15.08.2013 Views

ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Key Facts: Knox, principal of Wingfield High School, was approached by a student<br />

group requesting the ability to read prayers during school announcements each morning. Knox<br />

did not allow the prayers to take place initially but consulted with an assistant superintendent,<br />

Dr. Sanders, who advised Knox to speak with the school system’s legal counsel, JoAnne Nelson.<br />

Concurrently, Knox researched, in his opinion, relevant case law that suggested that reading of<br />

the prayers was constitutional, and he also conducted a school poll as to how the student body<br />

felt about having the prayers read, where 84% of respondents voted for having the prayers read.<br />

Nelson followed up with Knox soon after his initial inquiry and explained that she felt<br />

that the reading of prayers was unconstitutional and could possibly open the school system up to<br />

litigation that they would most likely lose. Knox requested her findings and reasoning in writing.<br />

He then proceeded to allow the prayers to be read on November 9, 1993, and continue through<br />

November 11, 1993. During this period, Nelson made it a point to expound the<br />

unconstitutionality of the practice. At the end of the day on November 11, Knox was placed on<br />

administrative leave.<br />

Two weeks later, Superintendent Benjamin Canada terminated Knox as the principal of<br />

Wingfield High School; however, on December 15, the school board lessened the punishment to<br />

suspension without pay for the remainder of the school year. Knox appealed in Hinds County<br />

Chancery Court where on April 24, 1994, the board’s decision was reversed. The court ordered<br />

Knox’s reinstatement with back pay. The school board appealed 2 days later.<br />

Issues: (1) Did Knox’s behavior justify “good cause” for suspension? (2) Was the<br />

reversal of the Chancery Court based on law or personal opinion? (3) Was the suspension not<br />

supported with factual evidence?<br />

162

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!