ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Disposition: The court affirmed the trial court’s denial of judgment notwithstanding the verdict, the courted vacated the damages award and remanded to district court for a new trial to determine compensatory damages. Pa. Commw.). Citation: Walsh v. Sto-Rox School District, 110 Pa. Commw. 421; 532 A.2d 547, (1987 Key Facts: Walsh had served as principal of the 8th and 9th grades for the Sto-Rox School District for 9 years. He was notified on October 16, 1985, that he was being reassigned to the position of assistant high school principal. Walsh appealed to the Secretary of Education claiming that he had not given consent to the reassignment nor had he been notified of his right to have a hearing. Walsh argued that he had been demoted and requested reinstatement and a remand to the school board for a proper hearing. The appeal was quashed by the Secretary for failure to have first had a hearing with the local board. This appeal followed. Issues: (1) Was Walsh required to request a hearing prior to appealing to the Secretary? (2) Was Walsh’s reassignment a demotion? Holding: The court held that the Secretary’s order quashing the appeal was just. Reasoning: The court has made clear numerous times that it is of the utmost importance that the employee create a record with the board of education in regard to a dispute that allows the Secretary to consummately weigh each side of the argument. This point was exemplified in Department of Education v. Charleroi Area School District (1975). Walsh claimed that he was not notified that he had to request a hearing. He asserted that § 1151 of The Education Code required the board to exercise a hearing. This assertion was insignificant. Section 1151 requires that a hearing be made available. Nowhere in the statutory language did the legislature burden the school system with initiating the hearing; that responsibility fell to the employee. 107
The board further maintained that Walsh was not entitled to a hearing because he had in fact been promoted. However, the court noted that movement from a job of relative autonomy to a position with a direct supervisor on site can be argued as a demotion. The court explained that the facts of the employment change were irrelevant in determining whether a hearing was conducted. The employee need only “believe” there was a demotion. The facts of the matter can be resolved in the hearing, but the hearing, assuming the employee requests one, must occur. In saying all of this, the Secretary was in no position to adjudicate for either side in this matter, but because Walsh had failed to secure the proper steps in his appeal, his stance was invalid and thus was his appeal. Disposition: The court affirmed the Secretary’s order quashing the appeal. Citation: Desoto County School Board v. Garrett, 508 So. 2d 1091, (1987 Miss.). Key Facts: Kathryn Garrett and Billie Payette were both principals for the Desoto County School Board (the board). The board notified both Garrett and Payette, that their contracts as principals would not be renewed for the 1985-1986 school year, on February 28, 1985. Consequently, they were extended offers for teaching positions within the district. Both requested written reasons for non-renewal and hearings before the board. The board cited the following reasons for Garrett and Payette’s non-renewal: failure to properly maintain school academic program, failure to communicate effectively, failure to employ positive interpersonal skills, failure to assume proper responsibility over employees, and failure to provide an effective leadership style. Prior to the board hearings, Garrett and Payette secured counsel who requested the detailed written reasons including “dates, times, places, and persons involved.” Their requests were denied. The meetings were conducted on March 25, 1985, and neither Garrett nor Payette 108
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ADVERSE EMPLOYMENT ACTIONS AND PUBL
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ABSTRACT The purpose of this resear
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Finally, I can never express my app
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III METHODOLOGY ...................
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V SUMMARY, CONCLUSIONS, AND RECOMME
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21 District Realignment with Litiga
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LIST OF FIGURES 1 Creswell’s Data
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Since 1981, there have been no less
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Research Questions The research que
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Affirm: (1) to assert as true or fa
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Estoppel: (1) a bar to the use of c
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Transfer: (1) a conveyance of a rig
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Catchings-Owens, 2000; Harris, 2011
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administrators very often feel that
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number of other incendiary titles.
