DENMARK -- Two former principals who last worked in Bamberg County School District 2 (Denmark-Olar) during the 2006-2007 school year have filed separate federal discrimination lawsuits against the district, Superintendent Dr. Secaida D. Howell and other district employees.

Former Denmark-Olar Elementary School principal Alice Johnson Brown and former Denmark-Olar Middle School principal Mable Scott are represented by attorney J. Lewis Cromer of Columbia.

In addition to the school district and Howell, Scott’s lawsuit also named Isaiah Echols (listed as “Isaac Echoles” in the formal complaint), David Yates, and Randy Mack as co-defendants acting as individuals and in their official capacities as district director of facilities, Denmark-Olar Middle School administrative assistant, and Denmark-Olar High School principal, respectively.

Johnson Brown’s lawsuit, filed under her previous name of Alice D. Brown, also named district human resources director Michelle Nimmons and Mack as co-defendants along with the district and Howell. Johnson Brown was married after the lawsuit was filed.

Both lawsuits claim violation of the plaintiffs’ rights under Title VII of the 1991 Civil Rights Act “on the part of the District, through the actions of its employees ... and amount to unlawful gender discrimination” plus “unlawful retaliation ... for which the defendant is liable” and civil conspiracy since the “defendants and others embarked on a malicious agenda to harm and to punish the plaintiff for personal and malicious reasons and together with others met, schemed and conspired together, using their positions with the district to their own personal advantage ...”

Johnson Brown additionally alleged age discrimination in her lawsuit.

Both lawsuits also claim that each plaintiff “... has sustained a loss of earnings, a loss of earning capacity and a loss of promotional opportunities within the district. The plaintiff has further sustained embarrassment and humiliation, as well as extreme mental and emotional anguish and is entitled to an award of attorney’s fees and costs.”

Johnson Brown’s lawsuit additionally seeks punitive damages from the defendants.

The actions stem from the demotion of Johnson Brown from her principal position to an administrative assistant position and resignation at the end of the school year, and the demotion of Scott to the assistant principal position at Denmark-Olar High School from which she claimed she was forced to resign. Johnson Brown and Scott were released from their employment with the district on June 30, 2007.

The Times and Democrat article of the school board’s April 2007 meeting reported Howell recommended Echols be named as interim principal at the elementary school and Mack be named as interim middle school principal for the remainder of the 2006-2007 school year following the reassignment of Scott and Johnson Brown. In the article, Johnson said that her request for a public grievance hearing was denied by the board and that her hearing was held in executive session.

Section 30-4-70 of the South Carolina Freedom of Information Act says a public body may hold a closed meeting on personnel matters. However, “...if an adversary hearing involving the employee or client is held, the employee or client has the right to demand that the hearing be conducted publicly.” Nothing in the FOIA mentions that the body in question has the right to deny such a request.

Bill Rogers, executive director of the South Carolina Press Association, said, “Persons asking for an open hearing can tape it. The First Amendment gives them the right to talk about the hearing. Any action from that meeting will be challenged in court because it is illegal, and (the board) risks being sued.”

Bamberg County School District 2 board Chairman Al Maynor declined to comment on the lawsuits, noting that the actions regarding both women were taken prior to his election to the board on April 10, 2007.

In a prepared statement, Howell said, “Complaints are turned over to the district’s insurance carrier, and legal counsel is appointed. The individual(s) (who filed the lawsuits were) treated fairly during their tenure in our district. We are looking forward to a vigorous defense.”

n T&D Staff Writer Phil Sarata can be reached at psarata@timesanddemocrat.com and 803-533-5540. Comment on this and other stories at www.TheTanD.com.

 

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