ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Reasoning: O’Dea did not gain tenure by estoppel because she did not work beyond her
probationary period. O’Dea argued that the end of her probationary period was September 28,
1984. The Court, in relying on Matter of Agresti v. Buscemi and Matter of Pascal v. Board of
Educ., correctly ruled that the probationary period was extended by the break in service.
Finally, because O’Dea was a probationary employee, she was not entitled to a hearing.
Moreover, her claims of “stigmatization” were ill-founded as no public announcement was made
in regard to O’Dea. Her contract simply expired.
Disposition: The judgment was affirmed.
Citation: Lewis v. Harrison School District No. 1, 805 F.2d 310 (1986 U.S. App.).
Key Facts: Bill Lewis was hired by Harrison School District No. 1 in 1979 as principal of
Harrison High School. Lewis’ wife, Judy, was also employed at Harrison High School as a
teacher and head girls basketball and volleyball coach. In the same year, Judy was elected by her
peers to serve as the chairman of the Professional Rights and Responsibilities Committee of the
Harrison Education Association (PRRC).
Soon after being elected as chairman of the PRRC, Judy wrote a letter to Superintendent
Terry Humble criticizing inaction on the part of the district. Judy later met with Humble in
October to discuss her role as Committee Chairman. Bill Lewis claimed that two days after the
meeting Humble told him that he needed to “muzzle” his wife. Humble denied the allegation.
In April, Judy was notified that she would most likely be reassigned to a position at the
junior high. Bill responded to this notification by requesting a special board meeting. On May
12, 1981, 50 to 75 community members attended the meeting where Bill Lewis spoke out on the
proposed reassignment declaring it not in the best interest of the school. Bill also called into
question the professionalism of the superintendent based on his “muzzling” remarks. The board
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