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.

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...