ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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individuals that would play key roles in the facts of this case were Assistant Superintendents Olivia Henderson and Dr. James Dupree, both Black. In July 2001, Woods was promoted to an assistant principal position due to a district initiative to reclassify all program specialist titles. Woods began to report incidents involving the clique almost immediately thereafter. Woods documented incidents such as Phillips openly criticizing her abilities in front of students and parents. Woods documented an episode where she went into Gordon’s class to perform and informal walk-through and Gordon told her that only Principal Runberg would be evaluating her in a very rude and unprofessional manner, according to Woods. In each case, Woods criticized Runberg for not disciplining the clique members. The behaviors did not cease there. Apuzzo and Woods argued over photos being printed--which was one of Woods’ previous responsibilities as a program specialist. Woods explained that she was an assistant principal now and that was no longer her job. The argument grew heated enough that Apuzzo filed a formal complaint against Woods thereafter. This litany of behavior with Woods and the clique continued with more frequency over the course of the year. In May 2002, Woods filed her first complaint with Superintendent of Schools, Dr. Johns, but her complaint held no mention of racism. In her complaint, she requested that Johns reassign her to another school, which Johns said that he would most assuredly do if he had the chance. That, however, did not occur. When an opening occurred at Woods’ desired location, another assistant principal was reassigned. The district defended the move by asserting that it was not good practice to move people currently involved in personnel disputes as it would establish a bad precedent henceforth. Sometime thereafter, Woods’ husband, also an administrator at Gardnertown, complained to Assistant Superintendents Henderson and Dupree, that Mrs. Woods was being harassed by the 219
clique because of her race. The district assigned Assistant Superintendent Henderson, an African American, the responsibility of investigating the allegation, and she concluded Woods’ problems at Gardnertown were unrelated to race. Henderson explained that Woods did not seem to be putting forth the effort to quell the problems that she and the clique seemed to have and resigned herself to it all being racism. The issues continued to simmer with various incidents over the remainder of the 2001- 2002 school year, which ended with her annual evaluation citing Woods’ need to improve communication skills. Woods and Runberg were both placed on corrective action plans (CAP), Woods by Runberg, and Runberg by Johns. Woods vehemently objected to the CAP and accused Runberg of blaming the school culture problems on her. The CAPs failed to bring relief or remedy as the situation worsened during the Fall of 2002. In December 2002, Woods took a medical leave of absence due to a back injury sustained at the school. Woods returned to work in March. In July 2003, Woods received her evaluation, which noted a decrease in confrontational issues in the workplace--not noted was the role of Woods’ absence from the school in that improvement. Woods, once again, lashed out at Runberg for her evaluation citing needs for improvement were based on his failing to address the clique’s racially harassing behaviors. Woods contacted Johns about the evaluation. He encouraged her to make copies of all official correspondence and pertinent information should it be needed. Woods would later recount that she thought Johns meant for her to copy anything that she was party to during her tenure. Here, Woods erred. Subsequently, Woods directed two school employees--nonetheless, while Runberg was on leave--to copy any file in Runberg’s office that included but was not limited to any items that had her name on it, was an item that she would have supervised or of which she would have been 220
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ADVERSE EMPLOYMENT ACTIONS AND PUBL
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ABSTRACT The purpose of this resear
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Finally, I can never express my app
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III METHODOLOGY ...................
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V SUMMARY, CONCLUSIONS, AND RECOMME
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21 District Realignment with Litiga
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LIST OF FIGURES 1 Creswell’s Data
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Since 1981, there have been no less
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Research Questions The research que
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Affirm: (1) to assert as true or fa
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Estoppel: (1) a bar to the use of c
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Transfer: (1) a conveyance of a rig
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Catchings-Owens, 2000; Harris, 2011
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administrators very often feel that
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number of other incendiary titles.
