ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Rabon v. Bryan County Board of Education (1985 Ga. App.) was discussed at length
following Table 35. Rabon had made sexual remarks about teachers to other teachers and was
terminated for incompetence because, as the board asserted, he was no longer able to lead a
school due to the tarnishing of his reputation. Rabon’s remarks were his undoing because of the
undermining power the remarks exercised on his ability to lead; Castillo’s actions, however,
would be his undoing, or more precisely, his wife’s actions would be his undoing.
In Castillo v. Hobbs Municipal School Board (2009 U.S. App.), Castillo’s contract was
non-renewed after the school board was provided a phone conversation between Castillo and his
secretary that was sexually explicit in nature and that Castillo’s wife had recorded. The board
chose to transfer his secretary out of fear of sexual harassment charges arising and to non-renew
his administrative contract. The board did, however, offer him a teaching contract in accordance
with his tenured status as a teacher. Unlike Rabon, Castillo’s seemingly private conversation still
led to his non-renewal because of the possibility of future litigation due to the sexual relationship
between him and his secretary.
Herbert’s case was significantly different from the others listed in Table 39. Herbert was
an unmarried assistant principal who became pregnant with a school custodian’s child. Herbert’s
strained interpersonal skills, pregnancy out of wedlock, and her consistent denial and dishonesty
about the nature of the relationship that led to her pregnancy combined to create a great deal of
unrest in the local school community. However, Herbert’s on-job performance was never
affected by her pregnancy. Her colleagues’ attitudes and beliefs and the board’s decision to
demote her were seen as gender discrimination. Some parents suggested that Herbert was setting
a poor example for the students, but her performance on evaluations showed otherwise, until the
months immediately following the announcement of her pregnancy.
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