced out
of a job
and not rehired and wanted to bring Marquez' actions to the attention of the
community.
Armstrong has requested a six-person jury trial in the civil case.
"I am getting calls almost daily, at least two to three a week from other
school district employees who want to sue Marquez and the district," Armstrong
said.
"That school district is a mess. When you get that many calls from employees,
you know something is wrong in the superintendency," he said.
Several calls made to Marquez for comment were not returned.
Attempts to reach school board President Rita Suazo were also unsuccessful.
She is on a two-week vacation with her son who is home from the Army.
"If you look back during the past few months, I have discussed in school
board meetings my lack of confidence in decision of the superintendent," said
Les Gaines, a school board member and outspoken critic of Marquez' leadership.
"This is just one of the indicators of why I feel this way," he said.
Lanny Griffith, reached at his home in Gallup, who is now teaching at Zuni
Intermediate School, said Burns lied about everything to Marquez.
"I heard about the lawsuit but I didn't think she had much grounds," he
said.
"She said all kinds of lies and untruths about me for her own benefit," he
said.
"In hindsight I should have taken my case to the board," he said.
Specific
allegations
The lawsuit details specific allegations and dates Burns said problem
occurred both at LAHS and at the school district.
The suit states Griffith made the following comments about Indians: "Indians
will steal you blind," "Indians are too dumb to go to college," and "All
they (Indians) could do was have kids and eat."
The suit alleges Griffith made the following comments about special education
students: "They are an embarrassment to us," "The parents have
retarded kids and expect us to take care of them," "I don't care what
the law says, they're going to do what I say." The suit also alleges Griffith
yelled at special education students and made other derogatory remarks. It states
Burns was concerned that Griffith's treatment of the students would get the school
into trouble with the government. The suit also states Griffith "disdained" strict
federal and state laws about special education students.
The suit also alleges Griffith made the following, comments included: "He
didn't like either the state monitor or a particular special education teacher
'because they were probably homosexuals,' he wanted 'A cute little shapely
gal' to be at the front desk of the new school."
The suit alleges Griffith made the following derogatory comments: " ...
directing Plaintiff (Burns) to get rid of one staff member because of her
weight and another because of her association with the prior administrator
of Laguna-Acoma
Junior-Senior High School and made fun of yet another staff member because
of her weight and hair styles remarking, 'If you ever have a problem with
someone, tell them what they want to hear and then get rid of them.'"
The suit alleges on at least one occasion in early November 2002, Griffith
was screaming at Burns in front of students and staff and at students
and staff while
flying into rages.
Burns feared Griffith might do physical harm to others and was so concerned
she called Marquez at home in the evening about the issue, the suit states.
Students concerns included that Griffith was abrupt, rude and unpredictable
with students. he would yell at them and was degrading to many by making
an example
out of them in front of other, the suit states.
Dismissing concerns
The suit states Marquez "dismissed Plaintiff's concerns
about Mr. Griffith, saying he believed Mr. Griffith was 'trying to do the
right thing,' Mr. Griffith's heart was in the right place; and the school
is in corrective
action and is putting extra pressure on Mr. Griffith."
The suit states Burns told Marquez she would not keep quiet if the school "was
harmed as the result of Mr. Griffith's discriminatory acts and violent behavior" and
continued to do her job even though Marquez ignored her concerns.
By not taking action or responding to Burns' concerns, the suit alleges
that Griffith's behavior problems increased: "he would start coming in late
almost every day, and some days he wouldn't come in at all; He would never
talk to parents
routing all parents calls to Plaintiff; He hired a friend to teach special
education, and was overheard on two occasions checking his messages with
this friend and
the friend was heard on both occasions saying he was ready to be his (Griffith)
new assistant."
Griffith had allegedly been heard by staff members to say that Burns "wouldn't
be there after Christmas," but denied the remarks when Burns confronted
him telling her she was doing an excellent job, the suit states.
Two days before the Christmas (2002) break, Burns told him if he was
going to replace her after Christmas to let her know. Griffith denied
he was
replacing Burns, the suit states.
In January 2003, Griffith's behavior worsened, the suit alleges, stating
Griffith delegated all administrative duties to Burns including all student
discipline
for seventh- through the 12-grades; all of the athletic director duties;
all the daily flow of business and most of the incoming calls from parents
who
had concerns and wanted to speak to the principal as well as many secretarial
duties.
In mid January 2003, the district office asked for the Free and Reduced
Lunch forms required to be filled out by each family, the deadline had
passed, the
suit states.
While looking for the forms in Griffith's desk, Burns found a letter
from Gary Thompson, the friend who had been hired to teach special education
with comments
about Burns and the football coach's wife, the suit states.
She shared the contents of the letter with the wife and later asked Marquez
whether he and Griffith were conspiring to get rid of her, the suit states.
"Plaintiff's question angered Marquez. Later, Plaintiff and her husband,
who was also present, were directed by Superintendent Marquez into his office
to further discuss the matter. Mrs. Burns told Superintendent Marquez that the
situation at Laguna had gotten worse, and she had too many responsibilities Griffith
had passed off to her, which were his own," the suit states.
It also states Marquez said Griffith never said anything negative about
her and she was doing a "wonderful job."
Burns transfer
At one point, Burns knew of two elementary positions open
at Milan Elementary School and told Marquez she would be happy to be
assigned to either
one of the positions because working with Griffith was becoming increasingly
unbearable, the suit states.
"To Plaintiff's amazement, Superintendent Marquez stated that if she left
and Griffith went off and hit some student, then she would feel responsible," the
suit states.
On or about March 14, 2003, Marquez called Burns into his office and
told her he as giving her and Griffith another chance to work together.
On March 17, 2003, Burns received an "extremely derogatory performance evaluation
from Mr. Griffith. On Tuesday, Plaintiff faxed Superintendent Marquez a letter
regarding the remainder of her contract, and met the next day with Mr. Marquez
and Mr. O'Connell, the personnel director," the suit states.
At that meeting Burns told Marquez and O'Connell she was afraid to return
to work with Griffith, he was unstable and vindictive and she had too
often witnessed
and been subject to his erratic behavior, the suit states.
Marquez told her that to assume a position at an elementary school she
would have to resign her position as vice principal and he would discuss
with the
board's lawyer what pay rate the district would continue to pay her,
the suit states.
She was told to call in sick the rest of the week, which was spring break
and after spring break, according to the suit.
She finished the school year working at the middle school library in
the mornings and home schooling a special education student in the afternoons,
the suit
states.
Burns had previously been at Los Alamitos for two years and interviewed
for the principal's position, which she did not get and was not offered
any other
position
in the school district, the suit states.
Burns also alleges Marquez and the school district breached its own policies
and procedures which created an express/implied contract with her.
The suit states the district breached its contract governing the issuance
and execution of her annual performance evaluation when after reporting
racist
remarks and inappropriate unethical behavior of Griffith.
Finally, the suit alleges that Marquez upheld Griffith's unsatisfactory
performance evaluation, that Griffith told Marquez he wanted Thompson
as vice principal
and Marquez did not support Burns who asked for help and was forced to
resign.
The suit does not ask for specific amount of money, rather it seeks lost
wages, benefits, expenses of looking for a new job, compensatory damages
for wrongful
breach of contract, for emotional distress and retaliatory actions by
Marquez.
The suit also asks for the costs of her suit, prejudgement interest,
attorneys fees and any other relief the court decides.
|
Weekend
March 6 , 2004
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