ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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24. Property interests in a job are only conferred by statutory tenure provisions and those interests only go so far as to cover the right to a job, specified salary amount, and certain fringe benefits. There are no property interests in performing specific duties (State ex rel. Quiring v. Board of Education, 2001, Ulichny v. Merton Community School District, 2000). 25. Liberty interest violations or stigmatization cannot occur when the school system/board does not make public statements about employment actions concerning administrators (Herrera v. Union No. 39 School District, 2009; Howard v. Columbia Public School District, 2004; McCormack v. Maplewood-Richmond Heights School District Board of Education, 1996; O’Dea v. School District, 1986; Perry v. Houston Independent School District, 1995; Peterson v. Unified School District, 1989). 26. A district/board’s failure to conduct pre-emptive employment action hearings in accordance with due process does not absolve administrators from valid reasons for being demoted, non-renewed, reassigned, suspended, and/or terminated, but it does require that the meeting be held (Botti v. Southwest Butler County School District, 1986; Flickinger v. Lebanon School District, 2006; Litky v. Winchester School District, 1987; Oliver v. Lee County School District, 2004; Summers v. Vermilion Parish School Board, 1986). 27. A district/board’s failure to complete employment action hearings in a timely manner only requires renewal of an administrative contract for the next school year, and it does not require the district/board to re-conduct hearings (Caston School Corporation v. Phillips, 1998). 28. During extreme circumstances, administrators may be temporarily reassigned to lesser positions without pre-emptive hearings (Philadelphia Association of School Administrators v. School District, 1984). 425
29. A district/board’s proffered reasons for an employment action do not have to cite incidents or achieve any established criteria to comply with due process requirements (Brown v. Board of Education, 1996; Desoto County School Board v. Garrett, 1987; Joseph v. Lake Ridge School Corporation, 1991). 30. Administrators must follow grievance protocol for the court to exercise any jurisdiction over an employment action case (Chambers v. Central School District School Board, 1987; Corbett v. Duering, 2010; Hatcher v. Board of Public Education, 1987; Tazewell County School Board v. Brown, 2004; Walsh v. Sto-Rox School District, 1987). 31. Speech by administrators in their official capacity concerning educational philosophy and programming is not protected speech under the First Amendment (D’Angelo v. School Board, 2007; Finch v. Fort Bend Independent School District, 2003; Vargas-Harrison v. Racine Unified School District, 2001). 32. Speech by administrators in their official capacity concerning private employment matters is not protected speech under the First Amendment (Bradshaw v. Pittsburg Independent School District, 2000, Woods v. Enlarged City School District, 2007). 33. Damages cannot be awarded under § 1983 for amounts based on the “intrinsic” value of the right such as the First Amendment (Lewis v. Harrison School District No. 1, 1986; Ratliff v. Wellington Exempted Village Schools Board of Education, 1987). 34. Administrators must fully understand their tenure status and the protections, if any, provided therein before pursuing costly litigation for adverse employment actions (Barr v. Board of Trustees, 1995, Hinckley v. School Board of Independent School District, 2004; Pullum v. Smallridge, 1983) 426
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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
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Page 387 and 388: 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 and 436: 4. An administrator who possesses t
Page 437: 17. District-level administrators f
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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