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Chef Dave
07-13-2009, 11:57 AM
Quis custodiet ipsos custodes? Who Guards the Guardians?
What Every Teacher Should Know About Defamation - Part One
Since t.corner limits posts to 10,000 characters, I have divided this post into two parts.

This is a cautionary tale about the abuse of administrative authority and how administrators have the capacity to destroy careers through the use of bad references. This is also a story about how teachers don’t have to put up with this nonsense and how we can successfully fight back.

“Quis custodiet ipsos custodes?” Who guards the guardians? This question dates back to the time of Socrates. The question is regretfully still as relevant today as it was nearly 2,500 years ago.

In an ideal world, all teachers work with absolute dedication. The overall educational climate is overseen by building administrators whose evaluations are always objective.

In the real world, there are incompetent teachers as well as teachers who are verbally abusive, physically abusive, and/or sexual predators. There are also administrators who abuse their positions and use teacher evaluations as punitive tools.

I regret that I have had a recent problem with administrators who allowed personal bias to influence their references.

My problems as a chef instructor began with my Career and Technical Education (CTE) director when I began teaching at this school two years ago. Most of the problems have been communication glitches. For example, when I was hired, my director told me to offset food costs. I followed her instructions and was reprimanded 1 ½ years later because I had not followed her intention. She had meant to say production costs instead of food costs.

Food costs are literally the costs associated with producing a given food. Production costs include food costs as a component along with other associated costs such as foam plates, plastic ware, cost of condiments, utilities, cleaning supplies, etc.

Problems got progressively worse starting last October. One morning I arrived at school to find that someone had plastered a hundred colored stickers throughout my Culinary Arts lab and commercial kitchen. Each sticker bore the words, “Clean me.” Most of the stickers were on scorch marks or hard water stains left from the high mineral content of our tap water.

When I reported the incident to the principal, his reaction was unexpected. Instead of sharing my concern over the fact that someone had vandalized my department, he said, “Well this was obviously the work of a concerned parent. Why don’t we take a walk through your department to see why this person was so concerned?”

I refused to do a walk through with the principal. I had breakfast to make for sale in our student operated restaurant. I had lessons to plan for. I had one hundred stickers to remove from steel table surfaces, stoves, ovens, and other equipment.

“Besides,” I said, “If anyone has a concern about what I’m doing, there were appropriate ways to bring these concerns to my attention. This person could have sent me an e-mail or a letter. This person could have scheduled an appointment so we could have a face to face conversation. Vandalizing my kitchen was incredibly inappropriate.”

I subsequently called the district resource officer to have him review the school’s security cameras. I also contacted the district superintendent to report an incident of vandalism.

At day’s end the building administrator called me into his office where he surprised me by telling me that HE had been the one to put stickers up all over my department. “I did this because I have a concern about the cleanliness of your work areas,” he said while in the presence of my CTE director.

I stared at him. “How could you possibly have had a concern?” I asked with clenched teeth. “We were just inspected by the county health department and passed without any problems!”

“Ah …” the principal wagged a finger at me. “But don’t you think our school should aspire to higher standards?” He went on to tell me that he wanted me to eliminate all hard water stains. He wanted a bright, shiny, and squeaky clean kitchen.

I stared at him. “I can’t do that,” I said. “This is contrary to the state health code. The residue from chemical cleaners is toxic. If I cleaned all the work surfaces as directed, I wouldn’t be able to use the kitchen until all work surfaces had first been rinsed off.”

The principal glared at me. “These instructions are not open for discussion! You were given your instructions – NOW DO THEM!” My CTE director who should have supported me, said nothing.

I immediately went to the superintendent and told her that my building administrators were asking me to violate state law. I specifically told her that under Arizona state law, statute 1-201-10(60) identified the residue of chemical cleaners as being “toxic.” Statute 4-693.16 specified that chemical cleaners applied to tools or equipment had to be rinsed off prior to use.

I explained that although hard water stains might be unsightly, they were not unsanitary. The instructions my principal had given me were unlawful and contradicted both state and county health regulations.

