How will Charlotte-Mecklenburg Schools respond to last week's jury award of $1.1 million to a former teacher? Don't expect immediate answers, CMS general counsel George Battle III said Wednesday.
In a closed meeting late Tuesday night, Battle briefed the school board on the Jeffrey Leardini case. In a federal civil suit, Leardini testified he was coerced to resign immediately after students at Community House Middle accused him of improperly touching them. Had he not been misled by a CMS employee relations specialist, he and his lawyers argued, he'd have had a chance to preserve a successful teaching career. The jury agreed, siding with Leardini on all counts.
Options could include seeking a new trial or appealing to the Fourth Circuit Court, Battle said. The district has 28 days to file post-trial motions, he said, and a decision about appeals would come after the judge rules on motions.
Whatever CMS ends up paying won't come out of money for classrooms, Battle and interim Superintendent Hugh Hattabaugh said. The district has insurance to cover some awards, and also keeps an emergency reserve fund.
Thursday, March 1, 2012
CMS pondering $1 million teacher verdict
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49 comments:
Poor CMS , Just when you thought things could not get any worse.
One court case doesn't mean the world is ending for CMS.
While large school districts face lawsuits all the time, I think this case highlights a particular problem with CMS: the incompetence that exists in central administration. When a school district this size does not have a set procedure for handling a situation, like Mr. Leardini's, in a fair and legal fashion, that means someone is not doing her job.
Having just moved here recently and teaching in CMS for a few years, I was pleasantly surprised at the dedication and attention to detail of the teachers and school administration at my kids' school. I was equally as shocked at how poorly the school system is run. The inexcusable way that CMS treats its professionals (school administration and teachers) is just one area where the people in central administration illustrate how incompetent they are.
I don't know why we, as citizens, put up with such gross incompetence. We should be able to do better.
Let me ask a question that seems to have lost relevancy in this botched case: did he do it or did he not? Does anyone know?
One Million is worth it to keep pedophiles away from my child.
King Ward, It doesn't matter whether he did it or not (though he was apparently acquitted of criminal wrongdoing). The issue here is CMS HR--one employee in particular--wrongfully coercing a teacher into resigning and then refusing that teacher's attempt to change his mind.
Being bullied by CMS administration/HR/Employee Relations is a special experience that you can't possibly understand unless you've experienced it. You can be a teacher that has the support of students, parents, and colleagues and still be defamed and humiliated at one administrator's/executive's whim. I as well as several other former employees have considering bringing suit against CMS; for those of us who chose to move on because CMS hadn't quite managed to ruin our careers, this case is vindication. Personally, I'm hoping this case will finally serve as a wake-up call that CMS can't keep treating us this way.
Looks like they got a lesson in innocent until proven guilty.
Split CMS into 3 regions. It is rife with mismanagement.
@Anon 7:57am - more bureaucracy is not the answer.
As I previously said, he should have been fired for stupidity.
Keep your hands to yourself, no matter how good of a teacher you are.
The first two students complained about his touching their shoulders in October 2005.
Leardini testified that when the principal raised the issue, he apologized to the two girls and kept his distance from them.
However, he said he kept squeezing shoulders and patting arms as part of an interactive style designed to encourage and engage students.
Leardini contends the complaints that led to his resignation are all connected to one of those girls, who was moved out of his class after conflict over low grades. He testified that the girls who pressed charges were close friends of that girl.
Read more here: http://www.charlotteobserver.com/2012/02/24/3038802/teacher-wasnt-pushed-to-resign.html#storylink=cpy
Anonymous said...
One Million is worth it to keep pedophiles away from my child.
MARCH 1, 2012 7:52 AM
Your ignorant post exactly illustrates the problem - there was an 'allegation' not a conviction. The teacher was pressured into resigning. At a criminal trial he was found NOT GUILTY.
By your reasoning everyone accused of anything must be GUILTY. You apparently work for CMS Human Resources.
PRIDE OR TEP?
A protracted battle in the courts over this settlement will hurt the Talent Effectiveness Project. The only good in an appeal might be protecting some principle; but I’m not sure which that would be.
CMS is at a fork in the road. Each path says something to current teachers. The path I suggest says for CMS to accept the decision and get-on with the job a bringing teachers and administration together through TEP. The other path, while legal and moral, will be a constant reminder during TEP that the alternative is adversarial co-existence.
Bolyn McClung
Pineville
7:57 absolutely no guarantees we wouldn't have 3 mismanaged districts rather than one.
Yes, Bolyn, CMS is forked.
Kid is lazy and doesn't like teacher. Kid gets bad grades. Kid is a girl. Kid complains to parents that teacher is touching her (because she is mad about being called out for being lazy, and getting a slacker grade). Kid gets friends to complain as well. NOBODY was assaulted, and other kids then say it was no big deal to be touched on shoulder. Congrats CMS, now pay the man and learn from it.
