ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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ACKNOWLEDGMENTS I would like to take a moment and thank the people that led me to this point in my educational pursuits. I would first like to thank my dissertation committee members: Dr. John Dantzler, Dr. Beverly Dyer, Dr. Brenda Mendiola, and Dr. Barry Williams. The guidance and suggestions provided will be forever appreciated. Specifically though, I would like to thank my committee chair, Dr. Dave Dagley. I can never thank him enough for denying me a one-semester extension. I do not know that I ever would have finished had he not done so. Thank you all. I am very thankful for the many colleagues that I have had the pleasure of working or studying with during this process. Their desire and determination helped me in this pursuit. I would be remiss if I did not mention Dr. Dale Pugh here. Dale and I shared many stories during our rides to Gadsden and developed a lifelong friendship. To my family, I can never thank any of you enough for all that you have done for me. Thank you to my in-laws, Jack and Sally Martz, who supported me and my wife during this process and were willing to endure the holidays without me! Furthermore, I can never recompense my parents, Mike and Kathy Flatt, for the unending support they have provided throughout my education and life. Thank you all so very much. To my children, I can never say I am sorry enough for the time that was missed with you during this process. To Jack, I am sorry for the lost time throwing the football and reading books. To Ruby and Quincy, I am sorry for the lost time coloring with sidewalk chalk and playing together on “tutu” Sundays. iii
Finally, I can never express my appreciation and gratitude to my wife, Kelly. She has always believed in me and supported my decision to begin this process long ago. She is my wife, the mother of my children, and my “worthy opponent.” Thank you so much Kelly and I love you. iv
Page 1 and 2: ADVERSE EMPLOYMENT ACTIONS AND PUBL
Page 3: ABSTRACT The purpose of this resear
Page 7 and 8: III METHODOLOGY ...................
Page 9 and 10: V SUMMARY, CONCLUSIONS, AND RECOMME
Page 11 and 12: 21 District Realignment with Litiga
Page 13 and 14: LIST OF FIGURES 1 Creswell’s Data
Page 15 and 16: Since 1981, there have been no less
Page 17 and 18: Research Questions The research que
Page 19 and 20: Affirm: (1) to assert as true or fa
Page 21 and 22: Estoppel: (1) a bar to the use of c
Page 23 and 24: Transfer: (1) a conveyance of a rig
Page 25 and 26: Catchings-Owens, 2000; Harris, 2011
Page 27 and 28: administrators very often feel that
Page 29 and 30: number of other incendiary titles.
Page 31 and 32: significantly beyond those of teach
Page 33 and 34: Much like his previous category, Sa
Page 35 and 36: indicative of future administrative
Page 37 and 38: in improving poor administrators is
Page 39 and 40: acknowledge those meetings as notic
Page 41 and 42: primary cause for adverse actions w
Page 43 and 44: school administrators (Davis, 1998;
Page 45 and 46: 4. What principles to guide the pra
Page 47 and 48: ever emp ploys them. This T alterat
Page 49 and 50: First, the researcher collects data
Page 51 and 52: Summary In summary, this chapter pr
Page 53 and 54: was not maintained at the level tha
Page 55 and 56:
Dr. Burger and the board to which M
Page 57 and 58:
eassignment/reassignment of adminis
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Holding: The court held that § 125
Page 61 and 62:
Because the finding was affirmed, t
Page 63 and 64:
Key Facts: Forrest E. Stafford was
Page 65 and 66:
Key Facts: Joseph Lyznicki was prin
Page 67 and 68:
Citation: Totten v. Board of Educat
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performance and withholding the rai
Page 71 and 72:
Citation: Rossi v. Board of Educati
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extra time and wages during the lit
Page 75 and 76:
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
Page 87 and 88:
Reasoning: The board empowered the
Page 89 and 90:
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
Page 125 and 126:
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
Page 149 and 150:
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
Page 167 and 168:
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
Page 187 and 188:
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
Page 197 and 198:
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
Page 205 and 206:
Issues: (1) Did the school district
Page 207 and 208:
way evidentially rebutted the asser
Page 209 and 210:
placed in Brown’s personnel file,
Page 211 and 212:
Hinckley argued that she was a more
Page 213 and 214:
Oliver sued for over $230,000 in co
Page 215 and 216:
for cause to have been correct and
Page 217 and 218:
In August, Lassiter met with Sawyer
Page 219 and 220:
Everson relied on the point that sh
Page 221 and 222:
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
Page 229 and 230:
Issues: (1) Did Patten suffer from
Page 231 and 232:
Reasoning: The board did terminate
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clique because of her race. The dis
Page 235 and 236:
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
Page 241 and 242:
Next, Sanders argued that she had b
Page 243 and 244:
Issues: (1) Did Fiero suffer First
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Holding: The court held that Moore
Page 247 and 248:
The first incident occurred in a cl
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oard elected to reassign Herrera to
Page 251 and 252:
Key Facts: In December of 2001, Her
Page 253 and 254:
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
Page 267 and 268:
actions regarding financial matters
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manager. In December 2006, Soroka c
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y sufficient evidence, and that Cor
Page 273 and 274:
they placed Heutzenroeder on perfor
Page 275 and 276:
further clarified that Heutzenroede
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traffic stops with females. Flores
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teacher, Flores was unable to conne
Page 281 and 282:
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
Page 289 and 290:
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Page 293 and 294:
Page 295 and 296:
Page 297 and 298:
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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
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each of these cases, the school sys
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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
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Administrators in 7 of the 19 cases
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Table 11 Prevailing Party--Employee
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Table 12 Prevailing Party--School C
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documentation of employee actions s
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Table 13 State Count Master Case Ye
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Case Year State Action PP O’Dea v
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Table 15 State Count--Pennsylvania
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argument failed because New York on
Page 331 and 332:
Page 333 and 334:
In Williams v. Seattle School Distr
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had employed the administrator with
Page 337 and 338:
Three other cases were split in par
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Table 22 District Realignment--Sala
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Table 24 Constructive Discharges wi
Page 343 and 344:
Table 26 Constructive Discharges--I
Page 345 and 346:
Page 347 and 348:
In Reed v. Rolla 31 Public School D
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Page 351 and 352:
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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
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Table 35 Failed Leadership--Incompe
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falsification of documents (2), per
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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 373 and 374:
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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
Page 395 and 396:
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
Page 445:
Price, H. (2010). Does No Child Lef
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