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Dragonas v. School Committee of Melrose9/6/2005
Middlesex.
March 3, 2005.
Present: Lenk, Kafker, & Katzmann, JJ.
Practice, Civil, Summary judgment. Libel and Slander. Anti-Discrimination Law, Age, Employment, Prima facie case. Employment, Discrimination.
Civil action commenced in the Superior Court Department on November 9, 2001.
The case was heard by Nonnie S. Burnes, J., on a motion for summary judgment.
Phyllis Dragonas, a foreign languages teacher, brought this action against the Melrose school committee, Charles Martin, former superintendent of the Melrose public schools, and Daniel Burke, principal of Melrose High School, alleging defamation and age discrimination. She claimed that Burke defamed her when he made derogatory comments about her at a meeting with parents concerning an overseas trip to be chaperoned by Dragonas. She also claimed age discrimination arising out of the failure to reappoint her as the lead foreign languages teacher in the school system. A Superior Court judge allowed the defendants' motion for summary judgment. We reverse.
Background
Because this is an appeal from a summary judgment decision, we view the evidence in a light most favorable to the plaintiff as the nonmoving party. Dattoli v. Hale Hosp., 400 Mass. 175, 178 (1987). Dragonas, who was born on November 26, 1930, has been employed as a foreign languages teacher in the Melrose school system since 1971. In addition to teaching Spanish and French, she served in various administrative roles during this time. In the summer of 1998, she was appointed lead teacher of foreign languages for the 1998-1999 school year. Lead teacher was a one-year stipendiary position that required appointment by the high school principal and approval by the superintendent. Lead teachers were responsible for teaching four classes daily and performing various administrative tasks on behalf of the foreign languages department.
In addition to her teaching and administrative duties, Dragonas served as the coordinator of the German-American Partnership Program (GAPP), a student exchange program that she cofounded in 1975. In this program, German students would visit Melrose every other fall to study; Dragonas would chaperone Melrose students in Hamburg, Germany, for a month-long stay the following spring.
Burke assumed the position of principal of Melrose High School in July, 1999, and, shortly thereafter, reappointed Dragonas as lead teacher for the 1999-2000 school year, which Martin approved.
Burke met with Dragonas on December 3 and 22, 1999, to discuss his concerns about her ability to oversee the upcoming GAPP trip to Germany from April 12 to May 12, 2000. Burke stated in his affidavit and deposition that his concern arose from the following: (1) foreign language department and GAPP budgeting issues; (2) problems with two German students' home placements during their stay in Melrose in October, 1999; (3) Dragonas's attendance in Focus classes in October, 1999; (4) difficulties that tenth grade students traveling to Germany might have with the MCAS exam upon their return in May, 2000; (5) her fluency and familiarity with German studies compared with those of a German language teacher; and (6) a report he received from two parents that, on a prior GAPP trip to Germany, Dragonas had left Hamburg during the Easter vacation and had been unavailable to a seriously ill student who was without any adult supervision.
Dragonas stated in her affidavit and deposition that at the December 22 meeting she either denied the reports or at least attempted to explain them. She also requested that Burke put any issues he had in writing, although Burke
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