Sexual Orientation—

Lawsuit Alleges Deprivation Of Rights, Defamation Of Former NHS Teacher

By Andrew Gorosko

A former Newtown High School Spanish-language teacher is pursuing a lawsuit in Danbury Superior Court against the Board of Education and Newtown High School Principal Charles Dumais, claiming that he was deprived of his rights and forced out of his teaching job in 2011 due to his homosexual orientation.

In the legal documents dated August 27, plaintiff Tomas Hernandez Rozas of Burlington states that the legal action seeks to redress a deprivation of rights, as specified by state law.

In the lawsuit, Mr Rozas also claims that Mr Dumais defamed Mr Rozas’s character.

Through the lawsuit, Mr Rozas seeks lost wages, punitive damages, attorney’s fees, costs, and interest, plus damages for harm due to emotional distress and reputation.

Attorney Michelle N. Holmes of Waterbury, who represents Mr Rozas, said September 5, “I have no comment. My complaint speaks for itself.”

Newtown School Superintendent Janet Robinson said the lawsuit will be reviewed by the school board’s insurance agency.

Mr Rozas resigned his position as a teacher, Dr Robison said, adding that Mr Dumais does not force people out of their jobs.

“I don’t believe there’s a basis for that claim…It is not true…There’s absolutely no basis to it,” Dr Robinson said of Mr Rozas’s various allegations.

Dr Robinson said that a person’s sexual orientation is not a factor in school officials’ review of their work performance.

Mr Dumais said, “Making a comment about an active [lawsuit] would be inappropriate.”

Mr Rozas started work for the school system in August 2009.

The lawsuit alleges that in March 2011, Mr Rozas was called into Mr Dumais’s office and was told that if he did not resign, he would be terminated. Mr Rozas would have been tenured as of August 2011, and was told that if he did not quit his job, it would be made very clear in is personnel file that he was terminated, it adds.

Consequently, Mr Rozas left his job, according to the legal papers.

“As a direct and proximate result of his sexual orientation, defendant Newtown [Board of Education], by and through its employee defendant Charles Dumais, terminated plaintiff’s employment,” the legal papers state.

The job loss caused emotional distress, mental anguish, humiliation, a damaged reputation, lost wages, and other economic loses, according to the court papers.

Additionally, the lawsuit alleges that when Litchfield public school officials later contacted Mr Dumais about possibly hiring Mr Rozas as a teacher after Mr Rozas had applied for work in Litchfield, Mr Dumais recommended against hiring Mr Rozas because he was not a good teacher.

Before Mr Rozas could pursue a lawsuit, he filed a claim with the Connecticut Commission on Human Rights and Opportunities, as required by law.

 That August 22 document includes an affidavit in which Mr Rozas states his claims about discrimination based on his sexual orientation.

In that document, Mr Rozas states, “Throughout the course of my employment [at Newtown High School] my performance has been acceptable and I have received evaluations and increases in salary commensurate with that performance.

“As far as I know, I was the only teacher that was open about his/her sexual orientation. However, that issue was never discussed during my employment application/interview process. I also did not draw any attention to that component of my life,” he adds.

The town has a September 18 court return date in the lawsuit.