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Former High School Administrator Files Federal “Whistleblower” Lawsuit Against OUSD

Cleveland McKinney alleges he lost his job for complaining about “unsafe and discriminatory conditions” at McClymonds High

Published

3 years ago

October 11, 2021

Christy Price

Cleveland McKinney

Cleveland McKinney, a former assistant principal at McClymonds High School in West Oakland, has filed a lawsuit against the Oakland Unified School District, alleging that he was demoted and terminated for exercising his freedom of speech to complain about “unsafe and discriminatory school conditions, including tainted water, disproportionate suspensions of Black children, staff assaulting students, misappropriation of funds (and) sexual harassment of female students.”

“I’m a whistleblower,” said McKinney in an interview with the Oakland Post. “They forced me out once I began to speak up about a lot of the injustices that were going on and how they mistreated the Black community (in West Oakland) in the same way.”

Reached by the Post, the district said it does not comment on pending litigation.

During the time he was facing threats of demotion and loss of his position, several hundred members of the McClymonds community attended a school board meeting to protest the retaliation against him.

McKinney’s complaint was filed in U.S. District Court for the Northern District of California in December 2020 by Sonya Z. Mehta of Oakland civil rights law firm Siegel, Yee, Brunner and Mehta. The lawsuit asks for an unspecified amount of money including damages for lost wages, emotional distress and pain and suffering.

Depositions began in the past few weeks for the case, which is scheduled to go to trial in August 2022. In addition to the district, the complaint names McKinney’s former bosses, OUSD Executive Director of High School Instruction Vanessa Sifuentes and former McClymonds Principal Jarod Scott as defendants.

Prior to facing retaliation and being terminated by OUSD, McKinney had a spotless record as a teacher and school administrator since about 1996, according to the lawsuit.

McKinney was originally hired by OUSD in 2014 to help implement a 2012 Office of Civil Rights complaint against the district for “discriminatory discipline, including unwarranted suspensions, against African American students.”

State statistics indicate that in 2020-2021 McClymonds had 357 students, of whom 78% were Black.

In his position at OUSD, McKinney worked with the Office of Civil Rights and the Department of Education to help create new discipline policies and train teachers how to discipline students.

“McClymonds appointed McKinney the on-site administrator with school-wide responsibility for discipline as per the requirements of the 2012 agreement,” according to the lawsuit.

The relationship between McKinney and his bosses began to deteriorate by Aug. 22, 2016, when he reported that water in McClymonds locker room looked “dirty and orange.”

“(He) requested the water be tested because of his reasonable belief that the water was dangerous and injurious to students,” the lawsuit said.

McKinney and others, including former McClymonds basketball coach Ben Tapscott, pushed for the district to conduct testing of all parts of the school, while students and teachers still used the water.

Officials told school staff there was nothing wrong with the water. “They advised letting the water run for five minutes, even for the cooking water in the kitchen,” though the water was still dirty after letting it run, the complaint said.

An official stated she would not spend $100,000 to fix corroded pipes and that filters would be sufficient, the complaint said.

McKinney also met regularly with his bosses about disproportionate discipline in violation of the 2012 Office of Civil Rights agreement.

“He complained about teachers who were suspending Black students for not having pencils, asking to use the bathroom, talking, or chewing gum – and teachers who needlessly berated Black students.”

He also complained about a staff member who hit students, including punching “a girl in the throat in a meeting with many witnesses.” The administration said there was no merit to the complaint.

McKinney also complained about mismanagement of a $50,000 donation for student activities that was redirected to administrator salaries, a Spanish teacher who knew no Spanish, an extreme mice infestation and an afterschool program that falsely claimed it was providing services to students.

He pushed administrators to refurbish the locker room. The school’s entire football team, which was African American, “had to strip down and change on the football field and leave their equipment on the field due to the abysmal condition of the locker room. Students were forced to strip in front of adults,” the complaint said.

In February 2018, Executive Director Sifuentes told McKinney, “Why are you so concerned about helping these people and everyone? Why don’t you just go along with what we are doing? What do you gain from this?”

In July 2018, McKinney’s bosses at the school moved his office to a space in the basement that was “moldy with a stale stench, (and) the carpet was filthy,” the complaint said.

In that room, he immediately began coughing and wheezing from allergies and asthma.

McKinney met with OUSD Supt. Kyla Johnson-Trammell in September 2018 and December 2018 about his complaints, but she took no action, according to the lawsuit.

In August 2019, McKinney was demoted, removing him from his certificated position as an assistant principal and reclassified to a classified position as a program manager. On March 17, 2020, he was told that he did not have a job for the coming year and that he was terminated due to budget cuts.

“I didn’t have any due process,” McKinney said. “When you speak up for the students and the community, it puts a target on your back, and they come after you.”

The Oakland Post’s coverage of local news in Alameda County is supported by the Ethnic Media Sustainability Initiative, a program created by California Black Media and Ethnic Media Services to support community newspapers across California.

Christy Price

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Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

Published

1 day ago

December 20, 2024

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

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City of Oakland Celebrates Reopening of Main Library

“Libraries are such critical facilities for all Oaklanders, whether it’s children coming to story-time, adults reading the newspapers or borrowing the latest novels, and people engaging with a range of services and programs that the library hosts,” said Council President and District 2 Councilmember Nikki Fortunato Bas. “Such library services and programs are only possible when the facility’s electricity, heating, roof, and lighting are fixed and running efficiently. I’m proud to join this re-opening of our Main Public Library.”

