Case: 3:24-cv-01688-JRK Doc #: 1 Filed: 09/30/24 1 of 15.

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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

TAMARA MUCHIARONE CASE NO.:

3952 Clareridge Drive
Toledo, Ohio 43623
Plaintiff, Judge

vs.
COMPLAINT WITH JURY DEMAND
BOARD OF EDUCATION OF THE
TOLEDO CITY SCHOOL DISTRICT Diana Robinson (0086642)
1609 N. Summit Street Kera L. Paoff (0082674)
Toledo, Ohio 43604 Paoff, Robinson, & Widman LLC
405 Madison Ave., Suite 1100
and Toledo, Ohio 43604
Ph.: (419) 243-9005
CARNEL SMITH Fax: (419) 243-9404
2439 Parkwood Ave. [email protected]
Toledo, 43620 Ohio [email protected]
Defendant. Attorneys for Plaintiff Tamara
Muchiarone

Plaintiff Tamara Muchiarone, by and through counsel, complains of Defendants Toledo

Board of Education of the Toledo City School District (a.k.a. Toledo Public School District), and

alleges as follows:

PARTIES

1. Plaintiff Tamara Muchiarone (“Ms. Muchiarone”) is an individual citizen of the State of

Ohio, residing in the City of Toledo, Lucas County. Ms. Muchiarone is an employee of
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Defendant Board of Education of the Toledo City School District as defined in 42 U.S.C.

2000e-(f) and Ohio Revised Code (“O.R.C.”) §4112.01(A)(3).

2. Defendant Board of Education of the Toledo City School District (“Defendant TPS”) is the

governing body of the Toledo Public Schools, which is a public educational institution and

employs fifteen (15) or more employees and therefore is an employer as defined in 42

U.S.C. §2000e et. seq. and O.R.C. §4112.01(A)(2).

3. Defendant Carnel Smith (“Principal Smith”) is an individual who had supervisory authority

over Ms. Muchiarone and is an “employer” as defined in 42 U.S.C. §2000e et. seq. and

O.R.C. §4112.01(A)(2).

JURISDICTION AND VENUE

4. This suit is authorized and instituted pursuant to Title VII of the Civil Rights Act of 1964,

as amended, 42 U.S.C. §§2000(e) et. seq. (“Title VII”), providing for relief from

discrimination and harassment in employment on the basis of sex.

5. Jurisdiction and venue are proper in the United States District Court for the Northern

District of Ohio pursuant to 28 U.S.C. §§ 1331 and 1391.

6. This Court has supplemental jurisdiction over Ms. Muchiarone’s state law claims pursuant

to 28 U.S.C. §1367.

7. Venue is properly laid in the Northern District of Ohio as Ms. Muchiarone resides within

this Federal District, all of the allegations herein arose in Lucas County, Ohio, Defendant

TPS operates within this Federal District, and Principal Smith lives within this Federal

District.

FACTUAL ALLEGATIONS

8. Ms. Muchiarone is female.

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9. Ms. Muchiarone was hired as a teacher by Defendant TPS in 2004.

10. Ms. Muchiarone is a member of the Toledo Federal of Teachers (the “Union”), a labor

organization that represents teachers and most support staff at TPS.

11. From 2004 until the end of the 2022-2023 school year, Muchiarone was assigned to serve

as a science teacher at Scott High School, most recently teaching Biology and Anatomy

& Physiology.

12. Ms. Muchiarone also served as the Science Department Chair and as the National Honor

Society Advisor and received additional compensation for those roles.

13. Throughout her employment, Ms. Muchiarone was qualified for her position and

performed her job well, receiving the highest score possible on her last formal evaluation

at Scott High School.

14. Principal Smith became the Principal of Scott High School in or around 2016.

15. Beginning in August 2017 and continuing through April 2023, Ms. Muchiarone was

sexually harassed by Defendant Smith.

