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ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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senior high school and Gilbert assumed responsibility for the junior high school. Each district<br />

maintained its own elementary school.<br />

Teachers and administrators from the districts not in charge of their grade appointment<br />

were listed as exchange teachers. One such exchange teacher was Robert Mohn who was the<br />

junior high principal in Eveleth prior to consolidation. He maintained this position after<br />

consolidation for a period of time.<br />

In April 1987, the boards abolished the position of business administrator, which was<br />

held by Myron Fahey who had previously been the Gilbert School District high school principal.<br />

One of the provisions set forth at the consolidation was the bumping procedure for continuing<br />

contract status employees. At the secondary level, the district would use a combined list of<br />

employees from both districts but not the elementary school employees as they were still<br />

controlled by one district.<br />

When Fahey’s position was abolished, he had a choice of either bumping the senior high<br />

principal or Mohn. Fahey chose Mohn’s position. Mohn was notified that he would be placed on<br />

an Unrequested Leave of Absence (ULA) in his administrative position and be eligible to bump<br />

into a teaching position as there were no other administrative positions. Mohn requested a<br />

hearing to dispute the bumping procedure as the Gilbert Elementary principal was less tenured<br />

than him and should have been bumped first. The hearing examiner rejected Mohn’s assertions.<br />

This appeal was filed.<br />

processes?<br />

Issues: (1) Did ICA require for the districts to include all employees in their realignment<br />

118

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