A former principal in the Osage County R-2 School District in Linn has filed a lawsuit against the Board of Education, asking they reverse the decision to fire her.
Lorie Winslow was a principal at Linn middle and high school before May 18, when the Osage County R-2 Board of Education voted to immediately terminate Winslow's employment, according to the lawsuit petition submitted by Winslow's attorney, David Moen.
Superintendent Dena Smith issued a statement of charges Monday seeking to fire Winslow, claiming she had violated Board Policy 4630 and 4860.
Board Policy 4630 requires all employees review and comply with board policies, regulations and procedures, and building rules and practices. It also requires employees comply with administrative directives, maintain required records and submit requested reports in a timely manner.
Board Policy 4860 states "the personnel files of an individual employee will be considered confidential to the extent allowed by law. Access to personnel files will be on a strict need-to-know basis by appropriate district administrators, legal counsel or state agencies with authority."
Moen, Winslow's attorney, said a teacher appeared to be sick and told people she may have been exposed to COVID-19 and needed to be tested. She was in several buildings in the school district for two days after the schools closed due to the COVID-19 pandemic, and her fiance tested positive for the virus, he said.
The statement of charges says Winslow told a staff member this teacher's family member had tested positive for COVID-19. About one day later, it says, the teacher attempted to call Smith to discuss her fiance's COVID-19 test results, but she accidentally dialed Winslow's extension.
During the call, a teacher heard Winslow's part of the conversation, and Winslow confirmed to her the identity of the teacher and that her family member's test results were positive, it states.
Smith also alleges Winslow told Principal Tim Bower about the staff member before she discussed it with Smith. Bower was not aware of the situation.
After Bower discussed the matter with Smith, Smith called Winslow and Winslow confirmed the teacher was in her office and confirmed the teacher's identity, according to the statement of charges.
Moen said Winslow expressed her concerns to Smith, saying people who were in the buildings needed to be aware they may have been exposed to the virus.
Smith then told Winslow not to tell anybody about anything related to the issue, according to the statement by Winslow's attorney. Moen said Winslow only told the board members after Smith said this.
"The superintendent didn't want to tell anybody, and so Winslow went to two board members, talked to them about it to persuade them to put pressure on the superintendent to make some kind of public notice," Moen said.
Moen argues it was unlawful for Smith to try to punish Winslow for speaking to the board members.
"It was a serious health and safety concern, and Winslow risked her job to blow the whistle," Moen said.
The school board and Smith released a public notice on Facebook and emailed staff explaining that a staff member's family member had tested positive for COVID-19 to ensure staff were taking precautionary measures such as washing hands and self-quarantining when sick. It did not disclose identifying details about the staff member.
After the information was made public, Winslow contacted another staff member about it. Smith alleged Winslow confirmed the identity of the teacher in a text message, then the teacher told two other teachers. Moen said it is unclear whether Winslow confirmed the person's identity.
Moen argued this conversation is protected by the First Amendment, and firing her over it is violating her constitutional right, he said.
Smith also alleged Winslow turned in a teacher evaluation one day late, which was true, Moen said. The statement of allegations says the teacher must meet with Winslow to review it and that Winslow lied about meeting with the teacher. It states that she did not meet with the teacher until two days after she submitted the evaluation.
A contested case hearing, requested by Winslow, was conducted by the board May 14, where Winslow argued Smith had "retaliated against her by filing the statement of charges" against Winslow "because she expressed her concerns to board members" about the health and safety issues, according to the petition.
It was a closed hearing to protect the privacy of the teacher. A transcript with redacted information eventually will be released to the public, Moen said.
The board concluded Winslow had "willfully and repeatedly violated board policy," specifically finding "that the superintendent did not retaliate against" her, according to court documents.
Winslow appealed the decision, claiming the board had retaliated against her and that she did not willfully or persistently violate the policies.
Winslow's petition contends the board violated its own policies, as well as denying her equal protection under Missouri and U.S. law. She also alleges the board exceeded its authority and illegally dismissed her without a fair hearing.
Winslow is seeking reversal of the board's decision, as well as her attorney fees and "such other relief as the court deems just and proper," according to the petition.
Smith declined to comment to the News Tribune, stating she and the school district's attorney wouldn't be able to share much as it is a personnel matter. The school district's attorney was unavailable for comment.
In 2012, Winslow contested her removal from an administrative position in the Blair Oaks School District, where she worked for 11 years.
In February 2012, the Blair Oaks Board of Education voted not to renew Winslow's employment contract as the Blair Oaks Elementary principal, saying she had not conducted all of the teacher evaluations required in her contract. She appealed the decision, and the board unanimously reaffirmed its decision after a daylong hearing in March 2012.
In early April 2012, the school board released a report saying it would not offer her a contract. The board found Winslow "had not been consistently completing the required evaluations for her teaching staff since at least the 2002-03 school year."
The report stated Winslow's contract required her to perform all duties incumbent upon her as elementary principal and that her job description includes her being "responsible for evaluating the performance of teachers and maintaining a file on each teacher in accordance with current board policy."