File photo Angela Bittinger, a former high school social studies teacher at Pine Valley Central School, filed a Human Rights complaint against the district.

SOUTH DAYTON — Angela Bittinger, a former high school social studies teacher at Pine Valley Central School, believes she was discriminated and retaliated against by the district.

Now, the New York state Division of Human Rights has found probable cause that her claims are warranted.

“There is a lot of validation that comes with this coming back as founded. At the time, I was completely devastated. They took my career away from me,” Bittinger said.

Bittinger resigned from her position last year after nearly 15 years with the district. She claims the district was “targeting” and harassing her until she eventually decided to resign. She also filed a discrimination complaint with the DHR against the school.

“I made some complaints about things, and the next thing you know, I’m being retaliated against by that school,” Bittinger said. “Once I made the official Division of Human Rights complaints, the retaliation really ramped up.”

Along with the district itself, Pine Valley High School Principal Kourtney Almeida and Superintendent Bryna Moritz are named as respondents in the Division of Human Rights complaint filed by Bittinger.

Division of Human Rights Regional Director Debbie Kent stated, “After investigation, the Division has determined that it has jurisdiction in this matter and that probable cause exists to believe that the Respondents have engaged in or are engaging in the unlawful discriminatory practice complained of.”

In response to the DHR determination of probable cause, Moritz stated on behalf of Pine Valley Central School, “The district strongly believes that it treated Ms. Bittinger fairly and that she was not subjected to unlawful discrimination. An outside investigation concluded that Ms. Bittinger’s allegations were without a factual foundation, and the District expects to prevail at any hearing regarding Ms. Bittinger’s allegations.”

Bittinger claims her issues with the district started when she was set to return to work from maternity leave in the fall of 2020. She claims the district was not accommodating of her needs related to pumping breast milk, and was “retaliated against” for multiple complaints she made against the district in the following months.

As stated in the complaint, Bittinger “alleges that she was not provided a suitable accommodation for pumping, and instead was forced to pump in the locker room, which other employees had a key to and would occasionally come in while she was pumping.”

Bittinger’s attorney, Lindy Korn, said, “Angela was a breastfeeding mother, who also has Celiac Disease, and she gave her employer notice that she was going to continue to breastfeed. Everything (Pine Valley Central School) did actually is against the law. … They gave her a spot to breast pump that was very far from her teaching assignment, so that it would be very difficult for her to be functional as a teacher and continue to breastfeed. … They basically told her to pump in a bathroom, which was not private, and that is absolutely not compliant with the law. For a school district to be, basically, taking away a woman’s right to choose to breastfeed by not accommodating her, and not following even the basic elements of what’s required, is quite shocking. … It’s 2023, it really shouldn’t be so hard to figure this out.”

Additionally, Bittinger says the district awarded a paid mentorship position she applied for to a less experienced individual, rather than to Bittinger, as a form of retaliation for her complaints. Bittinger alleges that, when she reported this issue, Moritz told her that she thought Bittinger “didn’t have time.”

“I think, unfortunately, a big reason for all of it is (Pine Valley) looked at breastfeeding woman as a hindrance,” Bittinger said. “… To women who are mothers, who are working, we do have a commitment to our children as they are infants. Our workplaces should not stand in the way of our commitment to do what we need to do to feed our child. … When the law is not being followed, women need to be able to speak up about it.”

According to the DHR report, “Respondents contend (Bittinger’s) needs as a lactating mother were accommodated and that she was notdiscriminated against or retaliated against because of her protected classes or for making complaints about the District’s COVID 19 protocol compliance.”

Later, on March 31, 2021, Bittinger was placed on administrative leave for alleged “unprofessional conduct” related to her comments made to students regarding censorship in China. She also claimed she was retaliated against after she publicly criticized the district’s handling of COVID-19, and told students that vaccines should be “a family decision.”

“We all have First Amendment rights. Whether my view was popular at that time or not, or whether they agreed with my view on certain things, as long as I’m expressing what I want to express in a way that’s not disruptive, my right to speak is constitutionally protected as much as theirs is,” said Bittinger. “These days, a lot of people’s rights to speak are being infringed upon because their view isn’t popular, or it’s not a view they agree with. Because my views didn’t align 100% with their views, they targeted me. I had that target on my back and they weren’t going to let up.”

According to the report, respondents state on March 29, 2021, they were notified Bittinger allegedly referred to the “current leader of China” as “Winnie the Pooh.” Respondents state it was reported that this was not the first time the comment was made and that some students thought the comment was “racist.” Respondents confirmed Bittinger was placed on leave while an investigation was conducted. Moritz told Bittinger, verbally and in writing, to not to have any contact with any employees while on leave.

On June 10, 2021, Bittinger was notified the district did not substantiate the claims of racism and she was reinstated in her position. However, it was determined that Bittinger violated the superintendent’s directives to turn in district property and not to speak with any employees during the investigation. She was issued a counseling memorandum regarding the violation.

Korn was retained as Bittinger’s attorney in April 2021 to represent her against the district. Korn was funded, in part, by a GoFundMe page titled “Protect our Freedom for Angela Bittinger.” The page raised $3,192 from 71 donations.

“I am very proud to represent Angela Bittinger,” Korn said.

Moving forward, a public hearing will be held before an administrative law judge, “where all relevant evidence is presented and the testimony of witnesses is taken under oath and subject to cross- examination.” No trial date has been set as of June 1.

Bittinger is seeking a public apology from the district. “I want a public apology because what they did was wrong and they need to address that publicly,” Bittinger said. She also stated, “I was not fond of giving up my tenured teaching position.”

Reinstatement is among the potential outcomes listed in the DHR’s information provided about the hearing process. Also listed is back pay and compensatory damages for mental pain and suffering, as well as punitive damages and attorney fees.

The Division of Human Rights must consent for both parties to enter into a settlement agreement. Stipulations of the settlement would then be made part of a final order of the Division consenting to the termination of the proceeding.

“When you’re retaliated against, you have to be patient,” Bittinger said. “You really have to follow it through, see it through to the end, and justice will be served.”