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Sunday, November 22, 2009

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WILLIAMSVILLE SCHOOLS

Hearing due on discrimination claims against six

NEWS STAFF REPORTER

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A judge will convene a public hearing to determine whether Williamsville School District administrators illegally discriminated against six employees of South High School.

The allegations involve former Williamsville South High School Principal C. Elvin Simmons, who was accused by multiple employees of sex discrimination and illegal retaliation early last year, including one teacher’s charge of sexual harassment.

The state Division of Human Rights issued a finding last month of “probable cause,” meaning the agency believes “illegal discrimination may have occurred,” and the six employees who filed complaints are entitled to a public hearing, said spokesman Manni Kottaram. The hearing date has not yet been set.

Simmons was Williamsville South principal from 1999 to 2008. Shortly after the complaints were filed, he left the school and received paid medical leave until beginning a job in August as principal of Waco High School in Texas.

The state Division of Human Rights opened an investigation of Simmons and the school district after school employees filed discrimination complaints against him, including a harassment accusation by teacher Michelle N. Anzalone of Lockport.

The six employees filed seven discrimination complaints, including five filed against the district with Simmons “as aider and abettor.” Two other complaints were filed against the district alone.

“I believe that these cases have great merit,” said Lindy Korn, the lawyer representing the employees. “We’ve got ‘probable cause,’ and that means we get to go to a hearing, and it is through that process that I believe my clients will achieve justice.”

Aside from Anzalone, the complainants include teacher Kevin Pieters of West Falls; teacher’s aides James D. Bryant and Wendy R. Keisic, both of the Town of Tonawanda; and maintenance employees Laura Pope of Amherst and Matthew Pope of the City of Tonawanda.

After the complaints were filed with the Division of Human Rights, Anzalone was publicly accused by several former students of inappropriate conduct. Anzalone is suing those students and one of the students’ parents for slander.

Simmons’ lawyer, Robert Boreanaz, responded that officials with the state agency never spoke with Simmons during its preliminary investigation. He also described the complaint filers as “disgruntled employees.”

“Unfortunately, the Division of Human Rights never investigated or asked my client any questions,” he said. “The school district has handled the defense, and only the school district.”

District officials declined to comment, citing legal matters.

Boreanaz, however, downplayed the declaration of probable cause.

“All it means is [the employees] made an allegation that is entitled to a hearing,” he said. “There is no conclusion that can be drawn that the allegations are accurate.”

He also clarified that the school district is the defendant in the case, though Simmons is expected to be called as a witness.

stan@buffnews.com


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