ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Key Facts: Benson was the principal at Spiritridge Elementary School during the 1981-
1982 school year. On January 6, 1982, Benson received a report from Chuck Hutchins, a school
custodian, that a sixth-grade girl had sex with one of the other school custodians. Benson failed
to report this incident to the police and Child Protective Services, as was the policy of the
Bellevue Pubic School District No. 405 (the district).
Benson tried to contact George DeBell, district director of security, on January 6 and 7
but was unsuccessful. On the 7th, he did reach Ralph Root, director of custodial services, who
wound up reporting the incident to the district director of administration, Joseph Watson. Benson
met with Watson and Alden Clark, Benson’s direct supervisor, on three occasions concerning the
incident and his handling of it. Clark recommended Benson’s suspension to Dennis Carmichael,
Superintendent of Schools, in writing. On January 19, 1982, Benson met with Carmichael where
he was informed that he was immediately suspended with pay. Two days later Benson received
official notice that he was being demoted from principal to teacher, and he was provided with the
process that he had to follow to appeal the action. Benson’s adverse action hearing spanned 3
days (March 22-24, 1982).
As would be expected, the hearing officer agreed that there was sufficient cause for
demotion; however, he ordered the district to award Benson back pay from the time of his
demotion through the end of the investigation due to the district’s failure to comply with statute
RCW 28A.58.450, which stipulates that a principal, prior to adverse employment actions, must
be afforded a predetermination hearing. Benson appealed the examiner’s findings. The superior
affirmed the examiners’ findings and also awarded attorney fees to Benson. This appeal from
Benson followed, including cross claims by the district that Benson was not entitled to back pay.
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