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The Yonkers Ledger

City Settles Human Rights Lawsuit from Former Teacher

By Samantha Minaya,

14 days ago

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The Yonkers City Council is set to approve a settlement from a former public school teacher who sued the district in 2021 alleging wrongful termination and the violation of his civil rights.

A Teacher's Career

Wilkin Santana, 42, a long-time Bergen County New Jersey resident has taught Spanish since the early 2000s. He holds two Masters Degrees–one in Spanish Literature from Montclair State University and another in Public Administration from Rutgers State University. Santana also served as a Board of Education Trustee from 2018 to 2021 in Fair Lawn, NJ.

Starting in 2017, he began his teaching career in the City of Yonkers. His work history included positions at Gorton High School, Yonkers Middle/High School, and Robert C. Dodson School where he received positive evaluations. Mr. Santana also taught AP classes at Gorton High School. Due to the student's high scores there, he was offered a chair position in his department. In September 2019, he began teaching Spanish 1 and Spanish 2 to non-native Spanish speakers at Roosevelt High School.

Grounds for Litigation

Soon after beginning his employment at Roosevelt High, Mr. Santana observed what he believed to be treatment that differed from his white colleagues. This was evident to him after he realized the emergency button in his classroom was broken, and he had to purchase his own teacher's chair. Other teachers never mentioned such concerns during meetings. He was also confronted and berated by the girl's basketball team coach in front of his students on January 15, 2020. Mr. Santana believed that Principal DeChent disregarded his repeated complaints of discrimination.

Around June 4, 2020, the administration issued Wilkin Santana an employment non-renewal document. Subsequently, Mr. Santana contacted his union representative, contending that the non-renewal signified “ discrimination and retaliation .” The date of Santana's official termination as per this document was October 16, 2020. This would have significantly limited his ability to obtain employment within his field as nearly every school district semester begins before said date.

The lawsuit initially submitted in September 2021 outlines the alleged violation of New York State Human Rights Law and New York State Executive Law based on discrimination by his employer due to his race. Mr. Santana sought punitive damages from The City of Yonkers, The Yonkers City School District, and Principal Edward DeChent, both jointly and individually. These damages were pursued for loss of income, emotional distress, and suffering.

A Settlement Reached

The City settled the lawsuit from Wilkin Santana in Westchester County Supreme Court on December 7, 2023. Of the total amount of $25,o00, Santana receives $11,612.58 and the attorneys representing him receive the remaining $13,387.42. Per the City Charter, the City Council must approve these funds before they are distributed. The vote to approve is scheduled for their meeting on April 23, 2024.

The Yonkers school system faces an $86 million budget deficit for the upcoming 2024-25 school year. With demand for financial assistance rising, 68% of students are classified as “economically disadvantaged.” In 2024-25, the City of Yonkers plans to provide $292 million to the school system. However, Interim Superintendent Luis Rodriguez and Mayor Mike Spano encourage the community to advocate for increased state funding.

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