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False allegations

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wereasking

Junior Member
What is the name of your state? WA
1) My husband, administrator of a small school (no unions involved), had approx. 3 meetings with an employee (a female part-time teacher) who's performance was unacceptably below standards. The meetings took place as a result of other staff complaining about this teachers unprofessional behavior and also due to teaching issues that were unacceptable. The meetings were held with administrator (my husband), a principal, and one also had a 4th party (a woman) as a witness. The meetings were to give her specific direction and areas that needed immediate change for continued employment. The woman made several hostile defensive, out-of-context and inappropriate comments in this meeting
2) Several weeks after the above meetings, two separate female teachers came to administrator (husband) complaining about the mentioned teacher: that they wanted nothing to do with her and that she was trying to pit other teachers against him, and other complaints.
3)After processing all the information, the other principal and my husband decided it was best to terminate this teacher. (Other behaviors not related also involved). As administrator, my husband called the board president and discussed the reasons for his recommendation of firing this teacher. He was informed that this teacher had just (after her disciplinary meetings) accused my husband of sexual harrassment to some board members, some teachers, and a parent. She did not follow policy, but went directly to board. No written grievance has been filed.
3) History: The reason there were others in the above described meetings is that last spring this teacher complained to my husband that she felt he was looking at her inappropriately. On my advice, my husband shared this false allegation with his co-worker (a male elementary principal) and together they spoke with this teacher. My husband made clear that it was false and that from this point on this teacher would be supervised by elementary pricipal ( to get my husband out of the loop). We heard no more complaints from her.
4) the board has done investigative interviews and as far as my husband is aware, he is fully supported by all staff and teachers except of course the woman involved. All (that we are aware of) believe that this woman has mental health issues, and that the allegations are false with no basis in reality. The woman happens to be a minority. No suits have been filed and as far as we know this woman has put nothing in writing.
QUESTIONS:
1) What recourse does my husband have legally due to this woman defaming his charactar to board members, other staff, and a (or more) parent?
1) If the board does believe (as they indicate) that the woman is unstable (school staff witness etc.) and that her allegations are false and retalitory out of fear of losing her job, does she have any legal basis for a law suit?
2) If the board does decide to terminate her, they will of course obtain an attorney that the board president stated would also represent my husband; Does he need his own attorney, even if the board states that theirs will represent the school and my husband?
3) What is the statute of limitations on this type of situation?
4) Would letters from staff and teachers reporting this woman's inappropriate statements and behaviors and supporting my husbands charactar be helpful or uneccesary at this point or in the future?
Any recommendations???? Thank You.
 
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Beth3

Senior Member
1. Okay. So at the meeting she demonstrated exactly the problematic behavior they were discussing with her.

2. She sounds like a real peach. :rolleyes:

3. Sounds like she was attempting to forestall being terminated by creating a secondary issue.

3. The accused going directly to the accuser when a SH complaint has been made is almost never a good idea. Your husband should have had someone else investigate the allegation, document his/her findings, and that person should have responded to the teacher.

4. I sure hope no one shared their opinion that she has mental health issues with anyone. That potentially opens several other cans of worms.

1) What recourse does my husband have legally due to this woman defaming his charactar to board members, other staff, and a (or more) parent? None unless he can prove she fabricated the allegations. How is he going to prove that she didn't think he was looking at her inappropriately?

1) If the board does believe (as they indicate) that the woman is unstable (school staff witness etc.) and that her allegations are false and retalitory out of fear of losing her job, does she have any legal basis for a law suit? She certainly can try to claim that she's being terminated because of the earlier SH complaint and/or because of her race.

2) If the board does decide to terminate her, they will of course obtain an attorney that the board president stated would also represent David; Does he need his own attorney, even if the board states that theirs will represent the school and my husband? The attorney will represent the school and/or school board. Inasmuch as the school's interests in denying any claims she brings are tied to your husband's, they will defend him as well. If she files a separate suit directly against your husband, then he should consult with an attorney immediately. That's a long way off however. If she does wish to pursue a discrimination complaint of any type, she first must file a complaint with the State or federal EEOC.

