Trans teacher sues BUSD, alleging harassment and hostile workplace

A former Berkeley High English teacher is suing the Berkeley Unified School District (BUSD) for alleged retaliation after complaining to administrators about a hostile work environment created by transphobic harassment and gender identity discrimination. 

Scully Randlett, who is transgender and nonbinary, worked at BUSD from July 2023 to April 2024, during which time they said they experienced numerous microaggressions from students and staff. According to the lawsuit, this included staff purposefully misgendering Randlett and students, making faces when Randlett provided their correct pronouns, and making negative comments about queer students within earshot of Randlett. When Randlett complained, school administrators allegedly became more critical of Randlett’s performance, culminating in a decision to not invite them back to teach the next school year.  

The complaint, filed on Feb. 13 in Alameda County, asks for a trial by jury and repayment of damages including lost earnings and attorney fees. The lawsuit was first reported by UC Berkeley’s Daily Californian student newspaper, and is the latest claim of sexual misconduct in BUSD. 

“Mx. Randlett was mistreated and disrespected by Berkeley Unified School District, who, like any employer, has a legal responsibility to provide a safe workplace free for all Californians from retaliation,” legal representative Sam Brown of Kramer Brown Hui LLP told Berkeleyside in an email. “Mx. Randlett lost the opportunity to return to a teaching position that they were thriving in after speaking out against anti-trans harassment.”

The complaint alleges that BUSD (including 25 unnamed individuals) engaged in harassment and discrimination — including differential treatment, changed working conditions, micromanagement, and termination — and failed to take reasonable preventative steps. Randlett, who left their job on April 8, 2024, claims they were pressured to resign by school administrators.

A spokesperson for BUSD declined comment, citing district policy on lawsuits.

The first incident described in the complaint occurred on Dec. 1, 2023, when two Berkeley High students approached Randlett holding a copy of the school’s newspaper with an image of the transgender pride flag on the cover. The two students allegedly punched the image and made “degrading” remarks about queer students, including the article’s author.

Randlett said they experienced “severe emotional distress” and feared for their safety following the incident. They took multiple consecutive days off work to recover. 

According to the complaint, Randlett emailed Title IX Coordinator Jasmina Viteskic the following week, informing her about other instances of anti-trans harassment, expressing they felt unsafe teaching at BUSD, and asking for advice. Randlett said they did not receive a response and followed up two months later about a different incident in which two teachers knowingly misgendered a student. Randlett asked about transferring to another department within the school, but again did not receive a response, the lawsuit states. 

Randlett then emailed Berkeley High Vice Principal Tonia Coleman in February 2023 to inform her of the previous incidents of harassment and to request a transfer. According to the complaint, Coleman and Randlett met a few days later, but instead of discussing harassment concerns, they discussed a recent teacher assessment of Randlett, which was “significantly more critical than previous observation notes.”

The lawsuit states that following this meeting, Coleman informed Randlett that they were selected for “non-re-election,” which means that Randlett was not invited back to work at BUSD for the next school year. According to the complaint, this designation negatively impacts teachers’ ability to work in California’s public school system. 

BUSD has contended for years with complaints from students and staff alleging sexual misconduct and gender-based violence and discrimination. Since 2014, Berkeley Unified has faced criticism from students and educators about the district enabling “rape culture,” there are ongoing investigations into BUSD by the federal Department of Education’s Office of Civil Rights, and multiple high-profile lawsuits have been filed over the last several years claiming BUSD failed to protect students and staff from sexual harm.

“We look forward to holding the District accountable and helping to ensure no one else has to go through what Mx. Randlett endured,” Brown said in an email. “The State of California should be a safe place for all its residents, including those who are non-binary and a place where those threatened by harassment on the basis of gender identity are free to speak out without punishment.”