sibley lawsuit against portland public schools

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123

4567

IN THE CIRCUIT COURT OF THE STATE OF OREGON8FOR THE COUNTY OF MULTNOMAH9

10 STACEY SIBLEY,Plaintiff,11

v.12PORTLAND PUBLIC SCHOOLS,13

Defendant.1415

16171819 Plaintiff alleges:

Case No.COMPLAINT (ORS 654.062(5)(a) Retaliation;ORS 659A.203(1 )(b) Retaliation; ORS 659A.199Retaliation; Battery; Infliction of EmotionalDistress; Defamation; False Light)NOT SUBJECT TO MANDATORYARBITRATION

(Damages: $772,383)DEMAND FOR JURY TRIAL

21 Plaintiff Stacey Sibley ("Plaintiff"), is a resident of Oregon and an employee of Defendant22 Portland Public School District since 1993.23 2.24 Defendant Portland Public Schools ("PPS") is a political subdivision of the State of Oregon and25 a public body corporate. PPS provides educational services to students in a region confined within26 Multnomah County, Oregon.

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2 Plaintiff worked for PPS as a Special School principal within the Pioneer Program from 19993 through June 2009. The Pioneer Program serves students with severe behavioral problems, including4 students suffering from a variety of physical, educational and emotional disabilities. Plaintiff supervised5 the Pioneer Program's expansion from two classes at its inception to a program which included four6 separate schools which served approximately 470 students each year. During the 2008 - 20097 academic year, Plaintiff supervised five Assistant Principals and a staff of approximately 200 people.8 Plaintiff was responsible for providing a positive and safe educational environment for some of the9 PPS's most vulnerable students.

11 During the 2008 - 2009 academic year, Plaintiff reported to and was supervised by Joanne12 Mabbot, Director of Integrated Student Supports for PPS ("Mabbot"). During that academic year,13 Mabbot began making decisions regarding the staffing and administration of the Pioneer Program14 which caused Plaintiff to become concerned about student and staff safety at the Pioneer Program15 schools. When Plaintiff became aware of these decisions by Mabbot, Plaintiff promptly made Mabbot16 aware of her concerns regarding student and staff safety and the basis for those concerns. Mabbot17 repeatedly told Plaintiff that she would not take action to address those concerns and that Plaintiff18 needed to accept her decision.

20 On or about March 10, 2009, Plaintiff and her five assistant principals met with Acting PPS21 Human Resources Director Jollee Patterson ("Patterson") to express their concerns about Mabbot's22 decisions and the impact of those decisions on student and staff in the Pioneer Program. On April 3,23 2009, Plaintiff had a second meeting with Patterson and Assistant Executive Director Michelle Ridell24 regarding Plaintiff's concerns about Mabbot's decisions and the student and staff safety issues.25 6.26 Following Plaintiff's meetings with Patterson, Mabbot became increasingly hostile toward

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1 Plaintiff, excluding her from making decisions regarding the Pioneer Program. Mabbot continued to2 ignore Plaintiff's concerns about student and staff safety within the Pioneer Program.3 7.4 On May 6,2009, Mabbot approached Plaintiff in the public foyer of the Blanchard Education5 Service Center ("SESC"), the headquarters of PPS. In the presence of other PPS employees, Mabbot6 grabbed Plaintiff by the shoulders and turned her to face the center of the SESC foyer. In the7 presence of others employed by PPS, Mabbot told Plaintiff that Plaintiff was no longer necessary to8 the Pioneer Program and advised Plaintiff that she was being demoted.9 8.10 On or about July 1, 2009, Plaintiff was removed from her position as principal of the Pioneer11 Program and demoted to the position of Program Administrator. During July and August of 2009,12 Plaintiff was required to report to work at the central office but she was not provided any meaningful13 job responsibilities to occupy her time. Plaintiff's salary was frozen at the 2008 - 2009 level and14 Plaintiff was denied the salary increase Mabbot had agreed to at the beginning of the 2008 - 200915 academic year. Plaintiff was denied the opportunity to take continuing education classes although16 other similarly situated Portland Public School employees were permitted to take classes. In August17 of 2009, Plaintiff was placed on paid leave creating the false impression that she was being disciplined.18 9.19 On July 22, 2009, PPS's Senior Financial Analyst Annie Watt sent a defamatory email20 regarding Plaintiff to several PPS staff. The email falsely stated that Plaintiff had previously misused21 procurement cards issued to her by PPS.22 10.23 In August of 2009, Plaintiff was assigned to the position of Assistant Principal at Ockley Green24 Elementary School. Plaintiff served as Assistant Principal of Ockley Green Elementary School25 throughout the 2009 - 2010 academic year.26 1//

