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May 25, 1970


The opinion of the court was delivered by: Decker, District Judge.


This action was brought under the Civil Rights Act of 1871, 42 U.S.C. § 1983, by Yolande Robbins who had been employed as a probationary teacher by defendant Board of Education of Argo Community High School District #217 in Cook County, Illinois. The complaint alleged that Miss Robbins, a young black woman, was not rehired after the 1968-1969 school year because of her various community activities relating to civil rights. The complaint sought damages of $250,000 from the Board, its members, and the Superintendent of Schools during 1968-1969, as well as injunctive relief compelling defendants to rehire plaintiff. An answer was filed denying the pertinent allegations of the complaint, and a trial was held to the court sitting without a jury on February 12 and 13 of this year.

The legal principles applicable to this case are uncomplicated and now well settled. An individual does not relinquish his First or Fourteenth Amendment rights when he becomes a public school teacher, Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), and if his teaching contract is not renewed because of the exercise of these rights, the Civil Rights Act provides a remedy. McLaughlin v. Tilendis, 398 F.2d 287 (7th Cir. 1968). Thus the ultimate question to be determined in this case is whether plaintiff's contract was not renewed because of her civil rights activities, or whether it was not renewed for other reasons.*fn1

The testimony given at trial, most of it uncontroverted, establishes the following sequence of events. Plaintiff was hired by defendant Lewis, the Superintendent of Schools, to serve as an English teacher for the last half of the 1967-1968 school year,*fn2 and was subsequently given a teaching contract for the next school year. During the 1968-1969 school year, approximately 180 of 1700 students and 6 of 103 teachers at Argo High School were black.

Shortly after the 1968-1969 school term began, racial tensions resulted in student walkouts, fighting and school closing at the high school. Miss Robbins attended and spoke to a meeting of parents of black students on the evening of September 11, 1968. She also spoke out at a faculty meeting held the next day and supported the demands made by certain black students. An agreement was subsequently reached between the administration and the black students resolving these specific grievances. Miss Robbins' efforts were instrumental in obtaining this agreement.

Another black student walkout occurred on October 8, 1968, following a sit-in staged in a school corridor. That evening, plaintiff attended a black student meeting, informed the students of the administration's tentative conditions for their readmittance, and suggested that their parents meet to discuss the issue. Later that evening the parents met and formed a Black Parents Committee, and selected plaintiff as a member. The next day plaintiff attended, at the request of Mr. Lewis, an all day meeting with the Black Parents Committee and the school administration. Agreement was reached for readmitting the striking students, and Mr. Lewis subsequently announced this to all the students by reading a document drafted almost entirely by Miss Robbins.

Plaintiff remained active in the Black Parents Committee and met with the school administration as a member thereof on two or three occasions in November and December of that year. On January 23, 1969 plaintiff was called to the office of defendant Lewis to meet with him and Mr. Kovarik, the head of the English Department. The meeting was called because Lewis had learned that Miss Robbins had devoted 40 minutes of time in one class and 15 minutes of time in another to a discussion, initiated by the students, of the school administration's recent action relieving a teacher (Mr. Breitweiser) of his coaching duties because he had grown a beard. During these class discussions, plaintiff had mentioned that the swimming team could boycott future meets as one alternative course of action. Mr. Lewis informed Miss Robbins that he felt she had used bad judgment in her conduct of these classroom discussions.

At that same meeting plaintiff presented defendant Lewis an unsolicited written statement she had prepared wherein she offered to refrain from critical comment in class, to do nothing to encourage student activism, and to resign from sponsorship of the Black Literature Club and any organization which had "come into conflict with the school." Mr. Lewis initially refused to accept the statement, telling Miss Robbins that it was "degrading", "dehumanizing", and would "put a gag" on her. At her urging, however, he took the statement from her, noting on the face of it his objections to it and noting that he would accept the offered proposals "in some modest degree."

Defendant Lewis' testimony with regard to the meeting, corroborated by testimony of Mr. Kovarik and otherwise uncontroverted, established that Mr. Lewis asked Miss Robbins not to resign from the Black Literature Club or from membership in the Black Parents Committee. He also told her that he did not consider the Black Parents Committee to be in conflict with the school.

Approximately two weeks later, on February 7, 1969, Mr. Lewis attended a meeting of the Black Parents Committee and was asked if a rumor to the effect that Miss Robbins was going to be fired was true. He told the meeting that the rumor was not true and that, in fact, no consideration had been given to firing or re-hiring plaintiff. Plaintiff testified that Mr. Lewis also told the parents that she was an "excellent" teacher. This testimony as to the quality of her teaching, corroborated by Mr. Woody Davis, Chairman of the Black Parents Committee, was directly contradicted by the testimony of Lewis, Mr. Mannot, the Dean of Students, and Margaret Perrin, Mr. Lewis' secretary. Furthermore, no reference to her abilities appears in the minutes of this meeting taken by Mrs. Perrin, and admitted into evidence.

On May 26, 1969, on the recommendation of Mr. Lewis, the members of the Board voted unanimously not to renew plaintiff's contract. Shortly thereafter, Lewis informed Miss Robbins of this decision, and, at her request, told her the reasons behind the Board's decision. The reasons offered were chronic tardiness in the mornings, leaving her classes unattended, making indelicate sexual remarks to her classes, failure to perform hall duty adequately, and holding class discussions of the Breitweiser matter. No mention was made of her participation in civil rights or black students' activities.

To support her contention that the actual motivation behind the decision not to retain her was her activity with regard to black students, plaintiff offered evidence which she claims shows that the school administration was hostile to the exercise of First Amendment rights. For example, it appears that Dean of Students, Mannot, removed a satirical memorandum regarding racially integrated Christmas decorations from Miss Robbins' classroom door, and that Mr. Lewis told her the memorandum was inappropriate because of the immaturity of certain students. Mr. Lewis also criticized Miss Robbins for two offensive sexual references she made when discussing literature with her class. It was also shown that Mr. Lewis suspended a student for having long hair in 1968 and criticized a teacher who objected to this action, and that the school administration prevented the school newspaper from soliciting teacher opinion on questions of dress styles following the Breitweiser affair. It also appeared that Mr. Lewis expressed disapproval of an anti-war song sung by a teacher at a concert and told another teacher that it was "fortunate" he had not spoken up at a School Board meeting wherein Miss Robbins' non-retention was discussed.

To counter plaintiff's evidence of an unlawful motivation for her non-retention, defendants presented evidence to show that plaintiff's performance as a teacher had been unsatisfactory and that the reasons given by Mr. Lewis to Miss Robbins were the actual reasons for her discharge. It was established that Miss Robbins was late in signing in at the school on 140 of the 167 days on which she was in attendance, contrary to school regulations. On one occasion she left school during the day to visit a jailed student, leaving at least one class unattended without signing out, also in violation of school regulations. Miss Robbins also held a party in her classroom on one occasion, in violation of school regulations.

It was further shown that plaintiff was consistently derelict in maintaining and turning in for review her lesson plan book. Indeed, she admitted negligence in this regard in a note to her department head and conceded that it had not been turned in for two and one-half months, although school requirements called for review every two weeks. Plaintiff also failed to maintain a seating chart, which prompted some substitute teachers to ...

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