Teacher accuses TC College of discrimination

Gill says English Department chair at Northeast Campus told her the state and the school ‘do not like homosexuals’

Jacqueline “Jackie” Gill
Jacqueline “Jackie” Gill

TAMMYE NASH  |  Senior Editor
nash@dallasvoice.com

HURST — Jacqueline “Jackie” Gill filed suit Wednesday, Sept. 7, against a professor and a dean at Northeast Campus of Tarrant County College in Hurst, claiming that she was denied the opportunity to apply for a permanent, full- time teaching position there because of the English Department chair’s bias against what he perceived her sexual orientation to be.

Tarrant County College adopted a nondiscrimination policy prohibiting discrimination based on sexual orientation on March 9 of this year.

Frank Griffis, director of public relations and marketing for Tarrant County College, said it “would not be appropriate” for school officials to comment on pending litigation. He also said school officials had not yet been served with papers and therefore had not read the complaint.

Gill said she had worked as a full-time temporary English professor for about a year at the Northeast Campus. But when the position was to be made permanent, English Department Chair Eric Devlin refused to allow her to apply for the permanent position.

Gill said when she complained about Devlin to Northeast Campus Humanities Division Dean Antonio R. Howell, he initially seemed to side with her, but after speaking to Devlin, Howell refused to communicate further with her. Gill said although she is a lesbian and has never tried to hide that fact, she had never talked about her orientation with Devlin or anyone else at the school.

Both Devlin and Howell are named as co-defendants in the lawsuit.

Gill is represented in the lawsuit by Lambda Legal South Central Region staff attorney Ken Upton, joined by pro bono counsel Benjamin D. Williams from the law firm of Gibson, Dunn and Crutcher.

Gill and Upton held a press conference Wednesday to announce that the lawsuit had been filed earlier that morning in U.S. district court in Fort Worth. The press conference was held at a Hurst hotel located just a few blocks from the Tarrant County College campus where Gill had taught.

According to the complaint filed Wednesday, and statements Gill made during the press conference, Gill was first hired on a full time, temporary basis as an English professor on Aug. 21, 2009. A little more than a month later, at the end of October, a female “dual-enrollment” student — a high school student who was also taking college classes — in Gill’s distance learning class cheated by stealing an exam and skipped some classes.

The student’s high school counselor told Gill that the student has a history of disruptive behavior, and when the student dropped the class, Gill was told the situation was closed.

On Nov. 9, however, Devlin called Gill into his office and told her the student had accused Gill of “flirting” with female students. Gill denied the accusations, noting that there was always another teacher in the class at the same time.

That’s when Devlin responded with “a lengthy diatribe about homosexuals and how the Texas public views them,” according to the complaint. Gill said Devlin went on to say that Texas is a conservative state and TCC is a conservative school, and that “Texas and Tarrant County College do not like homosexuals.”

Gill continued to teach at TCC, receiving high praise and compliments from students and staff alike, including from Devlin. Then in May 2010, she and other full-time temporary professors were told by Howell that all seven temporary full- time positions were being made permanent, and that they were being re-designated as adjunct faculty until the permanent positions were filled.

Gill said Howell also encouraged her and the other temporary professors to apply for the permanent jobs. Gill applied for all seven but was the only one of the seven temporary professors not hired for the permanent positions. Gill said that she was, in fact, not even allowed to interview for any of the positions, even though her experience and credentials were as good as or better than those who were hired.

Gill said she met with Howell and told him about Devlin’s anti-gay comments and refusal to allow her to interview for the permanent positions. She said Howell promised her to discuss the situation with Devlin immediately, but that he never got back in touch with her.

She said she also got no response when she tried to discuss the situation with the vice president and president of Tarrant County College.

Gill continued to teach as an adjunct professor at the campus through December 2010, although, she said, Devlin’s attitude toward her became “even more hostile.”

And she said that although she was originally assigned classes for the 2011 spring term, as she was preparing for those classes she discovered she had been removed as the professor. When she inquired about the status of the class, Gill said, she was told that Devlin had specifically instructed that those classes be taken away from her.

Upton said that Devlin and Howell violated the equal protection clause of the U.S. Constitution by refusing to allow Gill to apply for the permanent teaching position. He said Gill’s suit is asking that she be allowed to complete the application process and that she be compensated for the time she has been unemployed.

Gill, who is a Ph.D. candidate at the University of Texas at Arlington, said she would love to get a teaching job with TCC, and while she would prefer to work at another campus, she is willing to go back to the Northeast Campus and work again in Devlin’s department.

“I worked hard. I earned it,” Gill said of the permanent position. “I have nothing to be ashamed of. If it [her working in Devlin’s department again] would be awkward for anyone, I think it would be awkward for him [Devlin] because he is the one who was in the wrong.”

This article appeared in the Dallas Voice print edition September 9, 2011.

—  Michael Stephens

Florida Finally Recognizes Martin Gill As The Legal Father To His Sons

Martin Gill, the Florida man who's been battling for years to adopt his two foster sons, and who conquered the state's ban on gays adopting back in October, has finally been granted his legal adoption. Best wishes, gents.


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FL adoption case plaintiff Martin Gill: ‘I really felt relieved for the first time’

Steve Rothaus has excellent coverage of the news that the Attorney General of Florida decided not to appeal the Gill case decision. He’s got statements for the key playere, including McCollum. I really like Steve’s post with this quote from plaintiff Martin Gill:

“This is the first time I felt a sense of closure, finality,” Gill told me Friday night during an ACLU reception at the Shore Club hotel in South Beach. “I really felt relieved for the first time — and a sense of pride for what we accomplished for the state of Florida.”

And, check out the photos from last night’s party, especially this one.

Adoption is an issue in Florida’s elections:

In the tight gubernatorial race, Democrat Alex Sink has said she would support same-sex adoptions, while her opponent, Republican Rick Scott opposes it.

“What I believe is marriage is between a man and a woman . . I believe that children are raised in a more healthy environment if they are raised by a married couple,” said Scott when asked in Wednesday’s debate whether he thought homosexuality is immoral.

In the race for attorney general, Democrat Dan Gelber has praised the appeals court’s decision and agrees gays should be able to adopt. His opponent, Republican Pam Bondi, has said she opposes gay adoption and has pledged to pursue an appeal.




AMERICAblog Gay

—  admin

Florida’s Martin Gill Can Keep His Adopted Kids: DCF Won’t Appeal. (But …)

Florida's Department of Children and Families will not appeal last month's state appeals court ruling declaring unconstitutional the state's ban on gay adoption, which uphold the November 2008 ruling of a lower court. It's great news for Gov. Charlie Crist, who can finally stop forgetting whether he supports it or not. DCF will modify its adoption forms so applicants are no longer asked if they are gay (!). There's still one possibility of appeal: Attorney General Bill McCollum, lover of rentboy patrons, could move ahead by himself.

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—  John Wright