ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Table 47
Upstanding Behavior--Schools Prevailed
Case Year State Action PP
Moore v. Middletown Enlarged City School Dist. 2008 NY R S
Corbett v. Duering 2010 WV T S
In Moore v. Middletown Enlarged City School District (2008 N.Y. App. Div.), Moore
reported a suspected sexual relationship between a high school student and the school
superintendent. Moore’s claim of retaliation was time-barred as the 5-month limit had expired
before he reported the employment action as being unjust. Likewise, Corbett refused to provide
disciplinary privileges to students with influential parents at the behest of the superintendent in
Corbett v. Duering (2010 U.S. Dist.). Corbett, like Moore, failed to report the action and his
complaints were time-barred. These administrators did the right thing, but they failed to report
issues in the right time-frame.
Employee Protections
In the final section of data synthesis, I will draw connections among the cases as to what
protective measures the employees called upon time and again as reasoning to halt and/or reverse
adverse employment actions. Those protective measures were due process, First Amendment
violations, tenure, and breach of contract.
Due process. Table 48 reflects 41 cases from the sampling that showed school
administrators claiming violations of procedural and/or substantive due process. These claims
occurred in both state and federal courts. School administrators in the case sampling asserted a
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