ECS Superintendent apologizes to teacher

“The intent was not to cause embarrassment to Mrs. Dean and if this was done in error, we apologize.”

With those words from Enterprise City School’s Superintendent Dr. Camille Wright at the Enterprise Board of Education meeting May 24, a 16-month ordeal for an Enterprise elementary school teacher was given some closure.

“It can never satisfy all the hurt and the damage that was done,” said Harrand Creek Elementary School third grade teacher Sonya Dean following Wright’s public apology. “But at this point, I am ready to move on.”

The public apology came on the heels of a March 2016 court order from Coffee County Circuit Judge Shannon Clark telling the EBOE and Wright to “reach a settlement agreement” with Dean who was suing them for wrongful suspension without pay.

Clark ruled March 8 that Wright and BOE members Gloria Jones, Bert Barr, Ross Cotter, Dorothy Richardson and former BOE member Doug Vickers are “ordered and adjudged” to settle the case with Dean.

The decision came 13 months after Clark took the EBOE and school superintendent’s request to dismiss the lawsuit against them under advisement.

In her lawsuit, Dean said that her rights were violated under Alabama law in connection with a 20-day suspension during the 2014 school year. She says she was wrongly suspended without pay from Oct. 22 through Nov. 19, 2014 and that her suspension caused her to lose $5,494.20 in pay.

At a Feb. 26, 2015, hearing, an attorney representing Wright told the court that the superintendent should be dismissed from the lawsuit because she simply made a recommendation to the board and that the board acted on their own volition.

The BOE attorney said that the board, acting in their official capacity, had “immunity” from being sued. Clark’s ruling said, “The defendants’ immunity defense is inapplicable under the circumstances.”

Acknowledging that the state constitution provides “absolute immunity to agencies of the state,” Clark noted, “exceptions are recognized when a state agent acts in bad faith or with malice or willfulness or under a mistaken interpretation of the law.”

The lawsuit cited an Oct. 8, 2014 meeting during which Dean and her attorney, Carmen Howell of Enterprise, met with Wright, then BOE Director of Personnel Dr. Irma Townsend, BOE attorney Merrill Shirley and Harrand Creek Elementary School Principal Ronnie Retherford.

The purpose of the meeting, according to the lawsuit, was to inform Dean of Wright’s recommendation to the BOE regarding allegations against Dean by both Harrand Creek School Custodian Eric Brown and a man who is the father of the child who was alleged to have been struck by Dean.

The two men alleged that Dean struck the child on the neck during a classroom test. The student was asleep at her desk during the time she was supposed to be taking the test, according to the lawsuit.

After a municipal court hearing before Judge Joey Gallo Dec. 2, 2014, Dean was acquitted of a harassment charge brought by the child’s father connected to the same case.

Prior to being acquitted in municipal court, Dean had requested a hearing before the board following her written notification of the suspension, according to a statement read by Wright during an EBOE meeting in 2015.

“Board, before you, you have the information regarding the proposed suspension of an employee,”
 said Wright, reading a written statement. “At this time, I recommend that Miss Sonya Dean, teacher at Harrand Creek Elementary School, be suspended for 20 work days without pay for the following reason: Ms. Dean struck a child on the back of the neck on Sept. 24, 2014, which is in violation of her performance duties to establish and maintain a positive and safe learning environment and to act in a professional manner.”

Dothan attorney Thomas Brantley, who represented Dean at the meeting, interrupted Wright in the reading of her statement.

“Stop—stop– this is not supposed to be in public,” he interjected while Wright continued reading her statement. “We object to that,” he added as BOE attorney Merrill Shirley admonished him to sit down.

“I’ll hush but this is improper,” Brantley continued. “I think she (Wright) could go through that without bringing up the details— which are not true anyway.”

“That remains to be seen,” replied Shirley.

In her suit, Dean asked the court to order restitution in the form of the pay lost during the 20-day suspension and to order Wright to issue a public apology to Dean.

“The mediation conference shall commence within 60 days from the date of this order unless the parties and the mediator mutually agree on a different time,” according to Clark’s order.

“Members of the board, I request that a motion be made to approve authorizing President Barr to execute, on behalf of the board, a settlement agreement and release of all claims of Sonya Dean against the board to allow a compromise settlement of these disputed claims and dismissal of pending litigation,” Wright said following an executive session during the EBOE meeting Tuesday, May 24.

Cotter made the motion that Richardson seconded and the board unanimously approved.

“At the Oct. 21, 2014 board meeting, a recommendation was made to suspend Sonya Dean. The allegations that gave rise to this recommendation and Ms. Dean’s name were read in an open session in an effort to comply with the open meetings or Sunshine Act,” said Wright, reading from a written statement May 24. “The intent was not to cause embarrassment to Mrs. Dean and if this was done in error, we apologize.”

“I think we got something that they didn’t want to give,” said Brantley, following the May 24 meeting. “We appeared strong on our legal issues and forced them to apologize to her and to compensate her with some of the money back that they took from her.

“I would call this a win-win situation for Ms. Dean because she not only won here, she won in the criminal case, which was dismissed—I think she can hold her head up now and walk forward.”

Walk forward is exactly what she intends to do, Dean said after the meeting. “First I want to thank God for carrying me through this nightmare,” she said. “Next I have to thank my husband and entire family for their love and support. They were my rock on so many occasions.”

Dean said the support “and the covering with prayer” of her family, church, co-workers and friends was overwhelming. “I heard from people across the city, state and even surrounding states that supported my fight to clear my name both personally and professionally,” she said.

Dean had high praise for Brantley, attorney Clint Daughtrey, attorney Carmen Howell and Alabama Education Association representative Elfriede Marsh, “who all believed in me and my case from day one.

“I am satisfied with the settlement and apology from the board. I feel vindicated and have peace knowing the board did not get away with their actions,” Dean said. “I can rest easy knowing I have successfully cleared my name both professionally and personally, as well as saved others from these same actions in the future.

“I was acquitted in my criminal case,” Dean said. “I do believe I have come out a stronger person on this. I am making a conscious decision to take the high road here and move on.

“I am thankful that my name has been cleared and I can move forward with my life,” Dean said. “I hope to serve as an example to others to never compromise your principals, to always believe in yourself and to surround yourself with individuals and organizations that believe in you.”