Friday, February 27, 2015

Million dollar lawsuit filed against Joplin R-8 School District


Less than a week before the Joplin R-8 School District settled a sexual harassment lawsuit, it was already facing another one.

A million dollar lawsuit filed February 10 in Jasper County Circuit Court claims Kathy Dukes reported to human resources director Tina Smith (pictured) that her supervisor, Herbie Coleman Jr., was sexually harassing and stalking her.

Six days later, Smith took decisive action, placing the alleged victim, Dukes, on paid administrative leave.

A month later, despite a notice that said Dukes' complaint had been confirmed, Smith pressured Dukes into quitting, holding the threat of a bad job reference over her head.

Smith and Superintendent C. J. Huff signed a document (shown to the left) in which Dukes swore not to sue for sexual harassment in return for a "neutral job reference" and four weeks of severance pay.

Dukes, a utility worker, and Coleman, her supervisor, "began a relationship as a result of an indication by Mr. Coleman that he was separated from his wife and was going through a divorce," according to the petition.

Dukes discovered that Coleman was not getting divorced, so she ended the relationship and asked Coleman "not to communicate with her outside of work.

After the relationship ended, Dukes said, she "began to suffer from multiple incidents of stalking and harassment at the hands of Herbie Coleman where he would stalk her after hours and harass her while at work about who she was with and where she had been after working hours,:

Dukes claims that Coleman went "as far as harassing her present boyfriend by sending him letters with false negative information about the plaintiff in an effort to break up the relationship between the plaintiff and her present boyfriend."

After a fellow employee told her she should talk to someone about the harassment, Dukes scheduled an appointment with Smith on December 13, 2013.

During that interview, Dukes told her story and played recordings of the harassing calls from Coleman, according to the petition. Smith said she would begin an investigation.

Six days later, Dukes was placed on administrative leave for allegations of misconduct.

On Monday, January 13, 2014, during what is described as an "uncomfortable meeting" between Smith and Dukes, "Ms. Smith, by way of pressure and coercion, talked Ms. Dukes into signing a mutual separation agreement and release."

During the meeting, Smith asked Dukes if she had looked for work and "don't you think it would be best if you found another place to work," adding "no one wants to work with you any more."

Smith also gave Dukes a letter in which she said her investigation indicated Coleman had violated board policy. "An investigation of the grievance has been completed and the district finds adequate substantiation exists to support an infraction of board policy.

"At Joplin Schools, we are committed to providing a learning and working environment that is free from harassment and discrimination. All participants in the educational process are expected to follow policies and administrative procedures of the district. Subsequently, the district has responded with the appropriate actionable measures."

Dukes signed the "mutual separation agreement" in which she "hereby releases and forever discharges the Joplin Schools Board of Education, its employees, its affiliates and subsidiaries, together with their respective directors, officers, agents, employees, and board of director, from any and all claims or other causes of action she may have against them relating to or arising out of Doris Kathrine Dukes' employment with Schol, including, but not limited to any claim of sexual harassment, or hostile work environment, or retaliation related to filing sexual harassment complaints, or any other cause of action related to her employment or her separation of employment, Missouri Statutes or Federal Constitution.

"The Joplin Schools hereby agrees to accept her resignation and will provide a neutral letter of reference consistent with policy. As and for additional consideration, the Joplin Schools shall pay the amount of $2,820.80 representing four weeks' pay less all required withholdings.

"As and for additional consideration herein, Doris Kathrine Dukes, hereby voluntarily resigns from her employment with the Joplin Schools, effective this date, January 14, 2014."

Count I of the lawsuit alleges wrongful discharge and violation of public policy and asks for $1 million in punitive damages.

Dukes, who is represented by William G. Weber of the Evenson, Carlin, Cooper, and Weber LLC firm in Pineville, is asking for a jury trial.

In the district's response to the lawsuit, lawyer Karl Blanchard asks that the lawsuit be dismissed because it "fails to state a cause of action" on which either relief or pnnitive damages can be awarded.

If the lawsuit is not dismissed, Blanchard says, the district is asking permission to have all of Dukes' last 20 years of work records provided.

Earlier this week, Judge David Dally officially dismissed another lawsuit in which former custodial supervisor George Morris, who said he had been sexually harassed by buildings project director Mike Johnson, was fired. The amount the district had to pay to settle the lawsuit has not been revealed.

34 comments:

Anonymous said...

This is shameful. CJ is a disgrace to the district. I suppose the board will continue to support him though. Probably give him a big old raise. Suzanne Sharp, this is on you, as well as the other board members who keep covering for this man. I hope you're proud now. The rest of us are appalled.