The superintendent immediately overturned the instructions. The building administrator and the Career and Technical Education director were livid. For the rest of first semester, they refused to speak to me. They glared at me in public and wouldn’t even talk to me when I wished them a good morning if I saw them in the hallways.

On my professional evaluation, my CTE director later wrote me up for being insubordinate and argumentative. She also stated that my kitchen was filthy.

Making a clear effort to dig up the dirt on me, my director also wrote me up for skipping out on school assemblies, not socializing with the staff during lunch, not attending extracurricular activities, abandoning my class to meet with a state official, and meeting with a state official without permission of the administrative office.

In a conference with my director and the building administrator, I pointed out the following:

• The principal had given me instructions NOT to attend assemblies because he wanted me to produce lunch for sale in our restaurant.

• Regarding the meeting with the state official, I produced an e-mail FROM my CTE director giving me permission to meet with the state director of Family and Consumer science education during class. I also had written permission to observe my class through the window that fronted my office.

• Regarding my lack of socialization during lunch, it was my understanding that unless we had duty, we had a duty free lunch. The entire question about socializing during lunch should have been moot since my contract required me to supervise our restaurant during lunch

• Although I admitted to not attending extracurricular activities that I was not directed to attend, I also pointed out that my duties as a chef instructor required me to be on campus by 5 AM since I had to produce breakfast. Since I typically went to bed between 7 and 8 PM in order to get up at 4 AM, I generally did not attend any extracurricular event that lasted beyond 8 PM.

The CTE director sneered and told me that there were many nights when she herself was up until 2 or 3 in the morning. I was told that I shouldn’t be afraid to do some “hard work.” Although she admitted having made several mistakes on the evaluation, she told me that her evaluation would stand. The building administrator said nothing.

Even though board policy said that I could appeal the findings of the evaluation, my CTE director told me that I only had the right to submit a written rebuttal. When I asked the building administrator if he thought the director was being fair, he gave me a blank look and said nothing.

I was subsequently put on an improvement plan for problems I didn’t even have.

In retrospect I realize that I should have appealed to the school board regarding my evaluation. Since my district does not have a union or even a professional association, I should have bitten the financial bullet and consulted with a labor attorney over the winter break.

With this being said, I knuckled under and jumped through all of the requisite administrative hoops. Although I was given no instruction regarding how to organize an improvement plan, I created and implemented my own plan. I filed weekly reports to both the building administrator and the CTE director. Neither of my building administrators ever offered a word of feedback, constructive or otherwise. I never received a follow up evaluation.

At year’s end I was offered a contract renewal. Unfortunately by this time, I was pretty demoralized. In addition to having had an unnecessarily difficult year, state budget cuts were such that we were told that all employees in the district from the superintendent on down would have to take a 5% pay cut. Teachers were also told that they would have to assume a portion of custodial responsibilities.

If you're interested in following this story, go on to part 2.

Chef Dave
07-13-2009, 11:57 AM
Quis custodiet ipsos custodes? Who Guards the Guardians?
What Every Teacher Should Know About Defamation, Part 2

Since my Victorian B&B Inn in Pennsylvania was going to be sold in August, I decided to resign and use the money from the sale of the inn to leverage an SBA loan. With the loan of a half million dollars, I was going to open my own barbeque restaurant. I thought a barbeque restaurant would do well in this area particularly since all meat and poultry products would be mesquite smoked and slow roasted. I also planned to make my own barbeque sauce including a heavy tomato based chipotle sauce as well as a thick, sticky, and sweet Kansas City sauce.

Unfortunately my plans for opening a restaurant fell through when the people who wanted to buy my B&B inn failed to close on the purchase. The buyers had planned to buy my inn using money from a disability settlement … but when their negotiations for a structured settlement fell through, I couldn’t sell my property.

I was now unemployed. What could I do?

I submitted a job application to another district, showed up for the interview in an immaculately white chef’s coat, and wowed the interviewing panel with my job interview skills. Questions directed at me by the panel were answered with accompanying digital clips of restaurant operations and instructional units.

Twenty years ago I went into job interviews armed with a resume and portfolio. Now I use a laptop that includes jpeg photos, digital clips, and even short digital movies that I edited and sequenced as needed.

