ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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Case Year State Action PP Litigative Claim Kirschling v. Lake Forest School Dist. Rovello v. Lewis Co. Bd. of Educ. Hudson v. Wellston School Dist. Bradshaw v. Pittsburg Ind. School Dist. Oliver v. Lee Co. School Dist. Reed v. Rolla 31 Pub. School Dist. Castillo v. Hobbs Municipal School Bd. Herbert v. City of New York 1988 DE T E Kirschling claimed that he held a right to a pretermination hearing after his contract offer was terminated due to numerous reports of sexual harassment complaints surfaced from his two 351 previous workplaces. 1989 WV T E Rovello claimed that his termination was arbitrary and capricious due to his sterling record prior to being charged with immorality for misuse of funds while attending a conference. 1990 MO T S Hudson claimed that his termination was barred by tenure and based on insufficient evidence that he violated a district policy against corporal punishment when he was found straddling and choking a student. 2000 PA R S Bradshaw alleged that her reassignment was a retaliatory move and a First Amendment violation because she responded to notice of her pending reassignment with letters to the board, superintendent, and local media claiming that the school system had failed to support her during allegations about the mismanagement and misuse of funds at her school. 2004 GA T S Lee claimed that he was not provided with a proper pre-termination hearing before his termination for falsifying information on his application with licensing board concerning his arrest and felony history. 2005 MO NR S Reed contended that her non-renewal for failed leadership which was based on sexual harassment and interpersonal strife was carried out in retaliation for her gender discrimination claims following her extra-marital affair with another district employee. 2009 NM NR S Castillo alleged that he was terminated, not nonrenewed, and deprived of his liberty interests when his wife turned a phone recording of him having a sexually graphic phone conversation with his secretary. 2010 NY D SPLIT Herbert argued that her demotion for failed leadership was pre-textual and motivated by discrimination on the grounds of gender and pregnancy due to a sexual relationship with a custodian out of wedlock. (table continues)
Case Year State Action PP Litigative Claim Nuzzi v. St. George Comm. Consol. School Dist. No. 258 2010 IL NR S Nuzzi and Nuzzi (husband and wife) claimed that their non-renewals for failed leadership and incompetence regarding a litany of questionable financial maneuvers meant to benefit the Nuzzi’s were invalid because the district violated FMLA policy, retaliated against them, and breached their contracts. Flores v. Von Kleist 2010 CA T S Flores claimed that his termination for sexual harassment was spurred by Superintendent Von Murphy v. City of Aventura 352 Kleist’s racial discrimination against Flores. 2010 FL T S Murphy alleged that her termination was retaliation for her sexual harassment claims against her supervisor not for failed leadership for failure to abide by enrollment policies, accepting bribes, and funding misappropriation. From Table 36, the researcher was able to identify three issues that contributed to litigation over outlandish behaviors. Those issues were misuse of funds, physical altercations, and sexual harassment and malfeasance. Table 37 Misuse of funds was present in three different cases in the sampling from Table 36. Outlandish Behaviors--Misuse of Funds Case Year State Action PP Rovello v. Lewis Co. Bd. of Educ. 1989 WV T E Bradshaw v. Pittsburg Ind. School Dist. 2000 PA R S Nuzzi v. St. George Comm. Consol. School Dist. No. 258 2010 IL NR S These cases were all quite remarkable in their histories. In Rovello v. Lewis County Board of Education (1989 W. VA.), Rovello was charged with the “deliberate misuse of funds” and suspended with pay for 30 days pending a hearing to determine the continued status of his contract. Rovello had purchased a union membership for himself, wine, and a hotel room for
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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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manager. In December 2006, Soroka c
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y sufficient evidence, and that Cor
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they placed Heutzenroeder on perfor
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further clarified that Heutzenroede
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traffic stops with females. Flores
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teacher, Flores was unable to conne
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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.
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 331 and 332: Case Year State Action PP Litigativ
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
Page 357 and 358: physical altercation with a student
Page 359 and 360: Table 34 Failed Leadership--Insubor
Page 361 and 362: Table 35 Failed Leadership--Incompe
Page 363: falsification of documents (2), per
Page 367 and 368: Outlandish behaviors--physical alte
Page 369 and 370: Rabon v. Bryan County Board of Educ
Page 371 and 372: Kirschling v. Lake Forest School Di
Page 375 and 376: This category reiterated the middle
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Page 379 and 380: Two cases displayed strife between
Page 381 and 382: skills are of the utmost importance
Page 383 and 384: Table 47 Upstanding Behavior--Schoo
Page 389 and 390: As it was noted before, five issues
Page 391 and 392: It was explained earlier that the o
Page 393 and 394: administrators violated due process
Page 395 and 396: In Snipes v. McAndrew, (1984 S.C.),
Page 399 and 400: speech is not protected by the Firs
Page 401 and 402: In Lewis v. Harrison School Distric
Page 405 and 406: statutes in Klein v. Board of Educa
Page 407 and 408: eassigned, which was allowed per th
Page 411 and 412: Botti claimed that he was never pro
Page 413 and 414: 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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