ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

School divided into two separate buildings one being K-5 and the other 6-8. During this year,
Ulichny’s previous supervisor resigned and was replaced by Michael Budisch, a district-level
administrator. Once again, Ulichny’s evaluations were scattered at best. The board proceeded to
notify of its intent to not renew her contract. However, in March 1997, the board, while not
renewing her previous contract as the principal of the Merton School, offered her a 1-year
contract as principal of the Merton Intermediate School. Following this offer, the school board
issued Ulichny a formal evaluation stating areas, such as “interpersonal relationships,” that must
show extensive improvement in the coming school year.
In July 1997, Mark Flynn was hired as District Administrator, and he assumed the role of
Ulichny’s supervisor. In October 1997, a school incident occurred that would ultimately spawn
this case. Five to six 7th and 8th grade students pinned down another boy and gave him a
“wedgie” that wound up tearing his underwear. The boy immediately reported the incident to
Ulichny. Upon hearing the boy’s testimony, Ulichny promptly conferred with Flynn on a course
of action that included reporting to the police the incident. The offending boys were cited for
disorderly conduct and suspended for an unreported number of days. Neither Flynn, nor Ulichny
had any idea how much this incident would consume them.
In November after the “wedgie” incident, Ulichny received her first evaluation from
Flynn, which was extremely favorable, and her second report that was issued in December was
just as positive. Following this second report, Flynn presented his opinion to the board that
Ulichny had earned a 2-year contract extension. The board voted to offer Ulichny a 2-year
contract in closed session thereafter. On the same day the board voted to offer Ulichny a 2-year
contract, a story ran in a local paper about the “wedgie” incident and another followed in
January. On January 20, the board met to discuss the incident with all parties involved to
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