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Former High School Administrator Files Federal “Whistleblower” Lawsuit Against OUSD

Cleveland McKinney alleges he lost his job for complaining about “unsafe and discriminatory conditions” at McClymonds High

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Cleveland McKinney

Cleveland McKinney, a former assistant principal at McClymonds High School in West Oakland, has filed a lawsuit against the Oakland Unified School District, alleging that he was demoted and terminated for exercising his freedom of speech to complain about “unsafe and discriminatory school conditions, including tainted water, disproportionate suspensions of Black children, staff assaulting students, misappropriation of funds (and) sexual harassment of female students.”

“I’m a whistleblower,” said McKinney in an interview with the Oakland Post. “They forced me out once I began to speak up about a lot of the injustices that were going on and how they mistreated the Black community (in West Oakland) in the same way.” 

Reached by the Post, the district said it does not comment on pending litigation. 

During the time he was facing threats of demotion and loss of his position, several hundred members of the McClymonds community attended a school board meeting to protest the retaliation against him.

McKinney’s complaint was filed in U.S. District Court for the Northern District of California in December 2020 by Sonya Z. Mehta of Oakland civil rights law firm Siegel, Yee, Brunner and Mehta. The lawsuit asks for an unspecified amount of money including damages for lost wages, emotional distress and pain and suffering. 

Depositions began in the past few weeks for the case, which is scheduled to go to trial in August 2022. In addition to the district, the complaint names McKinney’s former bosses, OUSD Executive Director of High School Instruction Vanessa Sifuentes and former McClymonds Principal Jarod Scott as defendants.

Prior to facing retaliation and being terminated by OUSD, McKinney had a spotless record as a teacher and school administrator since about 1996, according to the lawsuit.

McKinney was originally hired by OUSD in 2014 to help implement a 2012 Office of Civil Rights complaint against the district for “discriminatory discipline, including unwarranted suspensions, against African American students.”

State statistics indicate that in 2020-2021 McClymonds had 357 students, of whom 78% were Black. 

In his position at OUSD, McKinney worked with the Office of Civil Rights and the Department of Education to help create new discipline policies and train teachers how to discipline students. 

“McClymonds appointed McKinney the on-site administrator with school-wide responsibility for discipline as per the requirements of the 2012 agreement,” according to the lawsuit. 

The relationship between McKinney and his bosses began to deteriorate by Aug. 22, 2016, when he reported that water in McClymonds locker room looked “dirty and orange.”

“(He) requested the water be tested because of his reasonable belief that the water was dangerous and injurious to students,” the lawsuit said.

McKinney and others, including former McClymonds basketball coach Ben Tapscott, pushed for the district to conduct testing of all parts of the school, while students and teachers still used the water.

Officials told school staff there was nothing wrong with the water. “They advised letting the water run for five minutes, even for the cooking water in the kitchen,” though the water was still dirty after letting it run, the complaint said. 

An official stated she would not spend $100,000 to fix corroded pipes and that filters would be sufficient, the complaint said.

McKinney also met regularly with his bosses about disproportionate discipline in violation of the 2012 Office of Civil Rights agreement.

“He complained about teachers who were suspending Black students for not having pencils, asking to use the bathroom, talking, or chewing gum – and teachers who needlessly berated Black students.”

He also complained about a staff member who hit students, including punching “a girl in the throat in a meeting with many witnesses.” The administration said there was no merit to the complaint. 

McKinney also complained about mismanagement of a $50,000 donation for student activities that was redirected to administrator salaries, a Spanish teacher who knew no Spanish, an extreme mice infestation and an afterschool program that falsely claimed it was providing services to students. 

He pushed administrators to refurbish the locker room. The school’s entire football team, which was African American, “had to strip down and change on the football field and leave their equipment on the field due to the abysmal condition of the locker room. Students were forced to strip in front of adults,” the complaint said. 

In February 2018, Executive Director Sifuentes told McKinney, “Why are you so concerned about helping these people and everyone? Why don’t you just go along with what we are doing? What do you gain from this?”

In July 2018, McKinney’s bosses at the school moved his office to a space in the basement that was “moldy with a stale stench, (and) the carpet was filthy,” the complaint said.

In that room, he immediately began coughing and wheezing from allergies and asthma. 

McKinney met with OUSD Supt. Kyla Johnson-Trammell in September 2018 and December 2018 about his complaints, but she took no action, according to the lawsuit.

