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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.

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Alameda County DA Sees Gun Violence Greatest Threat to Black Community

OAKLAND POST — “One person can affect policy that changes the office,” Jones Dickson said. For her, one of the most urgent priorities is gun violence, an issue she says has deeply affected Black communities for generations. “Gun violence has always been a (concern) in the Black community,” she said. “We all have a visceral reaction to a helicopter because it often means there has been a chase or gun violence.”

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Victims’ rights are also a priority for Ursula Jones Dickson

“I don’t like it when people say ‘my office.’ It doesn’t belong to me. It belongs to the people.”

That philosophy is at the heart of Ursula Jones Dickson’s approach to leading the Alameda County District Attorney’s Office. Asked whether one person can rebuild an office that has experienced years of change, disruption and a massive backlog of cases, she said the answer is ‘yes,’ but only with time, focus and a willingness to change priorities.

“One person can affect policy that changes the office,” Jones Dickson said.

For her, one of the most urgent priorities is gun violence, an issue she says has deeply affected Black communities for generations.

“Gun violence has always been a concern in the Black community,” she said. “We all have a visceral reaction to a helicopter because it often means there has been a chase or gun violence.”

Jones Dickson said gun violence is personal to her because it has hurt both her and her community. “I take it personally,” she said.

She worries that America, and particularly its young people, are becoming desensitized to violence. School shootings and repeated lockdowns are leaving children with experiences previous generations never imagined.

“We can’t act like this isn’t affecting our children,” she said. “When schools become places where shootings take place, they are affected in a different way.”

She believes the community has become dangerously accustomed to guns and violence.

“We have to stop normalizing guns,” she said. “We have so many guns and so many people with guns.”

Perhaps one of the most disturbing changes she sees is the way ordinary disagreements can now become deadly.

“Nobody fights anymore,” she said. “They kill.”

Jones Dickson said the question communities must ask themselves is: “When gun violence becomes a part of the community, how many vigils and how many marches can we stand?”

At the same time, she is determined that victims’ voices will not be lost in the criminal justice system.

“I sit with victims on a regular basis,” she said. “There isn’t a week that goes by that I don’t sit down with a victim’s family and hear them ask why a case has not been charged.”

Victims often need far more than updates about a court case. They need assistance navigating the criminal justice system, counseling, burial assistance and, sometimes, simply someone to sit with them during one of the most painful moments of their lives.

“Victims’ rights have been pushed aside,” Jones Dickson said. “What I want to leave to this office is that victims’ voices will be heard. I don’t care whose toes I step on. Victims will be heard.”

The challenge, however, is enormous. Her legacy is to help victims feel seen and protected.

The office is working through a significant backlog of serious cases while trying to rebuild an experienced, well-trained staff. Jones Dickson said years of disruption, including the impact of COVID and frequent leadership changes, left attorneys needing additional training and contributed to delays.

“There have been three district attorneys in four years,” she said. “Every district attorney wants to build their own culture.”

Her goal is to create a stable office with skilled prosecutors who understand their responsibilities and can move cases through the courts. She emphasized that the work is not simply about winning cases.

“It is our job to prove a case beyond a reasonable doubt,” she said. “Just because law enforcement brings us a case doesn’t mean we can prove it.”

Jones Dickson also believes rebuilding public safety requires rebuilding relationships between law enforcement and the community.

Residents have told her they sometimes see police cars drive through their neighborhoods without officers getting out and speaking to residents.

“When police are in neighborhoods and stop and talk to kids, there is a connection,” she said. “We need more community-based relationships.”

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Richmond Tiny House Village Farm & Garden Set to Open Gates on Sept. 26

OAKLAND POST — “It’s going to be a real celebration of hope and what we can do together when we come together to do something to care for the least of us,” Hindman said. “The grand opening program is youth-led, so that will be, and the ribbon cutting will be youth-led, so it’s going to have the strong presence of young people leading, as it should.”

