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The NRICH Project aims to enrich the mathematical experiences of all learners. To support this aim, members of the NRICH team work in a wide range of capacities, including providing professional development for teachers wishing to embed rich mathematical tasks into everyday classroom practice.

Plaintiff, Betty Jo Pendleton, was diagnosed in 1964 as having Multiple Sclerosis, a progressive auto-immune disease. The Defendant, Jefferson Local School District was aware that the plaintiff had this disease when they hired her in 1966. Plaintiff was primarily an eighth grade math teacher from 1966 until she took disability leave with the State Teachers Retirement Plan in 1987.

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Sometime prior to April 20, 1987 defendant Donald Schiff, the principal at Memorial Middle School, discussed the plaintiff's condition with the plaintiff's personal physician Dr. Martin Marcus. It is unclear from the record who initiated the communication. Plaintiff alleges defendant Schiff did so without her knowledge, approval, authorization or consent. Schiff counters by claiming the opposite. Subsequently on April 20, 1987, defendant Schiff met with plaintiff's husband, John Pendleton. Defendant indicated that Dr. Marcus told him that plaintiff was suffering from a psychosis resulting from plaintiff's prolonged use of legally-prescribed cortizone medication. Defendant Schiff also suggested accommodating any health problems by having the plaintiff teach part-time or teach a subject less strenuous than math.

Dr. Marcus has not been deposed, nor have affidavits been received from him. However, in the affidavit of Dr. James M. Parker, another physician of the plaintiff, Dr. Parker stated that he had examined the plaintiff on or about May 11, 1987 and observed no sign of psychosis. He thereafter sent a letter to defendant Schiff detailing his report. On or about May 15, 1987, defendant Schiff retracted his decision and decided to permit plaintiff to teach math full-time for the 1987-88 academic school year.

When Mr. Schiff visited the plaintiff in the hospital the plaintiff suggested she interpreted certain comments that were made by the defendant to be unpleasant to her. One comment by the defendant was that, "you've [the plaintiff] really messed up now." Another comment was in response to plaintiff's offer to help students who had failed their math competency tests. Defendant replied, "[It's] on your conscience now, if they failed, they failed." Since these comments were not stated with an angry tone it is uncertain whether these comments were intended to be humorous, sarcastic or harassing.

In Banks v. Rockwell International N. Am. Aircraft Operations, 666 F. Supp. 1053 (S.D.Ohio 1987) (J. Graham), this district enunciated the importance of granting summary judgments in appropriate situations by stating that: "Although summary judgment should be cautiously invoked, it is an integral part of the Federal Rules which are designed to secure the just, speedy and inexpensive determination of every action." Citing, Celotex Corp. v. Catrett, 477 U.S. at 324, 106 S. Ct. at 2553, (quoting Fed.R.Civ.P. 1) Anderson, 477 U.S. at 252, 106 S. Ct. at 2512.

To consider these elements: 1) It is uncontested within this matter that the plaintiff falls within the definition of a handicapped person. There is no dispute that she is "otherwise qualified" to serve as a teacher despite her handicap. And for several years, the plaintiff had been working as a full time mathematics teacher. It is also uncontested herein that her Multiple Sclerosis qualifies for a handicap. This demonstrates to this Court that the plaintiff was an `otherwise qualified handicapped individual' for purposes of the Act.

In Bishop v. Wood, 426 U.S. 341, 344, 96 S. Ct. 2074, 2077, 48 L. Ed. 2d 684 (1976), the Supreme Court held that the determination of employment is decided by reference to state law. The rule in Ohio as to what constitutes constructive termination of employment has been stated in Kinney v. Department of Adm. Services, 14 Ohio App.3d 33, 469 N.E.2d 1007 (1984), to exist when, "an employer induces the resignation as the only alternative to a removal based upon unfounded charges of misconduct." Id. at 36, 469 N.E.2d 1007. The plaintiff took disability leave with the intent of returning to teaching in the future. (Pendleton depo. at p. 79). The plaintiff further admitted that it was her understanding that had she returned to school in the Fall of 1987, she would be teaching math full time. (Pendleton depo. at p. 78). ff782bc1db