By MIKE RUSSO
The jury did not find Brown guilty of sexual harassment or the alleged comments. It based the award to the former employee, Cheryl Farb, on what it described as intentional infliction of emotional distress by the principal. The jury ruled on May 7 that Brown had retaliated against Farb after she filed complaints against him, which ultimately led to her termination.
Farb, 49, was hired as the middle school's first-ever dean of students in the summer of 2002 and, according to her attorney, Rick Ostrove, received two excellent reviews from Brown, to whom she directly reported. Soon after Farb's second review, Ostrove explained, Brown made a number of racially and often sexually charged comments, according to Farb. In October of 2003, Farb submitted a complaint to the district office. When Brown found out about the complaint, Ostrove explained, he launched "a campaign to besmirch" Farb.
Ostrove said that Brown harassed her at work, making her life miserable. During one administrators meeting, Ostrove said, Brown and another administrator bet to see who could make Farb cry first, and then laughed hysterically when she did.
"The principal went after her hard; he tortured her," said Ostrove. "These are the people who are in charge of our children. These are the people we've entrusted the care of our kids to, and this is what they're doing with their time."
An emotional Farb told a small gathering of reporters at Ostrove's law office on May 8 that losing her job was one of the most difficult experiences of her life. She said she felt scared and lost, and suffered depression and anxiety so severe that she moved to Arizona, where she had attended college, to find a new job. Farb said she was upset that Brown is still the principal, but most of all, she said, she misses the children and the parents with whom she had formed close bonds.
"Everything I did in that school ... everything I said," Farb said, fighting back tears, "every part of my being was for those children, and I never got to say goodbye."
The jury also awarded $250,000 to Farb's husband, Harold Newman, citing a loss of consortium, which, Ostrove explained, can be awarded to a person whose spouse's emotional distress affects his or her ability to be an effective spouse.
Ostrove said that the $5 million - $4 million of which will be charged to the district and $1 million is punitive damages against Brown - was only for emotional damages she suffered, and he intends to push for financial damages Farb claims after she was fired.
Louis Silverman, an attorney representing the school district, said that the school board had investigated Farb's claims against Brown, and that in 2004, former Superintendent Dr. Kathy Weiss released a report stating that Farb's claims were unsubstantiated. Silverman added that he intends to fight for a reduction in the settlement.
"What the jury was saying was there was no sexual harassment, there was no racial discrimination and there was no hostile work environment," Silverman said. "We are in the process of making a motion to set aside the verdict on a number of grounds."
Baldwin Board of Education Vice President B.A. Schoen said that he could not discuss the matter in detail due to the ongoing litigation, but added that the board would likely take a look at the case in the near future. "The board hasn't gotten anything in writing about [the case] yet," Schoen said. "Any legal matters we discuss in executive session, and I'm sure we'll discuss this."
Calls to Brown at the middle school were transferred to the district office, which released the following statement:
"While the Baldwin Board of Education and Administration are taking this situation very seriously, we ask you not allow some of the misinformation by the media to undermine your confidence in the district's leadership. When the district is convinced that allegations against the district or its employees are without merit, we mount a strong defense, and we are still in the midst of just such a defense, which is why we have not been able to comment on this case.
"However, we must make clear that Principal James Brown was not found responsible for any sexual, gender, or race harassment of any kind. ... This case is not final, and the litigation is ongoing.
"Because one of the most significant responsibilities of the school board is to protect the assets of the district, we retain independent council and are covered by insurance against these types of claims."
Cristina Schmohl, a district spokeswoman, said that because the district has insurance, any money paid to Farb would not come out of the district budget.
Residents expressed differing views on the case. Guen Pieters, whose son attends Baldwin Middle School, said she found Brown to be a very caring and proactive administrator. Pieters admitted that she had a perception of the school district as somewhat racially divided, but Brown had convinced her that wasn't the case.
She added that she believed the allegations were made because people had a problem with Brown's race, and that some school officials felt they had been passed over when Brown became principal. "The issue here was not sexual harassment," said Pieters. "I think it was, 'How did this black man get this position?' But everybody loves him now. Everyone knows who he is and what kind of person he is. He's doing a great job for all the children."
But Nancy Gulfoyle, another parent, said she believes Brown is guilty of all the charges. Gulfoyle said that Brown should have been fired six years ago when the allegations against Brown first came up, and she is disappointed that he remains there today.
"I go around the neighborhood and all the people are saying how bad our schools are," Gulfoyle said. "I don't believe that. I graduated in 1979 and I still believe in our school system. But the parents have to step up and attend the meetings so we can change things."
Future hearings in the case have not yet been scheduled.
Comments about this story? MRusso@liherald.com or (516) 569-4000 ext. 283.
