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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

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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.

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An Inside Look into How San Francisco Analyzes Homeless Encampments

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles. These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

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Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.
Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

By Magaly Muñoz

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles.

These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

But it’s normal to have tents set up again within less than 24 hours after an encampment sweep, David Nakanishi, Healthy Streets Operation Center Manager at the Department of Emergency Management, says. Sometimes there’s less people than before but often there is also no change.

“Most of the people that were in the encampments that want to go inside, we’ve gotten the majority of those [into shelter],” Nakanishi says. “Many of the people we encounter now, are those who have various reasons to not accept shelter, and some are already in shelter/housing”.

Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

Where neighboring cities in the Bay Area are clearing encampments a few days a week, San Francisco is sweeping 10 times a week, two per weekday.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

Considering the controversy that plagues the city around its harsh policies, the Post decided to tag along on a ride with Nakanishi to show us how he decides what encampments make it on the city’s sweep list.

Nakanishi, having over 20 years of experience in homelessness management, drives around the busiest parts of the city almost daily. He’s tasked with arranging a weekly sweeping operation schedule for city teams to engage with unhoused folks to help get them off the streets.

So what exactly is he looking out for when deciding what encampments get swept?

It depends, he says.

Locations like schools, recreational centers, senior centers, or businesses are places he tends to want to address quickly, especially schools. These are the places where the complaints are highest and access to facilities is important for residents.

He says he also takes into account 311 calls and reports made to him by city staff. On the date of publication, over 100 calls and reports were made about encampments around the city, according to San Francisco data.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Nakanishi made a few 311 reports himself on the ride along, pulling over to take photos and describe the encampments into his 311 app. He says it helps him remember where to possibly sweep next or allows smaller teams in the city to engage quicker with individuals on the streets.

Nakanishi also looks at the state of the encampments. Are there a lot of bulky items, such as furniture, or makeshift structures built out of tarps and plywood, blocking areas of traffic? Is trash beginning to pile up and spill into the streets or sidewalks? Sites that meet this criteria tend to be contenders for encampment sweeps, Nakanishi says.

Street by street, he points out individuals he’s interacted with, describing their conditions, habits, and reasons for denying assistance from the city.

One man on 2nd St and Mission, who rolls around a blue recycling bin and often yells at passing pedestrians, has refused shelter several times, Nakanishi says.

People deny shelter for all kinds of reasons, he says. There’s too many rules to follow, people feel unsafe in congregate or shared shelters, or their behavioral and mental health problems make it hard to get them into proper services.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Nakanishi references another man on South Van Ness under the freeway, who city outreach have attempted to get into shelter, but his screaming outbursts make it difficult to place him without disturbing other people in the same space. Nakanishi says it might be an issue of the man needing resources like medication to alleviate his distress that causes the screaming, but the city behavioral team is in the process of outreaching him to figure that out.

In October, city outreach teams engaged with 495 unhoused people. 377 of those engaged refused shelter and only 118 accepted placements, according to city data. That number of monthly referrals is consistent throughout the entirety of 2024 so far.

Nakanishi has long advocated for the well-being of unhoused people, he explains. In 2004, he was working with the Department of Public Health and told then-Mayor Gavin Newsom that there needed to be more housing for families. Nakinishi was told it was easier to deal with individuals first and the city “will get there eventually.” 20 years later, family housing is still not as extensive as it could be, and the waiting list to get placements for families is a mile long with over 500 names.

In 2020, he was a Senior Behavioral Health Clinician at a hotel in the city during the pandemic. He says in 2021 he collaborated with DPH to provide vaccines to those staying in the makeshift hotel shelters once those became available.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Despite the constant media attention that city outreach is inhumanely treating homeless people, so much so that it has led to lawsuits against San Francisco from advocates, Nakanishi says not a lot of people are seeing the true conditions of some encampments.

He describes soiled clothing and tents, drenched in urine, and oftentimes rodents or bug infestations in places where people are sleeping. He’s asked homeless advocates- often those who are the most critical about the city’s work- who have shown up to observe the sweeps if those are conditions the city should allow people to be subjected to, but not many have answers for him, Nakanishi says.

The city’s “bag and tag” policy allows city workers to throw away items that are “soiled by infectious materials” such as bodily fluids and waste.

Sweep operations are conducted at 8am and 1pm Monday through Friday. People at the encampments are given 72 hour notice to vacate, but some don’t leave the area until the day of the sweep.

City outreach workers come out the day before and day of to offer resources and shelter to those interested. The Department of Public Works discards any trash that is left over from the sweep and washes down the area.

Nakanishi told the Post that the only time the city takes tents or personal possessions from residents is when folks become physically violent towards workers and police take the items as evidence. Other items taken are bagged and tagged in accordance with city policy.

Stories from local newspapers such as the San Francisco Standard and the Chronicle show instances of SFPD handcuffing residents while their items are thrown in the trash or disposing of personal possessions without reason.

Advocates have long been pushing for a more competent and compassionate process if the city is going to choose to continue sweeping unhouse people.

No matter the lawsuits and constant criticisms from allies, the encampment sweeps are not slowing down, even with the cold weather quickly approaching the coastal city.

Nakanishi says there aren’t a lot of large encampments left in San Francisco so now they do runs of streets in order to stretch out the sweeps as much as possible.

It’s calculated strategies and years of first hand knowledge that make this job work, “It takes dedication to the work, caring for the people and the community, and persistence, patience and sometimes good luck to make the positive changes for the people on the street,” Nakanishi says.

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Oakland Post: Week of November 13 – 19, 2024

The printed Weekly Edition of the Oakland Post: Week of November 13 – 19, 2024

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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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LIVE! — TOWN HALL ON RACISM AND ITS IMPACT — THURS. 11.14.24 5PM PST

Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024, 5 p.m. – 6:30 p.m. PST

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Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024
5 p.m. – 6:30 p.m. PST

Discussion Topics:
• Since the pandemic, what battles have the NAACP fought nationally, and how have they impacted us locally?
• What trends are you seeing concerning Racism? Is it more covert or overt?
• What are the top 5 issues resulting from racism in our communities?
• How do racial and other types of discrimination impact local communities?
• What are the most effective ways our community can combat racism and hate?

Your questions and comments will be shared LIVE with the moderators and viewers during the broadcast.

STREAMED LIVE!
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