16. On or around August 17, 2017, Ms. Muchiarone, who was wearing a dress and heels that

day, saw Principal Smith looking at her and pointing his phone at her. Within minutes,

Principal Smith texted Ms. Muchiarone a picture of her feet/legs, as well as the message,

“Have an awesome school year!” Ms. Muchiarone felt violated and asked Principal Smith

to delete the photo as well as any other pictures he had taken of her.

17. From then on, Principal Smith continued to make Ms. Muchiarone uncomfortable by

commenting on her appearance and visiting her classroom more often than necessary.

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18. During the 2022-2023 school year, Principal Smith’s comments towards Ms. Muchiarone

became more extreme and frequent, and Ms. Muchiarone began to document noteworthy

events and interactions.

19. In March 2023, Principal Smith, upset about an email Ms. Muchiarone sent him,

confronted Ms. Muchiarone about the email and yelled at her in front of other employees.

Ms. Muchiarone emailed her Union representative about Principal Smith’s unprofessional

and demeaning behavior toward her.

20. Soon thereafter, Ms. Muchiarone had a conversation about the incident with Dr. Treva

Jeffries-Martin (“Dr. Jeffries-Martin), the Acting Superintendent of Human Resources for

Defendant TPS. In that conversation, Ms. Muchiarone told Dr. Jeffries-Martin that she

was being sexually harassed by Principal Smith, provided her with a few concrete

examples, and stated that Principal Smith had been asking male TPS employees if they

were “fucking” Ms. Muchiarone.

21. Thereafter, on or about April 13, 2023, Ms. Muchiarone filed a formal complaint against

Principal Smith clearly alleging sexual harassment and detailing some of the sexual

harassment Principal Smith had subjected her to over the preceding several months,

including, but not limited to the following: Principal Smith often told Ms. Muchiarone

that she “should wear more skirts” or “wear a dress and heels”; Principal Smith often

said, “I know you feel sexy in those” when she wore heels; Principal Smith commented

on Ms. Muchiarone’s outfit and said she was “hunting for a man”; while leering at her,

Principal Smith pulled a chair in front of Ms. Muchiarone who was sitting on an exercise

ball and said, “I’m just going to sit here and watch you sit on that ball”; Principal Smith

asked Ms. Muchiarone to spin around so he could get a full look, stared her up and down,

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his gaze landing on her heels, and said “I know you wear those for me”; Principal Smith

rubbed Ms. Muchiarone’s shoe; Principal Smith held Ms. Muchiarone’s hand; and

Principal Smith made comments to another teacher speculating about Ms. Muchiarone’s

sexual activities/sexual history.

22. On or about April 19, 2023, Ms. Muchiarone was notified that Defendant TPS had

received her complaint and that an investigation would be conducted.

23. On that same day, Principal Smith was notified that a “Discriminatory Harassment

Complaint” had been filed against him.

24. Principal Smith was permitted to continue working as active Principal of Scott High

School during the investigation and Ms. Muchiarone was forced to continue working

with and reporting to Principal Smith as her supervisor following her complaint of sexual

harassment.

25. On or about April 29, 2023, Ms. Muchiarone was interviewed by Human Resources

representative Diane Irving (“Ms. Irving”).

26. Ms. Irving interviewed Principal Smith on May 3, 2023. Following the interviews, Ms.

Muchiarone was required to continue working under Principal Smith, even though she

had voiced in the interview that she did not feel comfortable working for him and that if

he continued working at Scott High School, she would have no choice but to leave.

27. For the remainder of the school year, Ms. Muchiarone tried to avoid Principal Smith but

was required to interact with him at times because he was the principal, and she was his

subordinate.

28. Ms. Muchiarone also had reason to believe that Principal Smith was listening to her

conversations and tracking her movements at that time.

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29. Ms. Muchiarone repeatedly asked for updates on the investigation through her Union

representative, but Defendant TPS failed to keep her apprised of the investigation.

