ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Reasoning: The board did terminate Flickinger without due process. That fact was very
clear. However, the court explained that the proper and understood measure for correcting such
an error is not dismissal of charges but rather reinstatement and proper handling. Because the
board reinstated Flickinger in October and carried out de novo reviews of the incident, Flickinger
had been afforded all applicable due process protections.
On Flickinger’s second claim, § 24 § 11-1122(a) of the code clarifies that willful neglect
of duty is defined by an individual’s disregard or intentional failure to respond or act.
Flickinger’s choice to deal with the volatile parents was willful neglect of duty insomuch that it
was not the top priority. The gun incident was. Therefore, his decision to not respond
immediately was valid grounds for termination for willful neglect of duty.
2007
Disposition: The secretary’s judgment was affirmed.
Citation: Woods v. Enlarged City School District, 473 F. Supp. 2d 498, (2007 U.S. Dist.).
Key Facts: Woods was hired by the Enlarged City School District of Newburgh (the
district) as a program specialist in 2000 to serve at Gardnertown Fundamental Magnet School.
According to Woods, who brought suit under 42 U.S.C. § 1983 and Title VII of the Civil Rights
Act of 1964, she experienced racial discrimination from her first day on the job. Woods asserted
that people at the school simply “looked through her” or “didn’t acknowledge” her existence
when she was introduced. The vast majority of negative incidents involved Woods and three
White teachers: Linda Apuzzo, Eve Gordon, and Robin Phillips. Woods and her lawyer referred
to this triumvirate as the “clique” throughout the case opinion and so too will this brief. The
principal of Gardnertown was Steven Runberg, also White. Runberg’s direct supervisors and two
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