ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Table 5 Identifying Information--Terminations Case Year State Action PP Bd. of Educ. of Alamogordo Pub. Schools Dist. No. 1 v. Jennings 1982 NM T E In the Matter of Waterloo Comm. School Dist. and Concerning Gowans 1983 IA T SPLIT LeGalley v. Bronson Comm. Schools 1983 MI T S Crossland v. Bensalem Township School Dist. 1983 PA T S Ledew v. School Bd. 1984 FL T E Burke v. Lead-Deadwood School Dist. 1984 SD T E Rabon v. Bryan County Bd. of Educ. 1985 GA T S Pryor School Dist. v. Superintendent of Pub. Instruction 1985 MT T E Spurlock v. Bd. of Trustees 1985 WY T SPLIT Summers v. Vermilion Parish School Bd. 1986 LA T SPLIT Chambers v. Central School Dist. School Bd. 1987 IN T S Marcote v. Avoyelles Parish School Bd. 1987 LA T S Cooper v. Williamson Co. Bd. of Educ. 1987 TN T N/A Ray v. Birmingham City Bd. of Educ. 1988 AL T N/A Kirschling v. Lake Forest School Dist. 1988 DE T E Rovello v. Lewis Co. Bd. of Educ. 1989 WV T E Rogers v. Kelly 1989 AR T SPLIT Hudson v. Wellston School Dist. 1990 MO T S Holmes v. Bd. of Trustees of School Dist. 1990 MT T E McManus v. Bd. of Educ. 1995 NY T S Barr v. Bd. of Trustees 1995 SC T S McCormack v. Maplewood-Richmond Heights School Dist. Bd. of Educ. 1996 MO T S Brandt v. Cortines 1997 NY T S Peterson v. Minidoka Co. School Dist. 1997 ID T SPLIT Rogers v. Bd. of Educ. 2000 CT T S Vargas-Harrison v. Racine Unified School Dist. 2001 WI T S Munoz v. Vega 2003 NY T S Hinckley v. School Bd. of Ind. School Dist. 2004 MN T S Smith v. Bullock Co. Bd. of Educ. 2004 AL T S Oliver v. Lee Co. School Dist. 2004 GA T S Christensen v. Kingston School Comm. 2005 MA T SPLIT Everson v. Bd. of Educ. of the School Dist. of Highland Park 2005 MI T SPLIT Flickinger v. Lebanon School Dist. 2006 PA T E Woods v. Enlarged City School Dist. 2007 NY T S D’Angelo v. School Bd. 2007 FL T S Floyd v. Amite Co. School Dist. 2009 MS T S Simpson v. Holmes Co .Bd. of Educ. 2009 MS T S (table continues) 291
Case Year State Action PP Martinek v. Belmond-Klemme Comm. School Dist. 2009 IA T E Herrera v. Union No. 39 School Dist. 2009 VT T S Corbett v. Duering 2010 WV T S Flores v. Von Kleist 2010 CA T S McFerren v. Farrell Area School Dist. 2010 PA T E Heutzenroeder v. Mesa Co. Valley School Dist. 2010 CO T S Murphy v. City of Aventura 2010 FL T S For example in Crossland v. Bensalem Township School District (1983 Pa. Commw.), Crossland was terminated after numerous warnings to correct areas of gross inefficiency. Moreover, because Crossland’s contract still had multiple years remaining, the school moved to terminate rather than let the contract expire or reassign Crossland. It would have been far more harmful and costly to the system to wait out the contract because the system possessed documented reasons to terminate without fear of losing a legal battle. Other cases would only have been surprising if termination had not been the outcome, as in Summers v. Vermilion Parish School Board (1986 La. App.) where Summers was arrested for attempting to sell marijuana. Termination, as it was noted, requires school systems to prove ample cause for the action which is a more painstaking process than non-renewal and/or reassignment. School systems employed non-renewals of contracts in 24 cases for some very clear reasons. Non-renewal of a contract--so long as state and substantive due process requirements are met--is almost invincible in litigation. Of the 24 non-renewal cases, the school system prevailed in full in 18 of the cases and in part in 21 of the cases. 292
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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
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way evidentially rebutted the asser
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placed in Brown’s personnel file,
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Hinckley argued that she was a more
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Oliver sued for over $230,000 in co
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for cause to have been correct and
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In August, Lassiter met with Sawyer
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Everson relied on the point that sh
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Reasoning: First, it is of importan
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Reasoning: First, R.C. 3319.11(B) r
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school computer during school hours
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no evidence greater than hearsay. M
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Issues: (1) Did Patten suffer from
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Reasoning: The board did terminate
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clique because of her race. The dis
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Specifically, the court noted that
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improved the rating to letter C. Ho
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D’Angelo’s associational claim
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Next, Sanders argued that she had b
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Issues: (1) Did Fiero suffer First
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Holding: The court held that Moore
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The first incident occurred in a cl
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oard elected to reassign Herrera to
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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
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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: Of the five cases, two common threa
Page 307 and 308: each of these cases, the school sys
Page 309 and 310: eassignment cases were tied to empl
Page 311 and 312: Case Year State Action PP Patten v.
Page 313 and 314: Case Year State Action PP Sweeney v
Page 315 and 316: Administrators in 7 of the 19 cases
Page 317 and 318: Table 11 Prevailing Party--Employee
Page 319 and 320: Table 12 Prevailing Party--School C
Page 321 and 322: documentation of employee actions s
Page 323 and 324: Table 13 State Count Master Case Ye
Page 325 and 326: Case Year State Action PP O’Dea v
Page 327 and 328: Table 15 State Count--Pennsylvania
Page 329 and 330: argument failed because New York on
Page 333 and 334: In Williams v. Seattle School Distr
Page 335 and 336: had employed the administrator with
Page 337 and 338: Three other cases were split in par
Page 339 and 340: Table 22 District Realignment--Sala
Page 341 and 342: Table 24 Constructive Discharges wi
Page 343 and 344: Table 26 Constructive Discharges--I
Page 347 and 348: 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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Case Year State Action PP Litigativ
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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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