BETH YOUNG FILE PHOTO | Mattituck superintendent James McKenna at a school board meeting last year.
Anthony Claudio says age and gender discrimination played a role in the termination of his employment from the Mattituck-Cutchogue School District three years ago.
The district says the decision to not offer tenure and part ways with the special education teacher was based on his performance.
Now a jury will ultimately decide which side is right.
Opening statements in the civil suit filed in 2009 by Mr. Claudio against his former employer are expected to begin before Judge Joseph Bianco at the federal courthouse in Central Islip this afternoon. Jury selection was completed Tuesday morning, with three male and five female jurors having been selected.
The first witness, who could be called later this afternoon, is expected to be district clerk Cathy Gilliard.
Judge Bianco said in court Tuesday morning that the trial could last as long as three weeks or as many as 10 court sessions.
In his complaint, Mr. Claudio, 50, alleges that he was not offered tenure in a special education department where 28 of 30 employees were female and most were younger than 30. Mr. Claudio was 46 years old when he was denied tenure and had his probationary period ended in April 2009.
Additionally, he charges that the district coerced him into signing an agreement that he would not sue for tenure after the district extended his probationary period one year prior to his termination.
“Principal Shawn Petretti assured the plaintiff that he would attain tenure if he signed [the agreement] and continued on track,” reads the complaint, which was filed by Mr. Claudio’s attorney, Frank J. Blangiardo of Cutchogue.
In March 2009, district superintendent James McKenna sent Mr. Claudio a pair of letters stating he would be denied tenure due to administrators’ concerns over his instructional approach, according to court records.
The Board of Education voted 4-3 on April 16, 2009 to end Mr. Claudio’s probationary period, with board president Jerry Diffley, then-vice president Debra Cahill and board member Janique Nine voting in opposition to the resolution, according to minutes from the meeting.
Mr. Claudio alleges in his suit that in the days leading up to the board meeting, school board members were “threatened and influenced” by Mr. McKenna and Mr. Petretti to vote along with the superintendent’s recommendation.
In their answer to the complaint, attorneys from Devitt, Spellman and Barret of Smithtown, the firm representing Mattituck schools, argued that the district’s actions were justified.
“The defendant had a legitimate business purpose for its actions,” the answer to the complaint reads.
Mr. Claudio is seeking reinstatement, back pay and punitive damages in his complaint.
Check back later today for coverage from the trial’s first day.