I got the job without any problems.

This would have been a great job. I would have made more money, had the opportunity to work with a much more supportive administration, and would also have had the opportunity to have my feet on the ground floor for remodeling a Culinary Arts department and opening a student operated restaurant.

I was thrilled.

Two hours after I got the job offer, I received a startling phone call. The employment offer had been withdrawn. The principal who had made the job offer had talked with my former administrators. Disparaging comments had been made about my ability to teach, to work as a team player, and to follow instructions.

The principal said that he couldn’t have such an argumentative and insubordinate teacher on his staff. He also expressed a concern about my kitchen sanitation.

Needless to say, I was shocked. It had not occurred to me that my administrators were so petty that they would also be vindictive. In thinking this I quickly realized that if these administrators continued to make disparaging comments to anyone checking out my references, I would not only be unemployed, but I would soon be unemployable.

Since my former district did not have a union or even a professional association, I had to pay out of pocket to consult with an attorney who specialized in labor law. My attorney told me that defamation is illegal and that I could easily sue my former district for loss of income, legal expenses, and compensatory damages (erroneously referred to as “punitive” damages by the public).

What makes my case even stronger is the fact that under Arizona’s “whistle blower law,” it is unlawful for an employer to require an employee to commit an illegal act. Asking me to apply chemical cleaners to all tools and equipment in violation of the state health code was illegal. Penalizing me via my teacher performance evaluation for reporting these instructions to higher authority was illegal. Basing job reference comments about my work performance using an evaluation filled with mistakes was also a huge administrative blunder.

My attorney then proceeded to help make my case practically ironclad. She referred me to a website known as badreferences.com. The company that runs this site specializes in building defamation law suits.

For a nominal fee, they will call anyone you ask for a “reference.” Unknown to the person being called, the person posing as a potential employer is actually a skilled investigator and listening in on the conversation and writing everything down is a court recorder.

Taped phone conversations and statements made by certified court recorders are pretty much “bullet proof” in terms of the law … especially in contrast to anyone who testifies in court as to what someone may or may not have said over the phone. The defense can poke holes in what may have allegedly said whereas they can’t do this with a tape recording or a transcript filed by a certified court recorder.

With regards to a defamation lawsuit, the fact that an administrator may have made inappropriate comments that were “misconstrued” by a potential employer is one thing … but if a plaintiff can establish a pattern of defamation, the probable outcome of the case will be so strong that most defendants will settle out of court.

At this time, I have established a pattern of three separate defamation incidents and am working with my attorney to establish a fourth.

My attorney is issuing a demand letter to my former district asking for compensatory damages and legal expenses on my behalf. Failure to settle out of court will result in a law suit which the district will lose. If this case goes to court, a jury could aware a settlement far larger than anything I’ve asked for. Civil fines would also be levied for violation of the state whistle blower law.

The legal cards are all stacked in my favor largely because my former CTE director allowed her personal animosity towards me to bias anything she said to a potential employer. Had my professional evaluation been based upon fact, then she wouldn’t have had any legal problems. The fact that I can refute most of the claims on the evaluation using direct evidence that includes reports from the county health inspector, eye witness testimony from co-workers, and e-mails form the administrators themselves is good for me and bad for my former district.


It remains to be seen as to whether the district will choose to settle out of court or whether we will go to trial. The truly ironic thing about this entire experience is that if I win, my former district could very well wind up funding the start up money needed for me to open my own restaurant.

So … to summarize the lessons learned from this experience:

1) Administrators are allowed to talk to potential employers about your work experience provided that defamation is not involved. Defamation is a false statement that injures someone's reputation and is illegal.

2) If you receive a bad evaluation and dispute the findings, document any errors and contact a labor attorney as soon as possible. If you belong to a teachers’ union or a professional association, legal services may be available at no expense to you.

3) If you are placed on an improvement plan, document your participation.

4) Document all interaction with your administrators. Keep your documentation journal as objective as possible. Include names, dates, time, location, a brief summary of the interaction, and the names of any eyewitnesses who were present.

5) Regardless of how distasteful, keep all correspondence from your administrators including your professional evaluation, e-mails, and handwritten notes.