30. Knowing she knew she could not continue to work with Principal Smith and because

Defendant TPS had taken no actions to safeguard her, Ms. Muchiarone inquired into to

transferring to another school within the district for the 2023-2024 school year out of fear

that she would be required to continue working for Principal Smith.

31. Defendant TPS knew the only reason Ms. Muchiarone had submitted a transfer request

was to ensure she would not have to continue working for Principal Smith.

32. Acknowledging this understanding, the Union and Defendant TPS agreed that Ms.

Muchiarone would have the ability to return to Scott High School (rather than transfer)

for the 2023-2024 school year if Principal Smith was no longer working there.

33. Ms. Muchiarone was assured that the investigation and any action taken as a result, such

as Principal Smith’s removal or placement on administrative leave, would occur prior to

the start of the 2023-2024 school year.

34. At some point after Defendant TPS interviewed Ms. Muchiarone and Principal Smith,

Defendant TPS’s investigative report was sent to a third-party decision-maker, Attorney

Kristin Romaine-Blochowski (“Attorney Romaine-Blochowski”) for a determination as

to whether Principal Smith had violated Board Policy by sexually harassing Ms.

Muchiarone.

35. After a thorough review of the investigative report and after interviewing an additional

witness, Attorney Romaine-Blochowski came to the conclusion that Principal Smith had

sexually harassed Ms. Muchiarone during the 2022-2023 academic year, and found

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Principal Smith’s conduct to be unwelcome, subjectively offensive, objectively offensive,

and sufficiently severe and pervasive to constitute sexual harassment.

36. Specifically, Attorney Romaine-Blochowski found Principal Smith “did violate Board

Policy AC by sexually harassing Complainant as a result of Respondent’s behaviors

toward the Complainant during the 2022-2023 school year.”

37. In August 2023, Ms. Muchiarone attempted to exercise her right to return to Scott High

School assuming Principal Smith would no longer be at Scott as a result of the decision-

maker’s determination.

38. However, even though the third-party decision maker found Principal Smith had sexually

harassed Ms. Muchiarone, Principal Smith was not placed on administrative leave or

disciplined in any way and was permitted to return to Scott High School as Principal for

the 2023-2024 school year,

39. Because Principal Smith was not removed, Ms. Muchiarone could not return to Scott

High School. Rather, Ms. Muchiarone was transferred to Defendant TPS’s Virtual

Academy for the 2023-2024 school year, which does not offer any opportunities for

additional compensation, so she is making less money than she was making and would

have continued to make at Scott High School.

40. In the fall of 2023, Ms. Muchiarone, after obtaining legal counsel, was finally informed

that Defendant was considering taking disciplinary action against Principal Smith and

was going through the collectively bargained disciplinary process applicable to Principal

Smith.

41. In November 2023, Ms. Muchiarone received a copy of the Hearing Officer’s decision on

the discipline.

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42. Ms. Muchiarone was outraged by the description of the hearing as well as by the decision

itself as it was clear that Defendant did not seriously prosecute its case against Principal

Smith and requested that only minor discipline be exacted against Principal Smith.

43. The Hearing Officer recommended that Principal Smith participate in Defendant’s Adult

Social Emotional Learning program and nothing more by way of discipline.

44. Because Defendant TPS failed to take appropriate action against Principal Smith, failed

to protect her, and retaliated against her, Ms. Muchiarone dual filed a Charge of

Discrimination with the United States Equal Employment Opportunity Commission

(“EEOC”) and the Ohio Civil Rights Commission (“OCRC”) alleging sexual harassment

and retaliation.

45. On September 16, 2024, upon Ms. Muchiarone’s request, the EEOC issued notice of her

right to sue. A true and accurate copy of the Dismissal and Notice of Rights is attached to

this Complaint as Exhibit A. This action is filed within 90 days of receipt of the right to

sue.

