ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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11. In order for a school district/board to proffer valid non-discriminatory reasons for an employment action, a district/board must show documentation of the reasons purported for the action (Herbert v. City of New York, 2010; Hinson v. Clinch County Board of Education, 2000). 12. Discrimination claims by an administrator from a protected class against a member of the same protected class will not be well-received by the courts (Floyd v. Amite County School District, 2009; McFall v. Madera Unified School District, 1990). 13. Persistent negligence of a minor issue(s) such as bookkeeping measures or egregious negligence of a single issue such as reporting the sexual assault of a child to proper authorities can lead to adverse employment action (Board of Education v. Van Kast, 1993, Perry v. Houston Independent School District, 1995). 14. Administrators must hone interpersonal skills and cultivate strong relationships to ensure solid support from faculty and staff and avoid failed leadership charges (McFerren v. Farrell Area School District, 2010; Peterson v. Unified School District, 1989; Reed v. Rolla 31 Public School District, 2005; Spurlock v. Board of Trustees, 1985; Terry v. Woods, 1992; Ulichny v. Merton Community School District, 2000). 15. Insubordination is similar to negligence in so much that an administrator can face adverse employment actions for persistently failing to follow through with directives. However, the insubordinate offense can be singular if the occasion reaches a certain level of egregiousness (Board of Trustees v. Knox, 1997; Vargas-Harrison v. Racine Unified School District, 2001). 16. Administrators can be charged with incompetence for failure to remediate persistent problems, much like negligence and insubordination, and they may also be charged with incompetence for behaviors that undermine their ability to lead effectively (Rabon v. Bryan County Board of Education, 1985; Smith v. Bullock County Board of Education, 2004). 423
17. District-level administrators faced with terminating administrators for outlandish behavior must still conduct all due process requirements (Castillo v. Hobbs Municipal School Board, 2009; Kirschling v. Lake Forest School District, 1988; Oliver v. Lee County School District, 2004; Summers v. Vermilion Parish School Board, 1986). 18. Administrators involved in physical altercations with students may circumvent adverse employment action if they can show that the contact was reasonable (Pryor School District v. Superintendent of Public Instruction, 1985). 19. Administrators must avoid sexual impropriety of any sort in order to insure the respect of faculty and staff and maintain leadership authority (Kirschling v. Lake Forest School District, 1988; Reed v. Rolla 31 Public School District, 2005). 20. District officials must only pursue employment actions against administrators for behaviors that impede the running of the school (Board of Education of Alamogordo Public Schools District No. 1 v. Jennings, 1982; Herbert v. City of New York, 2010). 21. To survive interpersonal strife with their followers, administrators must be sure that any changes to programs that they seek to make are supported by their superiors (Lomas v. Board of School Directors of Northwestern Lehigh School District, 1982). 22. Administrators must find a balance between maintaining respect of their faculty and staff while also striking a balance with fulfilling the expectations of their superiors (Housley v. North Panola Consolidated School District, 1987, McFerren v. Farrell Area School District, 2010). 23. Reports of harassment and retaliation are subject to statutes of limitations (Fiero v. City of New York, 2008; Moore v. Middletown Enlarged City School District, 2008). 424
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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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Table 47 Upstanding Behavior--Schoo
Page 385 and 386: Case Year State Action PP Litigativ
Page 389 and 390: As it was noted before, five issues
Page 391 and 392: It was explained earlier that the o
Page 393 and 394: administrators violated due process
Page 395 and 396: In Snipes v. McAndrew, (1984 S.C.),
Page 399 and 400: speech is not protected by the Firs
Page 401 and 402: In Lewis v. Harrison School Distric
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
Page 421 and 422: have to be an act; it could simply
Page 423 and 424: failure to inform administrators in
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 and 434: supposed insulated speech. The adve
Page 435: 4. An administrator who possesses t
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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