ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Case Year State Action PP Caston School Corp. v. Phillips 1998 IN NR S Bradshaw v. Pittsburg Ind. School Dist. 2000 PA R S Downing v. City of Lowell 2000 MA NR S Ulichny v. Merton Comm. School Dist. 2000 WI R S Rogers v. Bd. of Educ. 2000 CT T S State ex rel. Quiring v. Bd. of Educ. 2001 MN R S Vargas-Harrison v. Racine Unified School Dist. 2001 WI T S Jones v. Miami-Dade Co. 2002 FL NR S Graham v. Putnam Co. Bd. of Educ. 2002 WV S S Finch v. Fort Bend Ind. School Dist. 2003 TX R S Munoz v. Vega 2003 NY T S Hinckley v. School Bd. of Ind. School Dist. 2004 MN T S Howard v. Columbia Pub. School Dist. 2004 MO NR S Smith v. Bullock Co. Bd. of Educ. 2004 AL T S Oliver v. Lee Co. School Dist. 2004 GA T S Lassiter v. Topeka Unified School Dist. 2004 KS R S Tazewell Co. School Bd. v. Brown 2004 VA S S Reed v. Rolla 31 Pub. School Dist. 2005 MO NR S Tilghman v. Waterbury Bd. of Educ. 2005 CT NR S Woods v. Enlarged City School Dist. 2007 NY T S D’Angelo v. School Bd. 2007 FL T S Sanders v. Leake Co. School Dist. 2008 MS NR S Moore v. Middletown Enlarged City School Dist. 2008 NY R S Castillo v. Hobbs Municipal School Bd. 2009 NM NR S King v. Charleston Co. School Dist. 2009 SC R S Floyd v. Amite Co. School Dist. 2009 MS T S Simpson v. Holmes Co .Bd. of Educ. 2009 MS T S Herrera v. Union No. 39 School Dist. 2009 VT T S Hobdy v. Los Angeles Unified School Dist. 2010 CA D S Corbett v. Duering 2010 WV T S Nuzzi v. St. George Comm. Consol. School Dist. No. 258 2010 IL NR S Flores v. Von Kleist 2010 CA T S Heutzenroeder v. Mesa Co. Valley School Dist. 2010 CO T S Murphy v. City of Aventura 2010 FL T S The school systems were highly successful on all fronts. To be more specific, though, Table 12 contains 41 cases the researcher classified as failed leadership. School boards and/or systems succeeded in full in 30 of the 41 cases in which the researcher identified failed leadership as a significant factor for the adverse employment action. Schools relied upon 307
documentation of employee actions such as incompetence, negligence, insubordination, and interpersonal strife as factors to prove failed leadership such as in Smith v. Bullock County Board of Education (2004 Ala. Civ. App.), Floyd v. Amite County School District (2009 U.S. App.), Heutzenroeder v. Mesa County Valley School District 51 (2010 U.S. App.), and Reed v. Rolla 31 Public School District (2005 U.S. Dist.). Clearly, schools were successful in litigation when handling cases of failed leadership. However, schools were just as successful when encountering employee protection claims of due process violations. Ironically, school administrators also made claims in 41 cases that the school board or system had violated their due process protections. This violation, according to the administrators, served as invalidation of the employment action levied against them. Of those 41 cases, 27 were successfully litigated for the school system. In 6 of those cases, administrators claimed that they were denied property interests in keeping their job. The circumstances of each case varied but 4 of the cases shared an important commonality, which was that administrators did not lose salary. In Lyznicki, v. Board of Education (1983 U.S. App.), Terry v. Woods (1992 U.S. Dist.), Perry v. Houston Independent School District (1995 Tex. App.), and Ulichny v. Merton Community School District (2000 U.S. Dist.) each administrator claimed that they were denied property interests in maintaining their positions, but the court held that because their salary was maintained then the position could be changed without concern to diminishment of prestige. Moreover, in 5 other cases where due process was raised as the employee protection that was violated administrators asserted that pre-termination hearings and/or evidentiary hearings were not properly conducted. In Snipes v. McAndrew (1984 S.C.) and Brown v. Board of Education (1996 Kan.), administrators mistakenly relied upon employee protections granted to teachers, not administrators. In so doing, they inaccurately claimed due process violations. In Oliver v. Lee 308
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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
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In February 2006, Gepford visited M
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current case had to be strikingly s
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also. Following the enactment of th
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2010 Citation: McFerren v. Farrell
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Third, the court deduced that McFer
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during the 2006-2007 school year he
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Family Medical Leave Act (FMLA). De
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actions regarding financial matters
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Page 271 and 272: y sufficient evidence, and that Cor
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Page 281 and 282: The latter event was of a more seri
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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
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: Table 12 Prevailing Party--School C
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
Page 355 and 356: eceived numerous warnings over exte
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Page 359 and 360: Table 34 Failed Leadership--Insubor
Page 361 and 362: Table 35 Failed Leadership--Incompe
Page 363 and 364: falsification of documents (2), per
Page 367 and 368: Outlandish behaviors--physical alte
Page 369 and 370: Rabon v. Bryan County Board of Educ
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Kirschling v. Lake Forest School Di
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Case Year State Action PP Litigativ
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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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