6) If you suspect defamation, contact http://badreferences.com Have one of their investigators verify that someone is giving negative references and turn the court recorder’s transcript over to your attorney for legal action.

7) Be aware that the process of building a civil case can be very slow and tedious process. It can take weeks if not months to build a case. Make sure you have sufficient financial resources to survive unemployment.

8) Don’t put all your eggs in one basket by fixing your financial hopes to winning a civil case. Plan for the worst by looking for non-teaching jobs.

9) Avoid the Captain Ahab complex of becoming fixated on revenge. No good will come from wallowing in self pity or thinking hateful thoughts about your former administrators. Work on hobbies, visit with friends, pray, and/or share time with a loved one. Remember that whatever happens, this too will pass.

I am sorry to tell all of you that cases of administrative defamation are not new nor do they even occur as isolated events. My attorney told me that I was the fourth teacher to have come to her within a two week period. The other three teachers shared similar experiences.

Quis custodiet ipsos custodes? Who guards the guardians?

In the end it has occurred to me that we as a collective society, have to take the responsibility for protecting ourselves.

It is my hope that by sharing this experience, teachers who have had similar problems will realize that they’re not alone. They don’t have to roll over and take it. They can use the legal system to fight back and to safeguard their rights and their personal reputations.

herdgrad
07-13-2009, 03:33 PM
Chef Dave, I am so sorry that this had to happen to you. Good for you for standing up for yourself and sharing your story!

Brit
07-13-2009, 06:38 PM
thank you for sharing what you've learned. it's an all-too-sad fact that many of us are going to be in a similar situation at one point or another.

Boxcar
07-13-2009, 07:29 PM
Whenever I think of documenting something like e-mails, evals, and interactions, it is always after the fact. It is important to be pro-active. This definetely brought that home.

While I want to think the best of people, I also like to know how to cover my arse - especially when I know I'm in the right. This information, in particular the website, is very valuable to me. Teachers in the early childhood field don't have unions or much protection at all. We're still thought of as industrialized baby-sitters and day-care providers. Even being considered a teacher is a new thing at many centers. It is all to easy for us to have this type of thing occur. I've heard tales of some really catty directors.

Chef Dave
07-13-2009, 09:14 PM
Thank you all for your reply.

Today I received a part time job offer. A school district within extreme commuting range wants to hire me as a Culinary Arts consultant. It seems that the teacher they have has been having problems with classroom instruction. Her main problem is that she isn't fluent in English. The few words of English she speaks are heavily accented and the students can't understand her.

I am presently negotiating with this district over job responsibilities and work hours.

The pay won't be much but it could lead back into a Culinary Arts job. Working for this district will give me current employment and new references.

Since the teacher in question will be losing her certification at year's end unless she passes a state proficiency test (which requires fluency in English), this might even lead into a new job.

At the very least, working for this district (combined with employment as a substitute teacher), will keep me financially afloat until such time as I can sell my B&B inn.

In the meanwhile it will be interesting to see how things play out with the demand letter. Will the administrators cease defaming me and will the district pay comepensation ... or will they roll the die and take their chances with a jury?

I'm thinking that I've got them dead to rights. Going to trial could result in higher expenses both for legal fees and compensatory damages. In this economy they should be ready to settle ... but we'll see.

silvana
07-14-2009, 07:35 AM
Hi Dave,
I was so sorry to hear of your terrible experiences....teaching as a profession is not always staffed by people who are professional I really hope this turns out well for you Dave ...good luck with it all.

herdgrad
07-14-2009, 07:47 AM
Congrats on your part time job offer. I really hope it turns into something more for you. You really sound as though you have a love for the culinary arts. Best of luck to you!

Boxcar
07-14-2009, 09:43 AM
Congratulations on the employment oppertunity. I hope things work out and the district settles instead of going through to jury. In either case, it sounds like you'll win. Good luck!

hweber
07-15-2009, 05:53 AM
Thanks for sharing. I have always enjoyed reading your posts, and am truly sorry for the year you had. I sincerely hope that things work out in the new position.

