ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

encouraged her to work with union officials in retooling her P-5 plan. Vargas-Harrison’s
superior, Patricia Stephens-Rogers, also explained that it was very important to solidify the
relationship with the teachers’ union as this would help out the district. Vargas-Harrison did not
heed this advice.
A group of parents and teachers submitted a new proposal on behalf of Knapp
Elementary while Vargas-Harrison submitted her unrevised version. The board chose to employ
the modified version. Returning to the May 25 P-5 Proposal Meeting, Vargas-Harrison attended
in order to show support; however, she was allowed to speak at the meeting and chose to totally
reject the modified Knapp proposal. Moreover, she furnished copies of her proposal and
explained that is was time to let the principals run the schools and not the unions. Consequently,
Vargas-Harrison met with district officials regarding the meeting and was demoted to assistant
principal at another school on June 18, 1999. She never reported.
Near the end of July 1999, she filed suit alleging that she was demoted in retaliation for
speech at the meeting, which constituted a violation of her First Amendment rights. She then
sought injunctions to bar her reassignment and demotion. These were denied in district court.
Soon thereafter, the district requested summary judgment on the grounds that Vargas-Harrison
was a policymaker and could be demoted for public comments that are counter to her superiors
or efficiency of the institution. After expending all possible leave time and failing to ever report,
Vargas-Harrison was terminated in January 2001, prior to the ruling on summary judgment.
Vargas-Harrison sought to amend her suit to add two new charges of retaliatory discharge
and violation of procedural due process. Prior to consideration of her amendment, the court
granted summary judgment to the defendants and agreed that Vargas-Harrison was a
185