Anonymous said...

And they wonder why staff morale is low and no one trusts central office. Surely that weekly eagle award makes up for this kind of thing.

Anonymous said...

When did R8 start giving severance packages to people who resign? Other than Besendorfer, that is, but they wanted her out of town ASAP. This is not business as usual. Generally, they threaten to ruin your reputation if you don't cooperate and have you escorted to your car.

Anonymous said...

Well, there goes my raise for next year...Once again, CJ and Tina will be the only people in R8 to get a raise. They have to stay competitive, you know, according to their brilliant board. Otherwise some other district might snap up all this talent. It really does take talent to destroy a successful school district in just a few years.

Anonymous said...

Ooops?

Anonymous said...

That sounds about right for C.J. and Tina...blame and try to ruin the victim and the perpetrator is probably still employed. What a great place to work!

Anonymous said...

I must ask again. How many teachers have left the school district since the tornado? We are becoming the laughing stock of the region.

Anonymous said...

Unbelievable. Hey, Ms. Sharp, hope you're proud of keeping these people in charge. We will remember this in April, and your expensive little PR group won't be able to smooth this over.

Anonymous said...

Deja vu... I know that when I reported repeated sexual harassment and uninvited physical touch, I was forced to resign or Admin would not give me a recommendation, and they would publicly humiliate me as they went after my teaching certificate. I had plenty of moral support from 11 colleagues as I walked in the principals office at JHS, but when I asked for written support, or for all of us to stand together....one is the loneliest number. The others valued their job at JHS more than standing up for themselves. Maybe I do not fully understand the definition or parameter of sexual harassment.... One example is.... An ink pen was left in my chair with a note that read.... "In my dream last night, you liked toys." That is just one example.

Anonymous said...

She looks like a real snooty B

Anonymous said...

R8 is the most demoralizing place around to work. I cannot wait to get out. Not surprised that 6:05 didn't get any support. Even if anyone wanted to help her Central Office would stop it. They control EVERYTHING. Badly. I'm sorry for you, 6:05. I think there are a lot of us around who have been mistreated by admin or coworkers. I'm done with it all. This year was the last straw for me. Anything would be better than this. I would feel sorry for the kids, but R8 has taught them not to care about being educated.

Anonymous said...

I'd like to know how many of these cases there have been, most not being reported, I'm sure. Who did the investigation? Tina? Jason Cravens? Either way, no one is getting any help. Tina is a bulldog in expensive clothes and Cravens is CJ's lapdog. Never trust any of them.

Anonymous said...

Herbie "Pete" was later let go. He had been with the District over twenty years, and had been grandfathered in, precluding him from having to have at least a GED. He is a very nice guy, but his lack of intellect kept him from advancement until Mike Johnson hand picked him as a potential scapegoat. When rapidly promoted to Johnson's right hand man, Pete was repeatedly cautioned by co-workers about his daily habit of picking various young female busdrivers and aides to ride around with him all day. He felt Johnson would protect him with his cloak of invincibility. In fact Johnson turned a blind eye for years to Pete's indiscretion.
It must have been uncomfortable for Tina Smith when this behavior inevitably blew up in the District's face. She had a prior relationship with Pete which included his painting her house while on R8 time. In typical fashion, the BOE backed CJ, and CJ backed Smith, however, they ultimately cut loose the least among them...sorry Petey....you got to go.

Anonymous said...

FYI
1. There are certain legal rigjts that one cannot sign away.
2. An agreement attained through coercion (whether threat or inducement) is invalid.

Anonymous said...

Sharp does not have a PR/image problem.
Her problem is one of substance.
Once everyone knows the fast food place is selling turd burgers, no amount of media manipulation is going to help.

Anonymous said...

6:25
I wonder what kind of severance package he got? Is this the guy that Tina used work hours for while she arranged for him to paint her house? She really has no ethics. And MSSU wants her husband as VP? If they carry that through, my donations will cease. It's bad enough having one of them in town. We don't need both. Spiteful and cold hearted. Like all the women CJ picks to work close to him.

Anonymous said...

Gosh, Banwart, I'm so glad you voted to keep this bunch of scum around for another year. I hope you reflect on that and MJ the next time you go to mass. Confession is where you should head. Hypocrite. Protecting and promoting this group at the cost of your community is unforgivable. I'll think about that when I see you there. Or your pet MJ.

Anonymous said...

His severance package was "sucks to be you."
After all he was not part of the inner circle, just an unwitting tool.

