ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Citation: Bell v. Board of Education, 711 S.W.2d 950, (1986 Mo. App.).
Key Facts: Maurice Bell was principal of Clinton Middle School for the 1983-1984
school year and for a portion of the 1984-1985 year. In early April 1984, Bell met with a teacher,
Mona Kozlen, to discuss a proposed field trip to Meremec Caverns. During the discussion,
Kozlen shared photos of the previous trips there, brochures, and discussed a trip there with her
grandchildren where they had played in the Meremec River near the caverns. Bell stated to her:
“No water.” The field trips, though, were approved.
On May 11, 1984, the seventh grade students from Clinton Middle returned from their
trip to Meremec Caverns. The students were sharing photographs of themselves playing in the
river with other students and many were visibly wet. All of these events occurred in the presence
of Bell. He viewed photographs from Sylvia Small (7th grade teacher) that showed students in
the river to which he asked if her students had been allowed to go swimming. Regina Wells (7th
grade teacher) would later testify that she saw Bell look at photographs and ask students if they
had been swimming while on the trip.
The following week, the sixth grade class went on the same trip. It was the habit of Bell
to check buses before field trips left. However, he did not do so on this morning because he was
searching for a student who was supposed to be on the bus for the field trip. It was reported that
on one bus, a student had brought an inflatable raft that was already blown up and could be seen
from the back of the bus. The buses left prior to Bell’s customary inspection and without his
permission. The agenda was the same on this trip: students visited the caverns, had lunch, and
were allowed to play/swim in the Meremec River. Unfortunately, on this trip, one student
drowned.
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