More Pending Fayette County Litigation

It's been a while now since a few KSN&C readers asked me to look into other cases pending against the Fayette County schools. My apologies for just now getting around to it....but it's been a very productive year for academic writing.  : )

First, there is still no final action from the Kentucky Court of Appeals on Rosalind Hurley-Richards. Scheduled in April, appeals typically come back in 60 - 90 days, so we ought to be very close to a decision now.

Another case pending before the Kentucky Court of Appeals is,

Florence v LaFeesha Patton 

as next friend of Jane Doe (08-CI-02053).

According to the brief for the appellant, Florence is appealing the denial of immunity.

Case arises out of bullying incidents alleged to have occurred between January 2008 and April 2008 at Crawford Middle School where the minor child Jane Doe was a student. The case was brought by her mother, LaFeesha Patton. Defendants named in the suit includes Superintendent Stu Silberman, Principal Joyce Florence, Associate Principal Michael Bayless, Director of Middle Schools Michael Ernst, School Administration Manager Perry Stevenson and Guidance Counselor Rosemary Cheek.

The first incident between Doe and any other students occurred on January 14, 2008. Doe says she and KG were in the gym when KG threatened to fight Doe. She responded by threatening to pull KG’s “weave out of her head” if she touch her. Doe admits that the altercation was investigated by Bayless and the students were punished. Doe and KG were suspended for one day.

On January 28, 2008 posting was made on a MySpace.com page belonging to JM. SK viewed the picture and entered a comment. There is no evidence the MySpace page was created at school, or utilize school resources, or that it was ever viewed at school by JM, SK, Doe, or any other student, or that any discussion of the contents of the page ever caused disruption to the educational process at Crawford. Doe alleges she discussed the posting with defendant Bayless.

On February 1 Doe alleges SK pushed her in the hallway when no other students were around. Doe told him not to do it again, but he did. They continued hitting and kicking each other to the point that SK was on the ground and Doe was standing. This was the first physical altercation. Bayless gave SK five days of suspension and Doe was given three.

The MySpace posting was not discovered by Doe and Patton until sometime in early February 2008 and was reported to school personnel by e-mail on February 4. Florence met with SK and he did not deny making the comment online. Florence informed SK of the inappropriateness of the behavior but said she could not take disciplinary action because the conduct did not cause any disruption of school day.

Doe also alleges comments toward her by SK continued all through the month of February and March and that she reported this to her teachers.

Another incident occurred between JM and Doe, when Doe made insensitive comments in class suggesting that an adult should be embarrassed to have to rely on food stamps. Because JM’s family relies on food stamps, the two students exchanged words and were removed from class.

On April 8, Doe alleges SK bumped her with his shoulder in the hallway and said "excuse you" as though she had bumped into him. Doe alleges that SK continued to make comments to her on a regular basis. On April 14, Doe met with defendant Cheek and shared feelings with her that she found to be of sufficient concern to contact Patton while Doe was still in Cheek’s office. She recommended to Patton that Doe be evaluated and seek counseling. Doe was soon withdrawn from school.

The Verified complaint filed by Patton alleged numerous incidents of physical bullying and cyber bullying, that Doe was subjected to numerous "beatings," assault, that Doe and SK were intentionally placed in class together and that Florence and the other defendants refused to punish the other students. Patton alleges these events led to anxiety attacks in Doe. Patton claims negligence (including negligent supervision of subordinates and students) and violations of state constitutional rights.r case2010-CA-000840010-CA-000840 2010-CA-000840

Legal Wrangling in Cowan Case

In the past couple of months, activity in Jill Cowan's suit (Civil Action # 09-CI-1905) against Fayette County Superintendent Stu Silberman, Jesse Clark Principal Lisa Goodin and former Middle School Director Michael Ernst has been limited to attorney's motions relative to the Second Amended Supplemental Count Two.

KSN&C Backstory, then here, and here and here.

Cowan is suing the Fayette County Public Schools alleging she was denied an opportunity for promotion and that the denial was related to an unwelcomed advance from Goodin, her superior at the time. The case is being heard in Ernesto Scorcone's Seventh Division Fayette Circuit Courtroom.

Goodin's attorney filed a motion, late this summer, arguing that Cowan had been too vague about her allegations. Judge Scorcone agreed and the attorneys have been arguing over whether their clients have actually been accused of anything under the Second Amended Supplemental Count Two.

Cowan claims that she was being "blackballed" through a series of "behind the scenes" actions. The defendants claim that she has made no specific complaints to which they can respond.

