Lawsuit: Dolton deputy superintendent of schools alleges retaliation for raising financial concerns

CHICAGO - The Dolton deputy superintendent of schools filed a lawsuit Thursday against the district and current superintendent for alleged racial discrimination and retaliation.

In the lawsuit, Dr. Sonya Whitaker accused Dolton West School District 148 and Supt. Dr. Kevin Nohelty of racial discrimination, retaliation and violations of federal law, including U.S. Code § 1981 and Title VII of the Civil Rights Act.

The lawsuit comes after Dr. Whitaker said she raised concerns about the mismanagement of public funds within the district. 

On May 22, Dr. Whitaker allegedly requested to speak on the record with the Board of Education about financial management concerns, but her request was not granted. 

Then, on June 6, Dr. Whitaker allegedly left a voicemail for Board President Larry Lawrence raising concerns about the financial management of public funds. Specifically, Dr. Whitaker said she discovered that Elementary and Secondary School Emergency Relief (ESSER) III funds were allocated to projects without proper documentation or board approval. This would potentially violate federal grant requirements, the lawsuit said.

Lawrence indicated that he would speak with Dr. Whitaker when he returned from traveling. However, the lawsuit stated that he never met with her or allowed her to speak with anyone on the board. 

That same day, June 6, Dr. Whitaker allegedly spoke with the Vice President of the Board about her concerns.

On June 10 and June 24, Dr. Whitaker said she then raised the same concerns with Supt. Nohelty, specifically about the reallocation of about $13 million of ESSER III funds.

Supt. Nohelty allegedly directed Dr. Whitaker to plan to make changes to the ESSER III Grant "after the funds had already been allocated in the budget line item statement as presented to the Illinois State Board of Education and to the Dolton
West School District 148 board in numerous public board of education meetings," the lawsuit said.

Within two weeks of raising financial management concerns, Dr. Whitaker said she was excluded from key meetings and decision-making processes.

On July 2, Supt. Nohelty allegedly suspended Dr. Whitaker with pay and without prior warning or procedures.

Dr. Sonya Whitaker

On or about Aug. 7, Dr. Whitaker spoke with the Deputy Officer for Instructional Education for the Illinois State Board of Education about her concerns and detailed those concerns in an email to the deputy officer, the lawsuit said.

On Aug. 19, Supt. Nohelty allegedly issued a pre-suspension notification letter indicating the Board's intent to consider suspension without pay and termination for Dr. Whitaker. 

According to the lawsuit, the district failed to comply with board policy on suspension by not providing proper notice and due process. 

In the notice, the district and superintendent accused Dr. Whitaker of 20 alleged acts of misconduct, including theft of public property and unlawful harassment. 

On Sept. 5, Dr. Whitaker was allegedly suspended without pay. Additionally, it is alleged that this action happened at a Board meeting, where the agenda item regarding Dr. Whitaker was publicly posted. 

During the meeting, Supt. Nohelty, through legal counsel, allegedly presented the charges against Dr. Whitaker to the full school board, which was held in open session and broadcast via the internet. The lawsuit said this act caused Dr. Whitaker emotional distress and damaged her reputation. 

The lawsuit claimed that Supt. Nohelty and Board President Lawrence held multiple private meetings to discuss ways to remove Dr. Whitaker from her position after she raised concerns about fund misallocation and refused to participate in any wrongdoing. 

The lawsuit also stated that Dr. Whitaker was the only African American in a senior leadership position and was subjected to "heightened scrutiny and harsher disciplinary measures." Additionally, the lawsuit claimed that no other administrators who raised concerns about district operations were subjected to suspension or termination proceedings.

As a result of the district and superintendent's actions, the lawsuit alleged that Dr. Whitaker suffered a loss of income exceeding $250,000, severe emotional distress and significant damage to her professional reputation in the education community.

On Thursday, Dolton West 148 Board of Education and President Larry Lawrence released the following statement:

Dolton West School District 148 is committed to being a place where teaching and learning happen in a safe and respectful environment, free from harassment or discrimination of any kind. We hold ourselves to a high standard of excellence and accountability in our stewardship of taxpayer resources. In fact, Dolton West School District 148 was one of 46 Illinois districts recently recognized by the Illinois Association of School Boards (IASB) for its work in learning and practicing effective governance behaviors.

The District intends to fully defend itself against the false and malicious allegations presented by Deputy Superintendent Dr. Sonya L. Whitaker at a news conference today. District 148 takes all complaints and allegations seriously. Throughout her five-year tenure at District 148, Dr. Whitaker has made no formal complaints to the superintendent or the Board regarding either her working conditions or the District’s use of funds. In fact, the funds that she alleges were misused have actually been under her jurisdiction throughout her tenure.

The facts are this:

• Dr. Whitaker has been on administrative leave with pay since July 1, 2024 following multiple complaints filed by District 148 employees alleging that she harassed and/or bullied them. An investigation conducted by the District’s law firm confirmed these complaints.
• Following a public hearing last week, conducted by an independent hearing officer who is a retired appellate court judge, the Board of Education voted to transition Dr. Whitaker to unpaid administrative leave.
• A public hearing will be held on September 23 and 24, 2024 to determine whether Dr. Whitaker will be terminated.