was a problem here in the pedagogical approach of by the principal at the time to scare and not that she believed that there were certain teachers of certain ethnicities were better teaching african american hispanic teachers or better teaching african american hispanic students and that in fact that her perception of my client and hold her ability to manage well basically she was a librarian and she also taught some classes with regards to  teaching the children certain basic informational computer technologies busy and that she was under she was monitored by a camera which is not correct which is not generally done in most classrooms because there is there any evidence in the record that the monitoring with a camera was because of race when i was there with the then technically the monitoring was in place primarily because there was really have a i don't know if the trial attorney explicitly explored that area i think it was never concerned about this these comments that i say again and then at the end it was designed at the end of it at the end of the plan when for example let's talk about grading which is emma's made fun of by the other side council the question is what possessed you would wear a suit may have been unpleasant but what's the bas that they that the african american hispanic teachers were in a better position to monitor and direct children of color and in some of the situated i mean granted that that seems to be enough in my view to bring this several days on its st men's line i has not provided evidence of any disputed material facts from which a reasonable jury can find that she was subjected to a racially hostile work environment nd she has found to raise  was hostile and she certainly cannot show that it was based on race startling lack came from any of the evidence anywhere in the case as any evidence of a teacher who is not of her race being treated more favorably than she is something that she needed to show or at least show some sort of evidence that she was being treated less favorably about others who were not a prayer bag the the evidence matt principle lots of comments in essence said she couldn't remember where it was said she couldn't remember who it was said to chief it was saturday and there may be a faculty meeting our professional development that is simply wada and one off hand comment obviously the case  you look at the undisputed facts here there are several things that show that race was not considered of course and that for a moment suppose you would heard the race and the comment and the comment had been that  taken to a black teacher again in a similar situation if it was a single comment it would not be sufficient to create a hostile work environment whether it's from one race to the other certainly and appropriate certainly not all we want to hear but not a hostile work environment and we take a fact and this case that in this situation the majority of the teachers at noma school during the time principal out was there were all white the woman that she hostile and this case she needs to show that there were things that were both severe and pervasive here as far as severe she testified three separate times during her deposition that the actions that she was complaining about w and what she was asked to do tell each and every time she was subjected to harassment she only pointed to three separate days where she claimed things like not yelling at her suggesting she find another job as you aren't happy and telling her that she was  dangerous place due to her or not her conduct or performance i'm sorry the facts show that mens lang why herself refuses to accept any responsibility for her own actions it's undisputed that at the end of the time when she was a school there were four separate physical fights that occurred in the library and these fights were between the st graders i have and six year old students isn't the students that she has described throughout  pleadings and through out her deposition as emotionally disturbed she calls all the students have known her a bitch many disruptive often with violent and unresponsive to on methods of behavior management this is what the administration has a drug s when they were talking about her performance when they also mentally put her on a cyclone because they were not seeing that she was riding lesson plans that were encouraging the students to learn managing behavior in a way that was keeping the students safe when we look at what she considered to be harassment these are the type of things as a district court found that are the normal things you would see in a school i frankly i find it almost shocking that a teacher would claim that having her draft a lesson plans and grade her students is considered harassment or having her manage the behavior of her students while they're under her to the edge was a gal i asked not to our documents in the emails that they quite you that they her claim that she was being constructively discharged as you're not on a plane is constructed to discharge when the employer intentionally creates a work and atmosphere someone tolerable that unfairly has no choice but to resign is also a on a medical leave she never came back she never reached out to say i'm not coming back i need more sick leave nothing should just stop i'm going to work why have tends to create throughout the suspection that the support i have that she could not automatically was going to given the person more support and the nurse on time so the suspense awful but only into a nation if a person is put into that she wasn't put in there because they were not trying to terminate her they were not trying to get rid of her they were trying to help her encourage her behavior and performance i believe those are the only two claims that are left on appeal we would again say that because those other claims that were in there such as the claims individually  special education these days varies from the comments that the made about the replacement bin laden to federal and the like the fact of the matter is your honor that that's not indicative of what's happened here she was pretty specifically targeted and eventually someone who was more junior the comments of the by nine comments made by my client in the deposition that she was indicating was if you look at each individual incident may appear to be the most benign but if you look at the pattern of what has happened in this particular case it's not a and she was in her view disciplined by constant meetings constantly being about you waited constantly being with you to the point that her health was compromised and she didn't return to work under doctor's care the woman was  have to physically separate these children that's not appropriate there are other people who are signed on the spread the word to do this and she was given no support no security nothing and by the way their physical for this particular school was as as as admitted by the art for board of education is a very disadvantaged and very tough neighborhood actually the name still remains but the particular building has been closed and it's now another school in another location in the building the name  been close and they couldn't they couldn't figure out what to do but this woman's a ten pedagogically approach was a complete failure and the fact of the matter is my point was damaged because of it i believe there was not evidence here to our reasonable j if even if the court is not inclined to grant summary judgment they are favored that it's really a jury question i believe and i think that by trial where and this and this through testimony has given more than enough information to suggest this or any questions i believe i'm over