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Whistle Blowing Teacher Says He Faces Firing for Revealing Discrimination

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Brian Crowell, a Berkeley High School history teacher, is locked in a fight with his school and district over the Berkeley Peer Assistance and Review (B-PAR) program, which was originally designed to help underperforming teachers improve their teaching.

 

But he says the program – as it operates in practice – is punitive, arbitrary and discriminatory and that it harasses and targets African American and older women teachers and pushes them out of their jobs.

He said he was aware of teachers who are placed in the program “who are forced to resign or retire,” he said. “That’s the real purpose – not to improve your teaching practice. That’s a total lie.”

Crowell has taught 9th and 10th grade history classes at Berkeley High School since 2007 and been teaching for 14 years.

An elected building rep – shop steward – for his fellow teachers since 2009 at Academic Choice – the biggest of the schools into which Berkeley High has been subdivided – he began to represent teachers who were subjected to the PAR process and soon began to advocate to shut it down.

“I thought there was discrimination (in the way) people were being referred to PAR,” he said in an interview with the Post.

Photo from City of Berkeley Website.

Berkeley High School. Photo from City of Berkeley Website.

“It’s a horrible process,” Crowell said. “It is not a program for helping teachers. It is a program of forced retirement and discrimination.”

“Nobody has ever said: ‘PAR has made me a better teacher.’ Ever. Nobody has ever said: ‘It helped me,’” said Crowell. Instead what he heard from teachers was: “It’s like being in prison. It’s hell. It’s twilight zone. It made me want to quit.”

Defending B-Par, School Board Director Karen Hemphill told that Daily Californian newspaper that the program is designed to fairly evaluate underperforming teachers and allows teachers to improve their teaching after receiving unsatisfactory evaluations instead of dismissing them outright. The B-PAR panel is made up of both teachers and administrators who jointly make evaluations.

Though he was a building rep, Crowell has not had the backing of his union. The union president serves on the B-PAR panel, and the union does not represent teachers who have complaints about the process, he said.

Crowell, who was popular with students and always received excellent job evaluations, soon found himself in B-PAR’s crosshairs when he began to demand demographic data on which teachers were assigned to the program.

Denied the information despite a Public Records Act request, he finally was able to receive the data after he talked to and received support from the school board president.

Only a few days after receiving the information last spring, his department chair came to his classroom and cursed him out in the hallway, within earshot of his students, said Crowell.

He also received notice he was being placed in the PAR program, accused of “unprofessional behavior” for giving a couple of classes high grades and for 2 weeks of clerical errors in taking attendance, he said.

“Proving retaliation is never easy, (but) there was immediate retaliation,” he said. “They started the investigation on me the same day that I got information,” he said.

What the B-Par data revealed was startling. Almost all (20 out of 22) of the women in B-PAR since 2002 were over 55 years of age. Almost all of the teachers in B-Par had high levels of experience and education, which meant they placed higher than average on the salary scale.

In addition, 24 percent of the teachers in B-Par (10 of 41) were African American, though only 6.5 percent (39 out of 604 in 2010) of Berkeley Unified teachers were Black.

“I’m a whistle blower,” he said. “I’m proud. This is happening because I blew the whistle on this problem.”

However, the constant stress has taken a toll on his health, says Crowell, who has been on medical leave since September.

What it does to your health is devastating,” he said. “When I came back to work (last) fall, they were harassing me. They were trying to get me to curse at them, get me angry so they could fire me.”

It was clear they were saying: “He’s a trouble maker. Go after Brian,” he said. “But I was trying to make the union stronger. I was trying to give the teachers their power back.”

The son of two educators, Crowell is married to an elementary school teacher, and the couple has two children who go to school in Oakland.

The practice of B-PAR, though not necessarily the written policy, makes someone who is placed in the process into a second-class citizen, says Crowell.

“You are evaluated every single year for the rest of your career,” compared to other teachers who are evaluated every second year. “You can’t have a student teacher. You can’t be a union rep. You can’t file a grievance against anything that happens in the PAR process. You’re considered a bad teacher by your colleagues.

“This is how it plays out in practice.”

Crowell says he is going through the legal process. He has filed complaints against the district for discrimination and against the union for failure to represent him.