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significantly beyond those of teach
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Much like his previous category, Sa
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indicative of future administrative
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in improving poor administrators is
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acknowledge those meetings as notic
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primary cause for adverse actions w
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school administrators (Davis, 1998;
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4. What principles to guide the pra
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ever emp ploys them. This T alterat
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First, the researcher collects data
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Summary In summary, this chapter pr
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was not maintained at the level tha
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Dr. Burger and the board to which M
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eassignment/reassignment of adminis
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Holding: The court held that § 125
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Because the finding was affirmed, t
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Key Facts: Forrest E. Stafford was
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Key Facts: Joseph Lyznicki was prin
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Citation: Totten v. Board of Educat
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Page 71 and 72: Citation: Rossi v. Board of Educati
Page 73 and 74: extra time and wages during the lit
Page 75 and 76: Holding: The court held that Taylor
Page 77 and 78: presented. In the case of Ledew, it
Page 79 and 80: SDCL 15-6-52(a) provides the court
Page 81 and 82: Issues: (1) Did the board illegally
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Page 85 and 86: middle school and Grade 9 up to hig
Page 87 and 88: Reasoning: The board empowered the
Page 89 and 90: and torture” the Harvey’s. This
Page 91 and 92: similar position assuming that all
Page 93 and 94: Key Facts: During the 1981-1982 sch
Page 95 and 96: Disposition: The trial court’s ru
Page 97 and 98: Key Facts: Benson was the principal
Page 99 and 100: Finally, the cross claim from the d
Page 101 and 102: Foster for each month that he worke
Page 103 and 104: Roughly two weeks later and after a
Page 105 and 106: the composite evidence that all ind
Page 107 and 108: halted Bill’s speech at this poin
Page 109 and 110: Disposition: The district court rul
Page 111 and 112: Following the 1981-1982 school year
Page 113 and 114: Reasoning: The court theorized that
Page 115 and 116: state board of education. Based on
Page 117 and 118: non-renewal for cause was valid. Th
Page 119: earing on his non-renewal. Second,
Page 123 and 124: As to the award of back pay, the bo
Page 125 and 126: documentation of Finance Director M
Page 127 and 128: proper hearing was conducted he wou
Page 129 and 130: Teachers move to principalships whe
Page 131 and 132: senior high school and Gilbert assu
Page 133 and 134: Daury put a student in a strangleho
Page 135 and 136: school board president, received re
Page 137 and 138: to numerous schools as principal an
Page 139 and 140: The district court found that Roger
Page 141 and 142: (3) Was there sufficient evidence t
Page 143 and 144: Reasoning: The court reasoned that
Page 145 and 146: Issues: (1) Did Preston Pierce have
Page 147 and 148: tenured teacher and assume a teachi
Page 149 and 150: Holding: The Missouri Court of Appe
Page 151 and 152: employee. Fifth, written notice of
Page 153 and 154: 1992 Citation: Carrillo v. Rostro,
Page 155 and 156: expecting, Terry openly admonished
Page 157 and 158: Smith filed in the court of appeals
Page 159 and 160: R.C. 3319.02 did not require boards
Page 161 and 162: Issues: (1) Despite the sheer bread
Page 163 and 164: for rehearing. Holding: The court h
Page 165 and 166: current contract. Her contention wa
Page 167 and 168: Citation: McCormack v. Maplewood-Ri
Page 169 and 170: Finally, McCormack accused M-RHSD w
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5451. If administrators were provid
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employment elsewhere to no avail. I
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Key Facts: Knox, principal of Wingf
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1998 Citation: Caston School Corpor
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The search was in direct violation
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School divided into two separate bu
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day with recess and lunch duty. She
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funds. Bradshaw would later issue t
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Holding: The court held that Downin
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only board members present with Moy
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noted that none of these reasons ha
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American, prior to Black’s reassi
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questions or concerns regarding sex
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The board vested the responsibiliti
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policymaker. The court further gran
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On April 26, 1999, Graham filed a g
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Principal’s Performance Review (P
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Issues: (1) Did the school district
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way evidentially rebutted the asser
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placed in Brown’s personnel file,
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Hinckley argued that she was a more
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Oliver sued for over $230,000 in co
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for cause to have been correct and
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In August, Lassiter met with Sawyer
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Everson relied on the point that sh
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Reasoning: First, it is of importan
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Reasoning: First, R.C. 3319.11(B) r
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school computer during school hours
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no evidence greater than hearsay. M
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Issues: (1) Did Patten suffer from
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Reasoning: The board did terminate
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clique because of her race. The dis
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Specifically, the court noted that
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improved the rating to letter C. Ho
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D’Angelo’s associational claim
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Next, Sanders argued that she had b