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One of the tiny houses for unhoused Richmond youth. Courtesy photo.

It takes a village to raise a village—especially when that village is made of tiny houses, big-hearted volunteers and a plan to shelter Richmond youth.

Now, after three years of planning, building and community muscle, the village is ready for its public debut. 

The Richmond Tiny House Village Farm & Garden will mark its “Grand Opening” Saturday, Sept. 26 onsite at 2200 Bissell Ave. in Richmond, also accessible via 175 23rd St. The celebration will spotlight the new emergency housing community for unhoused Richmond youth ages 18 to 24, with a youth-powered program and ribbon cutting, clergy from multiple faith traditions offering prayers, an Indigenous prayer, an appearance by Richmond Mayor Eduardo Martinez, Councilmember Doria Robinson, leaders from partner organizations, food and live music by Benja Soul. 

For Sally Hindman, executive director of the nonprofit Tiny Village Spirit, which is the project’s developer, the grand opening event is a public exhale after three years of planning, building, fundraising, listening and showing up. 

“It’s going to be a real celebration of hope and what we can do together when we come together to do something to care for the least of us,” Hindman said. “The grand opening program is youth-led, so that will be, and the ribbon cutting will be youth-led, so it’s going to have the strong presence of young people leading, as it should.” 

The vibrantly mural-decorated village will include 13 emergency housing units when complete, one of them for an on-site resident assistant. In keeping with neighborhood agreements, the project will open with about half of the homes occupied, then pause, evaluate and return to local Richmond Neighborhood Councils for input before adding six more youth the following year. 

Hope Solutions will operate the village from day one, with staff including a resident assistant, a village manager/social worker and a housing navigator to help residents move toward affordable housing. Youth will be selected through Contra Costa County’s Coordinated Entry System, with a focus on Richmond young adults. 

Hindman was clear about who the village is for: “This is a village that is for unhoused Richmond youth, ages 18 to 24, and it’s specifically for Richmond young people.” She added that the project is particularly concerned with young people pushed out by gentrification and displacement, including black and brown youth who grew up in Richmond, as well as LGBTQ young people who “really need our support.” 

Each tiny house is designed as a small bedroom with the essentials: A Murphy bed that becomes a desk during the day, a chair, table, wardrobe and, in some designs, a closet. Shared community spaces include a kitchen/dining yurt, a living room/maker space yurt and a shared bathroom building with three private units, each containing a shower, sink and toilet. 

The “Farm & Garden” part of the name is no add-on. Hindman said the garden will connect with Richmond Police Activities League’s (RPAL’s) Culinary Club, a program with a farm-to-table approach that uses produce grown on-site. The space will also offer education, picnics, volunteer opportunities and stipend/paid work for village residents, doubling as a job-training ground rooted in food, land and community. 

“The farm and garden is going to play a really cool role in the project as a whole,” Hindman underscored. 

If the village sounds stitched together by many hands, that is because it was. Hindman described the project as involving more than 3,000 volunteers (“probably 4,000,” she estimated, noting she had “kind of lost count”) from 83-plus organizations, schools, congregations, businesses and nonprofits. 

Those partners and helpers include Tiny Village Spirit, RPAL, Hope Solutions, SOS Richmond, GRIP, USF Architecture, City of Richmond YouthWORKS, Rebuilding Together, Richmond Neighborhood Councils—including Richmore Village/Metro Square, North & East, Belding Woods, Coronado and Pullman—Richmond youth, Richmond High School students, Kennedy High School, Salesian High School, Richmond Indivisible, Reimagine Richmond, East Bay Heritage Quilters, First Congregational Church of Berkeley members, Strawberry Creek Friends Meeting, Temple Beth El, Ashby Village, NIAD, artist Jimmy Evans, Williams Sonoma and many individual volunteers, donors, congregations and private foundations. 