If those complaints are rejected, he plans to go to court

Berkeley Unified has not responded the Post’s questions about B-PAR, and according to a staffer at the Berkeley teachers’ union, “Because of pending litigation against the union, our attorney has advised us not to comment.”

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Activism

A Student-Run Group Provides Critical Support Services to Underserved Residents

Those visiting The Suitcase Clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers. Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.

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UC Berkeley Law Students help a clinic visitor with legal advice at their Tuesday night services. The Clinic offers a variety of resources, including medical, to those in the community who have little access to these services. Photo by Magaly Muñoz
UC Berkeley Law Students help a clinic visitor with legal advice at their Tuesday night services. The Clinic offers a variety of resources, including medical, to those in the community who have little access to these services. Photo by Magaly Muñoz

Part One

By Magaly Muñoz

Every Tuesday evening, the dining hall of First Presbyterian Church fills up with dozens of people eating, laughing and moving from table to table, receiving much-needed services from UC Berkeley students – just a few blocks away from the university’s campus.

Individuals seeking support services can be found in this multi-stationed room on the south end of the church talking to law students, student case managers, or receiving medical attention in a corner by healthcare professionals.

This weekly event is hosted by Cal students through a volunteer-run program called The Suitcase Clinic.

The clinic, founded in 1989, was intended to offer free resources to underserved communities in Berkeley and surrounding cities. The majority of the clinic’s clientele are unhoused or low-income people looking for extra support.

Those visiting the clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers.

Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.

During their tenure in the program, many of the students say they become strong advocates for homelessness rights.

Visitors of the Suitcase Clinic can receive haircuts and foot washing by student volunteers every Tuesday evening. Photo by Magaly Muñoz.

Visitors of the Suitcase Clinic can receive haircuts and foot washing by student volunteers every Tuesday evening. Photo by Magaly Muñoz.

“We’re also standing in solidarity with them. So, it’s not saying, ‘I’m going to help you, but I’m also going to stand with you,’” Golchini said.

Student volunteers get extensive training prior to working directly with clients. Those interested have to take a semester-long class to become versed in areas such as outreach, intersectionality, how to interact with unhoused people, how to sign people up for social services. and more.

Volunteers then get to pick from three different clinics: General, Women’s, or Youth and LGBTQ+.

The General Clinic is the most popular among visiting residents, while Women’s and Youth/LQBTQ+ have more specialized services for attendees.

The Women’s Clinic has many of the similar services to General, but also includes nail painting, childcare, and massages.

The Youth and LGBTQ+ Clinic offers a safe space for young people navigating living on the streets, with services that include housing referrals, wellness and recreation classes and employment resources.

Golchini explained that it’s important for them to keep these clinics separate because the different demographics experience poverty and homelessness differently than those who visit the General Clinic.

Suitcase Clinic student workers posing for a photo with a frequent clinic attendee. The Clinic is open to Berkeley unhoused and low-income residents who need medical or legal service, or a hot meal. Photo by Magaly Muñoz.

Suitcase Clinic student workers posing for a photo with a frequent clinic attendee. The Clinic is open to Berkeley unhoused and low-income residents who need medical or legal service, or a hot meal. Photo by Magaly Muñoz.

“We’re able to provide spaces where people can come in and feel safe and not feel like they’re constantly worried that something’s going to happen to them,” she said.

An outreach team also visits encampments every other Saturday in the Berkeley area to provide hygiene kits and encourage people to visit the in-person clinic, if possible.

However, Golchini said engagement has been low for some time now due to a recent decision by the U.S. Supreme Court that allows cities to ban and cite people for sleeping on the streets.

She said a lot of their clientele got displaced to other cities over time, making it difficult to stay in contact with the services the Clinic was providing for them.

But that hasn’t slowed down the students at the Clinic, if anything, it has pushed them to do more for the community they serve.

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Arts and Culture

Promise Marks Performs Songs of Etta James in One-Woman Show, “A Sunday Kind of Love” at the Black Repertory Theater in Berkeley

“The (show) is a fictional story about a character named Etta, aka Lady Peaches,” said Marks. “She falls in love with Johnny Rhythm, leader of the Rhythm Players Band and headliners of Madam G’s Glitta Lounge.” Marks channeled the essence of Etta James, singing favorites such as “Sugar on the Floor” and “At Last.”