In August 2019, McKinney was demoted, removing him from his certificated position as an assistant principal and reclassified to a classified position as a program manager. On March 17, 2020, he was told that he did not have a job for the coming year and that he was terminated due to budget cuts. 

“I didn’t have any due process,” McKinney said. “When you speak up for the students and the community, it puts a target on your back, and they come after you.”

 

The Oakland Post’s coverage of local news in Alameda County is supported by the Ethnic Media Sustainability Initiative, a program created by California Black Media and Ethnic Media Services to support community newspapers across California.

Activism

S.F. Black Leaders Rally to Protest, Discuss ‘Epidemic’ of Racial Slurs Against Black Students in SF Public School System

Parents at the meeting spoke of their children as no longer feeling safe in school because of bullying and discrimination. Parents also said that reported incidents such as racial slurs and intimidation are not dealt with to their satisfaction and feel ignored. 

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Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church. Photo courtesy Third Baptist Church.
Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church. Photo courtesy Third Baptist Church.

By Carla Thomas

San Francisco’s Third Baptist Church hosted a rally and meeting Sunday to discuss hatred toward African American students of the San Francisco Unified School District (SFUSD).

Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church, along with leadership from local civil rights groups, the city’s faith-based community and Black community leadership convened at the church.

“There has been an epidemic of racial slurs and mistreatment of Black children in our public schools in the city,” said Brown. “This will not be tolerated.”

According to civil rights advocate Mattie Scott, students from elementary to high school have reported an extraordinary amount of racial slurs directed at them.

“There is a surge of overt racism in the schools, and our children should not be subjected to this,” said Scott. “Students are in school to learn, develop, and grow, not be hated on,” said Scott. “The parents of the children feel they have not received the support necessary to protect their children.”

Attendees were briefed last Friday in a meeting with SFUSD Superintendent Dr. Matt Wayne.

SFUSD states that their policies protect children and they are not at liberty to publicly discuss the issues to protect the children’s privacy.

Parents at the meeting spoke of their children as no longer feeling safe in school because of bullying and discrimination. Parents also said that reported incidents such as racial slurs and intimidation are not dealt with to their satisfaction and feel ignored.

Some parents said they have removed their students from school while other parents and community leaders called on the removal of the SFUSD superintendent, the firing of certain school principals and the need for more supportive school board members.

Community advocates discussed boycotting the schools and creating Freedom Schools led by Black leaders and educators, reassuring parents that their child’s wellbeing and education are the highest priority and youth are not to be disrupted by racism or policies that don’t support them.

Virginia Marshall, chair of the San Francisco NAACP’s education committee, offered encouragement to the parents and students in attendance while also announcing an upcoming May 14 school board meeting to demand accountability over their mistreatment.

“I’m urging anyone that cares about our students to pack the May 14 school board meeting,” said Marshall.

This resource was supported in whole or in part by funding provided by the State of California, administered by the California State Library via California Black Media as part of the Stop the Hate Program. The program is supported by partnership with California Department of Social Services and the California Commission on Asian and Pacific Islander American Affairs as part of the Stop the Hate program. To report a hate incident or hate crime and get support, go to CA vs Hate.

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Bay Area

Mayor London Breed: State Awards San Francisco Over $37M for Affordable Housing

On April 30, Mayor London N. Breed announced San Francisco has been awarded more than $37.9 million in funding from the California Department of Housing and Community Development (HCD) as part of the State’s Multifamily Housing Program (MHP). The HCD loan will provide the final funding necessary for development of Casa Adelante – 1515 South Van Ness, a 168-unit affordable housing project located in San Francisco’s Mission District.

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San Francisco Mayor London N. Breed (File Photo)
San Francisco Mayor London N. Breed (File Photo)

By Oakland Post Staff

On April 30, Mayor London N. Breed announced San Francisco has been awarded more than $37.9 million in funding from the California Department of Housing and Community Development (HCD) as part of the State’s Multifamily Housing Program (MHP).

The HCD loan will provide the final funding necessary for development of Casa Adelante – 1515 South Van Ness, a 168-unit affordable housing project located in San Francisco’s Mission District.

The new development at 1515 South Van Ness Ave. will provide 168 affordable homes to low-income families, formerly homeless families, and persons living with HIV earning between 25-80% of the San Francisco Area Median Income (AMI).

In addition, the project is anticipated to provide family-friendly amenities and ground floor community-serving commercial spaces that preserve the prevailing neighborhood character of the Calle 24 Latino Cultural District.

