Sunday, November 11, 2007

Tyranny needs...people of good conscience to remain silent.

We have talked to many employment lawyers. At the risk of tipping off the District as to our activities (they are reading this, too, you know), here is a summary. When we get to the part about "and the union did nothing," most fold up their legal pads and say they have done work for WEA, what we are talking about is a "failure to represent" case and they would have a conflict of interest. End of $100-$200 initial consult session. Interesting that so many of the Puget Sound lawyers have the same conflict and that it blocks us from finding someone to take on our main case which is against the District. Other lawyers have listened with compassion and said they were sorry for our ordeal, but no laws were broken (thus the comment about the low threshold of the State's bullying law: "model appropriate behaviors" without punishment for not doing so. West Virginia law, by contrast, has clear penalties for adult-on-student and adult-on-adult bullying up to and including pulling the offender's certification.). Other lawyers are of the opinion that since the District has more resources (read: money), it would go to a stall tactic or react with even heavier-handed legal actions, either of which would be intended to run up our legal bills beyond the point that we actually get anything out of it (We figure our economic loss alone at around $1 million). It would not be pretty. The settlement agreement which was signed under the duress of the bullying (only one lawyer thought that it could be challenged) absolves the District of any past or future wrongdoing and forbids my husband from even talking about this case. EVER. Yes, there are short periods to rescind the agreement, but after you have been subjected to a three-year long period of bullying, you just want the pain to stop. Your sense of self-preservation kicks in and you will go hide in a hole in self-defense. We are not the only ones who were treated in this manner; this isn't something we are being thin-skinned about. We can provide the names of other victims if they give approval. Most, however, are just trying to repair the damage to themselves and their careers.

Age discrimination is not as easy to prove as you think, either. Federal statutes have a time window in which the discriminatory act must occur and be reported. This window moves forward in time so any discriminatory actions older than that number of days don't count in the proof. Therefore, the three years of documentation we have is just so much paper to the Feds. State law is a bit different with a longer statute of limitation, but is still hard to prove; it becomes a she said/he said thing. A no trespass order can be written out against ANYONE with no proof of actual physical or intended trespass; the fact that we now live 230 miles from Edmonds made no difference to the District official who signed the order. There is no judicial review of a no trespass order; once you are under one you will remain there for a year with NO legal recourse. Nice. The District is using it as a threat to us and a warning to any other staff who may want to contact us. Our "sin" was that we attempted to remain engaged with District officials to see that the right thing was done-that the adult bullies be identified and retrained, that the safe schools we are supposed to be maintaining existed, and that known bullies not be hired or promoted. Folks, this isn't Perry Mason or even Law and Order. Once you get into this kind of legal quicksand with a much more powerful (and seemingly vindictive) opponent, it's very difficult to find someone to help while still trying to go on with your life.

This is not a problem that is limited to Edmonds; it is an education industry issue. There is a self published book by a teacher in San Diego who describes how her school, a Blue Ribbon School under California standards, was destroyed by a principal who spent more time bullying teachers than administering her school. She is suing for workman's comp benefits she claims as a result of her treatment. This sad story includes a school volunteer who was so upset by the way the teachers were being treated that he committed suicide.

Bullying and suicide. Columbine, Virginia Tech. Just last week in Finland a bullied student killed eight and then himself. When my husband approached District officials after Virginia Tech to again warn that if bullying weren't addressed, it could be Edmonds at the top of the news, they took it as a personal threat and used that as part of the excuse to issue the no trespass order against BOTH of us. As one of our former colleagues said to us when they called to tell us of the special MMS faculty meeting June 1, 2007 at which we were labeled a "threat" to the faculty and students of MMS, "They're really afraid of you guys. We're not even supposed to talk to you." Indeed. That's the goal. If they can keep us isolated, they can maintain their power.

Is this the type of administration you want running your school district?

Chris Reuther

12 comments:

Anonymous said...

This is not the kind of Administration I am interested in supporting through my tax dollars; your article was well written.
I was "bullied" by the District, and forced into early retirement and am having difficulty financially; had to sell my home, and must file a complaint before December 31, 2007. The ESD Weblog is awesome; thanks to Mark.

Anonymous said...

Thank you for sharing your story. I have seen the bullying and harrassment at the district office, but was not aware of the amount going on in the schools, too. Even with representation? I have heard some complaints that the WEA business rep is in bed with the district. Do you think it's true?

Mark - I think an interesting public records request would be to find out how much the district has paid out in hush money. That is, dollars paid to employees to make them just go away. I can think of at least four principals in the last five years.

Anonymous said...

Exercise your legal options. Perhaps when the public understands that their tax dollars are going to clean up administrative messes rather than the classroom, the administration might see it to their advantage to take the proper course. Better late than never.

Anonymous said...

I think you're being overdramatic. "Bullying" applies to kids, the term you should be using for the workplace is harassment, which actually has a legal definition. Being confronted on your work product and conduct is management, not bullying. Cite specifics if you want to be taken seriously, please.

Anonymous said...

To 11161214
Your dictionary differs from mine. How did you know that persons situation if they were so ambiguous? "Bullying" discriminates against none. Open a F@^&&$! book.

Anonymous said...