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significantly beyond those of teach
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Much like his previous category, Sa
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indicative of future administrative
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in improving poor administrators is
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acknowledge those meetings as notic
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primary cause for adverse actions w
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school administrators (Davis, 1998;
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4. What principles to guide the pra
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ever emp ploys them. This T alterat
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First, the researcher collects data
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Summary In summary, this chapter pr
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was not maintained at the level tha
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Dr. Burger and the board to which M
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eassignment/reassignment of adminis
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Holding: The court held that § 125
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Because the finding was affirmed, t
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Key Facts: Forrest E. Stafford was
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Key Facts: Joseph Lyznicki was prin
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Citation: Totten v. Board of Educat
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performance and withholding the rai
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Citation: Rossi v. Board of Educati
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extra time and wages during the lit
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Holding: The court held that Taylor
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presented. In the case of Ledew, it
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SDCL 15-6-52(a) provides the court
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Issues: (1) Did the board illegally
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his current or former position. Osb
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middle school and Grade 9 up to hig
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Reasoning: The board empowered the
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and torture” the Harvey’s. This
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similar position assuming that all
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Key Facts: During the 1981-1982 sch
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Disposition: The trial court’s ru
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Key Facts: Benson was the principal
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Finally, the cross claim from the d
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Foster for each month that he worke
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Roughly two weeks later and after a
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the composite evidence that all ind
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halted Bill’s speech at this poin
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Disposition: The district court rul
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Following the 1981-1982 school year
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Reasoning: The court theorized that
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state board of education. Based on
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non-renewal for cause was valid. Th
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earing on his non-renewal. Second,
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The board further maintained that W
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As to the award of back pay, the bo
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documentation of Finance Director M
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proper hearing was conducted he wou
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Teachers move to principalships whe
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senior high school and Gilbert assu
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Daury put a student in a strangleho
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school board president, received re
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to numerous schools as principal an
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The district court found that Roger
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(3) Was there sufficient evidence t
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Reasoning: The court reasoned that
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Issues: (1) Did Preston Pierce have
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tenured teacher and assume a teachi
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Holding: The Missouri Court of Appe
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employee. Fifth, written notice of
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1992 Citation: Carrillo v. Rostro,
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expecting, Terry openly admonished
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Smith filed in the court of appeals
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R.C. 3319.02 did not require boards
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Issues: (1) Despite the sheer bread
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for rehearing. Holding: The court h
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current contract. Her contention wa
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Citation: McCormack v. Maplewood-Ri
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Finally, McCormack accused M-RHSD w
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5451. If administrators were provid
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employment elsewhere to no avail. I
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Key Facts: Knox, principal of Wingf
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1998 Citation: Caston School Corpor
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The search was in direct violation
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Page 185 and 186: funds. Bradshaw would later issue t
Page 187 and 188: Holding: The court held that Downin
Page 189 and 190: only board members present with Moy
Page 191 and 192: noted that none of these reasons ha
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Page 195 and 196: questions or concerns regarding sex
Page 197 and 198: The board vested the responsibiliti
Page 199 and 200: policymaker. The court further gran
Page 201 and 202: On April 26, 1999, Graham filed a g
Page 203 and 204: Principal’s Performance Review (P
Page 205 and 206: Issues: (1) Did the school district
Page 207 and 208: way evidentially rebutted the asser
Page 209 and 210: placed in Brown’s personnel file,
Page 211 and 212: Hinckley argued that she was a more
Page 213 and 214: Oliver sued for over $230,000 in co
Page 215 and 216: for cause to have been correct and