“This funding unlocks our ability to move on building affordable housing units for families in San Francisco at a crucial time. We understand the level of need for more housing that is accessible, and like the state, the city continues to face a challenging budget cycle,” said Breed. “1515 South Van Ness is a good example of what can be achieved in San Francisco when you have strong community partnerships and an unwavering commitment to deliver on critical needs for our residents.”

“From the beginning of my term as Supervisor, I have fought to bring affordable housing to 1515 South Van Ness” said Supervisor Hillary Ronen.  “In the interim, the site has been utilized for homeless services and shelter, and I am thrilled that HCD has recognized the value of this development, and we are finally ready to break ground and bring 168 affordable homes to low income and formerly homeless families in the Mission.”

Owned and occupied by McMillan Electric Company until 2015, the City and County of San Francisco purchased 1515 South Van Ness Avenue in June 2019 with the intent of developing new affordable housing.

In November 2020, the San Francisco Mayor’s Office of Housing and Community Development (MOHCD) released a Multi-site Request for Qualifications (RFQ) seeking qualified developers to build affordable housing on the site, and subsequently selected Chinatown Community Development Corporation (CCDC) and Mission Economic Development Agency (MEDA) in May 2021 to develop the site.

The project is expected to begin construction in winter 2025.

“A strong, long-term push by Mission advocates to make this site 100% affordable is now paying off, with 168 family units that include services and childcare. People of color communities know what they need, and we are excited to be in partnership with a team, consisting of MEDA, CCDC, and MOHCD, that listens,” said Malcolm Yeung, Executive Director at CCDC.

“We are excited to be in partnership with CCDC, yet again, and for the opportunity to develop intergenerational affordable housing in the City’s Mission District,” said Luis Granados, executive director at MEDA.

Increasing housing affordable to lower-income and vulnerable residents is a key priority in the City’s Housing Element which calls for additional funding for affordable housing production and preservation, as well as Mayor Breed’s Housing for All Executive Directive that sets out the steps the City will take to meet the bold goal of allowing for 82,000 new homes to be built over the next eight years.

Tuesday’s funding announcement emphasizes the importance of regional and state collaboration in order to reach our housing and climate goals.

“We are thrilled—not just to bring a project of this size to a community with great need — but to do so with community-based developers and their partners who understand the neighborhood and sensitivities around cultural preservation,” said HCD Director Gustavo Velasquez.

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Community

Opening Soon: Vibe Bistro Is Richmond’s New Hub for Coffee, Cuisine, Community and Culture

Vibe Bistro, located at 1503 MacDonald Ave., Suite B, Richmond, CA, is announcing its grand opening week, May 21-26, 2024. The café will be a hub where people can come together to enjoy coffee, cuisine, community, and culture, according to the establishment’s owner, Free Brown.

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Vibe Bistro Logo
Vibe Bistro Logo

By Y’Anad Burrell

Vibe Bistro, located at 1503 MacDonald Ave., Suite B, Richmond, CA, is announcing its grand opening week, May 21-26, 2024.

The café will be a hub where people can come together to enjoy coffee, cuisine, community, and culture, according to the establishment’s owner, Free Brown.

“Vibe Bistro is Richmond’s neighborhood haven for soulful coffee, delicious food, and vibrant experiences. Vibe Bistro is not just a coffee shop; it’s a place where ‘coffee meets community” says Brown.

It occupies the space formerly known as the Richmond Food Hall, which was also the former location of OakStop Richmond.

During the grand opening week, folks are invited to join in celebrating the spirit of community. From Tuesday, May 21, Vibe Bistro will be open from 6 a.m. to 2 p.m. on weekdays, serving specialty coffees, convenient grab-n-go options, and delicious breakfast and lunch selections.

The official ribbon-cutting ceremony will be held on Thursday, May 23, from noon to 2 p.m., followed by surprise festivities that the owners say you will need to experience in-person to fully enjoy.

Vibe Bistro’s art exhibition opens May 23, through Sunday, May 26. It features a special artist talk led by renowned curator Jowhari Trahan, a story on glass, and a mural unveiling by Richmond’s own Nakari Syon.

Additionally, the community is invited to immerse themselves in artistic expression throughout the week with art and craft classes.

Get ready for ‘Feature Fridays’ at Vibe Bistro, where they will showcase the culinary creations of local food businesses. This initiative is not just about food, it’s about fostering a spirit of collaboration and community.

All local businesses are invited to be part of this exciting journey, says Brown.

For more information, visit www.VibeBistro.com, sign up for the newsletter to stay connected, and follow all social media platforms at @TheVibeBistro.

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