MANHATTAN (LN) — U.S. District Judge Lewis J. Liman granted summary judgment to The Churchill School and Center on Thursday, dismissing the employment discrimination lawsuit brought by Dennis McConkey, a gay art teacher who alleged the school tolerated a hostile environment and retaliated against him for reporting harassment.

McConkey, who taught at the K-12 independent school from 1992 until his firing in October 2022, claimed he was subjected to homophobic microaggressions and that his supervisor, Principal Jason Wallin, repeatedly referenced a 2001 incident where a homophobic slur was written on a whiteboard in Wallin’s classroom.

McConkey argued that Wallin used the incident to intimidate him during annual performance reviews, effectively turning the teacher’s victimization into a tool of power.

The school terminated McConkey following an investigation into an October 2022 incident where McConkey opened the door to a girls’ bathroom with his leg to locate two absent students. Surveillance video recorded by Assistant Head of School Annita Bruna showed McConkey opening the door, which struck a student.

McConkey’s termination letter cited his "unprofessional behavior towards both students and colleagues" and a "history of this type of inappropriate conduct," referencing a 2017 suspension for anger management issues.

Liman granted summary judgment, finding that Churchill provided a legitimate, non-discriminatory reason for the termination: McConkey’s conduct toward students and his prior disciplinary record. The judge noted that McConkey had been warned multiple times that further outbursts could lead to termination.

McConkey also sought spoliation sanctions under Federal Rule of Civil Procedure 37(e), arguing that Churchill intentionally destroyed original surveillance footage that would have shown students entering and exiting the bathroom, thereby undermining their credibility.

Liman denied the sanctions motion, ruling that McConkey failed to prove prejudice or intent to deprive. The judge found that the missing footage was immaterial to the school’s decision, which relied on the video of the door opening itself and witness statements, not the students’ demeanor after the fact.

McConkey is now 63 and was replaced by his former assistant teacher, Hilary Van Santen.