3) What is the statute of limitations on this type of situation? That's a more complicated question than it appears as it depends what she's going to claim but at the federal level it's 300 days.

4) Would letters from staff and teachers reporting this woman's inappropriate statements and behaviors and supporting my husbands charactar be helpful or uneccesary at this point or in the future? No. What would be helpful is for the appropriate person on the school board (NOT your husband) or their attorney to fully document the entire situation (including interviewing those who witnessed her inappropriate behavior and any other performance issues) in case they're needed she she try to file some sort of claim.
 

wereasking

Junior Member
Thank you for your response.
Note: the allegations that this teacher brought to the board were different (than her original complaint last year) and multiplied after the disiplinary meetings and now included verbal and inappropriate touching. We don't know "exactly" what she is alledging nor the time frame or location. We will know the boards decision Tuesday and probably more details.

And...what type of worms are in the mental health issue can? I also then hope it wasn't mentioned.
 
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Beth3

Senior Member
The most obvious can of worms is the ADA (Americans with Disabilities Act.) It doesn't matter if she actually HAS a diagnosed mental health problem or not - if management perceives her her as such, then the ADA applies. It'll be a whole lot better for all involved if nobody goes there.

If I were advising the school board on this entire situation with the teacher, it would be to speak to an employment law attorney NOW to get some expert advice on how to proceed and what documentation they should have in place before terminating the teacher to make sure they are in a good position to respond if she does file a discrimination claim.
 

wereasking

Junior Member
Thanks again for your response & the ADA information; this is all mind boggling. And, worse case senario, should the board decide (unlikely) that they believe her allegations, would the legal next step be terminiating or discipling my husband?

And is the bottom line his word against hers? How are sexual harrassment charges proven true or fabricated? If he were wrongly terminated for fabricated charges that she brought to protect her job, would my husband have legitimate legal recourse?
 

Beth3

Senior Member
And, worse case senario, should the board decide (unlikely) that they believe her allegations, would the legal next step be terminiating or discipling my husband? That is entirely up to the Board. The law doesn't dictate what remedy an employer must impose if SH is determined to have taken place. Disciplining or terminating an employee who is believed to have sexually harrassed another employee is the next logical step however.

And is the bottom line his word against hers? Perhaps. I don't know all the specific incidents she's alledging though and who else may have been present when she's saying he did or said something.

How are sexual harrassment charges proven true or fabricated? By the employer interviewing the complaintant, the accused, and anyone who may have witnessed any incidents or who were present when any incidents are alleged to have occurred. In "he said - she said" situations, it often comes down to making a decision based on the credibility of the individuals involved.

If he were wrongly terminated for fabricated charges that she brought to protect her job, would my husband have legitimate legal recourse? Against the employer, no. Against her, possibly, but the burden of proof would be on your husband to prove that she knowingly falsified the allegations. That's going to be extremely tough, if not impossible. If I get it in my head that when the CFO said "good morning" to me earlier that he was sexually harassing me, I am completely and totally mistaken (and nuts as well) but that doesn't mean I fabricated anything. I'm entitled to think what I want to think, even if I'm grossly mistaken or just plan looney.
 

cbg

I'm a Northern Girl
Just as an FYI, if the employer honestly believes that your husband sexually harassed someone and fires him for it, that is NOT a wrongful termination under the law, even if they are completely and totally mistaken.
 

wereasking

Junior Member
Arrgh!!! The board rightly (OK I guess) to have an outside HR person do a formal investigation of the harrassment complaint to prevent legal repercussions. But, they have left my husband wide open for further false allegations from this person unless he were to have someone by his side every second he was in the building!!
1) If the one that accuses sexual harrassment is placed on paid leave pending investigation by an outside HR person, would this be detrimental to a later possible law suit? IE: if the school board places the accuser on paid leave, and this person is later terminated and files a legal suit, would the paid leave, if applied to only the accuser, be detrimental to the accused or the school?
2) It seems logical to me (but what do gut instincts help!) that allowing someone (who has already made false accusations) access to the accused leaves the door open for future false accusations against the accused. What is usually done in these types of situations?
3) In your experience, has it been best to have accuser and accused both placed on leave?
Thank you
 

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