ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Three other cases were split in part to the school system and the administrator, and one was
remanded for rehearing.
Table 21
District Realignment with Litigative Claim
Case Year State Action PP Litigative Claim
Rossi v. Bd. of
Educ. of City
School Dist. of
Utica
In re Appeal of
Cowden
Cowan v. Bd. of
Educ.
Bell v. Bd. of
Educ.
Abington School
Dist. v.
Pacropis
Mohn v. Ind.
School Dist.
Hatcher v. Bd.
of Pub. Educ.
1983 NY R E Rossi claimed that his reassignment was improper
because he was not properly reinstated to a more
similar position and that his salary was incorrectly
adjusted following district realignment.
1984 PA R E Cowden claimed that his reassignment was invalid
because the board based its reduction in force
decisions on performance and not seniority during
district realignment.
1984 NY R E Cowan claimed that his reassignment by the board
was illegal because it was outside his tenure area and
the board failed to return him to his tenure area when
openings arose following district realignment.
1984 NY R S Bell argued that his reassignment was incorrect
because he was grandfathered into a tenure system
that allowed him to gain tenure at a specific
administrative level.
1986 PA R E Pacropis argued that his reassignment to a teaching
position and the district’s employment of an assistant
principal with less experience was a violation of
reduction in force policy during district realignment.
1987 MN R S Mohn contended that the district improperly
reassigned him to a teaching position because
elementary administrators were not included in the
district realignment during a reduction in force.
1987 GA R SPLIT Hatcher was reassigned to a librarian position due to
a reduction in force and district realignment. Hatcher
argued that her First Amendment rights were violated
because she was denied vacant administrative jobs
for attending rallies to keep her school open.
Daury v. Smith 1988 MA R S Daury claimed Ninth and Fourteenth Amendments
retaliation violations for his reassignment during a
reduction in force and district realignment due to his
need for psychiatric counseling following numerous
incidents of mental instability one of which included
placing a student in a stranglehold.
(table continues)
324