46. Principal Smith continues to work as the principal for Scott High School.

47. Ms. Muchiarone continues to make less money than she did while working at Scott High

school.

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COUNT ONE
Sexual Harassment/Hostile Work Environment in Violation of
Title VII of the Civil Rights Act of 1964

48. Ms. Muchiarone realleges paragraphs 1 through 47 as if fully set forth verbatim below.

49. Ms. Muchiarone, as a female, is the member of a protected class.

50. During the course of her employment, Ms. Muchiarone was sexually harassed by her

supervisor, Principal Smith. The harassment was unwelcome, offensive, severe and

pervasive, based on Ms. Muchiarone’s sex, and had the purpose or effect of interfering

with Ms. Muchiarone’s job performance.

51. Defendants had actual and constructive knowledge of the harassment as (1) it was open

and obvious in nature; (2) Ms. Muchiarone complained verbally and in writing; and (3)

Ms. Muchiarone has a good faith belief that other female employees have made similar

complaints to Defendant TPS about Principal Smith.

52. Defendant failed to take adequate remedial action that was reasonably calculated to stop

or mitigate the harassment.

53. As a direct and proximate result of Defendants’ conduct, Ms. Muchiarone has been

damaged. She has suffered:

a. Lost income;

b. Loss of reputation;

c. Humiliation, embarrassment, and loss of self-esteem;

d. Adverse health effects; and

e. Time and money endeavoring to protect herself from Defendant’s unlawful

discrimination including costs and reasonable attorney’s fees of this action.

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COUNT TWO
Sex Discrimination in Violation of
Title VII of the Civil Rights Act of 1964

54. Ms. Muchiarone realleges paragraphs 1 through 53 as if fully set forth verbatim below.

55. Ms. Muchiarone is female and thus is the member of a protected class.

56. Defendant discriminated against Plaintiff by subjecting her to different terms, conditions or

privileges and/or by refusing her the ability to return to Scott High School on the basis of

her sex.

57. As a direct and proximate result of Defendants’ actions as set forth above, Plaintiff has

suffered:

a. Lost wages;

b. Loss of the opportunity to continue the gainful employment in which

she had been engaged;

c. Loss of reputation;

d. Humiliation, embarrassment and loss of self-esteem;

e. Adverse health effects; and

f. Time and money in endeavoring to protect herself from Defendants’

unlawful discrimination, including costs and reasonable attorney's fees
of this action.

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COUNT THREE
Retaliation
42 U.S.C. §2000(e)-3(a), Title VII

58. Ms. Muchiarone realleges paragraphs 1 through 57 as if fully set forth verbatim below.

59. Defendants’ unlawful retaliatory treatment of Ms. Muchiarone, including but not limited

to forcing her to transfer to another school and refusing her request to return to Scott

High School, violates 42 U.S.C. §2000(e)-3(a).

60. As a result of Defendants’ retaliatory conduct, Ms. Muchiarone has been damaged. She

has suffered:

a. Lost wages;

b. Loss of reputation;

c. Humiliation, embarrassment, and loss of self-esteem;

d. Adverse health effects; and

e. Time and money endeavoring to protect herself from Defendant’s unlawful

retaliation including costs and reasonable attorney’s fees of this action.

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COUNT FOUR
Sexual Harassment/Hostile Work Environment
Ohio Revised Code §4112.02(A) §4112.99

61. Plaintiff realleges paragraphs one 1 through 60 as if fully set forth verbatim below.

62. During the ordinary course of her employment with Defendants, Ms. Muchiarone

was sexually harassed and otherwise victimized by her supervisor, Principal Smith.

63. Principal Smith’s sexual harassment of Plaintiff was unwelcome and based on her

sex.

64. Further, Principal Smith’s sexual harassment had the purpose or effect of

unreasonably interfering with Plaintiff’s work performance and/or creating an intimidating, hostile

or offensive work environment

65. Defendants knew, or should have known, that Plaintiff was being subjected to

sexual harassment, as she informed Defendants of the unwelcome conduct.

