ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Holding: The court held that § 125.17 dictates that the principal with the least seniority
should have been the first position dismissed.
Reasoning: In Berland v. Special School District No. 1 (1981), the court held that the
plaintiff, Berland, had to be offered an opportunity to displace a teacher of lesser seniority within
the district. Therefore, if seniority was discarded when an employee moved from one position to
another, few people would have an incentive to explore new job opportunities or promotions in
the field of education. That is to say that McManus was entitled to the opportunity to bump an
employee of lesser seniority.
Disposition: The appellate court reversed the ruling.
Citation: Board of Education of Alamogordo Public Schools District No. 1, v. Jennings,
98 N.M. 602; 651 P.2d 1037 (1982 N.M. App.).
Key Facts: Lyman Jennings was an assistant principal at Alamogordo Middle-High
School. In 1979, he began an affair with a school secretary that lasted until early spring of 1980.
Following the end of the affair, the secretary filed a sexual harassment claim against Jennings.
Jennings appeared before the local school board for the sexual harassment claims and was fired
on grounds of sexual harassment and immorality, gross inefficiency (harassment of other
secretaries), and gross inefficiency (harassment had become so well-known to others that
Jennings’ job effectiveness was now limited.)
The state board of education reviewed Jennings’ termination and reversed the local
board’s ruling based on the Alamogordo District failings in Jennings’ case. Jennings was not
provided conferences to inform him of poor performance due to the sexual harassment charges.
Moreover, assertions by the local board that Jennings’ job productivity had been diminished
were without proof. The local board appealed this reversal.
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