Page 217 and 218: In August, Lassiter met with Sawyer
Page 219 and 220: Everson relied on the point that sh
Page 221 and 222: Reasoning: First, it is of importan
Page 223 and 224: Reasoning: First, R.C. 3319.11(B) r
Page 225 and 226: school computer during school hours
Page 227 and 228: no evidence greater than hearsay. M
Page 229 and 230: Issues: (1) Did Patten suffer from
Page 231: Reasoning: The board did terminate
Page 235 and 236: Specifically, the court noted that
Page 237 and 238: improved the rating to letter C. Ho
Page 239 and 240: D’Angelo’s associational claim
Page 241 and 242: Next, Sanders argued that she had b
Page 243 and 244: Issues: (1) Did Fiero suffer First
Page 245 and 246: Holding: The court held that Moore
Page 247 and 248: The first incident occurred in a cl
Page 249 and 250: oard elected to reassign Herrera to
Page 251 and 252: Key Facts: In December of 2001, Her
Page 253 and 254: In February 2006, Gepford visited M
Page 255 and 256: current case had to be strikingly s
Page 257 and 258: also. Following the enactment of th
Page 259 and 260: 2010 Citation: McFerren v. Farrell
Page 261 and 262: Third, the court deduced that McFer
Page 263 and 264: during the 2006-2007 school year he
Page 265 and 266: Family Medical Leave Act (FMLA). De
Page 267 and 268: actions regarding financial matters
Page 269 and 270: manager. In December 2006, Soroka c
Page 271 and 272: y sufficient evidence, and that Cor
Page 273 and 274: they placed Heutzenroeder on perfor
Page 275 and 276: further clarified that Heutzenroede
Page 277 and 278: traffic stops with females. Flores
Page 279 and 280: teacher, Flores was unable to conne
Page 281 and 282: The latter event was of a more seri
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action because Herbert suffered a
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quantitative breakdown of the infor
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Case Year State Action PP Litigativ
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Case Year State Action PP Desoto Co
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Case Year State Action PP Brandt v.
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Of the five cases, two common threa
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Case Year State Action PP Martinek
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each of these cases, the school sys
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eassignment cases were tied to empl
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Case Year State Action PP Patten v.
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Case Year State Action PP Sweeney v
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Administrators in 7 of the 19 cases
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Table 11 Prevailing Party--Employee
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Table 12 Prevailing Party--School C
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documentation of employee actions s
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Table 13 State Count Master Case Ye
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Case Year State Action PP O’Dea v
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Table 15 State Count--Pennsylvania
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argument failed because New York on
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In Williams v. Seattle School Distr
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had employed the administrator with
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Three other cases were split in par
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Table 22 District Realignment--Sala
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Table 24 Constructive Discharges wi
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Table 26 Constructive Discharges--I
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In Reed v. Rolla 31 Public School D
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eceived numerous warnings over exte
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physical altercation with a student
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Table 34 Failed Leadership--Insubor
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Table 35 Failed Leadership--Incompe
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falsification of documents (2), per
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Outlandish behaviors--physical alte
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Rabon v. Bryan County Board of Educ
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Kirschling v. Lake Forest School Di
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This category reiterated the middle
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intelligence. However, dissent over
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Two cases displayed strife between
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skills are of the utmost importance
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Table 47 Upstanding Behavior--Schoo
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As it was noted before, five issues
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It was explained earlier that the o
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administrators violated due process
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In Snipes v. McAndrew, (1984 S.C.),
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speech is not protected by the Firs
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In Lewis v. Harrison School Distric
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statutes in Klein v. Board of Educa
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eassigned, which was allowed per th
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Botti claimed that he was never pro
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CHAPTER V SUMMARY, CONCLUSIONS, AND
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had been either incorrectly carried
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First, in racial discrimination cla
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Fourth, insubordination was the nex
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have to be an act; it could simply
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failure to inform administrators in
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Outcomes--Identifying Information 2
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Outlandish behavior. Of the 18 outl
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There was a case upswing beginning
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present in these cases with demotio
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supposed insulated speech. The adve
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4. An administrator who possesses t
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17. District-level administrators f
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29. A district/board’s proffered
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Second, Sacken (1996) and Davis (19
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REFERENCES Cambron-McCabe, N. H., M
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Price, H. (2010). Does No Child Lef
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