SS Rocks!
07-15-2009, 08:03 AM
Best wishes. Keep us posted! :)

wig
07-21-2009, 04:42 AM
I am sorry that you had such a terrible experience. Best wishes for a brighter future.

Chef Dave
08-05-2009, 01:52 PM
My attorney sent out our demand letter today. The legal problem was outlined in sparse terms along with a request for compensatory damages equal to ten times last year's salary.

I don't expect to actually get this amount, but inflating the amount requested will give the attorney room to negotiate a settlement.

If this goes to court, I've got a pretty solid case.

Last night I reread the transcript of the "reference check" made by the defamation investigative service. I was appalled to read that my supervisor actually laughed when asked if she had any concerns about defamation. The administrator actually chuckled over the thought of word about this getting back to me.

I truly cannot understand why she has chosen to behave in such a malicious and vindictive manner.

On the brighter side, this legal action will call attention to this administrator's abuse of authority. Since state law requires that a copy of the demand letter be sent to the board president, it will not be possible for the district office to sweep this under the carpet.

Then again - the sheer amount being demanded will also attract attention.

I cannot hope that this will help to effectively help to end this person's career.

hweber
08-06-2009, 05:14 AM
Wow, she actually laughed. I cannot believe some people. But you know what they say,"Absolute power corrupts absolutely." Anyone know who said that?

I am so sorry that you are going through this.

herdgrad
08-06-2009, 11:33 AM
thanks for keeping us updated Chef Dave. I am glad to hear that maybe something good will come out of this.

SS Rocks!
08-08-2009, 08:07 PM
Wow, she actually laughed. I cannot believe some people. But you know what they say,"Absolute power corrupts absolutely." Anyone know who said that?

I am so sorry that you are going through this.

Lord Acton, a British historian in 1887 (at least that's what most of the results said in in the Google search)

wilkette
08-08-2009, 10:22 PM
Wow, I'm sorry you've been put through this, but I'm so glad that you've stood up for yourself rather than sitting back and taking it. Very admirable.

zzs
08-11-2009, 01:31 AM
I'm so sorry to hear all of this, but not surprised at all. This sort of thing has been getting increasingly worse in my district for awhile now. It's now become an organized harassment of teachers. I'm not sure what avenues to try in dealing with this, but have had it, and am willing to put it out there. Administrators count on the divide and embarrass tactics, trying to make good teachers feel like they're the only ones having problems. (The "problems" are those nightmare parents who basically want good grades for their children, and so find reasons to "get" the teachers, who are then investigated and found guilty.)

This is something no one wants to talk about because they feel so embarrassed about it. And, unfortunately, the tactics of the union are to try to negotiate instead of go after these bad administrators, who apparently can get files full of complaints about them, yet continue to be moved around the district. I have learned, the hard, hard way, to keep scrupulous records and get everything in writing. The union president is now refusing to help me because I insisted it be done by email (when I was lied to many times.)

I hope we, as teachers can find some way to actually get the rights of children, parents, and U.S. citizens. Unfortunately, I think this is going to require becoming the "squeaky wheel" as the state lawyer rep told me. For me, it is not an option to go somewhere else. I need to squeak, put it all out there, and hope the administrators learn their job is to SUPPORT teachers, not harass them.

Chef Dave
08-13-2009, 01:42 AM
The hardest thing now about this entire experience is waiting.

Finding an attorney, organizing my documentation, engaging the investigative service, and doing everything else needed to build a case helped to keep me actively engaged.

I am now waiting for the district's response.

Will the district admit their wrong doing and seek a settlement ... or will we go to trial in two months where I'll face a defense attorney who will attempt to destroy the tattered remnants of my professional reputation?

Although going to court will probably result in a financial win for me, my reputation will be shattered. The district's reputation will be hurt. Media coverage will divide the community. Legal expenses will soar The jury award for compensatory damages will probably be much higher than anything I've asked for.

I have been looking for vindication and have concluded that even if I win, I'll still lose. How can I fight the "good old boy" network? The word is already out about me in some circles. People who have known my supervisor for years will trust this person's word over anything a jury says.

