After being disciplined by his school district for violating a "controversial issues" ban and discussing racism and homophobia in class, San Leandro Teachers Association member Karl Debro didn't fume or mourn. He sued.
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Karl Debro
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As a result, Debro recently received a $1,155,000 settlement from the district for infringing on his free speech and engaging in "retaliation, racial discrimination, fraud, malice and oppression."
Debro was initially reprimanded and disciplined in 1998 for violating the district's ban on discussing controversial issues in class, but continued to teach English at San Leandro High School, despite the harassment he endured.
"To leave would have been telling the kids the wrong thing," he says. "I was sponsor of the Gay-Straight Alliance. Leaving would have sent a message that 'my comfort is more important than your safety.' I couldn't let that narrow-mindedness win."
Instead, he filed suit, arguing that the district's controversial issues policy was unconstitutional.
On Aug. 8 of this year, Alameda County Superior Court Judge Bonnie Sabraw ruled against the district. A jury found that Superintendent Thomas Himmelberg had violated Debro's free speech and association rights, retaliated against him and discriminated against him. At that time, he was awarded $500,000 in emotional damages. It was when the trial was about to move into the punitive damages phase that lawyers for the school district offered a settlement Aug. 27.
Included in the settlement is an agreement by the district to implement mandatory training for students and staff on diversity, including equality, respect and safety for gay and lesbian students and staff. Despite the lack of movement thus far on implementing the new training program, Debro has sensed a change in the environment.
"I think teachers understand they are more protected than they were before," says Debro, who received a lot of support from fellow faculty members during his tribulations. "They need to understand they have to protect their First Amendment rights."
But Debro also notes that the faculty itself has changed during the course of his suit. An influx of new teachers, many of whom reflect the diversity of the students and are much more willing to address racism and homophobia, has produced positive changes in the school environment.
When Debro ran afoul of the district's controversial issues ban, he was a minority on a largely white staff. In the preceding decade, the proportion of whites in the student population had shifted dramatically from 75 percent to 20 percent. The mix made for a lack of tolerance and understanding all around.
The superintendent conducted what Debro considers a sham investigation, during which two sets of parents came forward to complain that he had discussed race and gay issues with students in his honors English class. "I was accused of disrespecting the race and sexual orientation of the parents," Debro says, noting that the superintendent never asked any of the students who witnessed the allegedly offensive conduct about the substance of the discussion. In fact, discussions of racism and homophobia are promoted in the state's Education Code.
The district concluded that Debro was guilty of unprofessional conduct, even though white faculty members told the school board that they were having the same discussions in their classes. Some not only threatened to resign, but actually did so in response to the retaliation Debro experienced.
"The big problem," says his attorney, Julia Sherwin, "is that the policy was completely vague. There was no training or guidance on what a controversial issue even was. Under the policy, teachers would have to go to the superintendent before they talked about anything controversial."
In this case, the superintendent "distributed the policy after disciplining me for violating it," says Debro.
Sherwin praises Debro for taking on the district. "He was teaching in a school environment that was hostile to gay and lesbian students. He stepped up and said this was unacceptable and that students were entitled to respect."
The news of the settlement "sends a strong message to teachers in California that they not only have the right to talk about tolerance and student safety, but a legal responsibility."
Dale Martin
