ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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ealignment. Disposition: The court found in favor of Rossi and awarded back pay, and salary Citation: Pullum v. Smallridge, 652 S.W.2d 338, (1983 Tenn.). Key Facts: Lanis Pullum was the principal of Glenwood Elementary School in the Oak Ridge School System. Following the 1979-1980 school year, Pullum was reassigned to a position of teacher with a reduced salary. This new duty post was slated to begin with start of the 1980- 1981 school year. Pullum filed suit against Robert Smallridge, superintendent, and the school board alleging that he had achieved tenure as a principal and that the reassignment was illegal. Pullum sought to be reinstated as principal with full pay. Pullum’s suit was quickly dismissed after he failed to prove that reassignment was arbitrary, capricious, and or illegal. Pullum filed a petition of contempt in an effort to recoup lost earnings from the salary adjustment. Issues: (1) Was Pullum entitled to his principal salary? (2) Did the court err in its handling of the dismissal and suspension of tenured teachers as outlined by T.C.A § 49-1417? Holding: The court held that reassignments were not governed in T.C.A § 49-1417 but rather in T.C.A § 49-1411, which made them permissible. Therefore, Pullum’s claims were invalid. Reasoning: The Chancery Court awarded Pullum his principal salary and duties during the period of litigation because it was reviewing his case against T.C.A § 49-1417. This was an error by the courts. T.C.A § 49-1417 governs the process of “dismissal and suspension.” Pullum was not fired, nor was he suspended. Therefore, the correct application of legal governance is T.C.A § 49-1411, which oversaw the “reassignment” of teachers. After reviewing Pullum’s case against the language of T.C.A § 49-1411, the courts agreed that Pullum had failed to prove that his reassignment was illegal and moreover that the chancery court had erred in affording Pullum 59
extra time and wages during the litigation period. When held to T.C.A § 49-1411, Pullum’s reassignment was effective upon the date of commencement as established by the local school superintendent and school board. Disposition: The Chancery Court’s ruling was reversed, Pullum’s claims were dismissed, and costs were assessed against Pullum. Citation: In the Matter of Waterloo Community School District and Concerning William J. Gowans, 338 N.W.2d 153, (1983 Iowa Sup.). Key Facts: The Waterloo Community School District had been experiencing financial woes for some 15 years. In 1983, feeling yet another reduced budget, the school board, on recommendation from the superintendent, met in executive session to discuss reducing the number of elementary school principals by three. The board agreed to this, and one of the positions dissolved was that of William J. Gowans. Gowans received notification from the board that his job had been terminated based on the following reasons: continued decline in student enrollment, continued budgetary limitations, elimination of three full-time elementary school principal positions, and consideration of the performance of administrators. Gowans brought suit in district court where he was rewarded a reversal of the board’s action. That decision was appealed by the district and remanded to the Supreme Court of Iowa. Issues: (1) Was Gowans terminated under a reduction in force initiative or performance initiative? (2) Did the school district have to show evidence to support the fourth cause? (3) Was Gowans’ termination capricious and arbitrary? 60
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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
Page 21 and 22: Estoppel: (1) a bar to the use of c
Page 23 and 24: Transfer: (1) a conveyance of a rig
Page 25 and 26: Catchings-Owens, 2000; Harris, 2011
Page 27 and 28: administrators very often feel that
Page 29 and 30: number of other incendiary titles.
Page 31 and 32: significantly beyond those of teach
Page 33 and 34: Much like his previous category, Sa
Page 35 and 36: indicative of future administrative
Page 37 and 38: in improving poor administrators is
Page 39 and 40: acknowledge those meetings as notic
Page 41 and 42: primary cause for adverse actions w
Page 43 and 44: school administrators (Davis, 1998;
Page 45 and 46: 4. What principles to guide the pra
Page 47 and 48: ever emp ploys them. This T alterat
Page 49 and 50: First, the researcher collects data
Page 51 and 52: Summary In summary, this chapter pr
Page 53 and 54: was not maintained at the level tha
Page 55 and 56: Dr. Burger and the board to which M
Page 57 and 58: eassignment/reassignment of adminis
Page 59 and 60: Holding: The court held that § 125
Page 61 and 62: Because the finding was affirmed, t
Page 63 and 64: Key Facts: Forrest E. Stafford was
Page 65 and 66: Key Facts: Joseph Lyznicki was prin
Page 67 and 68: Citation: Totten v. Board of Educat
Page 69 and 70: performance and withholding the rai
Page 71: Citation: Rossi v. Board of Educati
Page 75 and 76: Holding: The court held that Taylor
Page 77 and 78: presented. In the case of Ledew, it
Page 79 and 80: SDCL 15-6-52(a) provides the court
Page 81 and 82: Issues: (1) Did the board illegally
Page 83 and 84: his current or former position. Osb
Page 85 and 86: middle school and Grade 9 up to hig
Page 87 and 88: Reasoning: The board empowered the
Page 89 and 90: and torture” the Harvey’s. This
Page 91 and 92: similar position assuming that all
Page 93 and 94: Key Facts: During the 1981-1982 sch
Page 95 and 96: Disposition: The trial court’s ru
Page 97 and 98: Key Facts: Benson was the principal
Page 99 and 100: Finally, the cross claim from the d
Page 101 and 102: Foster for each month that he worke
Page 103 and 104: Roughly two weeks later and after a
Page 105 and 106: the composite evidence that all ind
Page 107 and 108: halted Bill’s speech at this poin
Page 109 and 110: Disposition: The district court rul
Page 111 and 112: Following the 1981-1982 school year
Page 113 and 114: Reasoning: The court theorized that
Page 115 and 116: state board of education. Based on
Page 117 and 118: non-renewal for cause was valid. Th
Page 119 and 120: earing on his non-renewal. Second,
Page 121 and 122: 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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As it was noted before, five issues
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It was explained earlier that the o
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administrators violated due process
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In Snipes v. McAndrew, (1984 S.C.),
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speech is not protected by the Firs
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In Lewis v. Harrison School Distric
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statutes in Klein v. Board of Educa
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eassigned, which was allowed per th
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Botti claimed that he was never pro
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CHAPTER V SUMMARY, CONCLUSIONS, AND
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had been either incorrectly carried
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First, in racial discrimination cla
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Fourth, insubordination was the nex
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have to be an act; it could simply
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failure to inform administrators in
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Outcomes--Identifying Information 2
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Outlandish behavior. Of the 18 outl
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There was a case upswing beginning
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present in these cases with demotio
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supposed insulated speech. The adve
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4. An administrator who possesses t
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17. District-level administrators f
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29. A district/board’s proffered
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Second, Sacken (1996) and Davis (19
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REFERENCES Cambron-McCabe, N. H., M
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Price, H. (2010). Does No Child Lef
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