ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Reasoning: First, R.C. 3319.11(B) requires school districts that employ teachers that were
continuing contract status in another district to honor that status after 2 years of service. By that
standard, Midlam was entitled to a teaching position in the Greenville School District.
Second, Midlam argued that her evaluations were not in keeping with the prescriptions of
R.C. 3319.02(D)(2). That code encapsulated the requirements of the formal evaluation measure.
Midlam contended that she was not properly notified of her deficient areas and given time to
improve upon those. The court reasoned that the 8 months between her last evaluation and the
evaluation recommending her non-renewal was sufficient time to correct the deficiencies that
had been listed on each evaluation.
Disposition: The court affirmed the ruling on Midlam’s invalid evaluation claims but
reversed and remanded to the trial court to settle Midlam’s valid claim to a teaching position.
Citation: Reed v. Rolla 31 Public School District, 374 F. Supp. 2d 787, (2005 U.S. Dist.).
Key Facts: Lynne Reed (a woman) was employed by the Rolla 31 Public School District
as principal of Mark Twain Elementary School. In January 2002 while Reed and her husband
were separated, Reed engaged in an extramarital affair with Dennis Cook (also married), the
Rolla 31 Director of Maintenance. This affair would carry on for over 6 months and entangle
numerous individuals in the process. Evidence brought forward showed a pattern of sexual
harassment on the part of Reed. Following the conclusion of the affair, Reed contacted Assistant
Superintendent of Schools, Dr. Aaron Zalis, to report concerns about Cook’s mental stability.
Zalis, in speaking with Cook, learned that Cook had problems with Reed. However, neither
disclosed their affair when asked if there was more to their relationship than professional
concern.
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