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Monday, March 18, 2024
March 18, 2024

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BOLI finds ‘substantial evidence of discrimination’ against Teacher of the Year

The Columbian
Published:

An investigation by the Bureau of Labor and Industries found “substantial evidence” that 2014 Oregon Teacher of the Year Brett Bigham was subject to discrimination and retaliation, although the department did not issue a formal ruling.

Bigham worked as a special education teacher for the Multnomah Education Service District before he officially resigned June 12. Bigham was the first openly gay educator to be named Teacher of the Year and used the position as a platform to discuss gay rights. He had filed numerous complaints against the district in recent months, including three with BOLI, alleging retaliation and sexual orientation discrimination.

Bigham recently settled with MESD for $140,000 and agreed to withdraw existing complaints as part of the deal.

Although the case was dismissed, BOLI said a “determination of substantial evidence of discrimination and retaliation on the basis of (Bigham’s) sexual orientation, whistleblowing activity and for opposing unlawful employment practices,” would have been proposed had the case continued, according to a memo from investigator Andrea Damewood.

After months of conflict with the district, Bigham said he was hesitant to take the settlement because it required dropping his complaints. He’s glad the information was made public regardless.

“I’m just extremely relieved that the public will know I was telling the truth,” he said. “My reputation was at stake in all of this. I feel like my name is clear, which is a really nice way to walk away from the situation.”

Bigham had reported multiple instances of disparate treatment. For example, Bigham said his supervisor Jeanne Zuniga warned him about mentioning his sexual orientation following a speech. When he reported the instance, Bigham said the district retaliated by requiring him to get approval to speak in public and attend Teacher of the Year events. He also said he was denied attendance at a meeting for high school gay straight alliance and another youth event and nearly barred from going to a national award ceremony. Bigham said the situation deteriorated further after he filed BOLI complaints.

This spring Bigham was placed on leave, fired and reinstated before officially resigning his position.

“While the initial discrimination against (Bigham’s) protected status as a gay male did not rise to the level of unlawful harassment, evidence exists that some discrimination did occur,” the BOLI statement reads. “(Bigham’s) working environment and terms and conditions of employment deteriorated dramatically after he protested this unlawful discrimination and after he filed complaints with BOLI and other relevant agencies, to the point where he was suspended and terminated indicates substantial evidence of unlawful employment practices.”

BOLI interviewed multiple district staff who said they felt Bigham had been targeted based on what they had witnessed. For example, multiple educational assistants who worked with Bigham said they saw staff dismantle Bigham’s desk when he was not present.

Retired district spokesman Mark Skolnick said Zuniga said she thought Bigham “was going to bring a negative image to MESD because he was advocating for gay students,” according to a transcript of his interview. He felt Zuniga had overreacted.

Overall, Skolnick said he though the situation was “handled extremely poorly by MESD administration.”

BOLI also noted a February email from Human Resources Director Heyke Nickerson that said the district would consider letting Bigham attend a conference if he withdrew his complaints.

Yet some interviews noted concerns with Bigham’s duties and demeanor. Kelly Raf, a supervisor for MESD, said he was significantly behind on paperwork. Former Superintendent Barbara Jorgensen, who also recently resigned, said she felt Bigham became argumentative this winter and that his attitude had changed.

BOLI also released interviews from Bigham’s Oregon Education Association union representative Alan Moore and two other co-workers.

The district consistently denied wrongdoing and hired a third-party investigator, who found no evidence of discrimination, according to BOLI documents. MESD had cited concerns with Bigham’s absences from the classroom due to Teacher of the Year activities as grounds for his termination.

A spokeswoman for the district did not immediately return a call seeking comment.

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