D-15 Responds to Federal Lawsuit with Motion to Dismiss
District claims plaintiff is a disgruntled former employee searching for a way to hold them responsible for her own inability to perform her job
Community Consolidated School District 15 along with several administrators named by a former assistant principal Elizabeth Wong in a federal lawsuit alleging wrongful termination filed a joint motion to dismiss on Dec. 19.
In the lawsuit filed Oct. 18, Wong claimed she was fired for reporting that her boss was an alcoholic who was sexually harassing female employees. She also alleged District officials violated the Illinois Whistleblower Act when she was fired. She is seeking at least $500,000 in damages.
D-15’s response in support of their motion states Wong was informed last Spring that her contract would not be renewed based on serious performance issues noted by her principal, Mary Szuch.
These performance issues included disseminating the results of a school climate survey without Szuch’s permission. It further states that rather than accepting that her performance was found wanting, she blamed her termination on the acts of others.
“She now claims that the School District and the other named Defendants conspired to retaliate against her in violation of the First Amendment, common law and the Illinois Whistleblower Act. . . . These claims are not only unfounded, they are legally unsustainable” the district argues.
The motion seeks to dismiss all four counts of the lawsuit.
In their conclusion, attorneys for District 15, Superintendent Scott Thompson, Szuch and the other administrators allege “Wong is a disgruntled former employee, searching for a way to hold her employer responsible for her own inability to perform her job.”
Wong’s response to the district’s motion to dismiss is due no later than Jan. 23, 2012.
M C
6:35 am on Wednesday, December 28, 2011
This is exactly how these kind of lawsuits end. The whistleblower is labeled a non-performer and squelched. I would submit, there will be no evidence substantiating the school district took any steps to investigate the whistleblower's accusations. Meaning, the principle was never observed over a reasonable period of time by an independent investigating party, or any witnesses / co-workers debriefed. The whole reason for the Whistleblower Act is to allow an employee to come forward without retribution. The timelines of all actions will speak the truth. I am sure the accused parties were well aware of who there accuser was and the subject of their accusations PRIOR to her termination. That in itself should be damning in their case. IF in fact that is the case, a serious look needs to be taken regarding the management of any internal investigative process within District 15.
PFW
1:19 pm on Wednesday, December 28, 2011
According to the district's response, the district is admitting a drunk principal was allowed to run the school and the assistant principal was required to report that fact to DCFS first and not her immediate supervisors? That's ridiculous. The obvious question is then, why was this guy allowed to run the school for a few more years? I hope the District 15 school board is really paying attention on this one.
Scott
4:03 pm on Wednesday, December 28, 2011
PFW - I think you're misreading the districts response.
I think they're saying she's basing part of her claim on the Illinois Abused and Neglected Child Abuse reporting Act - which requires a report to DCFS - yet she *didn't* make a report to DCFS, or claim she had a cause to make the report.
You can't base your suit on something you were required to do (if it indeed did happen) but then didn't do.
PFW
4:32 pm on Wednesday, December 28, 2011
Scott - looked at her lawsuit and it doesn't say anything about the Abused and Neglected Child Act. The word "misconduct" is used frequently in the lawsuit. Is that what you're referring to?
Maryb
4:11 pm on Friday, December 30, 2011
Is anyone conducting a cost benefit (or cut your losses) analysis? How much is it costing the district to fight a lawsuit versus settling? Really if Wong reported that a principal was "indisposed" and the then administration did not aggressively address the transgression well.... Time to cut the losses. Oh, can we, the taxpayer, get back any of that generous pension(s) from the past administration?
Lester
4:59 am on Thursday, January 5, 2012
Ms. Szuch should not have been named a defendant in this suit. When you feel you've been wronged, you tend to label anyone that even looked at you wrong as an adversary. The district's management completely mishandled or ignored the plaintiffs initial complaints, probably due to cockiness, cronyism, and politics. I believe a different Superintendent was in office during the initial complaints. During his tenure, you didn't need to be a rocket scientist to see that he had some alcohol related job performance issues. He should have definitely been named as a defendant in this suit. He, as well as a great majority of the district's management at that time, lied to get themselves out of some difficult situations. That's why people file lawsuits. For some reason, even habitual liars tend to tell the truth when questioned in a court of law. This is just a guess, but I tend to think it has something to do with not wanting to make new friends while in prison. Other than her complaint against Ms. Szuch, I think the plaintiff has a solid case against the district. The district's lawyers are just doing their job by posturing and racking up billable hours. For obvious reasons, the district will never allow this to go to court. After they write Ms. Wong her check, the Board should do their job and clean house of the idiots, morons, and imbeciles that created this situation. Wong didn't create it..incompetent upper management created it. When she does win, a line will form, guaranteed.