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John J. Smalley, 43, of Onalaska, Wis., filed a discrimination complaint and notice of claim, a required precursor to a lawsuit to allow the opportunity to settle out of court. The district has 120 days to respond.
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Former West Salem Elementary School principal John Smalley |
In the discrimination complaint filed with the state Department of Workforce Equal Rights Division, Smalley contends his firing violated the state Fair Employment Act because it stemmed from his Dec. 9, 2007, arrest in a domestic incident.
Smalley was charged three days later with misdemeanor domestic battery and domestic disorderly conduct in La Crosse County Circuit Court, after a woman reported he shoved her and pulled her hair, according to the criminal complaint. Smalley denied touching her.
The West Salem School Board voted Dec. 10 to request Smalley’s resignation, according to the discrimination complaint.
“When he refused, they directed a campaign of intimidation, rumor, innuendo and gossip,” said Smalley’s attorney, James Birnbaum. “The School District of West Salem and its agents have taken a private, personal matter of no business or consequence to his employment and destroyed a career and a reputation.”
Smalley was placed on administrative leave Dec. 11 and fired Jan. 25 for “job-related performance issues, primarily neglect of duty,” and not his criminal charges, said school district attorney Chris Doerfler.
“The district denies any wrongdoing and asserts that its investigation was fair, impartial and responsive,” Doerfler said.
Birnbaum claims all school board discussions on Smalley’s termination were in closed session, and the firing came without a notice or hearing.
“Anybody objectively taking a look at the timing, and of course that’s one of the pieces of evidence in these kinds of cases, is the proximity in time between an arrest and an employment action,” Birnbaum said. “I’ll venture to say I don’t think the ink was dry on the police reports and the school district had already voted to essentially end John’s employment.”
Doerfler said the district included Smalley in the process and provided him a summary of evidence against him.
Smalley, who had been principal since 2005, is seeking reinstatement, back pay, compensatory and punitive damages, attorney fees and statutory penalties, Birnbaum said.
“John’s damages are not diminishing,” he said. “Every day that he’s not back in the school as a principal harms him.”
The legal announcement came on the same day Smalley pleaded guilty to the disorderly conduct charge, while the domestic battery charge was dismissed as part of a diversion agreement.
If he meets conditions of the agreement — such as he remain law abiding, complete 30 hours of community service and undergo domestic violence reviews — the charge will be dismissed in a year.
Birnbaum said other claims that could be pursued against the school district include breach of contract, denial of constitutional due process, defamation and failure to comply with the open meetings law requirements.
Tribune reporter Chris Hubbuch contributed to this story.
