UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION
RICHARD D. YOUNG,

Plaintiff,

v.

CIVIL ACTION NO. 3:16-CV-543-N (BF)

DALLAS INDEPENDENT SCHOOL

DISTRICT AND ZACHARY HALL,

Defendants.

PLAINTIFFS DEMAND FOR SETTLEMENT

COMES NOW, Plaintiff Richard D. Young, pro se, pursuant to Federal Rule of Civil
Procedure 68(a), serves this Demand for Settlement to Defendants Dallas Independent School
District and Zachary Hall, by and through their counsel of record, and respectfully shows the
following:
I.

INTRODUCTION

Plaintiff Richard D. Young, pro se, was hired by Defendant Dallas Independent School
District on November 14, 2012. Plaintiff served as a Kindergarten teacher for the 2014-2015,
and was housed under an external alternative certification program. Plaintiff served as a teacher
under two different contracts with two different principals. Plaintiff had a clean personnel file
and was in good standing with the district, until his troubles began in October 2014 with his
new principal. The principal was eventually under investigation with the districts internal
investigators.
PLAINTIFFS DEMAND FOR SETTLEMENT TO DEFENDANTS DALLAS I.S.D. AND ZACHARY HALL

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II.

STATEMENT OF FACTS

On Friday, February 6, 2015, Plaintiff notified law enforcement officials that there were
teens trespassing and jumping off the roof of Stephen C. Foster Elementary after hours. Plaintiff
took pictures of the teens with his cellular phone. Plaintiff emailed a short statement and
photographs of the teens to his principal Zachary Hall and Assistant Principal Hebert DaSilva.
The very next day on Saturday, February 7, 2015, Plaintiff received an email late at night from
Defendant Hall stating that needed to clock-in by 7:25am each day. On Monday, February 9,
2015, Principal Hall informed Plaintiff that he was being placed on a growth plan (improvement
plan) for an [a]lleged poor evaluation that took place [t]en day[s] prior.
Plaintiff filed a Level I Grievance (internal complaint) on February 20, 2015, contesting
the growth plan and evaluation, which resulted in all zeroes. On Friday, March 6, 2015,
Defendant Hall notified Plaintiff that [he] would no longer have a job at Foster Elementary after
March 31, 2015. On Saturday, March 7, 2015, the very first day of spring break, Plaintiff
received an email from Defendant Hall stating that he was being reassigned effective
immediately, without reason. On Monday, March 16, 2015, after returning from spring break,
Defendant DaSilva informed Plaintiff that he was being demoted to Special Education
classroom assistant, per directive of Hall, although his teaching certificate [w]as still valid.
Later on that day after school, Plaintiff received another email from Defendant Hall that he was
being reassigned to Reading and Math Intervention Teacher for grades K-2, in which Plaintiff
did not legally qualify for.

PLAINTIFFS DEMAND FOR SETTLEMENT TO DEFENDANTS DALLAS I.S.D. AND ZACHARY HALL

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On Friday, March 27, 2015, Plaintiff met with an internal investigator, Thomesa
Broadnax, to discuss claims of retaliation, harassment, disparate treatment, discrimination,
bullying, unfair treatment, and unnecessary surveillance that he endured from Defendant Hall.
The Level I Grievance was heard by Plaintiff on Tuesday, March 31, 2015, under tape recording
with Plaintiff and Defendant Hall and DaSilva in attendance. Plaintiff was dismissed from the
campus following the Grievance hearing. The next day on Wednesday, April 1, 2015, Plaintiff
received an email from Defendant Hall on Plaintiffs personal email account, directing him to
contact the districts Employee Relations department for next steps. On Thursday, April 2,
2015, Plaintiff reported to Lora Averhart in Employee Relations, and received a letter notifying
him of his administrative leave, which did [n]ot mention a reason. Plaintiffs teaching contract
was ultimately terminated on June 5, 2015, which also did [n]ot mention a reason.
Plaintiff pursued his Grievance to the highest level possible, pursuant to Defendants
grievance policy. School Board Trustees subcommittee heard Plaintiffs Grievance at the Level
III hearing on Thursday, August 20, 2015 and took no action. Plaintiff filed a Whistleblower
complaint through the Defendants toll free third party Whistleblower hotline. Further, Plaintiff
filed a Title VII complaint with the Texas Workforce Commission-Civil Rights Division in
Austin, which in-turn granted Plaintiff the right to sue.
III.

