ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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4. What principles to guide the practice of school administrators and district-level administrators can be discerned from adverse employment actions against school administrators, in the years of 1981 through 2010? This research study, which was conducted through explication of 125 litigated cases, provides 37 guiding principles for school administrators and boards to consider when confronted with an adverse employment action prior to litigation. It is worth noting that all employment actions are subject to varying degrees of control and stipulations from local and state agencies; therefore, not all of these principles may be applicable in all states. 1. Administrators choosing to pursue litigation for any adverse employment action must be aware that school systems prevailed in litigation 73% of the time from 1981-2010 (O’Dea v. School District, 1986; LeGalley v. Bronson Community Schools, 1983; McFall v. Madera Unified School District, 1990; Pasqua v. LaFourche Parish School Board, 1981; Tazewell County School Board v. Brown, 2004). 2. Administrators who are reassigned during periods of reduction in force are not guaranteed appointments to newly created administrative positions if the local school board can show that the position is an actual demotion or promotion (Breslin v. School Comm. of Quincy, 1985; Williams v. Seattle School Dist. No. 1., 1982). 3. Administrative reassignments during reductions in force must be based on seniority, not performance or ability (Abington School District v. Pacropis, 1986; Appeal of Bernard E. Cowden etc. Moon Area School District, 1984; Daury v. Smith, 1988; Gibbons v. New Castle Area School District, 1985; In the Matter of Waterloo Community School District and Concerning William J. Gowans, 1983). 421
4. An administrator who possesses tenure may only “bump” other administrators from positions for which they are certified (Cowan v. Board of Education, 1984; Hinckley v. School Board of Independent School District No. 2167, 2004; Pierce v. Engle, 1989). 5. Maintenance of salary distinguishes demotion from reassignment in district realignment claims (Kelly v. Board of Education, 1988; Rossi v. Board of Education of City School District of Utica, 1983). 6. A district/board must base seniority for employment action decisions on time spent in a district, not in a specific employment position (Appeal of Bernard E. Cowden etc. Moon Area School District, 1984; Hinckley v. School Board of Independent School District No. 2167, 2004; McManus v. Independent School District no. 625, 1982;). 7. District-level administrators must be aware of all reduction in force and district realignment procedures and refer to legal counsel if their district undergoes this procedure in the future due to the current U.S. economy (Christensen v. Kingston School Committee, 2005; Martinek v. Belmond-Klemme Community School District, 2009). 8. Administrators seeking to argue that they were constructively discharged are unlikely to do so based on the cases litigated from 1981 to 2010 (Ledew v. School Board, 1984). 9. District-level administrators must execute job and duty reassignments solely for documented performance issues to avoid costly constructive discharge litigation (Heutzenroeder v. Mesa County Valley School District 51, 2010; Ulichny v. Merton Community School District, 2000). 10. Administrators claiming racial discrimination must display valid proof of racial animus in the actions of co-workers to prevail (Flores v. Von Kleist, 2010; Woods v. Enlarged City School District, 2007). 422
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ADVERSE EMPLOYMENT ACTIONS AND PUBL
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ABSTRACT The purpose of this resear
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Finally, I can never express my app
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III METHODOLOGY ...................
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V SUMMARY, CONCLUSIONS, AND RECOMME
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21 District Realignment with Litiga
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LIST OF FIGURES 1 Creswell’s Data
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Since 1981, there have been no less
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Research Questions The research que
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Affirm: (1) to assert as true or fa
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Estoppel: (1) a bar to the use of c
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Transfer: (1) a conveyance of a rig
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Catchings-Owens, 2000; Harris, 2011
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administrators very often feel that
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number of other incendiary titles.
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significantly beyond those of teach
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Much like his previous category, Sa
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indicative of future administrative
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in improving poor administrators is
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acknowledge those meetings as notic
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primary cause for adverse actions w
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school administrators (Davis, 1998;
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4. What principles to guide the pra
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ever emp ploys them. This T alterat
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First, the researcher collects data
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Summary In summary, this chapter pr
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was not maintained at the level tha
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Dr. Burger and the board to which M
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eassignment/reassignment of adminis
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Holding: The court held that § 125
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Because the finding was affirmed, t
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Key Facts: Forrest E. Stafford was
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Key Facts: Joseph Lyznicki was prin
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Citation: Totten v. Board of Educat
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performance and withholding the rai
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Citation: Rossi v. Board of Educati
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extra time and wages during the lit
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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
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Reasoning: The board empowered the
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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
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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
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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
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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
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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
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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
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Issues: (1) Did the school district
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way evidentially rebutted the asser
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placed in Brown’s personnel file,
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Hinckley argued that she was a more
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Oliver sued for over $230,000 in co
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for cause to have been correct and
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In August, Lassiter met with Sawyer
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Everson relied on the point that sh
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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
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Issues: (1) Did Patten suffer from
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Reasoning: The board did terminate
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clique because of her race. The dis
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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
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Next, Sanders argued that she had b
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Issues: (1) Did Fiero suffer First
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Holding: The court held that Moore
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The first incident occurred in a cl
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oard elected to reassign Herrera to
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Key Facts: In December of 2001, Her
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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
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actions regarding financial matters
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manager. In December 2006, Soroka c
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y sufficient evidence, and that Cor
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they placed Heutzenroeder on perfor
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further clarified that Heutzenroede
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traffic stops with females. Flores
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teacher, Flores was unable to conne
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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
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Case Year State Action PP Desoto Co
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Case Year State Action PP Brandt v.
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Of the five cases, two common threa
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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
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Case Year State Action PP Patten v.
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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
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In Williams v. Seattle School Distr
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had employed the administrator with
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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
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Table 26 Constructive Discharges--I
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In Reed v. Rolla 31 Public School D
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eceived numerous warnings over exte
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physical altercation with a student
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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
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Rabon v. Bryan County Board of Educ
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Kirschling v. Lake Forest School Di
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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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Page 389 and 390: As it was noted before, five issues
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Page 395 and 396: In Snipes v. McAndrew, (1984 S.C.),
Page 399 and 400: speech is not protected by the Firs
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Page 405 and 406: statutes in Klein v. Board of Educa
Page 407 and 408: eassigned, which was allowed per th
Page 411 and 412: Botti claimed that he was never pro
Page 413 and 414: CHAPTER V SUMMARY, CONCLUSIONS, AND
Page 415 and 416: had been either incorrectly carried
Page 417 and 418: First, in racial discrimination cla
Page 419 and 420: Fourth, insubordination was the nex
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Page 425 and 426: Outcomes--Identifying Information 2
Page 427 and 428: Outlandish behavior. Of the 18 outl
Page 429 and 430: There was a case upswing beginning
Page 431 and 432: present in these cases with demotio
Page 433: supposed insulated speech. The adve
Page 437 and 438: 17. District-level administrators f
Page 439 and 440: 29. A district/board’s proffered
Page 441 and 442: Second, Sacken (1996) and Davis (19
Page 443 and 444: REFERENCES Cambron-McCabe, N. H., M
Page 445: Price, H. (2010). Does No Child Lef
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