ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Holding: The appellate court held that the district court erred in dismissing his suit for timeliness. However, the court found that on all other counts raised by Floyd the district court was correct in granting summary judgment to the district. Reasoning: The district argued that over 180 days had passed between Floyd’s EEOC charge and the supposed adverse employment action. The district’s argument is flawed, according to the court, because they contend that the date of the “last” adverse action was on November 15, 2002, when Floyd was notified of his pending termination. However, because that decision was not affirmed until July 11, 2003, the date of the “last” adverse action occurred within the 180-day framework as Floyd’s EEOC filing occurred on October 9, 2003. The district court dismissed Floyd’s associational discrimination claim because he never actually alleged in his suit that he was fired for associating with White students. He did establish that racial animus existed in the district. He reported and others testified that school board president John Davis did direct racially discriminatory remarks about the white students using the Amite County High School facilities. Racial animus existed, but as the court noted it was not directed at Floyd. Therefore, Floyd failed to establish that he was racially discriminated against. Finally, the court found that “good cause” did exist to terminate Floyd. Among the reasons that were outlined was a tobacco usage policy. Students caught using tobacco products on campus were fined $75 and suspended from campus until they paid the fine. This was not a district policy, and none of the collected money had ever been deposited. Moreover, Floyd failed to keep accurate records of students, which was grounds for termination based on incompetence. Disposition: The district court ruling was affirmed. 245
2010 Citation: McFerren v. Farrell Area School District, 993 A.2d 344, (2010 Pa. Commw.). Key Facts: McFerren was hired by the Farrell Area School District to reverse the continued failures of the local high school. The district serves a primarily low income African American community. McFerren is also an African American. McFerren’s first year proved to be highly successful. He was promoted to the position of assistant to the superintendent and his annual review denoted an excellent rating. Richard Rubano, who was the superintendent for McFerren’s first year, resigned near the end of McFerren’s second year. The district appointed Carole Borkowski who was directed to collect evidence to support the termination of McFerren. In June 2007, McFerren lost his assistant to the superintendent title and on November 2, he attended the first of two pre-termination hearings. On March 1, 2008, McFerren was suspended without pay for the following reasons pending termination: persistent negligence, willful failure to comply with school law and policy, willful neglect of duty, and immorality and intemperance. After hearings took place on five different occasions between March and May of 2008, the board voted to terminate McFerren’s 5-year contract, which had 2 years remaining. McFerren appealed the decision to the State Secretary of Education, but the ruling of the board was affirmed by the Secretary. McFerren appealed the Secretary’s decision. Issues: (1) Did the Secretary err in finding McFerren to have acted immorally? (2) Did the Secretary err in finding that McFerren was willfully persistent in violating school laws and policies? (3) Did the Secretary err in finding that McFerren was intemperate and unfit for his position? (4) Did the Secretary err in finding that McFerren willfully neglected his duties? 246
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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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School divided into two separate bu
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day with recess and lunch duty. She
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funds. Bradshaw would later issue t
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Holding: The court held that Downin
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only board members present with Moy
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noted that none of these reasons ha
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American, prior to Black’s reassi
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questions or concerns regarding sex
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The board vested the responsibiliti
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policymaker. The court further gran
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On April 26, 1999, Graham filed a g
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Principal’s Performance Review (P
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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 and 232: Reasoning: The board did terminate
Page 233 and 234: clique because of her race. The dis
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: also. Following the enactment of th
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
Page 283 and 284: action because Herbert suffered a
Page 285 and 286: quantitative breakdown of the infor
Page 287 and 288: Case Year State Action PP Litigativ
Page 299 and 300: Case Year State Action PP Desoto Co
Page 301 and 302: Case Year State Action PP Brandt v.
Page 303 and 304: Of the five cases, two common threa
Page 305 and 306: Case Year State Action PP Martinek
Page 307 and 308: 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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Case Year State Action PP Litigativ
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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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