Cowan claims she was denied advancement within the Fayette County schools after she reported unlawful discrimination based on her gender. She says she was retaliated against by the defendants in a conspiratorial fashion and that she "is not privy to the behind the scenes machinations of the FCPS." Cowan hopes discovery will reveal the particulars of how she was discriminated against. Cowan alleges "both a pattern of discrimination and a charge that Goodin both conspired to and acted to retaliate against her for her complaints" about Goodin.

Goodin claims she was suspended, and outrageously escorted out of the school by armed police officers, after she filed a civil rights complaint against Goodin. Her suspension, she says was "based on mere superficial claims from Goodin that Jill had returned late from a meeting in the prior month" and that she had "purportedly been 'unprofessional' during a prior telephone conversation with Goodin."

Silberman says Cowan "was suspended with pay...to afford the opportunity for an investigation of certain information" concerning Cowan's conduct.

In other news, the case is moving into the discovery phase with Jill Cowan scheduled to be deposed by Goodin's attroneys on January 5th 2011.

The attorneys involved in this one include:

For Cowan: J Robert Cowan and Charles W. Arnold.

For Silberman and the BOE: Robert Chenoweth and Grant Chenoweth.

For Ernst: Larry Bryson.

For Goodin: Steve Barker and Joshua Salsbury.

Activity in Cowan Case

There has been some recent activity in PL Dunbar High School Counselor Jill Cowan's suit against Fayette County Schools Superintendent Stu Silberman, former FCPS Middle School Director Michael Ernst, and Jesse Clark Middle School Principal Lisa Goodin.

KSN&C Backstory, then here, and here.

Cowan sued the Fayette County Public Schools about a year ago, alleging she was denied an opportunity for promotion and that the denial was somehow related to an unwelcomed advance from her superior. The case resides in Ernesto Scorcone's Fayette Circuit Courtroom.

In August, Charles W Arnold entered as a new lawyer for Cowan joining J Robert Cowan, Jill's Ex-husband.

Goodin's attorney filed a motion arguing that Cowan had been too vague about her allegations. Judge Scorcone agreed and Cowan had to submit an Amended Supplemental Complaint. In that complaint, Cowan alleges that she "made various complaints of unlawful treatment" prior to the filing of her lawsuit. That she...

• applied for various positions
• was qualified
• was not selected
• not selected because of her prior complaints
• applied for multiple promotions after the suit
• defendants failed to place her in any of them

Here's the list of positions for which she applied:

• April 2009 - all elementary elementary school principal positions (generic); not interviewed
• April 22, 2009 - Middle school Associate Principal
• April 22, 2009 - Middle School Principal
• April 22, 2009 - FCPS .5 Program Director for Middle College/.5 Middle School Director
• April 22, 2009 - FCPS Program Director Middle School/high School (Learning Center @ Linlee)
• May 15, 2009 - Associate Principal @ Lafayette High School
• May 22, 2009 - Associate Principal @ Dunbar High School
• During 2010 - Principal @ Meadowthorpe Elementary, Southern Elementary, SCAPA, LTMS, Southern Middle and Associate Principal @ Lafayette High School and Leestown Middle School.

She was apparently included in the generic principal screening, but no further interviews.

Cowan claims that her current husband, Bryan Station Middle School Associate Principal Max Doak, was also retaliated against as a result of her complaints.

The more I learn about this case the harder it is to figure out who to root for.

On one hand, I can't find anyone willing to say that Jill Cowan has what it takes to become an effective principal. That would usually stop my interest in a complaintant right there. I can't see where Cowan was owed an interview. If Goodin or Silberman did not see her as a finalist for a principalship she shouldn't have been interviewed. It would have been insincere. Clearly, the district can't (and shouldn't) guarantee every current employee an interview. Lots of folks are good at their current jobs but lack the skills to lead a modern school effectively.

On the other hand, the way the district handles its human resources functions these days leaves cause for concern. During the Petrilli case, Silberman and is deputies revealed that principals were not marked down on their evaluations, something they subsequently changed, once KSN&C made the fact public. In this case, there's talk about destroyed employment documents. Add to that the H-L report that Cowan contacted the school district's civil rights compliance officer on April 11, 2008, only to be suspended from her job the same day. Or that in denying Cowan an interview, Goodin told her that she intended to hire a man, was only interviewing men, and that a man had, in fact, been hired.

Will maladministration cause the district to lose a suit it should otherwise win easily?