The damage has already been done. There will always be lingering doubt in the mind of any CTE director and building administrator who's familiar with my situation as to whether or not I'm actually a competent teacher. Anyone who reads about this in the paper will wonder whether this experience has made me lawsuit happy. Will I be more of a liability than an asset to any district that considers hiring me?

The shame of it is that it was just last semester that the state director for Family and Consumer Science Education praised my program as being a "state model."

I am now unemployed. I may be unemployable as a Culinary Arts teacher. The fact that I did nothing wrong only makes this experience all the worse.

I read in the paper last month that someone committed suicide by driving off a cliff in the Grand Canyon. To my shame, I have actually thought about doing this. I am NOT going to because I have four cats and worry about what would happen to my cats if anything happened to me.

My attorney has told me to focus on the future, but what kind of future will I have if I can't be a chef instructor? I enjoyed what I did. I was good at it. The thought of not ever being able to do this again makes me sick.

I'm taking a couple of on-line classes so that I can pursue certification as an elementary teacher. No offense to any of you who are elementary teachers, but I did this for 17 years. I enjoyed working with the little ones but as time passed, my interests changed. I changed.

Having the opportunity to work with high school students was one of the greatest pleasures of my life. I had a lot of fun supervising novice cooks as they grilled a dozen hamburger patties on a flaming charbroiler or showed them how to pipe frosting on a three layer tiered cake that we garnished with flowers made from pastillage an marzipan . No amount of money can ever compensate me for what I've lost or the hell that my former supervisor put me through.

It remains to be seen whether the district will make an reasonable settlement or whether we'll have to battle this out in court.

Since the district legally has 60 days to respond, the next two months promise to be very long indeed.

hweber
08-13-2009, 04:42 AM
I know that the future looks pretty dim right now. However, you need to assess your skills (which you have done already) and look at what you can do. Perhaps this ordeal will lead you to a career that is as fulfilling as molding future chefs. Could you open your own restaurant? Start your own cooking school? Open a b & b with themed weekends? Start personal chef business? A man with your talents has lots of options. Look on the bright side, it is so much better there.

Chef Dave
08-13-2009, 03:26 PM
Actually, the more I think about this, the more I think that I'd like to break with my past work experiences entirely. This entire situation has put a bad taste in my mouth regarding the state of public education. I'm also tired of dealing with tyrannical administrators who abuse their authority, central office types who validate their jobs by making teachers fill out mind numbing reports, and parents who have abrogated any sense of parental responsibility for their child's academic performance or behavior.

Depending upon how things work out, I could use money from a settlement to leverage an SBA loan to acquire a modest property that's zoned commercial/residential.

For the past twenty years I've been an aquarium enthusiast. My interest in aquariums led to fresh water ponds. I've recently developed an interest in aquafarming i.e. raising fresh water fish for personal consumption. Waste from pond filters feeds a hydroponics garden which raises fresh vegetables.

My father thinks I should now go one step further and launch an AquaFarming business that sells start up kits complete with fish to families wanting to "go green" with organic vegetables and fresh fish.

Depending upon how big the operation was, I could also sell to local markets and restaurants.

If I built this operation indoors, I could run this business year round.

For that matter, I could also sell pond plants and breed decorative pond fish like koi.

It's an interesting thought.

I find ponds and aquariums to be quite restful ... and if truth be told, I'd rather be self employed.

I currently have two ponds in my backyard. A modest 1,000 gallon partially raised pond feeds into a creek that empties into a 5,000 gallon pond with two attached bog gardens and two waterfalls.

The ponds are planted with frogbits (small lily pad like plants), water mint, dwarf cattails, and water chestnuts. Koi, goldfish, mosquito fish, and snails also live in my ponds.

In the meanwhile, I've heard that the claims against my former district will be heard at the next board meeting on September 8th. I'm sure legal counsel for the district will be present. It will be interesting to see how the district chooses to respond to my suit.

hweber
08-13-2009, 05:10 PM
Your ponds sound beautiful. I have a small one in my backyard. Will you have to be at the board meeting? Good luck. Your idea sounds amazing.

Chef Dave
08-14-2009, 09:43 AM
Your ponds sound beautiful. I have a small one in my backyard. Will you have to be at the board meeting? Good luck. Your idea sounds amazing.