@8:11,
Why would there be "more bureaucracy" with three new Independent School Districts? I would imagine that setting up a new set of administration would allow a hard look at efficiency and practicality from the beginning. With smaller enrollments, any kind of wasteful spending or wasteful amounts of staff would be evident very quickly. Unlike now.
@8:32
Is what CMS is doing right now working? Or would you rather have a try at making things right, giving local communities more control? CMS has grown so big, that any economies of scale have long been trashed by the massive size and ineptitude of current management.
If you don't believe me, try asking a detailed question to anyone on staff. See what kind of answer you get.
Someone said we have no guarantee that three districts would be no better than on dysfunctional one.
What do you think the success of the three Musketeers and the thee Stooges were?
At least with three or four, we could have a first, second and third place in incompetence at CMS.
This happened under Gorman, right? Let's hope this was a product of his totalitarian, anti-teacher reign and things will be better now and with the next superintendent. The sad thing is that it was probably unnecessary. If the guy was scum he would have lost his job and career had they followed correct procedures. I hope he was innocent. Then the million dollar loss doesn't sting as much and no kids were actually hurt. I heard a rumor the principal of Ardrey Kell was considering applying for the job. Anyone know? I don't know much about him but I think he's well liked.
Whatever CMS ends up paying won't come out of money for classrooms, Battle and interim Superintendent Hugh Hattabaugh said. The district has insurance to cover some awards, and also keeps an emergency reserve fund.
Um, hmmmm.
I would like to know how much insurance coverage CMS has, IN DOLLAR AMOUNTS.
I would also like to know how big the emergency reserve fund is, IN DOLLAR AMOUNTS.
And someone correct me if I'm wrong, but if CMS has established a reserve fund, that means that monies have been squirreled away to save for a rainy day. I get that. All companies do this. But it's a bit disingenuous to state that a verdict payment "won't come out of the classroom." If this reserve was funded from taxpayer dollars, ie County property taxes, it most certainly DID come out of the classroom.
If my logic is incorrect, I hope someone will set me straight. Perhaps the funding for the reserve came from donations?
Where doctors are taught, "First, do no harm," CMS administrators and staff are taught, "First, don't get sued," as their instinctive mantra. It guides and actually misguides and corrupts their entire way of doing business, and 9 times out of 10, it leads them to do, not just the wrong thing, but the exact thing that will make a situation worse. Quod erat demonstrandum.
D'Artagnan made the 3 musketeers successful. And wasn't there a 4th stooge, too?
And what about the Block of 3 on the school board...wait they are not successful, forget that one...
I wonder how many coaches would be called "pedophiles" for putting their arms around players or slapping them on the butt? My wife teaches elementary school and she hugs both boys and girls, because she loves them. A lot of them never get this attention at home.
Great article Ann... Keep digging...there is soooo much more to uncover!
I can hardly wait to see what the heirs of Barry Bowe elect to do!
Dont pay the million dollar extortionist heist and for the sake of overdue change could Ms Doss please insert another mug shot of herself. This one has had its day is repetitive and redundant.
Thnx in advance.
Elizabeth Reading Club
Why go to tall the trouble? $1 million means nothing to CMS, as evidenced by their willingness to throw taxpayer dollars away on duplicate testing. And, it is not like CMS has a reputation to protect.
Anon 9:40...
Do an internet search on "LA elementary school teachers arrested"...
You might think twice about hugging and touching kids.
Whether they do or don't get hugs at home is immaterial.
Anonymous at 8:32: If CMS were broken into 3 districts, each could elect a school board representative of its values and issues. Among the many other benefits, taxpayers could see which school board(s) was more effective. In other words, the elected would have some measure of accountability. At the moment, they have none, and it shows!
In CMS a major speeding ticket may be grounds to be fired. Truth is that CMS gives all employees 30 days to resolve any type of legal issue. If not resolved in 30 days you are gone. This is absolutely guilty until proven innocent. Not the USA way the CMS way.
8:32 - District 6 elected Tim Morgan a few years back. How'd THAT work out for them? HE was one who shared their "values and issues" yet forsake them when St. Peter unveiled his "plan".
sorry not 8:32, 10:22!
This did not happen under Gorman. CMS was between superintendents as is will be again in another 3-4 years after the school board hires it's next victim. The average tenure of an urban public school superintendent is 2 years. Gorman lasted 5 which is a record.
Here's how it works:
Inept school board members with absolutely no professional experience in Education hire a school superintendent who they think can save the world. The new head honcho arrives in town with grand fanfare, all sorts of new and improved reform ideas and immediately shakes things up before leaving for a consulting job around the same time a new school board of inept individuals with no experience in education is elected. Not that complicated.
As far as Mr. Leardini. Mr. Leardini was never charged with sexual misconduct. He was charged with assault against a female which a jury deliberated over for less than 40 minutes before acquitting him. In short, a girl was mad at him for not doing well in his class and she lied. Of course, nobody's kid ever lies. It's everybody else's kid who does.
Take 2.