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2 In response to Plaintiff's efforts to be placed within PPS as a school principal, Plaintiff was told3 by PPS Superin tendent Carole Smith and Execut ive Director Ha.nk Harris that in Plaintiff's position as4 principal of the Pioneer Program, she was not a "real" principal. Since January of 2010, Plaintiff has5 applied for numerous positions within PPS for which she was qualified by her education and experience6 as a Special Schools Principal. PPS required her to submit to interviews and testing for those positions7 when other principals were not required to engage in such a process to verify their skills and abilities8 as a principal. Plaintiff was denied all of the positions for which she applied and for which she was9 qualified, and less highly quali'fied individuals were hired into those positions. Plaintiff was denied a10 transfer to a principal's position although other principals have been granted such transfers.11 12.12 On October 29,2009, Plaintiff sent timely tort claims notice to Carole Smith, the Superintendent13 of PPS as required by ORS 30.275.14 13.15 Since January 1 of 2010, the following acts of retaliation have been taken against Plaintiff by16 PPS:

17 Xavier Sotana, ("Sotana") PPS Chief Academic officer, responded to a parent's18 inquiry as to why Plaintiff was no longer with the Pioneer Program, and when the19 parent asked "did she hurt a child", Sotana responded, "W e can't talk about that; we20 are in litigation";21 PPS released false information that Plaintiff was difficult and hard to work with which22 resulted in Plaintiff being denied positions for which she had applied with other23 school districts;24 3. PPS described Plaintiff's role as the principal of the Pioneer Program schools by25 falsely stating that she was a "hybrid" and that she "did not concentrate on26 academics with her students";

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4. PPS administration denied that Plaintiff was a special school principal; and2 5. PPS alleged that Plaintiff gave out false diplomas at the Pioneer Program schools.

4 At all material times, Botana, Watt and Mabbot and the PPS employees who engaged in these5 acts of retaliation were acting in the scope of their employment. PPS is vicariously liable for the6 conduct of the PPS administrators and employees, including Botana, Watt and Mabbot under the7 Oregon Tort Claims Act, ORS 30.265(1).8 15.9 On March 10, 2010, Plaintiff and PPS entered into a Tolling Agreement by which PPS agreed10 that the statute of limitations, or any other defense based on lapse of time was suspended and tolled11 for the time period March 10, 2010 through and including the expiration date of the Tolling Agreement12 with respect to any claim or cause of action that might be brought by Plaintiff against PPS related to13 the allegations in the tort claims notice.14 16.15 As a result of the Tolling Agreement, the suspension of the Statute of Limitations remained in16 effect until May 13, 201 0 which was 14 days after Plaintiff gave written notice to PPS of her intent to17 terminate the suspension and tolling provisions of the Tolling Agreement. The period of March 10,18 2009 through May 13, 2010 is excluded from all computations of any limitations applicable to the tort19 claim.20 FIRST CLAIM FOR RELIEF21 ORS 654.062(5)(a) - Retaliation fo r Reporting Workplace Safety Concerns)22 17.23 Plaintiff realleges and incorporates paJagraphs 1 through 16 above.24 18.25 Plaintiff fulfilled her statutory obligation under DRS 654.062(1) by notifying PPS of the violations26 of laws, regulations, or standards pertaining to safety and health in the place of employment when the

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1 violation came to the knowledge of Plaintiff.2 19.3 PPS retaliated against Plaintiff by demoting her from her position as a special schools principal4 and by engaging in the other acts of retaliation described in paragraphs 6 through 13 above because5 Plaintiff opposed and complained about practices forbidden by DRS 654.015, in violation of ORS6 654.062(5).7 20D8 As a direct and proximate result of Defendant's wrongful conduct, Plaintiff has suffered9 economic damages and is entitled to an award of her lost income arising from Defendant's failure to10 pay Plaintiff at a full principal salary in the amount of $22,383.00, plus prejudgment interest in an11 amount to be determined at trial.12 21.13 As a further direct and proximate result of Defendant's wrongful conduct, Plaintiff has been14 subjected to humiliation and emotional distress entitling her to an award of non-economic damages15 in the amount of $250,000.00.16 SECOND CLAIM FOR RELIEF17 (ORS 659A.203(1 )(b)18 22D19 Plaintiff realleges and incorporates paragraphs 1 through 16, 20 and 21 above.20 23.21 PPS retaliated against Plaintiff because Plaintiff disclosed information that Plaintiff reasonably22 believed was evidence of a violation of federal or state law, rule or regulation by PPS or a substantial23 and specific danger to public health and safety resulting from an action of PPS, in violation of ORS24 659A.203.25 III26 III

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1 THIRD CLAIM FOR RELIEF2 (ORS 659A.199)3 24.4 Plaintiff realleges and incorporates paragraphs 1 through 16, 20 and 21 above.5 25.6 PPS retaliated against Plaintiff by demoting her from her position as a special schools principal7 and by engaging in the other acts of retaliation described in paragraph 6 through 13 above because8 Plaintiff reported information that she believed was evidence of a violation of a state law, rule or9 regulation.10 26.11 Plaintiff is further entitled to her reasonable attorneys fees and costs pursuant to ORS12 659A.885(3).13 FOURTH CLAIM FOR RELIEF14 (Battery)15 27.16 Plaintiff realleges and incorporates paragraphs 1 through 16 above.17 28.18 Mabbot intentionally subjected Plaintiff to offensive and unwanted contact as alleged in19 paragraph 7 above.20 29.21 As a direct and proximate result of Mabbot's offensive and unwanted contact, Plaintiff has been22 subjected to emotional distress and humiliation entitling her to an award of non-economic damages23 in the amount of $50,000.24 III25 III26 III