I haven't been invited to attend ... and if I attended, I wouldn't be present without my attorney.

The board will probably discuss the demand letter they received from my lawyer. I'm sure they'll grill my former supervisor ... oh to be a fly on the wall for that session. I suspect that this portion of the board meeting will be closed because meetings are always covered by the local paper. If the meeting isn't closed, the story about this will become a local headline. Airing the district's dirty laundry wouldn't do anyone any good.

After the board decides what to do, their attorney will conference with mine. If a settlement offer is made, my lawyer will tell me about it. If no settlement is made or if 60 days passes without a response, we will go to court.

One interesting thing about this experience is that dramas like Perry Mason, Law and Order, and Raising the Bar never show the tedium of waiting to see if the other side will negotiate or go to trial.

Watching attorneys and clients twiddle their fingers wouldn't make for a good story ... but the impression you get from watching these shows is that our legal system operates much more quickly than it does.

Not true!

A few years ago, I was defrauded by a private investigator who was facilitating the burglary of my home. The investigator took my money and skipped town without giving me his written report or providing an accounting of his time and expenses.

I took him to a small claims court to recover my money. It took 1 1/2 years and two court appearances. Even allowing for the fact that I had a slam dunk considering the fact that he skipped out on the initial court appearance and subsequent appeal, the legal process still had to run its course.

Despite two court findings against him, he refused to reimburse me ... so I submitted a claim against his bond and recovered my money. His bond was later revoked. His investigative license was also rescinded.

Regarding my suit against my former district, I really have no doubts over the fact that I'll prevail. It only remains to be seen how long the district chooses to draw this out.

It would be in everyone's best interest if they chose to settle but if they decide to go to trial, so be it. I cannot allow my former supervisor to destroy my professional reputation without doing everything I legally can to stop her.

I also cannot help but wonder how many careers she has already ruined. How many teachers have been driven out of the profession?

If nothing else, I hope my suit will stop or at least limit her abuse of authority.

hweber
08-14-2009, 03:21 PM
What a bully she is. Is this a professional hazard with principals? I sure hope they decide to settle so that you can move on with your life. Keep up posted.

Chef Dave
08-22-2009, 08:56 PM
For those of you following this thread, I had a very odd experience two days ago. Sometime around 10 AM, three uniformed police officers burst into my bathroom. I had just taken a shower and was partially dressed. I was cleaning the bathroom counter.

The officers claimed that someone had called from the High School to express a "concern" about me. This person said that I hadn't been seen all summer or at work. No duh ... I don't work for the district anymore. This person also alleged that he/she had called. I had no messages on my answering machine. The police also said that this person had visited my home but nobody had answered the door. I am not aware of anyone trying to visit me.

On the basis of this one unsubstantiated phone call, the police decided to do a safety check. When I didn't answer the door because I was in the bathroom and had the bathroom door shut to keep my cats out, the first officer on the scene called for backup. Yes ... I turn into a bear when I use Head and Shoulders shampoo ...

The officers were trying to decide which door to smash when my neighbors across the street, two retired teachers, offered to give them my key. I have been known to lock myself out of my home.

So ... here I am in the bathroom and the door flies open and there are three uniformed officers.

For a moment I thought that I was in a bad episode of "Cops." I could almost hear Inner Circle, singing "Bad Boys."

Bad boys, bad boys
Whatcha gonna do, whatcha gonna do
When they come for you

The only thing that would have been worse would have been being butt naked - shoved face down into my front yard and handcuffed.

In the meanwhile, I find myself wondering ... WHO CALLED?

I didn't socialize with any of the faculty or staff at school ... so not being "seen" throughout the summer shouldn't have been an issue. :confused:

Chef Dave
08-22-2009, 08:59 PM
For those of you following this thread, I had a very odd experience two days ago. Sometime around 10 AM, three uniformed police officers burst into my bathroom. I had just taken a shower and was partially dressed. I was cleaning the bathroom counter.

The officers claimed that someone had called from the High School to express a "concern" about me. This person said that I hadn't been seen all summer or at work. No duh ... I don't work for the district anymore. This person also alleged that he/she had called. I had no messages on my answering machine. The police also said that this person had visited my home but nobody had answered the door. I am not aware of anyone trying to visit me.

