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December 12, 2007

Teacher wins $1 million lawsuit

A third-grade teacher from California has been awarded a $1 million judgment after a jury found the Chula Vista Elementary School District (in San Diego County) had discriminated against her when she lost her job after becoming pregnant.

"Danielle Coziahr was a probationary teacher at Silver Wing Elementary School in Otay Mesa for the 2004-05 and 2005-06 school years. School districts can choose not to renew the contracts of such teachers without giving a reason," according to an article in today's Union Tribune. "A jury decided Friday that there was a reason – Coziahr was discriminated against. The jury found that the school district decided not to continue her employment, which would have made her a tenured teacher, because she is a woman."

“The money is an afterthought,” the article quotes Coziahr. “I wasn't seeking litigation for compensation. I was seeking litigation to clear my name. I'm basically blackballed. I can no longer teach in San Diego County. My teaching career has ended.”

Posted by Gina Davis at 6:00 AM | | Comments (1)
Categories: Around the Nation, Teaching
        

Comments

Why is Chula Vista Elementary School District still trying to get away with its illegal action?

Because San Diego County Office of Education-Joint Powers Authority wants it to.

How does the law get enforced in school districts?

It doesn't.

Rick Rinear, Diane Crosier's right-hand man at San Diego County Office of Education Joint Powers Authority, says all claims should be "returned as insufficient, late or rejected"

"If a claim is submitted in letter format and is sufficient (in compliance), per the Government Code, the claim should be handled as if submitted on the district’s Claim Form; i.e., returned as insufficient, late or rejected."


REVISED CLAIMS PROCEDURE
January 22, 2004
To: JPA Representatives
From: Rick Rinear, JPA Risk Management
Subject: Tort Claim Reporting Form – Revised

We would like to clarify the Tort Claim Reporting procedure, as there has been some confusion about requiring all potential claimants to use a district-written Claim Form.

Effective April 1, 2003, Government Code Section 910.4 (a) requires public entities to provide a standardized Tort Claim Form that claimants use to file their claims for submission to districts.

The standard Claim Form (sample attached), must include information specified in Government Code Section 910 and 910.2. Districts can still consider claims “submitted” without the required form. Districts may consider a written claim without requiring the referenced claim form. The referenced claim form must be available when requested.

We are providing a sample Cover Letter for potential claimants who request the required form. Careful review of a claim is necessary for compliance or late filing.

If considered insufficient (not in compliance), the claim must be returned to claimant within 20 days from receipt. If a claim is submitted in letter format and is sufficient (in compliance), per the Government Code, the claim should be handled as if submitted on the district’s Claim Form; i.e., returned as insufficient, late or rejected.

The enclosed sample letter should only be used to forward a claim form to those claimants who request a form from the district.

...Please continue to forward claims when received to San Diego County Schools Risk Management JPA,...Attention: Rodger Hartnett, Property & Liability JPA Claims Coordinator. Rodger or Lisa Adriance-Jensen will recommend what action to take.

The letter above can be found at
http://www.sdcoe.net/business2/risk/claim-district.pdf
at least, until SDCOE breaks the link to this public record.

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