Malverne school district sued for racial discrimination

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The suit names as defendants the school district, Brown, Superintendent James Hunderfund, who is white, and two white high school administrators, Assistant Principal Vincent Romano and math department Chairwoman Rosalinda Ricca. It lists alleged disparities in Brown’s treatment of his assistant principals, giving more responsibility and opportunity to Romano while excluding Benedith from memos and, thus, important decisions.

It describes alleged retaliation for Besson’s vocal criticisms of Hunderfund, including threats to shut down the entire business department, and recounts Ricca’s alleged preferential treatment of white teachers over Smith and the “discriminatory and retaliatory efforts of the administration” to remove him from the high school. According to the complaint, administrators transferred Smith to the middle school because of his students’ poor performance on one Regents exam question.

The defendants “created a hostile work environment, subjected [the plaintiffs] to an atmosphere for adverse acts and treated them disparately because of their race and good-faith opposition to discriminatory practices,” the suit reads.

"Though we have not yet been served with the suit, and were therefore unaware of it, we believe the claim is without merit," Hunderfund said in a statement. "As this is a pending legal matter, we can provide no additional comment."

Morelli said that the district might not have been served with the suit yet, but that it would be sometime this week.

“I know it’s been going on for a long time,” Morelli said, referring to the district’s turbulent racial history, which began with its forcible integration in 1965. “Based upon what I’ve heard, there's a past. This should bring it to a head, we hope.”

Benedith, Besson and Smith are seeking compensatory emotional, physical and punitive damages. But what they really want, they say, is justice. “We hope to send a message,” Morelli said. “We hope that the school district will take notice and do something about this.”

Click on the attachment below to see the full complaint.

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