Stay tuned.

There's Nothing to See Here. Move Along.

Cowan Case Languishes in Fayette County Court

Last summer, when I was researching the Petrilli v Silberman case it was necessary to spend hours and hours going over court records. I read complaints, amended complaints, answers, amended answers, motions, counter motions, depositions and watched hours of courtroom mini-drama videos.

This past week, when an open records request from Fayette County was not quite ready on time, I found myself with a little time on my hands. So I tritsed myself back down to the Fayette County Court clerk's office for a peek at the Cowan case file. Thirty minutes and I was done.

I figured I'd ask Jesse Clark Counselor Jill Cowan's attorney, J Robert Cowan what was up.

Cowan apparently figured he wouldn't respond.

Here's the KSN&C Backstory. As readers will recall, Jessie Clark Middle School Counselor Jill L Cowan sued the Fayette County Public Schools and Jesse Clark Middle School Principal Lisa Goodin about a year ago, alleging she was denied an opportunity for promotion because of her gender. She is suing in Fayette Circuit Court for damages and a jury trial.

The case file shows little news and no activity over the past year. The case was assigned by lottery to Judge Ernesto Scorsone.

Cowan's complaint claims that "Goodin made various comments to Jill regarding Goodin's sexual orientation." That "Jill made it clear to...Goodin and [former Middle School Director Michael] Ernst that such comments were unwelcome" and as a result, Cowan claims, she was retaliated against.

Cowan's complaint alleged that Goodin refused to interview her for a promotion to associate principal after telling her, three times, that she intended to hire a man, was only interviewing men and that a man had, in fact, been hired. According to the complaint, when Cowan complained to FCPS Civil Rights Officer Barbara Connor, she was immediately suspended, and escorted from school grounds by police. The next day, FCPS Superintendent Stu Silberman sought out Cowan's husband a Bryan Station Middle School Associate Principal and told him "not to worry" that "everything was going to be OK."

Cowan claimed that the suspension violated district policy 03.173 which allows suspension with pay "only when the superintendent determines there is a justifiable need for an investigation of alleged employee actions necessary to protect the safety of students and staff or to prevent significant disruption of the workplace" and such suspensions are "not to exceed twenty days."

The district answered saying,

• the complaint was barred by governmental immunity
• federal civil rights claims were barred by the 11th amendment
• no improper actions were taken
• KRS 411.184 bars punitive damages
• Cowan had no property interest in the extra duties she lost
• she was no subject to adverse personnel action
• she failed to exhaust administrative remedies
• statute of limitations
• defense is entitled to good faith immunity
• Cowans' claims were dependent on the Jesse Clark Middle School Council - that as a matter of law, the principal has no authority to hire

Silberman's attorney added

• He can't be held vicariously liable for the acts or omissions of FCPS employees
• He conformed to the law
• followed legal advice
• was justified in his actions since he was required by law to investigate
• If Silberman is found liable, any damage was due to others
• KRS 411.184 bars "plaintiff claims for punitive damages" as such would violate Silberman's due process rights
• It is JCMS school council's conduct that is in question

Goodin's lawyer said,

• the complaint was too ambiguous and so Goodin denies
• Cowan was not well-respected as an individual of professionally
• denied that Cowan had excellent evaluations
• none of Goodin's actions were motivated by sex
• Claims should be barred because Goodin is not responsible for hiring
• Any statements Goodin made were opinions and not actionable
• Statements by Goodin were not defamatory

And similar from Ernst.

Maybe Silberman was right. Maybe everything is OK now. According to the Jesse Clark Middle school website, Cowan is still the counselor - and nothing is happening at the court house.

Anniversary Recap

I've gotten a few questions on Jill Cowan's suit at Jesse Clark Middle School recently. So the following is a little recap. The matter is still under litigation.

Jessie Clark Middle School Counselor Jill L Cowan sued the Fayette County Public Schools about a year ago, alleging she was denied an opportunity for promotion because of her gender. She is suing in Fayette Circuit Court for damages and a jury trial. The defendants are the Fayette County Board of Education, FCPS Superintendent Stu Silberman, Jesse Clark Principal Lisa Goodin, and former FCPS Middle School Director Michael Ernst. The administrators are being sued individually as well.


KSN&C Backstory:

Cowan alleges that Principal Goodin refused to interview her for a new associate principal position because Cowan is a woman.

