ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Finally, the cross claim from the district was based on its assertion that it had fulfilled all
the tenets mandated by RCW 28A.58.450. This was shown to not be true. Therefore, Benson was
entitled to back pay, but the court did retract attorney fees as the impetus for litigation was
behavior by Benson that warranted the actions that led to litigation.
La. App.).
Disposition: The district court ruling was affirmed in part and reversed in part.
Citation: Foster v. Board of Elementary and Secondary Education, 479 So. 2d 489, (1985
Key Facts: Dr. John Foster was principal of the South East Louisiana Hospital School.
Fifteen years into his tenure there, Foster was charged with dishonesty, willful neglect, and
incompetency by the State Superintendent of education. The Board of Elementary and Secondary
Education (BESE) held a hearing where Foster was found guilty of the dishonest charge and the
willful neglect charge. No record was given as to his status of incompetency; therefore, it is
assumed, as the court did, that he was not guilty.
The dishonesty charge stemmed from payroll falsification that Foster contested was legal
based on the previous payroll policies that had recently been revised. As to the willful neglect
charge, Foster did not institute an education program according to mandates which he contended
were not possible due to staffing restrictions. Upon conclusion, the BESE recommended one of
two options as punitive measures against Foster: (1) lateral reassignment, (2) suspension without
pay for 1 months and a 1-year monitored probationary period. The superintendent elected choice
two.
Foster served the suspension and returned to work. Following his first monitoring report,
it was noted performance issues with Foster and also with his staff that created impediments to
his performance. Upon his second review, improvements were noted, but an overall lack of faith
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