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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

Published

5 years ago

October 11, 2021

Christy Price

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.

Christy Price

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Oakland Mayor Pushes Charter Overhaul to Clarify Roles in City Government, Increase Accountability and Improve Service Delivery

Under the proposal, the mayor would serve as Oakland’s chief executive, overseeing city departments, implementing policy, proposing the annual budget, and managing day-to-day operations. The measure would also give the mayor veto power over legislation and the budget, though the City Council could override a veto with a two-thirds vote.

Published

2 days ago

May 17, 2026

Oakland Post

Oakland Mayor Barbara Lee. File photo.

By Oakland Post Staff

Oakland Mayor Barbara Lee is backing a sweeping proposal to restructure Oakland’s government, arguing the changes would make City Hall more accountable and improve the delivery of basic services like public safety, homelessness response, and infrastructure repairs.

The charter reform measure, introduced April 7 and co-sponsored by Oakland City Council President Kevin Jenkins, would ask voters in November to approve a “strong mayor, strong council” system designed to create clearer lines of authority inside city government.

The City Council, meanwhile, would maintain legislative authority by adopting ordinances, approving budgets, conducting oversight hearings, and confirming key mayoral appointments. The proposal would also create an Independent Budget and Legislative Analyst Office to provide nonpartisan fiscal and policy analysis for councilmembers.

“I’ve spent months listening to Oaklanders across every neighborhood about what they expect from their city government,” Lee said. “The Charter Reform Working Group’s engagement made clear that residents want a system where there are no questions about who is responsible for delivering results on public safety, homelessness, infrastructure, and basic services.”

Jenkins said the proposal would strengthen both executive leadership and council oversight.

“I’ve long believed Oakland works best when residents have clear lines of accountability and a government structure that aligns responsibility with results,” Jenkins said.

The proposal follows recommendations from the Mayor’s Charter Reform Working Group, co-facilitated by the League of Women Voters of Oakland and SPUR.

Over five months, the group conducted more than 60 interviews, held 14 public meetings across Oakland, and engaged more than 750 residents while reviewing governance models used in other cities.

“The process of engaging residents across Oakland surfaced the governance clarity Oakland needs,” said Sujata Srivastava of SPUR. “The Charter Reform Working Group has produced a thoughtful set of recommendations that if adopted could strengthen accountability and improve service delivery across city government.”

Polling cited by the mayor’s office suggests voters may be open to the changes. A February 2026 poll by the East Bay Polling Institute found 64% of voters support adopting a strong-mayor system. Separate polling conducted by the Oakland Chamber of Commerce and David Binder Research found support ranging from 61% to 63% among likely voters.

The measure is scheduled to be heard by the City Council Rules Committee on May 21. If approved by the council, it would appear on the November 2026 ballot, where Oakland voters would have the final say.

Oakland Post

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Activism

The Ladies of Delta Sigma Theta Hold Day of Advocacy at the Capitol in Sacramento

A member of the “Divine Nine,” Delta Sigma Theta Sorority, Inc., was founded on Jan. 13, 1913, at Howard University in Washington, D.C. The organization was established by 22 women who sought to shift the group’s focus from social activities to public service, academic excellence, and social activism.

Published

2 days ago

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Oakland Post

Sen. Laura Richardson (D-San Pedro) presents a Senate resolution to the Delta Theta Sigma Sorority Farwest Region at the State Capitol on May 4. Photo courtesy of the Senate Rules Committee.

By Antonio Ray Harvey, California Black Media

On May 4, members of the Farwest Region of Delta Sigma Theta Sorority, Inc., convened at the California State Capitol for the organization’s 23rd annual Delta Days in Sacramento.

The two-day advocacy event brings together chapters from across California to engage directly in the legislative process, connect with lawmakers, and advocate for policies impacting Black communities.

Members of the sorority were honored on the Senate floor by Sen. Laura Richardson (D-San Pedro), who is also a member of Delta Sigma Theta.

Richardson welcomed the Farwest Region during the presentation of a Senate resolution recognizing outgoing Regional Director Kimberly Usher for her leadership and service.

“In addition to the Far West Region, we are led by a fearless leader, regional director Kimberly Usher. She has now served her full term of what’s allowed,” Richardson said. “We are going to be having our regional conference, but we wanted to give it to her here, officially recognizing her service.”

The resolution was co-authored by Richardson and fellow members of the California Legislative Black Caucus (CLBC) and Delta Sigma Theta, Sen. Akilah Weber Pierson (D-San Diego) and Assemblymember Rhodesia Ransom (D-Stockton).

Usher has served in the leadership role since 2022.

“We are founded on sisterhood that is deeply rooted in scholarship, service, and social action,” said Weber Pierson, a member of the Gamma Alpha chapter of Delta Sigma Theta Sorority.

“Today, we continue a legacy of empowering communities and upholding the high cultural, intellectual, and moral standards established by our founders over a century ago,” she added.

Oakland Post

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Activism

Rep. Kamlager-Dove Introduces Bill to Protect Women in Custody After Reports Detailing Miscarriages and Neglect

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

Published

2 days ago

May 17, 2026

Oakland Post

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By Bo Tefu, California Black Media

Congresswoman Sydney Kamlager-Dove (D-CA-37) on May 7, reintroduced updated legislation aimed at strengthening protections and healthcare standards for pregnant and postpartum women held in federal custody, including in immigration detention facilities.

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

The legislation builds on a bipartisan version previously passed by the House during the 117th Congress. The updated bill includes new standards for healthcare access, mental health and substance use treatment, high-risk pregnancy care, family unity protections and increased federal oversight.

“Proper pregnancy care is a human right, regardless of your immigration or incarceration status,” Kamlager-Dove said in a statement. “It’s unacceptable that there are virtually no legal safeguards for pregnant women in federal custody.”

The bill would also limit the use of restraints and restrictive housing for pregnant women, improve data collection on maternal health in custody and require additional staff training and enforcement measures.

Supporters of the measure said the legislation is intended to address long-standing concerns about maternal healthcare and safety in detention settings, particularly for Black women and low-income women who are disproportionately impacted by incarceration and health disparities.

“Pregnant women in custody should never be subjected to dangerous and inhumane treatment that threatens their health, dignity, or the well-being of their babies,” said Patrice Willoughby, chief of policy and legislative affairs for the NAACP and a longtime public policy and government affairs strategist, in a statement.

A 2021 report estimated there are about 58,000 admissions of pregnant women into U.S. jails and prisons each year. Kamlager’s statement also cited a recent investigation by NBC News and Bloomberg Law that identified allegations of severe mistreatment or medical neglect involving at least 54 pregnant women or families in county jails between 2017 and 2024.

Federal policy under the Department of Homeland Security restricts the detention of pregnant, postpartum and nursing immigrants except in extreme cases. However, the agency reported that ICE deported 363 pregnant, postpartum or nursing women between January 2025 and February 2026, including 16 recorded miscarriages during that period.

The bill is cosponsored by several House Democrats and backed by organizations including the NAACP and the Vera Institute of Justice.