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1 FIFTH CLAIM FOR RELIEF2 (Intentional Infliction of Emotional Distress)

4 Plaintiff realleges and incorporates paragraphs 1 through 16 above.

6 Mabbot intended to inflict severe emotional distress or knew that severe emotional distress was7 substantially certain to result to Plaintiff 'from Mabbot's conduct.

9 Mabbot's conduct caused Plaintiff severe emotional distress.10 33.11 Mabbot's conduct constituted an extraordinary transgression of socially tolerable behavior12 based on social standards at the time of the events.13 34.14 As a result of Mabbot's conduct, Plaintiff has sustained emotional distress including mental15 suffering and mental anguish which has been substantial and enduring.16 35.17 As a further direct and proximate result of Defendant's wrongful conduct, Plaintiff is entitled to18 an award of non-economic damages in the amount of $250,000.19 SIXTH CLAIM FOR RELIEF20 (Defamation Per Se)21 36.22 Plaintiff realleges and incorporates paragraphs 1 through 16 above.23 37.24 By the email sent by Watt, PPS made and published a defamatory statement concerning25 Plaintiff. The email of July 22, 2009 was false and defamatory per se because it represented that26 Plaintiff had misused procurement cards issued to her by PPS.

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1

2 As a direct and proximate result of Defendant's wrongful conduct, Plaintiff is entitled to non3 economic damages for the injury to Plaintiff's personal and professional reputation and is further4 entitled to damages for humiliation, emotional harm and erTlbarrassment, in the amount of5 $250,000.00.6 SEVENTH CLAIM FOR RELIEF7 (False Light)8 39.9 Plaintiff realleges and incorporates paragraphs 1 through 16 above.

10 40.

11 During a Pioneer Program parents meeting, PPS employee Sotana, while acting in the course12 and scope of his employment, responded to parent questions regarding Plaintiff's absence from the13 Pioneer Program. A parent commented that Plaintiff must have done something really wrong to not14 be at the Pioneer Program and asked if Plaintiff had hurt a child. Sotana responded with the15 statement, "I can't talk about that, we are in litigation" creating the false impression that Plaintiff was16 no longer employed by the Pioneer Program because of wrongful conduct.17 41.18 Sotana's comments regarding Plaintiff were offensive and were made with the knowledge of19 their falsity or made with reckless disregard as to the falsity of the statements and the false light in20 which Plaintiff would be placed.21 42022 As a direct and proximate result of Defendant's wrongful conduct, Plaintiff is entitled to non23 economic damages for humiliation, emotional harm and embarrassment, in the amount of $250,000.24 III25 III26 III

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1 DEMAND FOR JURY TRIAL2 43.3 Plaintiff demands a jury trial on all claims.4 WHEREFORE, Plaintiff prays for a judgment against Defendant as follows:5 On Plaintiff's First Claim for Relief:6 1. Non-economic damages in the amount of $250,000;7 2a Economic damages for back pay in the amount of $ $22,383; and8 30 Plaintiff's costs and disbursements incurred herein.9 On Plaintiff's Second Claim for Relief:10 1. Non-economic damages in the amount of $250,000; and11 20 Economic damages for back pay in the amount of $22,383; and12 3a Plaintiff's costs and disbursements incurred herein.13 On Plaintiff's Third Claim for Relief:14 1. Non-economic damages in the amount of $250,000;15 2a Economic damages for back pay in the amount of $22,383; a.nd16 3n Plaintiff's attorneys fees and costs incurred herein.17 On Plaintiff's Fourth Claim for Relief:18 1. Non-economic damages in the amount of $50,000; and19 2. Plaintiff's costs and disbursements incurred herein;20 On Plaintiff's Fifth Claim for Relief:21 1a Non-economic damages in the amount of $250,000; and22 2. Plaintiff's costs and disbursements incurred herein.23 On Plaintiff's Sixth Claim for Relief:24 1. Non-economic damages in the amount of $250,000; and25 2. Plaintiff's costs and disbursements incurred herein.26 III

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1 On Plaintiff's Seventh Claim for Relief:2 1. Non-economic damages in the amount of $250,000; and3 2. Plaintiff's costs and disbursements incurred herein.4 DATED this 18th day of June, 2010.5 LAW OFFICES OF JUDY SNYDER678 /F csimile: (503) 241-22499 mail: judy@jdsnyder.com

Of Attorneys for Plaintiff1011 Trial Attorney: Judy Danelle Snyder, OSS No. 732834121314151617181920212223242526

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