ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

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carried out in reaction to the declining enrollment and tax revenue and done so pursuant to G. L. c. 59 § 20A. Moreover, the plan was approved by the board in majority. Thus, the reorganization was legal and not arbitrarily or capriciously carried out. Because the court found that the reorganization was valid, Breslin et al. had no grounds to appeal on because their “demotion”-- more aptly termed reassignment--was a valid systemic reorganization whereby demotion hearings were not mandatory. Disposition: The judgment was affirmed. Citation: Rabon v. Bryan County Board of Education, 173 Ga. App. 507; 326 S.E.2d 577, (1985 Ga. App.). Key Facts: Lee Rabon was principal of Bryan County High School. Rabon offended a number of different teachers by making inappropriate and unprofessional remarks about students and discussing matters of sex with teachers. The Bryan County Board of Education referred the situation to the Professional Practices Commission (PPC). Following the PPC’s investigation, it recommended a suspension without pay for 60 days. The board, however, chose to terminate Rabon based on the facts found in the PPC’s investigation. The board agreed that Rabon had irreparably injured his own ability to communicate effectively and instill confidence as the leader of the school. Thus, Rabon was terminated on the grounds of “incompetency” and “good and sufficient cause.” Rabon brought suit in the Bryan County Superior Court. The court affirmed the board’s decision. Rabon appealed. Issues: Was the board bound to accept the disciplinary measures prescribed by the PPC? Holding: The court held that the board acted completely within its authority pursuant to O.C.G.A. § 20-2-1160 (c). 73
Reasoning: The board empowered the PPC to conduct an investigation of Rabon in accordance with O.C.G.A. § 20-2-940 (e). This same code clearly outlines that the board must only accept the facts identified from the investigation. The board is not bound to accept the disciplinary recommendations of the PPC investigative panel. Disposition: The judgment was affirmed. Citation: Alabama State Tenure Commission v. Phenix City Board of Education, 467 So. 2d 263, (1985 Ala. Civ. App.). Key Facts: Charles Carlisle was principal of the Susie E. Allen Elementary School in Phenix City, Alabama. His two years of leadership were marked by staff in-fighting and overall workplace displeasure by his faculty and staff. These issues came to a head in 1984 when Carlisle insinuated to a male substitute teacher that a female teacher at the school was “interested” in him. Following the teacher’s complaint, the superintendent conducted an investigation at the board’s direction whereby he surveyed the faculty. The results were mixed with enough good and bad to not qualify for termination but reassignment was warranted in the eyes of the superintendent. In May of 1984, Carlisle, a tenured teacher, was officially notified by the superintendent that he intended to reassign him to the position of Assistant Coordinator of the Alternative Learning Center. Carlisle protested the reassignment, but the board approved the personnel move. Carlisle appealed to the Alabama State Tenure Commission. The Tenure Commission reversed the order of the board. The Phenix City Board then appealed to the circuit court for writ of mandamus. The writ was granted reversing the ruling of the Tenure Commission. Carlisle and the Tenure Commission appealed. 74
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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
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 and 72: Citation: Rossi v. Board of Educati
Page 73 and 74: extra time and wages during the lit
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: middle school and Grade 9 up to hig
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
Page 123 and 124: As to the award of back pay, the bo
Page 125 and 126: documentation of Finance Director M
Page 127 and 128: proper hearing was conducted he wou
Page 129 and 130: Teachers move to principalships whe
Page 131 and 132: senior high school and Gilbert assu
Page 133 and 134: Daury put a student in a strangleho
Page 135 and 136: 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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