the next case is carter v syracuse school district my name is a j bosman i am here on behalf of the plaintiff and how aunt corinne carter brown sexism and racism by their very nature are hostile recipients are made to feel appendix page eight hundred and seventy eight dollars the principal williamson identified that they look for a quote master teachers for special assignment and i think if you go back to the contract itself and identify special assignments as being you can get additional remuneration as a result of those special assignments so i admit that she did not elaborate on that that wasn't further developed but that was not the focus as i understood it from the court court merely made a statement that her statement that the master teacher program would deprive her professional development was not sufficient to create an a teacher who was not advanced and in fact put on the system its plan that would single her out and represents disparate treatment on the basis of her race and her gender and there is no evidence that the defendants have made that not moving her up with the other teachers was not based upon the sham evaluation and this complaints that she made to mr dyckman and others about discrimination on the basis of her race  th grade these other things i agree that that year that she was moved that she was kept and the same level great that that was not a decrease in her salary then why i mean  it it certainly is arguably poor treatment but does it raisa the level of an adverse employment action for purposes of the employment discrimination law i believe that it does particularly when it's considered in light of and in conjunction with the other conduct that when she was suffering the hostile work environment the treatment that she was receiving the statements being quit with the cart and having to go class to class and having her class taken away from her classroom i think that creates an issue of fact because that is a statement by an administrator and you have a statement by the planet that says the opposite so who's correct on that i think crediting the defendants over the plaintiff flips th was the only one to lose her classroom she doesn't say that everyone has had their own classroom jam not sure that that creates an issue of fact or travel i think wouldn't have considered in the light of the other evidence in the case including the fact that two white teachers who were noted to have deficiencies were not clear on improvement plan to set forth in the exhibits fourteen and fifteen at age sixty six or eight hundred and sixty seven indicates that the plaintiff was treated differently on the  of her race additionally part of the issue here is the reaction spots that the school district had to the complaints of discrimination including superintendent lone guard statement to her that she was not a team player i think those statements come in when she was told by mr frazier and the other statement to her that she was a tall well educated black woman so they say the two were used together to describe her and that they were intimidated by her here which mccluskey she was replaced in her english teaching capacity by james arrestee a white male who did not have teaching credentials and and also her students were taken out of her classroom upon her complaint about the treatment that she was receiving by the individuals coming in and then to repping her classroom the district court's determination a factual determination that the other affirmations by more in training out were insufficient evidence a custom policy in practice i think are but lied to by the fact that the district it not have a written policy procedure if i could just address one moment issue the fact that teachers with deficiencies were not were not placed on improvement plans but the plaintiff wise if you look at the timeline so that assistance plan that she was placed on was in the spring of two thousand and nine she had made her complaints prior about the hostile work environment she was suffering the retaliation claim about plaintiff about defendant saying that she had failed to submit a written or formal transfer employees may file a written statement of interest to transfer it doesn't require it it's not mandatory i see have gone over thank you mr possum and we'll we'll hear from the not whether there was a teacher program or to describe it he happened to use a term which now seized on to claim there is a mask but i'm clearly deposition plaintiffs admitted she didn't know whether the program was a district master teacher program and she's not eligible for however the reference there doesn't attribute that statement to anybody in particular it's just under age one hundred and seventy five of the appendix or decorations how long how long is this litigation been going on i believe it was sued in two thousand or two hundred and one thousand and eleven years and have you made efforts to settle have there been has there been on if i can address some of the other issues one thing i'd like to talk about is the notice of claim issue on why why you know so it's addressed to the superintendent why shouldn't that be sufficient notice to go to the board because the case we're on i mean in the words if they had removed the name they didn't have to superintend its name on it it was just a gesture the board i believe to the districts address all right and did it say it had the superintendent's name and then the body i believe that's the case you know if they had if they had simply not put the superintendent's name on it would be adequate notice no your honor that's not correct they would have to still physically deliver it to distribute you told me that it was received at the correct address and all i'm hypothesizing is if they had not had the no it's it if i don't i don't know if the envelope is in the record but presumably it has the name of the body on the on below and it sent to the right address and i just don't know why that would be sufficient notice there has to be presented to the governing body and here as your adversary argues it makes a difference that loan guard was denominated the c e o why is that  claims against the judge must all work environment based primarily on discrete acts such as a legit loss of classroom grade level simons these are just one support a hostile work environment on with regard to deplane  with the transfer process th in the collective bargaining agreement given to a new member of the faculty as what it turned to her with respect to the transfer request this was a new argument that was made at the nd summary judgment and a one thousand five hundred dollars of the record told stuart quote he didn't know what plaintiff would come back to i t or request to go elsewhere there was no indication and no policy written that mandates against the contract itself says that a teacher bay requested transfer with respect to the policy part of what's very troubling about the syracuse city school district and i asked this over and over again during depositions when they got complaints of discrimination on the basis of race or gender what they did was this refer it to their attorneys there is no record their policy is to not investigate complaints of discrimination or document even those complaints of policy although they have one for sex harassment so that sets forth exactly what procedures are finalized the school district itself had additional complaints of race discrimination which were knowledge and the district court took the and i believe the name was more and just dismissed them as not relevant or not evidence that the district has a custom policy and practice that results and discrimination on the basis of complaint which is in the record sets forth these issues and sets forth the timeline she also provided content with respect to what was done with her and what the time he was we did get some records we were prevented from getting others and we're not able to do discovery on on some of those those assignments i'm sorry i lost my train of thought article ten of the contract sets forth that the assignments are made without discrimination on the basis of disability or race when her doctor wrote the note she wished to go to another school what they wanted to do was offer her a position within the i t school same personnel same faculty who had moved to a different building that was not accommodating her at that point if you take a look at the current ology of events i think it's important too because after she made the complaint about the treatment that she was receiving from people just recording her and treating her badly the issue about the stereotypical drug car thing that all happen in december i'm sorry in the fall of two thousand and seven those kids were taken out of her class after she made the complaint to determine the classroom was taken by di hurt and the allegedly evaluated her that time that the thing that's striking to me in terms of reading the decision by the lower court is that the judge goes out of his way to parse the events instead of looking them at as a whole which we are required to do of course and weighing the evidence is a matter for the fact finder at trial not to the judge and i think that it's clear if you read the decision that that's exactly what was done credit and q