ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Fourth, insubordination was the next issue for administrators who were identified as
failed leadership from Table 30. Like negligence, the categorization of insubordination was
noted only when the behavior had been specified in the legal case. Insubordination was an issue
that carried varying degrees of persistence or egregiousness--once again, like negligence.
Insubordination was identified as an issue when administrators failed to correct issues over
extended periods. However, in cases of refusal to perform duties, administrators were terminated
without recourse. Insubordination was not a cloudy issue in litigation. Persistence could be a key,
but the offense can be singular if the occasion reaches a certain level of egregiousness.
Fifth, incompetence was the final area where administrators were cited as failed leaders.
Incompetence was a serious charge in most educational settings. Being deemed incompetent in
some states could lead to the revocation of professional certification. A great deal of the
incompetence charges spawned from the administrators’ failure to adequately keep records.
Behaviors were also cited as the cause for incompetence. Issues of behavior that undermined the
administrator’s ability to effectively lead were seen to be measures of incompetence.
Outlandish behaviors. Outlandish behaviors were those that were so egregious that
immediate employment action resulted or was necessary. 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.
First, the misuse of school funds was an issue in the study that one might have assumed
would have been more prevalent. Financial matters were noted in other cases, but in each of
those cases the mitigating factor was recordkeeping. Here, the administrators were shown or
believed to have purposefully misused funds allocated to or generated by the school.
406