IMPACT ON PLAINTIFFS FUTURE TEACHING CAREER

Plaintiff was enrolled in A-Plus Texas Teachers Alternative Certification Program,

which costed Plaintiff $2,500 to be deducted from [his] salary over a twelve month span.

PLAINTIFFS DEMAND FOR SETTLEMENT TO DEFENDANTS DALLAS I.S.D. AND ZACHARY HALL

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Defendant Hall refused to recommend Plaintiff to [his] alternative certification program for
further certification. Plaintiff has met [a]ll requirements for state certification and only lacks a
principal recommendation. Plaintiff cannot teach anywhere in the state of Texas, since the Texas
Education agency will not release his teaching certificate. Plaintiff will be forced to either start
all over with another alternative certification program or will have to complete a teacher
education program with student teaching at his own expense, which will [n]ot be covered by
financial aid.
IV.

OUT OF POCKET EXPENSES

Driving distance for Plaintiff to various job interviews, as a result of dismissal from the
district, totaled at 100 miles, at 55 cents per mile, equals $55.00
IV.

LOST WAGES

Since Plaintiffs dismissal from the district, he has lost wages calculating in the amount
of, with the 2015-2016 raise, $34,000.00 (September 2015-April 2016) and counting. Plaintiffs
annual salary for the 2015-2016 school year would have been $51,000.00 had his contract not
been improperly terminated and had he not been illegally discriminated and retaliated against.
Plaintiff has not received any income since his separation from the district.
V.

EMOTIONAL PAIN AND SUFFERING

This entire event has been devastating for Plaintiff. He never asked for any of this, and
mitigated the issue before it turned detrimental. Before Defendants discriminated and retaliated
PLAINTIFFS DEMAND FOR SETTLEMENT TO DEFENDANTS DALLAS I.S.D. AND ZACHARY HALL

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against Plaintiff, Plaintiff had a clean and clear personnel record, was in good standing with the
district, earned staff of the week, and was well liked by the other teachers. But since
Plaintiffs dismissal, Plaintiff has suffered from extreme emotional pain, stress, depression,
anxiety, fatigue, mental anguish, and loss of enjoyment of life-all directly attributable to
Defendant Hall.
The loss of income placed a terrible financial burden on Plaintiff. Without income,
Plaintiff was forced to borrow funds from family members and friends. This was humiliating
and embarrassing for Plaintiff. There is no way Defendants can fully compensate Plaintiff for
all that he has suffered. At a minimum, Plaintiff expects to be compensated for emotional
injuries and any and all other damages.
VI.

ITEMIZATION OF DAMAGES

$34,000
$68,000
$2,500
$55
$0

lost wages, and counting

Front pay (or reinstatement in the alternative)
costs of the enrollment to A-Plus Texas Teachers
Out of pocket expenses
Removal from Do not hire list

$104,555

Total Damages
VII.

DEMAND

After careful consideration of the issues involved in this suit, and a review of judgments
and school district settlements with similar fact patterns, I believe the amount of $104,555 (or
$34,055 if fully reinstated) represents a fair and equitable settlement amount.

PLAINTIFFS DEMAND FOR SETTLEMENT TO DEFENDANTS DALLAS I.S.D. AND ZACHARY HALL

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Respectfully Submitted,

/s/ Richard D. Young

Richard D. Young (pro se)
3810 Inwood Rd. #116
Dallas, TX 75209
Cell (972)201-6681
Home (469)914-2240
YoungRichardD@yahoo.com

CERTIFICATE OF SERVICE
Pursuant to Federal Rule of Civil Procedure 5(d)(1), a true and correct copy of the foregoing was
submitted to Defendants Dallas Independent School District and Zachary Hall, by and through
their counsel of record, Kathryn E. Long, via electronic email at: klong@thompsonhorton.com
on this 6th day of April, 2016
Respectfully Submitted,

/s/ Richard D. Young

Richard D. Young (pro se)

PLAINTIFFS DEMAND FOR SETTLEMENT TO DEFENDANTS DALLAS I.S.D. AND ZACHARY HALL

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