SCRANTON – A former physical education teacher and varsity baseball coach at West Scranton High School who alleged that the local school district unfairly claimed he violated a settlement reached in prior litigation for presenting awards to student athletes, has settled his claims with the Scranton School District for $40,000.
George M. Roskos first filed suit in the U.S. District Court for the Middle District of Pennsylvania on June 10 versus Scranton School District and its Director of Human Resources, John Castrovinci. All parties are of Scranton.
“On April 30, 2018, the District summoned plaintiff to a meeting and suspended him with pay as the Head Varsity Baseball Coach, without any facts or details whatsoever. When asked by plaintiff why he was suspended, plaintiff was simply informed: ‘Based on complaints,” the suit said.
“At no time did anyone else from the District Administration offer any facts or details to support any of the alleged ‘complaints’ cited to justify plaintiff’s untimely suspension. Plaintiff then appeared the following day, May 1, 2018, for a subsequent meeting at the District Administration Building as instructed.”
Roskos said the-then Superintendent of the District spoke generally on a myriad of past and present issues related to his coaching position, but never offered “any facts, details or explanation of the evidence to support any of her generalized and rambling statements”, and instead reaffirmed his suspension with pay, pending an investigation.
After a later positive evaluation for his coaching performance during the spring 2018 season, he was then suspended from his coaching duties again, this time for the entire 2018-2019 school year. Roskos said he was never given the opportunity to explain his side of the story and never received his procedural due process.
After a civil rights lawsuit between Roskos and the District spanning November 2018 to April 2019, the action ended with a settlement – wherein, Roskos resigned from his coaching duties. Just over one year later, the District sent Roskos a written warning letter, alleging he was violating the terms of the settlement by presenting achievement awards to student athletes, even though he was doing so only as a private citizen.
“To that end, on May 13, 2021, plaintiff received an email from the principal of WSHS, Robert DeLuca, scheduling a Zoom meeting the following day with him and defendant Castrovinci. The email simply stated that the purpose of the meeting was ‘to discuss you distributing awards for the baseball team again this year,” per the suit.
“Plaintiff, once again through his legal counsel, responded by renewing his position on the matter, and by reminding defendant Castrovinci that he still has not provided plaintiff with any substantive response or justification for the District’s position, despite being invited to do so a year earlier.”
The meeting was rescheduled to an in-person meeting at WSHS’s Alumni Room on June 7, and Roskos claimed he never received the formal charges against him, the meeting was not recorded and that he only learned at the meeting that the District believed his distribution of the awards constituted Title IX violations.
When Roskos questioned how he had violated the settlement, Castrovinci allegedly responded, “We’re not going to get into that,” and suspended Roskos without pay, effective June 9.
Through his counsel, Roskos is pursued a default judgment against the defendants via a motion filed on July 16.
UPDATE
On Aug. 13, counsel for the defendants submitted an answer to the complaint, arguing that Roskos’s claims were barred or limited by equity and/or estoppel.
“By receiving valuable consideration and executing the April 2019 settlement agreement, plaintiff promised to be legally bound by the settlement agreement. Defendants reasonably relied on plaintiff’s promise to abide by the settlement agreement. Plaintiff’s claims are barred or limited by failure of consideration,” the answer stated.
“Defendant Scranton School District paid, and Roskos accepted, valuable monetary consideration to enter in the April 2019 settlement agreement. The April 2019 settlement agreement specified that ‘Roskos further agrees that he will never coach again, or serve in any capacity that may be considered coaching, in any sport of activity in the Scranton School District.”
The case was then settled between the parties four days later, with Roskos to receive a settlement award of $40,000, inclusive of costs and attorney’s fees.
In exchange, Roskos agreed to immediately submit an irrevocable letter of resignation from his position as Head Varsity Baseball Coach at West Scranton High School and agreed that he will never coach again, or serve in any capacity that may be considered coaching, in any sport or activity in the Scranton School District.
Furthermore, Roskos agreed to release all claims against the defendants, the settlement is not interpreted as an admission of liability by the defendants and all parties have agreed to a non-disparagement clause.
The plaintiff was represented by Frank J. Tunis of Tunis Law, in Dickson City.
The defendants were represented by Karl A. Romberger Jr. of Sweet Stevens Katz & Williams, in New Britain.
U.S. District Court for the Middle District of Pennsylvania case 3:21-cv-01027
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com