Administrator Files Complaint Against Massena District, Superintendent, and Board President

MASSENA, NY (03/15/2012)(readMedia)-- Cynthia M. Yager, assistant superintendent of schools for the Massena Central School District, has filed a complaint with the United States Equal Employment Opportunity Commission and the New York State Division of Human Rights against the Massena Central School District, Board President Leonard Matthews, and Superintendent Roger Clough. Yager has also served a Notice of Claim upon the district, which is a prerequisite to commencing litigation against the district.

Yager holds that she has been the victim of relentless discrimination, harassment, intimidation, a hostile work environment and retaliation brought on by the direct behavior and actions of Matthews and Clough. Arthur P. Scheuermann, general counsel for the School Administrators Association of New York State (SAANYS), is representing Yager. Previously, under pressure from Clough and Matthews, Yager agreed to include in her January 2011 contract that she intended to retire from Massena on August 31, 2012.

However, in the spring 2011, Yager's work environment became toxic. After an unblemished 16-year career at Massena, Yager felt that she had no choice but to lodge a complaint with the Massena Board of Education in May of 2011 against Clough after an incident when the much embattled Superintendent Clough screamed and intimidated her when she raised concerns regarding the improper appointment of someone other than the business officer as the Records Access officer and about other financial improprieties within the district. Board members informed Yager that they had received similar complaints regarding the superintendent. On September 6, Matthews affirmed this assertion, stating to Yager on the phone that he had received many complaints about the way Clough treated people, particularly women – an ironic comment since he himself has had similar complaints lodged against him. Nonetheless, Yager was assured by the board and its attorney that her complaint would remain confidential, that she would not be subject to further retaliation, and that a full and fair investigation of her complaint would be conducted.

Almost immediately, Matthews disclosed the contents of Yager's complaint to Clough. The harassment and humiliation tactics continued, and escalated after the harassment complaint was filed with the board and Matthews' disclosure of Yager's complaint to Clough. For instance, during their meeting, Matthews, himself made inappropriate personal comments to Yager, including his statement to her that he knew how to deal with post-menopausal women. Thereafter, the district, through Matthews and Clough, retaliated against Yager by issuing baseless letters of reprimand (the first in her 29-year career) and then de facto suspended her in clear violation of Yager's tenure and contractual rights.

The district has further failed to follow its own policies and procedures by refusing to provide Yager with a copy of the investigative report of her discrimination complaint to the board of education and then failed to schedule Yager's appeal with the board of the whitewashing of her complaint, as required by the board's own policies.

Because of this unrelenting discrimination, harassment, intimidation and retaliation, Yager put the district, Clough, and Matthews on formal written notice (a condition precedent to commencing legal action against the district) for damage to reputation and career. In addition, in the notice, Yager alerted the district that she is seeking protections under the state whistle blower laws for reporting financial improprieties in the district. Yager is fearful of further retaliation and is concerned that the district will attempt to force her out of her job.

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