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Issues: (1) Did Fiero suffer First
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Holding: The court held that Moore
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The first incident occurred in a cl
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oard elected to reassign Herrera to
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Key Facts: In December of 2001, Her
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In February 2006, Gepford visited M
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current case had to be strikingly s
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also. Following the enactment of th
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2010 Citation: McFerren v. Farrell
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Third, the court deduced that McFer
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during the 2006-2007 school year he
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Family Medical Leave Act (FMLA). De
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actions regarding financial matters
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manager. In December 2006, Soroka c
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y sufficient evidence, and that Cor
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they placed Heutzenroeder on perfor
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further clarified that Heutzenroede
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traffic stops with females. Flores
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teacher, Flores was unable to conne
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The latter event was of a more seri
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action because Herbert suffered a
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quantitative breakdown of the infor
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Case Year State Action PP Litigativ
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Case Year State Action PP Desoto Co
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Case Year State Action PP Brandt v.
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Of the five cases, two common threa
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Case Year State Action PP Martinek
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each of these cases, the school sys
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eassignment cases were tied to empl
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Case Year State Action PP Patten v.
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Case Year State Action PP Sweeney v
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Administrators in 7 of the 19 cases
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Table 11 Prevailing Party--Employee
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Table 12 Prevailing Party--School C
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documentation of employee actions s
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Table 13 State Count Master Case Ye
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Case Year State Action PP O’Dea v
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Table 15 State Count--Pennsylvania
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argument failed because New York on
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In Williams v. Seattle School Distr
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had employed the administrator with
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Three other cases were split in par
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Table 22 District Realignment--Sala
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Table 24 Constructive Discharges wi
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Table 26 Constructive Discharges--I
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In Reed v. Rolla 31 Public School D
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eceived numerous warnings over exte
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physical altercation with a student
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Table 34 Failed Leadership--Insubor
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Table 35 Failed Leadership--Incompe
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falsification of documents (2), per
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Outlandish behaviors--physical alte
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Rabon v. Bryan County Board of Educ
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Kirschling v. Lake Forest School Di
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This category reiterated the middle
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intelligence. However, dissent over
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Two cases displayed strife between
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skills are of the utmost importance
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Table 47 Upstanding Behavior--Schoo
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As it was noted before, five issues
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It was explained earlier that the o
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administrators violated due process
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In Snipes v. McAndrew, (1984 S.C.),
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speech is not protected by the Firs
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In Lewis v. Harrison School Distric
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statutes in Klein v. Board of Educa
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eassigned, which was allowed per th
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Botti claimed that he was never pro
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CHAPTER V SUMMARY, CONCLUSIONS, AND
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had been either incorrectly carried
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First, in racial discrimination cla
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Fourth, insubordination was the nex
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have to be an act; it could simply
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failure to inform administrators in
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Outcomes--Identifying Information 2
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Outlandish behavior. Of the 18 outl
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There was a case upswing beginning
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present in these cases with demotio
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supposed insulated speech. The adve
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4. An administrator who possesses t
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17. District-level administrators f
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29. A district/board’s proffered
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Second, Sacken (1996) and Davis (19
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REFERENCES Cambron-McCabe, N. H., M
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Price, H. (2010). Does No Child Lef
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