Jury awards former Troy teacher $2.4 million

 

By Jennifer S. McDonald

C & G Staff Writer

     A former Troy Athens High School teacher was awarded more than $2 million after a federal jury said her contract was not renewed because of her race April 28.

     Oxford resident Agnes Auvenshine, 40, who is Chinese, received the award after she filed a suit claiming Athens High School Principal Catherine Cost violated her federal civil rights by referring to her heritage on many occasions.

     “Auvenshine filed her claim because, she said, over the last two years, there were four incidents where Dr. Cost acknowledged her culture, race or national origin (and said it) impacted her ability to teach and to fit in with the Athens High School staff,” said Auvenshine’s attorney, Joseph Golden, of the Southfield firm Sommers, Schwartz, P.C. “That’s a violation of both state and federal laws.”

     A jury of five women and three men voted 7-1 to grant Auvenshine punitive, economic and non-economic damages. Cost and the Troy School District were ordered to pay $1.2 million each. A total of $600,000 in punitive damages, $1,539,390.19 in economic damages, and $300,000 in non-economic damages were awarded. Punitive damages are often awarded in cases of malice, Golden said.

     Auvenshine’s contract as an Athens probationary math teacher ended in June 2002 and was not renewed. The suit was filed in October of that year.

     The school district is considering an appeal, Director of Community Relations Tim McAvoy said in a prepared statement, because the ruling is opposite arbitrator John Lyons’ findings and a 2002 Equal Employment Opportunity Commission investigation.

     The district and Auvenshine entered into arbitration after a complaint was filed on Auvenshine’s behalf.

     “Pursuant to the teachers’ collective bargaining agreement, a teacher can file a grievance if he/she believes any of the expressed working terms or conditions have been violated,” McAvoy stated. “Auvenshine filed a grievance contesting the non-renewal of her contract on the basis that it was arbitrary and capricious.”

     In 2004, the arbitrator found that Auvenshine was not released because of her heritage but because of her performance as a teacher, McAvoy said.  He said Lyons conducted a five-day hearing, ultimately denied the grievance and stated, “There is no competent evidence to conclude that the evaluations, and thus the ultimate decision, were founded on prejudice, preference, impulse or whim.” 

     “After a lengthy hearing over several days, the arbitrator found that the reasons for not renewing the plaintiff’s employment as a probationary teacher were her continuing performance deficiencies in such areas as lesson preparation and delivery, management of student behavior in her classes, and her overall approach with students,” McAvoy said.

     But Golden said that prior to the lawsuit, the arbitrator found discrimination against Auvenshine and the arbitrator specifically avoided any evidence of testimony on the issue of discrimination, because that matter was to be addressed in court.

     “The arbitrator found that the board did not actually act in an arbitrate manner. The arbitrator also found there was no just cause to fire her,” Golden said.

     Auvenshine filed a charge of discrimination with the EEOC in March 2002 that alleged her termination as a probationary teacher was based on her race and national origin, McAvoy said. 

     “In a letter dated Sept. 18, 2002, the EEOC indicated that they were unable to conclude that race and national origin were factors in the decision to non-renew her contract,” McAvoy added. “Because the EEOC found no evidence to support the claim, the EEOC, following their normal procedures, notified Mrs. Auvenshine in October 2002 that she had the legal right to pursue the matter further by filing suit.”

     Golden believes the EEOC investigation was found lacking.

     “The EEOC, in terms of their investigation, talked to my client when she filed. They attempted to set up mediation to try and resolve this dispute, which was not resolved. They then issued a right to sue letter. There was no deep investigation.”

     Auvenshine was born in China and came to the United States in 1984. She became a citizen in 1990. Troy School District hired her in 1999.

     Currently, Auvenshine works as a part-time lecturer at Oakland University and Macomb Community College. She holds a master’s degree and teaching certificate from Wayne State University.

     McAvoy said he doesn’t expect any damages after the motions and appeals are filed. But the district’s insurance should cover the jury’s award, expect for punitive damages.

     “Particularly in light of the actions of these other tribunals, our Board of Education certainly will be reviewing appeal options with its legal counsel,” McAvoy said. “We are working with our attorney to file post-trail motions with the court, as the judgment has not yet been entered.”

     But Golden says the district doesn’t have a leg to stand on in court.  

     “I think that everybody has a right to take their best hold,” Golden said.  “But (with) the way that this case was presented and the evidence … I don’t believe they have a viable appeal.”

     You can reach Jennifer McDonald at jmcdonald@candgnews.com