At the time, Fayette County was toying with a counter suit. FCPS spokeswoman Lisa Defendall told Jim Warren of the Herald-Leader that the district had turned the suit over to its attorney (Bob Chenowith) for review.

"We fully intend to contest these unfounded allegations in court," Deffendall said. "There have also been some discussions about the possibilities of a countersuit."

It was yet another case of He Said, She Said - but with two “shes.”

Cowan's complaint alleged that Goodin refused to interview her for a promotion to associate principal after telling her that she intended to hire a man, was only interviewing men and that a man had, in fact, been hired. Shades of Booker T Washington Academy.

If true, that's a No- No. But who knows? It does begs the question; According to the record, who was actually interviewed?

Otherwise, she wanted a promotion and the boss said, “No.” There are no individual guarantees. Last time I looked, women were well-represented among FCPS Administrators. Has that changed?

Cowan was apparently mad at Ernst because he did not wade in and force Goodin to (interview or hire) her, and more as well.

Salt the wound; H-L reported that Cowan contacted the school district's civil rights compliance officer on April 11, 2008, only to be suspended from her job the same day. According to Cowan, her suspension was based on claims that she had returned to school late after a meeting and had been "unprofessional" in a phone conversation with Goodin.

The suit also acknowledges that Silberman concluded, after the fact, that Cowan had not committed any acts warranting a reprimand.

But Cowan says it got personal. Her complaint states she was the target of "purposeful, intentional, negligent and reckless misconduct and retaliation" by various school officials, who intended to "harm and disparage her in her personal and professional life."

Cowan alleges that Goodin continued to treat her in an "unlawful and disrespectful manner" and that officials continued a "pattern of discriminatory and retaliatory treatment" against her. She alleges that this included "defamatory statements" suggesting that she was unfit to perform her duties.

Cowan told H-L that she subsequently was not rehired as assistant girls' track coach at Jessie Clark — a post she'd held for five years — and was removed from a paid position as an extended school tutor.


I don't know if the case was outsourced or handled in-house, but it is certainly the kind of legal work one would consider for outsourcing.

Fayette Middle Schools Director Canned

Associate Principal Demoted

This from H-L:

Fayette middle schools director resigns

after allegations he helped candidates

The Fayette County Public Schools' director of middle schools has resigned, after he provided two people with an advance list of questions and other material a district committee used to screen applicants for jobs as principals, school district records show.

Middle Schools Director Michael Ernst submitted his resignation on June 1, according to the documents.

Crawford Middle School associate principal Michael Bayless, one of the people who received the questions, was demoted to classroom teacher and suspended 10 days without pay, according to district records.

Bayless was interviewed by the screening committee in April and got a high score, using answers and other information supplied by Ernst, the records said.

The other person who improperly received screening materials is not employed by the Fayette schools and never went through an interview for principal, Superintendent Stu Silberman said Wednesday.

Ernst declined to comment Wednesday. Bayless said only that he had acknowledged his actions and accepted the consequences.

Ernst was one of several administrators on the screening committee, which this spring interviewed candidates seeking jobs as principals for next year. The panel used prepared questions and certain "look fors," or key points, that candidates' responses should include, Silberman said.

"A person would have a distinct advantage in knowing what the questions and answers were ahead of time," he said...

Guidance Counselor Sues Fayette schools

alleges gender discrimination

Jill L. Cowan, a Jessie Clark Middle School guidance counselor, has filed a lawsuit in the Fayette Circuit Court alleging she was denied an opportunity for promotion to assistant principal because of her gender.

This from the Herald-Leader:

Fayette Public Schools spokeswoman Lisa Deffendall said the district has turned the suit over to its attorneys for review. "We fully intend to contest these unfounded allegations in court," Deffendall said. "There have also been some discussions about the possibilities of a countersuit."

According to Cowan's complaint, she called Goodin in early July 2007, asking to be included among individuals being interviewed for associate principal. The suit says, however, that Goodin denied the request. Goodin allegedly told Cowan that she intended to hire a man and advised that she was interviewing men only.

Clearly, Goodin had no obligation to grant an interview to any particular candidate. If Cowan didn't get an interview because Goodin perceived her work to be substandard, then Goodin did her job. But if Cowan has corroboration on the alleged remarks attributed to Goodin it could prove problematic for the district.

Cowan says in her suit that the job ultimately went to a male and that when she complained to Michael Ernst, the district's middle school manager, he did nothing.

The suit says Cowan contacted the school district's civil rights compliance officer on April 11, 2008, only to be suspended from her job the same day...