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Photo Courtesy Of Promise Marks.
Photo Courtesy Of Promise Marks.

Special to the Post

It was “A Sunday Kind of Love” at the Black Repertory Group Theater in Berkeley on Saturday night, Dec. 7. The one-woman musical based on the music of Etta James featured the multi-talented singer Promise Marks

Marks, who wrote and directed the musical, also owns PM Productions.

“The (show) is a fictional story about a character named Etta, aka Lady Peaches,” said Marks. “She falls in love with Johnny Rhythm, leader of the Rhythm Players Band and headliners of Madam G’s Glitta Lounge.”

Marks channeled the essence of Etta James, singing favorites such as “Sugar on the Floor” and “At Last.”

In between her soulful songs, Marks narrated impactful moments of the love story and journey of blues and forgiveness.

Marks sultry voice carried the audience back to an era that echoed with the power of Black music and a time of great change.

Marks said James shared love for the Black community by singing at gatherings during the Civil Rights Movement uplifting the people.

“She spoke to the movement, spoke to the people, and let her music speak for itself,” Marks said.

Backing the musical’s monologues, images and videos of Etta James are projected for the audience to view. While the production is fictional, Marks infused script with the unfairness and heartbreak James experienced while performing.

Marks performed gospel artist Donnie McClurkin’s “We Fall Down” as she narrated acts of reconciliation and forgiveness among the characters at Johnny Rhythm’s deathbed.

Marks, who regularly sings for the Miss America Pageant, was asked to perform as Etta James last year. “(At the event) a lady yelled out to me: ‘You’re Etta James!’ And then the audience went crazy. I said to myself, ‘I may have something here,’” she said.

Within 12 months, Marks created the musical production, which featured a dozen songs honoring “the great legacy of Etta James,” she said.

Marks says she was saddened to see how Etta James was often judged by the struggles in her life and wanted to offer attendees a more layered view.

“Etta’s life was so big. I want people to know that she was more than her drug addiction,” said Marks. “We can’t make that her legacy. Her catalog is too amazing. You can’t just be that and have the catalog that she (created). I don’t want the addiction to be the focus: I want her music, her element, her sassiness, and what she brought to be the focus – her woman-ness, that she was strong, and I wanted to honor that.”

Set Designer Nora Burnette says she created the set segments to mirror James’ life story. A set designer for BRG since 2016, she explained that her process of researching the scenario and the character serve as her inspiration for her design.

“I try to design a set as close to real life as possible so that the actress can deliver the performance sincerely,” said Burnette. “By creating the right setting, it helps the actors release the true essence of a character.”

The set brought the story to life and absolutely floored Marks. “Once Promise (Marks) saw the actual set, she understood my vision: ‘Wow, you get me. You get it,'” Marks told the designer.

Born Jamesetta Hawkins, Etta James, began her career in 1954 and gained fame with hits such “At Last” and “I’d Rather Go Blind.” She faced a number of personal problems, before making a musical comeback in the late 1980s with the album “Seven Year Itch.”

Co-producer and BRG Development Director, Sean Vaughn Scott, works with Overseer Production. According to producer Pamela Spikes, “Marks talent truly does Etta’s life story justice.”

Pam Jacobs of Hercules, a friend of Marks’ mom, Jackie Smith, said, Marks “was fabulous and sang all of those songs flawlessly.”

“I’m so proud of my daughter,” said Smith.

Marks, who has served as an instructor for BRG, will return on Feb. 21- 23 for an encore run of the musical.

“It’s an honor to be a part of the BRG (Black Repertory Group) family and continue our executive director Dr. Mona Vaughn Scott’s vision for the Black Repertory Group theater,” said Marks.