Funny. Nobody EVER confronted me on my work product OR my conduct. Had they been substandard, I would have welcomed constructive suggestions. I was targeted by a cabal that included administrators, office personnel and fellow teachers. The effect was chilling to the rest of the faculty. Sorta like Krystalnacht to European Jews in 1938. Now THAT is hyperbole or "overdramatic" if you will, but perhaps you've not been the target of daily abuse from multiple offenders. Perhaps you think it can never happen to you. Think again. In this District, you serve at the pleasure of the administration.
Folks, there are law firms that hire out their services to school districts to use all "legal" means to move undesirable employees along. The "Letter of Direction" is one, bullying is another. Go to www.bullyonline.org for a complete accounting of the ways that management can bully staff. It's a lot more complex than being pushed to the ground on the playground. There is also a lot of research out there on who bullies and why. Robert Sutton (Stanford Business School), if memory serves, has several excellent books out on the subject. It's worth everyone's time to be aware of the extent of the problem.

Bullying is only "harassment" when it involves a legally protected class-race, age, sexual orientation, etc. Teachers are not legally protected, unless you can prove that the bullying is based on a protected class (which is a hard case to prove legally-rarely does the boss say "I'm going to bully So-and-so because they are [fill in the protected class])." Teachers (or anybody else, really) can therefore be "bullied" with impunity.

It's really a great racket; bully somebody until they have had enough and they either go away or they become insubordinate because of the "treatment." Then you get to point at them and say "Oh, you are being insubordinate, we're going to fire you."

And imagine the WEA Uniserv Rep bringing you the "settlement agreement" and telling you "This is the best offer you are going to get." This is a big clue that he's not on YOUR side and doesn't give a rip about the abuse that you've endured for the past three years.

Don't dismiss this. The "settlement agreements" come with a clause that doesn't allow you to say anything bad about the District FOREVER. Another great reason to bully someone-you get to keep them from telling SPECIFICS about their treatment.

We all just got into the wrong business because we thought we were here to help people, not push them around.

Anonymous said...

Bullying and harassment are separate issues but one could be contained within the other. Unfortunately both occur at two levels in the District. One at our schools between students, the other at all locations between staff and management/administration who abuse their power and position. While the students may be expelled the m/a are promoted. Cite examples? I'm afraid that being specific would identify me and I am not ready to end up like the former employee who commented at the top of this page.

Anonymous said...

Didn't the MMS principal also have to leave? I wonder how many $$ he got to "go away".

Anonymous said...

I would like to be more specific in my departure from the ESD, but must be cautious because of legalities. I am describing just one example, as this has to do with MONEY. A certain
Principal was "shuffled" out of the District to another District; (I was not aware of any of this); the Principal's words to me were, "I hope you are happy, I am leaving the District". This comment came out of no where and I was taken back by this comment. Soon after, a new Principal was hired; there was little communication. Shortly thereafter, I was instructed to transfer ASB monies into the General Fund. I questioned this as ASB monies belong to students, and I didn't know if this was legal. This is where "Manny" came into the picture. I hesitate to go on, but this is a good example of the schemes that go on in the District; I am certain Manny was acting under the direction of Ms. Miller, as he does what he is told and is often the person doing the "dirty work" while Ms. Miller just sits back and smiles at everyone she is stabbing in the back. My departure from the District tore my heart out. I am contacted by former students; with invitations to weddings, baby showers, etc. I will never forget the kids I may have touched in some way.

Anonymous said...

I would like to be more specific in my departure from the ESD, but must be cautious because of legalities. A certain
Principal was "shuffled" out of the District to another District; (I was not aware of any of this); the Principal's words to me were, "I hope you are happy, I am leaving the District". This comment came out of no where and I was taken back by this comment. Soon after, a new Principal was hired; there was little communication. Shortly thereafter, I was instructed to transfer ASB monies into the General Fund. I questioned this as ASB monies belong to students, and I didn't know if this was legal. This is where "Manny" came into the picture. I hesitate to go on, but this is a good example of the schemes that go on in the District; I am certain Manny was acting under the direction of Ms. Miller, as he does what he is told and is often the person doing the "dirty work" while Ms. Miller just sits back and smiles at everyone she is stabbing in the back. My departure from the District tore my heart out. I am contacted by former students; with invitations to weddings, baby showers, etc. I will never forget the kids I may have touched in some way.

Anonymous said...

Don't know about any $$ going to the MMS principal. He was "granted" a years' "leave of absence" (unpaid, one would assume, but who knows?), reappeared a year later, and was put up for a promotion to head the Teaching and Learning department. Don't know how many applied for the position, but it's amazing that he was considered as one of the top three finalists. Didn't get it. Maybe they were playing him, too. Wouldn't surprise me.

Anonymous said...

The state law on bullying is weak. Educators are to "model appropriate behavior." How many of you a familiar with the movie/concept "Pay It Forward"? There is a Liberty Mutual commercial on TV that shows the same idea: if you help someone, others will see it and they will be encouraged to help others, too. The opposite is true as well; if students see bad behavior, guess what gets "paid forward?" Bullying, the gift that keeps on giving.

If student bullying goes up when adult bullying goes up, who is at fault: the adult or the students? A school district can spend its very last dollar on anti-bullying programs, but if the adults are the bullies, that money just goes down the drain. You can't tell kids to "do as I say not as I do." That is not "modeling appropriate behavior." It is not following even the weak law that is on the books.