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Uncooperative Behavior, Unprofessional Conduct, and Failure to Follow Protocol Are Non-Discriminatory Reasons for Nonrenewal

In the case of Williams v. Trotwood Madison City Schools, 6th Cir. No. 18-3848, 2019 U.S. App. LEXIS 14707 (May 16, 2019), the United States Sixth Circuit Court of Appeals held that a public school board successfully demonstrated non-discriminatory reasons for the nonrenewal of an intervention specialist to defeat a retaliation charges.

In this case, an intervention specialist claimed that the intervention specialist was non-renewed by a school board in retaliation for the intervention specialist asserting that there were inadequate special needs services for students in the school district. The school board denied the intervention specialist’s claim and, instead, stated that the intervention specialist was non-renewed because the intervention specialist demonstrated “uncooperative behavior, unprofessional conduct, and a failure to follow protocol.” Williams * 5. In response, the intervention specialist argued that the school board’s reasons were simply pretextual – i.e., were not the real reason – and the intervention specialist provided no evidence to prove otherwise. As a result, Sixth Circuit held that the school board provided sufficient non-discriminatory reasons for nonrenewal of the intervention specialist and the intervention specialist failed to provide any evidence to the contrary.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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