Dartmouth High counselor's lawsuit alleges retaliation for harassment complaints
DARTMOUTH — In a lawsuit filed with Bristol County Superior Court earlier this month, Dartmouth High School guidance counselor Melissa Fitzgerald alleges she suffered "unlawful discrimination on the basis of ... sex and retaliation" after making complaints of sexual harassment from then-Vice Principal Richard Gill.
The lawsuit, filed Jan. 11, names the district, Gill, and then-Dartmouth High Principal Ross Thibault as defendants, and alleges that Fitzgerald was subject to inappropriate behavior from Gill starting from the first time they met. According to the public document, in May 2019, Gill introduced himself to Fitzgerald and reached for a handshake, during which he's alleged to have "inappropriately kept hold of Ms. Fitzgerald's hand and said that he had been divorced twice and that both of his ex-wives were Italian."
"Mr. Gill then stated he did not see a ring on Ms. Fitzgerald's finger," the document reads, stating the interaction ended with Fitzgerald pulling her hand free, pointing out her Irish last name and stating "she was not interested," before asking Gill "not to put his hands on her again." According to the lawsuit, Fitzgerald then reported the encounter to her director, Bridgit DaSilva, and Renee Vieira, who is a co-president of the local teachers union.
Hope for Porter:'The coolest person I know': SouthCoast steps up for Acushnet 7-yr-old with a brain tumor
Behaviors continued, administration knew, lawsuit alleges
The lawsuit goes on to allege further inappropriate behaviors by Gill toward Fitzgerald, including persistent attempts to get Fitzgerald's personal phone number by asking both her and a co-worker for it; and comments such as "Why does your office always smell like an armpit?," and "Who is the angry girl in the mirror? Where is the smiley, beautiful Ms. Fitzgerald that I know?" According to the lawsuit, the latter comment was made on Dec. 13, 2020 relative to a situation in which Fitzgerald refused Gill's request for her to witness DaSilva's search of a female student, informing DaSilva and Gill that the student had a history of trauma and should not be searched without a parent present.
Later that day, the lawsuit states Fitzgerald requested a meeting with Superintendent Dr. Bonny Gifford and Assistant Superintendent of Finance and Operations James Kiely "to report the sexual harassment and hostile work environment at Dartmouth High School," which, according to the document, was not scheduled.
The document states that "at all times relevant to this matter, Mr. Thibault was aware that Ms. Fitzgerald and several other female employees had been subjected to unwanted conduct of a sexual nature by Mr. Gill," and that Thibault "took no action" to address it.
More Dartmouth news:Dartmouth parents/guardians needed for superintendent screening committee
Lawsuit alleges retaliation for complaints
According to the document, on Feb. 18, 2021, Fitzgerald submitted a letter to the district through her attorney requesting an investigation into Gill's conduct and the administration's knowledge of it. "The investigation concluded that sexual harassment was likely to have occurred," the lawsuit reads, also noting the September 2021 filing of an MCAD complaint, shortly after which Fitzgerald alleges she "began experiencing a hostile work environment and retaliatory actions by her employer, Dartmouth Public Schools."
"Ms. Fitzgerald was falsely and bizarrely accused of things such as, in October 2021, sending a male student to the Guidance Office for a muffin, where he was allegedly disrespectful," the lawsuit states. Other alleged retaliation cited in the document includes having student information withheld and being left out of Student Support Team communications, as well as specific incidents such as one said to have happened in February 2022 where DaSilva allegedly refused to promote one of Fitzgerald's assigned students to Grade 12 "despite approval from the principal, thereby preventing the student from applying to colleges in the fall."
"As a result of this hostile work environment Ms. Fitzgerald suffered and continues to suffer from severe emotional distress," the lawsuit states.
More local school news:Tensions between ORR school officials surface at meeting
According to the document, Fitzgerald "demands judgement in her favor ... for full and substantial damages, including compensatory and punitive damages, plus attorney fees, interest, and costs."
Attorney Scott Lang, who is representing Fitzgerald, told The Standard-Times there is currently no court date set for this matter.
News sources report Fitzgerald remains employed at the school, and Gifford confirmed Gill "no longer works for the district as he retired," DaSilva remains director of High School Counseling and Support Services, and Thibault remains director of Teaching and Learning for the Secondary Level, a position he began this school year.
This article originally appeared on Standard-Times: Dartmouth High employee alleges retaliation for harassment complaints