66. As a result of the actions set forth above, Ms. Muchiarone was unlawfully subjected

to a hostile work environment. Defendants knew, or should have known, about the hostile work

environment and took no action to remedy the situation.

67. As a direct and proximate result of Defendants’ sexual harassment, Plaintiff has

been damaged. Plaintiff has suffered:

a. Lost wages;

b. Loss of the opportunity to continue the gainful employment in which

she had been engaged;

c. Loss of reputation;

d. Humiliation, embarrassment and loss of self-esteem;

e. Adverse health effects; and

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f. Time and money in endeavoring to protect herself from Defendants’

unlawful sexual harassment, including costs and reasonable attorney's
fees of this action.

COUNT FIVE
Sex Discrimination
O.R.C. §§4112.02 and 4112.99

68. Ms. Muchiarone realleges paragraphs 1 through 67 as if fully set forth verbatim below.

69. Defendant discriminated against Plaintiff, a female, by subjecting her to different terms,

conditions or privileges and/or by refusing her the ability to return to Scott High School on

the basis of her sex.

70. As a direct and proximate result of Defendants’ actions as set forth above, Plaintiff has

suffered:

a. Lost wages;

b. Loss of the opportunity to continue the gainful employment in which

she had been engaged;

c. Loss of reputation;

d. Humiliation, embarrassment and loss of self-esteem;

e. Adverse health effects; and

f. Time and money in endeavoring to protect herself from Defendants’

unlawful discrimination, including costs and reasonable attorney's fees
of this action.

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COUNT SIX
Retaliation
O.R.C. §4112.02(I)

71. Ms. Muchiarone realleges paragraphs 1 through 70 as if fully set forth verbatim below.

72. Ms. Muchiarone engaged in a protected activity by making a verbal and written complaint

of Principal Smith’s sexual harassment and of the hostile work environment as stated

above.

73. Defendants’ unlawful treatment of Ms. Muchiarone because of her complaints of sexual

harassment and hostile work environment, violates O.R.C. §4112.02(I).

74. Defendant retaliated against Ms. Muchiarone by altering her working conditions and

refusing her the ability to return to Scott High School, at least in part, for her complaints

of sexual harassment and hostile work environment.

75. As a result of Defendants’ retaliatory conduct, Ms. Muchiarone has been damaged. Ms.

Muchiarone has suffered:

a. Lost wages;

b. Loss of the opportunity to continue the gainful employment in which

she had been engaged;

c. Loss of reputation;

d. Humiliation, embarrassment and loss of self-esteem;

e. Adverse health effects; and

f. Time and money in endeavoring to protect herself from Defendants’

retaliation, including costs and reasonable attorney's fees of this action.

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WHEREFORE, Muchiarone prays as follows:

A. That this Court award such equitable relief as is proper as compensation for Muchiarone’s

transfer of employment;

B. That this Court award Muchiarone an amount to be determined at trial as compensation for

her loss of the opportunity to engage in gainful employment, for future earnings, for

humiliation, embarrassment, and loss of reputation;

C. That this Court award Muchiarone back pay with interest;

D. That this Court award Muchiarone punitive damages;

E. That this Court award Muchiarone reasonable attorney’s fees and the costs of this action;

and

F. That this Court grant Muchiarone such other and further relief as may be just and equitable.

Respectfully submitted,

/s/ Diana Robinson______________

Diana Robinson
Paoff, Robinson, & Widman LLC
405 Madison Ave., Suite 1100
Toledo, Ohio 43604
Ph.: (419) 243-9005
Fax: (419) 243-9404
[email protected]
[email protected]
Attorneys for Plaintiff Tamara Muchiarone

PLAINTIFF DEMANDS TRIAL BY JURY

/s/ Diana Robinson______________

Diana Robinson

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