Anonymous said...

Coercion is still a crime, isn't it? Seems like it is. Ought to be. Proving once again that R8 is the lowest place around. Good job, Tina! You're consistent, if nothing else.

Anonymous said...

The best part of this? CJ's signature at the bottom. He can't claim he was unaware of this situation.

How many cases does this make? I've lost track. Even one should be enough to raise eyebrows. R8 has had many. And yet, the Board keeps this crew on. I wonder what they think their job is? It isn't to be the cheerleader, no matter what Anne Sharp believes.

Anonymous said...

It seems many are now questioning activities involving the r-8 and the city as well. I hope people in this anti-union area of the country realize that having unions in these cases would allow greater access to information. It is not all about more money and beating people up as they would have you believe. There is a reason that wealthy folks are paying billions to silent only 10% of the work force.

Anonymous said...

"The amount the district had to pay to settle the lawsuit has not been revealed."

Randy, have you looked into a FOIA or Sunshine request to the district's insurance company? That's how a KC TV station found out how much a wrongful death case against Blue Springs school district settled a few years ago.

Anonymous said...

My guess is her good looks have taken her very far.

Anonymous said...

I feel that Joplin R-8 is horrible with effectively neutralizing sexual harassment anyhow. I have personally witnessed instances among the high school teenagers that are easily against school policy and yet they do nothing in return to the problem. My point is that this problem is not just among teachers, Joplin R-8 is horrible with bullying around their own teachers as well as their own students. I will never put my children into that kind of environment. I'm not an over protective mother, however school is a safe haven for a lot of kids furthermore how do we expect them to feel safe if the administration itself will not fix the problems at hand.

Anonymous said...

Doesn't surprise me in the least. This past 2014-2015 school year I applied for a couple of the English positions. I was turned down due to "lack of experience." At my current job several of us new teachers got together and shared the same experience. A teacher who had 20 years of experience teaching AP HS English was told she didn't have enough experience, same story from two coaches. Guess what else we all had in common??? We were all what Joplin considered "over weight" and not the "image" Joplin wanted to portray to the community. LOL What a joke! I was upset for weeks that I was turned down for a job that I really wanted. Now I know God had a bigger plan for me and my family. My "fatness" would have been a better image than the one CJ, Tina, and Ms. Sharp have shown the area.

Anonymous said...

Have you seen CJ in profile?

Anonymous said...

@12:34

Got to call BS on that one. After checking with my friends at the high school, this is what I learned. The English candidates were interviewed by a panel of teachers and an administrator (female, so it had to be Cantwell). The teachers were one male and 2-3 females of various ages, heights, weights.... No one was interviewed that matches your self-description, or maybe you just didn't make it that far. There are plenty of things to say about R8, but don't be making crap up. If you weren't hired, just looking around that group, it wasn't because you weren't pretty enough or were too inexperienced. That department has people of both genders and all sizes and ages. Perhaps it was your attitude. But hey, they appreciated the laugh they got when I told them about your remark, so maybe it wasn't in vain after all.

Anonymous said...

The Districts stance on sexual harassment is a joke. I know of a handful of people who have filed complaints! Nothing was ever done! Always by some folks who are buddies with the higher ups to. It's very sad the state of this District!

Anonymous said...

8:21 you are right unions are the answer. Just like they helped gas prices rise 21% in the last month. Just like they helped all of the bankrupt municipalities stuck with outrageous pensions. Just like they helped the automakers. Teachers unions spent $24.9 Million last year on politics, take that money and give it back to the teachers or schools. Unions overall spent 1.7 Billion in 2011 and 2012 on politics. They could have hired an additional 21,000 people for 2 years at $20.00 an hour with that money. Unions are the multi billion dollar political machine. 6 of the top 10 political contributors are unions.

Anonymous said...

5:01PM

Not one penny of that would be necessary if corporations and wealthy individuals did not tilt elections.

This is true at every level.

Anonymous said...

Ummmm corporations and wealthy individuals wouldn't have to spend money to "tilt" elections if unions didn't tilt elections?

Surely you have a better excuse than they do it so we have to do it.

Term limits and very low contribution limits are the beginning of a fix. Republican or democrat they don't give a #%^% about any of us.

Anonymous said...

Agreed. But until campaign finance reform, we are stuck with both.

Anonymous said...

My original point was unions are rarely the answer to a problem and definitely not the answer to the R-8 board issues.

Anonymous said...

Anyone know why the week after spring break she is in sunny Florida at Cardinals spring training? Hmmmm...