On the basis of this one unsubstantiated phone call, the police decided to do a safety check. When I didn't answer the door because I was in the bathroom and had the bathroom door shut to keep my cats out, the first officer on the scene called for backup. Yes ... I turn into a bear when I use Head and Shoulders shampoo ...

The officers were trying to decide which door to smash when my neighbors across the street, two retired teachers, offered to give them my key. I have been known to lock myself out of my home.

So ... here I am in the bathroom and the door flies open and there are three uniformed officers.

For a moment I thought that I was in a bad episode of "Cops." I could almost hear Inner Circle, singing "Bad Boys."

Bad boys, bad boys
Whatcha gonna do, whatcha gonna do
When they come for you?

The only thing that would have been worse would have been being butt naked - shoved face down into my front yard and handcuffed.

In the meanwhile, I find myself wondering ... WHO CALLED?

I didn't socialize with any of the faculty or staff at school ... so not being "seen" throughout the summer shouldn't have been an issue. :confused:

hweber
08-23-2009, 06:08 AM
Holy cow! One phone call and they decide to go to these lengths? Did the police ever try to call? Ask a neighbor if you were home? Maybe your 'wonderful' administrator was worried that her actions may have adversely affected you. I am amazed. Thanks for keeping us updated!

herdgrad
08-23-2009, 08:24 AM
Man I can't imagine! Did you ever find out who called?

Chef Dave
08-24-2009, 09:34 PM
Man I can't imagine! Did you ever find out who called?

I still have no idea who made the phone call and the police won't tell me. They only said that it was a "concerned party" from my former high school.

I have reported this to my attorney who found the behavior of the police to be really odd. I'm going to let this matter go, but am now starting to feel paranoid about using the bathroom or going to sleep. It's an odd thing not to feel secure in your own home. It is even more odd to know that this feeling resulted because of the police.

In the meanwhile, my attorney is waiting to hear from my former district's attorney.

I find myself wondering what the reaction of my former supervisor has been. If I had to guess, I'd say that she's dismissed me as being a "disgruntled former employee" who is simply filing a "nuisance suit."

She could probably sell this to the board if she used my last evaluation and didn't tell them that it was filled with errors and highly subjective comments.

The sad thing about this is that my suit against the district could last for years. If I go to trial, I'll appear before the county superior court. If I win, the district could appeal to the court of appeals. Assuming I win that, this could go to the state supreme court.

This could wind up costing my district tens of thousands dollars in legal expenses and hundreds of thousand dollars in compensatory damages ... and all because my former supervisor abused her authority and then refused to take personal responsibility for her actions.

silvana
08-25-2009, 04:34 AM
......on the other side of the coin maybe someone at school who does not know you so well, but understands what you are going through might have been really concerned for your well being Dave.

hweber
08-25-2009, 07:26 PM
Good point Silvana. Chefdave, have you decided on anything about opening a restaurant?

Chef Dave
08-27-2009, 11:27 PM
Good point Silvana. Chefdave, have you decided on anything about opening a restaurant?

Opening a restaurant costs money. The sale of my B&B inn fell through and I'm currently unemployed and stuck in a lawsuit with my former district.

What I would like to do would be to find another job in December.

Assuming I can resume a teaching career, I'd like to start an AquaFarm. Since I already enjoy building and maintaining ponds, I might as well make some money off this. With an established AquaFarm, I could sell game fish, pond fish, pond plants, and hydroponic plant kits. I might even be able to strike a deal with the local community college regarding the part time instruction of AquaFarming.

The restaurant is probably a no-go at this point due to time and costs. Restaurant hours, especially for start ups, can be really long. I had enough of this as a B&B innkeeper. Back in 2005, I literally worked 360 out of 365 days. I typically worked from 5 AM (up to make breakfast from scratch) to 6 PM, 7 days a week. It was exhausting.

hweber
08-28-2009, 03:24 AM
Sorry about the B&B sale. The aquafarm sounds like a great idea. Good luck and keep us posted on the lawsuit.