Martin v. Berkeley Unified School Dist. CA1/1

Filed 9/14/22 Martin v. Berkeley Unified School Dist. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

SONYA E. MARTIN, Plaintiff and Appellant, A161660

v. (Alameda County BERKELEY UNIFIED SCHOOL Super. Ct. No. RG17849605) DISTRICT et al., Defendants and Respondents.

Plaintiff Sonya E. Martin filed a complaint against defendants Berkeley Unified School District (BUSD), Donald Evans, and Maggie Riddle (jointly, defendants) asserting defendants engaged in racial discrimination, retaliation, and harassment. The trial court granted defendants’ motion for summary judgment. We affirm the judgment. I. BACKGROUND A. Factual Background Martin was employed by BUSD for approximately 14 years. Martin accepted a position as principal at Jefferson Elementary School for the 2014– 2015 academic year. Defendant Riddle was Martin’s supervisor during Martin’s time as principal. At the end of Martin’s first year as principal, Riddle praised Martin for her accomplishments and transition to principal,

but identified areas of growth and performance expectations for the following year. The review noted Martin needed to “establish [herself] more definitively as the school’s instructional leader,” including by conducting regular meetings to develop the leadership team, visiting classrooms more frequently, and having an active and engaged presence in the schoolyard. Beginning in October 2015, Riddle offered Martin coaching to support her leadership development. Riddle noted Martin had not taken advantage of this opportunity and was not keeping the appointments for coaching sessions In January 2016, Martin went out on approved medical leave. Martin did not respond to Riddle’s request to meet prior to receiving her mid-year evaluation and went out on medical leave the day Martin was scheduled to meet with Assistant Superintendent Pasquale Scuderi. Martin’s mid-year evaluation noted growing dissatisfaction with Martin’s performance in the school community. The evaluation stated parents and teachers were dissatisfied with Martin’s ability to lead, noting a lack of communication and disengagement in key meetings and with the school community. The evaluation also stated school governance councilmembers reported Martin did not actively participate in their meetings and would cancel meetings. Riddle noted she personally observed Martin asleep during one staff training. The evaluation noted Martin was not receptive to attempts to provide counsel and guidance, and “significant improvement [was] essential.” In connection with the evaluation, Riddle also prepared a performance improvement plan (PIP) to address the issues raised in Martin’s mid-year evaluation. Martin remained on leave through the end of the school year. Her end- of-year evaluation referenced the mid-year evaluation and recommended “[t]ermination of assignment.” BUSD reassigned Martin to a special