ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Tenure violations. Three distinct issues for administrative failure on tenure claims were
clearly defined. First, administrators failed on tenure claims because they simply did not possess
tenure. In these cases, the administrator was denied tenure due to the amount of time spent in the
district. That is to say that those administrators were still probationary employees.
Second, administrators also mistakenly claimed property interests in retaining their job
while not having administrative tenure. Only tenure privileges confer property interests.
Third, administrators incorrectly claimed tenure protections such as evidentiary hearings,
remediation periods, and so on that were extended to teachers but not administrators. Tenure
protections, as evidenced in Table 61, were not often mistaken by the school systems.
Breach of contract. The researcher was able to determine that four issues were evident in
the cases that involved breach of contract claims. The first issue centered on administrators
claiming breaches of contract for changes in their position due to employment actions. Within
these cases, the administrator was not restored to his or her administrative position for some
reason or another and claimed that their contract mandated such a return.
Second, the next area of breach claims centered on procedural issues that were
improperly handled during the employment action. Most of these claims also were classified as
due process violations.
Third, like the issue within due process--unfulfilled requirement--administrators claimed
that the party executing their employment action was not vested with the power to do so.
The fourth and final issue related by administrator was that certain contracts did not allow
for changes in employment mid-term without just cause.
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