The Black Repertory Group Theatre is located at 3201 Adeline St., Berkeley, CA 94703. For information, visit: BlackRepertoryGroup.com

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Activism

BWOPA Honors Black Leadership and Legacy at 2024 Ella Hill Hutch Awards Dinner

On Dec. 5, BWOPA held its Annual Ella Hill Hutch Awards Ceremony, at the Fairmont Claremont Hotel in the Oakland/Berkeley Hills. At the event, the group comprised of Black women from various professional backgrounds, honored distinguished local and state leaders whose contributions have shaped civic engagement and advanced critical social issues impacting Black communities.

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L-R: BWOPA State Executive Director LaNiece Jones; State Asm. Mia Bonta; BWOPA 2024 Man of The Year/Urban League SFBA CEO Ken Maxey; BWOPA State President Hon. Dezie Woods-Jones; State Senator Lola Smallwood-Cuevas; Rowena Brown, Oakland Councilmember At-Large, Elect; BWOPA State Regional Director Vashone Huff. Courtesy photo.
L-R: BWOPA State Executive Director LaNiece Jones; State Asm. Mia Bonta; BWOPA 2024 Man of The Year/Urban League SFBA CEO Ken Maxey; BWOPA State President Hon. Dezie Woods-Jones; State Senator Lola Smallwood-Cuevas; Rowena Brown, Oakland Councilmember At-Large, Elect; BWOPA State Regional Director Vashone Huff. Courtesy photo.

By Oakland Post Staff

Black Women Organized for Political Action (BWOPA) is a statewide non-profit advocacy and membership organization committed to solving problems affecting Black Californians.

On Dec. 5, BWOPA held its Annual Ella Hill Hutch Awards Ceremony, at the Fairmont Claremont Hotel in the Oakland/Berkeley Hills.

At the event, the group comprised of Black women from various professional backgrounds, honored distinguished local and state leaders whose contributions have shaped civic engagement and advanced critical social issues impacting Black communities.

The evening was hosted by Dr. Shawna Charles, founder of The Charles Communications Group (CCG) headquartered in Los Angeles. Charles served as mistress of ceremonies.

With a track record of elevating voices and empowering communities, Charles’ leadership and insight brought a certain dynamism to the celebration.

“Each year, this event not only celebrates the enduring legacy of our beloved BWOPA founding member, Ella Hill Hutch, but also reaffirms and amplifies our unwavering commitment to building and sustaining Black political power across California,” said Dezie Woods-Jones, BWOPA founding member and State president.

“Ella Hill Hutch’s trailblazing leadership continues to inspire us as we forge ahead, empowering Black women to lead, advocate, and shape a more equitable future for all,” added Woods-Jones.

This year’s event introduced the DWJ Rising Star Award, honoring young leaders like Solano County Board Supervisors-elect Cassandra JamesDanielle Motley-LewisNaomi Waters and newly elected State Assemblymember elect Rhodesia Ransom (D-Stockton).

According to organizers, the awardees all exemplify “the next generation of changemakers.”

Other awardees included:

  • Lifetime Achievement Awardees: Congresswoman Barbara Lee (D-CA-12) and Alameda County Supervisor Keith Carson
  • Man of the Year: Kenneth Maxey, CEO of the Greater SF Bay Area Urban League
  • President’s Corporate Award: Yvette Radford, Kaiser Permanente
  • In the Spirit of Ella State and Chapter Awards:  Dr. Carolyn Greene, Dr. Marcella K. Smith, Dr. Carolyn Drake, Tinisch Hollins, Jackie Jones, Gloria Burgess Johnson, Tamika L’Ecluse, Ellen Nash, Betty Reid Soskin, and Ay’Anna Moody.

BWOPA also celebrated local champions across its chapters, including leaders in voter education, healthcare, criminal justice reform, and community advocacy.

In a statement, BWOPA said, “Honoring Ella Hill Hutch’s legacy, BWOPA recognizes her pioneering efforts as the first Black woman elected to the San Francisco Board of Supervisors. Her tireless work amplifying underrepresented voices continues to inspire BWOPA’s mission to build Black political power across California.”

“We extend our heartfelt thanks to our members, partners and allies who believe in BWOPA’s vision to invest in building power for Black women’s leadership,” said LaNiece Jones, BWOPA State executive director. “Your support ensures that Black women have a voice at decision-making tables locally, regionally, statewide, and nationally, advancing diversity and equity in leadership spaces.”

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