Tiny Village Spirit raised most of the funding through individuals and private foundations, according to Hindman, who shared that similar villages funded primarily with government dollars can cost around $14 million. She said this village is expected to come in under $1 million because nearly all the labor was volunteer. 

For more information about the Richmond Tiny House Village Farm & Garden, text 510-282-0396 or visit Tiny Village Spirit’s Richmond project page

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Misnamed ‘Parent’ PAC Seeks to Influence Oakland School Board Elections

OAKLAND POST — The majority of this ‘parent’ PAC money came from two sources: a San Francisco billionaire named Michelle Boyers and the “Champions for Quality Education,” a PAC run by two long-time charter industry advocates in Oakland, Kimi Kean and Hae-Sin Thomas.

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Parents, students, and teachers fought to save Roots International Academy, an East Oakland middle school that was closed in 2019 despite broad community opposition. Photo courtesy of Oakland North.

Earlier this year, two Oakland parents formed a new Political Action Committee (PAC), which they describe as an “Oakland parent-led effort working towards better public schools” focused on electing new leaders in Oakland Unified School District (OUSD) Districts 2 and 6, opposing progressive incumbents.

So far, the Parent PAC has donated to Arielle Fleisher in District 2 and Alexandra Williams in District 6.

According to the latest filing with the City of Oakland, the PAC raised a total of $45,540 but received just 12 individual contributions from Oaklanders who appear to be OUSD parents, totaling $2,100, less than 5% of the total.

Most of this ‘parent’ PAC money came from two sources: San Francisco billionaire Michelle Boyers and the “Champions for Quality Education,” a PAC run by two long-time charter industry advocates in Oakland, Kimi Kean and Hae-Sin Thomas.

Besides charter advocates, the Champions PAC was funded by real estate developers and crypto executives and was active in the 2024 District 3 election. These two contributions totaled $37,120 and, together with a $5,000 contribution from former Oakland Mayor Libby Schaaf’s failed state treasurer campaign, make up 92% of the total contributions received by this PAC.

Candidates running against the incumbents and supported by the Champions PAC favor closing more schools in Oakland, claiming in public meetings that this is the only way to balance the budget permanently. However, they have provided no evidence that school closings over the past 20 years have strengthened OUSD’s financial position or improved educational and budget conditions in other districts that have gone that route.

The current school board majority, including the incumbents in District 2, Jennifer Brouhard, and District 6, Valarie Bachelor, strongly oppose school closings.

Importantly, while many advocates of reducing the number of schools maintain that closing more schools is the road to fiscal health, almost as an article of faith, they do not examine nor even mention the consequences that follow as a result of the many schools that OUSD has already closed over the years.

To name only a few, Oakland has lost Roots International Academy, an East Oakland middle school that was closed over broad community opposition in 2019; Lakeview Elementary School near Lake Merritt, which, despite protests, was closed in 2012; and Santa Fe Elementary in West Oakland, also closed in 2012.

Several Oakland parents have expressed concerns over the new Champions PAC and the misleading name it gave itself.

“It’s pretty disheartening to see a PAC branding itself as ‘parent-led’ when over 95% of its funding came from wealthy non-parent donors and charter-aligned PACs — before most Oakland parents even had a chance to weigh in,” said Journey Meadows.

“Our schools deserve advocates who reflect our community and truly care about our children, not a well-funded campaign to reshape the board from the outside,” she said.

Stefanie Parrott also had harsh words for PACs that push to close schools.

“It is upsetting and insulting when a parent group lobbies for the closure of someone else’s schools, especially without ever engaging actual families of the schools they want to close and without a true understanding of, or with a cruel indifference to, the devastation school closures have on poor Black and Brown communities,” she said.

“This is especially true when the parent group is funded by outside interests like charter industry leaders and out-of-town billionaires,” she continued.

“Instead of dismissing the impacted students and families, they might actually talk to us in West and East Oakland before their ‘advocacy’ harms our communities. I am an OUSD parent, and they don’t speak for me,” Parrott said.

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