JCPS, former employee reach $400,000 settlement

Lawsuit alleged discrimination based on retaliation, gender

Jefferson City Public Schools (JCPS)
Jefferson City Public Schools (JCPS)

Jefferson City Public Schools has reached a settlement in one of two lawsuits filed against the district in Cole County Circuit Court.

The copy of the settlement shared Friday night with the News Tribune shows that a settlement was reached between Gretchen Guitard, JCPS, Superintendent Larry Linthacum and the district's chief financial and operating officer Jason Hoffman.

Guitard's lawsuit was one of two filed within the past year that allege the district and some of its officials discriminated against her and another female staff member - Tammy Ferry - based on retaliation and gender, which created a hostile work environment that prevented them from performing their duties, and left them feeling unwelcome, singled-out and intimidated.

The copy of the settlement states that "the parties hereby agree to resolve all matters arising out of Guitard's employment-related claims against JCPS" in her suit. The settlement would have JCPS pay out $400,000 to settle all claims - $250,000 to Guitard herself from JCPS; another $45,000 to Guitard from JCPS' insurer; and $105,000 from JCPS' insurer to Popham Law Firm, P.C. for representing Guitard.

Payment would be made within 20 days of Guitard's execution of the agreement. Her signature is dated March 14, when the settlement was notarized in Cole County. JCPS Board of Education President Steve Bruce's signature is dated April 2, notarized in Callaway County.

Guitard would agree to dismiss her suit in exchange for the money.

A dismissal with prejudice was filed Wednesday in the Cole County court in the suit.

A dismissal with prejudice "bars the assertion of the same cause of action or claim against the same party," according to Missouri civil procedure rules.

The settlement agreement states that "the parties agree JCPS will file a joint stipulated dismissal with prejudice" within 15 business days following the full execution of the settlement agreement.

Guitard was the district's director of curriculum and staff services, and had been employed with JCPS since 2006. She left the district at the end of the 2016-17 school year to become the superintendent of the Jamestown C-1 School District, and her position no longer exists.

Her and Ferry's suits arose in the aftermath of the Karen Ray trial in May 2016. In that sex and age discrimination case, a jury awarded Ray - the former Jefferson City High School journalism teacher - $225,000 in punitive damages, plus attorneys' fees and $24,000 in damages for a hostile work environment that forced her to leave the district.

Guitard's suit alleged she "suffered continual attacks on her job performance, lack of support for secretarial help, and continued harassment, bullying and discrimination" from the district, specifically Linthacum and Hoffman.

She felt the issues arose as retaliation against her for opposing discrimination in the workplace, for her association with Ferry and others involved in the Ray trial and for filing discrimination complaints with the Missouri Human Rights Commission.

The district had sued the state's Human Rights Commission last year to try to force the commission to take back its permission granted to Guitard and Ferry to sue.

The district voluntarily dismissed its suits against the commission in September.

Guitard and Ferry's suits did not show any activity in court records since last October, until the filing for dismissal with prejudice in Guitard's case Wednesday.

Counsel for the two women could not be reached Friday - Dennis Egan of Popham represents them both. The district is represented in the suits by Schreimann, Rackers & Francka, LLC.

Guitard herself also could not be immediately reached Friday.

"We believe in transparency and respect the judicial process. However, our attorney advises me not to discuss litigation," Linthacum told the News Tribune.

A judge had not yet signed off on the dismissal.

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