Jeff is back in court and a different jury concludes CMS unjustly terminated his employment through coercion.
Moral of the story.
If you're a male teacher you should never touch a kid in any way, shape, form or manner. Maybe a high-5 but even that's risky. Also, never sign anything associated with CMS bureaucracy without consulting an attorney.
Can female teachers still hug kids? Yes they can. It's a double standard. Such is life.
The stupid media called Jeff a pedophile even though he was never charged with sexual misconduct. I remember some moron standing outside of the school building with his fake microphone and TV crew referring to Jeff as a pedophile. Local TV news is about the worst shlock out there. It's called irresponsible reporting.
Moral of the Story 2:
Never trust the media who's goal it is to sensationalize every story to it's fullest to line their own pockets.
Dr. Bowe. CMS has blood on it's hands here too. Not a single CMS high-up official attended Barry Bowe's memorial service. 8 years as a respected and loved Principal in CMS and not a single know-it-all who cares about "all the children" showed up.
@7:52 You are absolutely right. When HR/Administration has decided they want you gone - they will do everything possible (including illegal actions) to make it happen. What they don't expect is the professional on the other end to fight back.
There is no hell like trying to fight the system in the work place. Their goal is to make you look incompetent on your job, so that they are "justified" in their decision.
I've learned from this experience myself...keep notes on what is happening to you and stand up for yourself, and don't say a lot. You have to hold your employer accountable for creating a hostile working environment. If they choose to do so, then they have to choose either lots of negative publicity or a nice settlement to make you disappear.
GOOD FOR HIM, CMS SHOULD HAVE NEVER FIRED HIM.
CHILDREN LIE...
What people aren't focused on is that the size of the award here is a result of bad attorneys. Even if CMS was found liable, the award should have never been this high. If CMS would have the sense to hire good lawyers (who charge more)they would end up with less judgements like this and save money in the long run. CMS got outlawyered in a big way.
Maybe CMS got "out lawyered" because some teacher making $35,000 a year found an attorney who could see through CMS's behemoth dog do-do and figured he /she could build a compelling case.
1.1 million isn't that much for having your life and name ruined. What's your life worth?
Raise the Mast
Logic is Correct
NO DATA!
NO PEACE!
Follow the Money
I'm not a CMS Central math whiz but here it goes:
$1,000,000.00 (that's 6 "0's" before a decimal point) divided by 178 (the approximate number of schools in CMS) = $6,180.00, give or take a little.
Let's say your average elementary school has 4 classes per grade level plus a P.E., Media, Art, EC, Gifted and Music room (I'm excluding the 8 trailers out back). That's about 30 classrooms per elementary school (6 grades x 4 classrooms plus 6). $6,180 divided by 30 (long division) = $260.00 bucks per classroom, give or take a little. $260.00 divided per child in a classroom is about $26.00 bucks unless your kid is attending a "weighted student staffing" school in which case $26.00 bucks per kid is about $75.00 bucks per kid. Low-income schools in Charlotte receive up to 3 times the amount of per-pupil money than higher income schools which would reduce the $26.00 extra bucks a kid might receive at Community House Middle School (where Mr. Leardinni was falsely accused of molestation) to a lesser amount which even the Math whizzes at CMS can't calculate.
Or, you can divide $1,000,000.00 by 140,000 which is the approximate number of students in CMS.
Or, you can make up your own numbers like CMS does.
Or, you can give every "effective" teacher a $100.00 a year raise.
1 million dollars divided by 140,000 students is about $7.00 per kid, give or take a little.
CMS will spend $1,000,000 just trying to figure out how many zeros to put on the check.
A mere pittance!
Quote from CMS.
I resigned the day I found out that my principal was changing the grades of several students to reflect them as passing (some of whom were members of his congregation!). I rescinded my resignation within a couple of hours after deciding to fight this, only to find out the principal had the last say as to whether I'd be accepted back. Ever since, I have not been able to secure another position within CMS. And this in spite of a successful track record within Gaston County Schools, plus glowing recommendations from current and former principals, APs and my graduate professor. It's sickening what CMS does and gets away with.
I worked at a school in another state where an athletic coach change a grade of an "F" I gave a student so they could run on the track team. The kid never showed up to my class but the coach said I was impeding the kid's chance at a college athletic track scholarship. I'd be willing to bet a million dollars the kid never competed her freshman year at college although her running abilities may have temporarily kept her out of reach of the PO-lice.
Actually, five school board member and supt. Hattabaugh attended the memorial. Three went to the repass at the school.
Just terrible move again on cms side as they shoud have settled out of court for 400k . Young Geo
rge Battle the cms minority cheap attorney should have seen the outcome prior to the case hitting a jury. Not surprising as cms lives in a world of its own. Its about time the real world issues they created caught them by the purse strings. Its unfortunate it will affect our budget in a negative fashion , but its time they be held accountable. When a judge comes down on you with a judgement in excess of $1mm that should be a glimmer of light for you HUGHIE !!!!!!!!!!!!!
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