Published

4 days ago

December 18, 2024

Oakland Post

Left to Right- Jamie Turbak, Director of Library Services, LaTonda Simmons, Assistant City Administrator, Nikki Bas, President Oakland City Council, Shen Thao, Mayor of Oakland, Carroll Fife, Oakland City Councilmember District 3, Harold Duffey, Assistant City Administrator, Sean Maher, Projects Coordinator. Photo by Kevin Hicks.

The branch had been closed since May for critical infrastructure upgrades

Special to the Post

The City of Oakland leadership and community partners gathered to celebrate the reopening of the Main Library after completion of critical infrastructure upgrades to enhance the library’s facilities and provide a better experience for patrons.

Renovations include new roof installation, skylight repair, critical electrical system upgrades, new boiler control system installation, auditorium heating and cooling system installation, and improvements to lighting, flooring and ceilings throughout the building.

“This is truly something to celebrate, the reopening of our wonderful Main Library! I congratulate the staff and our partners for this important project to make the Main Library a more comfortable place for everyone for years to come, said Oakland Mayor Sheng Thao. “Thank you to Oakland voters and the California State Library for making these crucial improvements possible.”

“Public libraries are a wonderful resource for our residents, offering a safe space for learning and being,” said District 3 Councilmember Carroll Fife. “It is critical to improve and modernize our libraries so more members of our community can utilize and enjoy them. I’m excited that the necessary renovations to the Main Library have been completed successfully and thank everyone involved, particularly the City team, who helped secured the necessary grant funds for this work.”

“I am proud of the City staff and project partners who kept this important project on schedule and under budget,” said Assistant City Administrator G. Harold Duffey. “The library is an incredibly important resource for our community members, and this project is an investment into the library’s future.”

“December 2nd was a momentous occasion for Oakland Public Library as we proudly reopened the doors of the Main Library following extensive infrastructure repairs,” said Director of Library Services Jamie Turbak. “Closing the Main Library for six months was no easy decision, as it serves as the central hub for our library system and is truly the heart of Oakland. Yet, this renovation was essential, representing more than just physical upgrades—it reflects our ongoing commitment to creating a safe, welcoming space for everyone.”

The City Administrator Jestin Johnson also attended the press conference and signalled his support for the completion of the record-setting completion of the renovations. Gay Plair Cobb, a newly appointed Library Commissioner said the Library represents the soul and brains of our community.

The Oakland Public Library secured funding for these crititcal repairs through a variety of sources. The California State Library’s Building Forward Library Facilities Improvement Program awarded the Main Branch $4.2 million. To comply with the grant terms, the City of Oakland provided matching funds through Measures KK, as approved by the Oakland City Council in October 2023.

The Main Library will host an Open House to celebrate the reopening on February 22, 2025, 10 a.m. – 5:00 p.m.

About the Oakland Public Library

The Oakland Public Library is a part of the City of Oakland in California and has been in existence since 1878. Locations include 16 neighborhood branches, a Main Library, a Second Start Adult Literacy Program, the Oakland Tool Lending Library, and the African American Museum and Library at Oakland (AAMLO). The Oakland Public Library empowers all people to explore, connect, and grow. Oaklandlibrary.org

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Biden’s Legacy Secured with Record-Setting Black Judicial Appointments

His record surpasses previous efforts by his predecessors. President Jimmy Carter appointed 37 Black judges, including seven Black women. In stark contrast, Donald Trump’s first term resulted in only two Black women appointed out of 234 lifetime judicial nominations. The White House said Biden’s efforts show a broader commitment to racial equity and justice.

Published

4 days ago

December 18, 2024

Oakland Post

iStockphoto.

By Stacy M. Brown
WI Senior Writer

President Joe Biden’s commitment to diversifying the federal judiciary has culminated in a historic achievement: appointing 40 Black women to lifetime judgeships, the most of any president in U.S. history.

Biden has appointed 62 Black judges, cementing his presidency as one focused on promoting equity and representation on the federal bench.

The White House said Biden’s efforts show a broader commitment to racial equity and justice.

Meanwhile, Trump has vowed to dismantle key civil rights protections, including the Justice Department’s Civil Rights Division.

“Having the Black woman’s experience on the federal bench is extremely important because there is a different kind of voice that can come from the Black female from the bench,” Delores Jones-Brown, professor emeritus at John Jay College of Criminal Justice, told reporters.

Lena Zwarensteyn of the Leadership Conference on Civil and Human Rights told reporters that these district court judges are often the first and sometimes the final arbiters in cases affecting healthcare access, education equity, fair hiring practices, and voting rights.

“Those decisions are often the very final decisions because very few cases actually get heard by the U.S. Supreme Court,” Zwarensteyn explained.

Biden’s nomination of Justice Ketanji Brown Jackson to the Supreme Court further reflects his commitment to judicial diversity. Jackson became the first Black woman to serve on the nation’s highest court.

Patrick McNeil, spokesperson for the Leadership Conference, pointed out that over half of Biden’s Black female judicial appointees have backgrounds as civil rights attorneys and public defenders, experience advocates consider essential for a balanced judiciary.

Meanwhile, Congress remains divided over the expansion of federal judgeships. Legislation to add 66 new judgeships—approved unanimously by the Senate in August—stalled in the GOP-controlled House until after the election. House Republicans proposed distributing the new judgeships over the next decade, giving three administrations a say in appointments. President Biden, however, signaled he would veto the bill if it reached his desk.

Rep. Jerry Nadler, D-N.Y., argued the delay was a strategic move to benefit Trump’s potential return to office. “Donald Trump has made clear that he intends to expand the power of the presidency and giving him 25 new judges to appoint gives him one more tool at his disposal,” Nadler said.