| No Decision Yet In "Wrongful Termination" Case Of BUES Teacher |
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By JOEL McNEECE The Calhoun County School Board will issue a ruling within 10 days on the fate of former Bruce Upper Elementary teacher Karen Owens, who claims she was wrongfully terminated. A three-hour hearing on the case was held Monday night at the school district office in Pittsboro. The school district terminated Owens last month due to her failure to return to work by a Feb. 1 deadline after she took 12 weeks off as part of the Family Medical Leave Act. Owens had two surgeries – one on her neck and another on her back during the absence. She testified that the surgeries were required because she was unable to stand on her feet in the classroom due to numbness in her feet and legs. The school district didn’t contest that the surgeries were necessary, but they did introduce into evidence that during her absence, Owens, a certified psychometrist, conducted IQ testing for Benton County Schools and attended educational conferences in Greenwood and Jackson. “If she was willing and able to work she should have been working for us,” Superintendent Mike Moore said from the witness stand. Owens testified that the tests she administered in Benton County only took 10 minutes on three separate days and were voluntary. She was not paid. She said her neck and back were capable of handling that and the conferences she attended because she was able to take breaks if necessary. She pointed out, and Superintendent Moore agreed, that school district policy requires teachers be on their feet in the classroom all day and Owens claimed she was incapable of that. Moore testified that Owens’ 12-week leave expired on Jan. 25, but the school district allowed her an extra week until Feb. 1. Leading up to that date, Moore said the school district received no communication from Owens saying when she would return. Owens said she was following the chain of command and was communicating with BUES?Principal Paula Monaghan. Monaghan testified she had communicated with Owens, but that no confirmation date of return was provided. Monaghan said Owens could only say she “believed” her doctor’s appointment was Feb. 12 or 15 and she thought she would be released to return to work then. Monaghan emphasized that she informed Owens she needed a firm date of when she would return, but Owens said she couldn’t provide one until after her doctor’s appointment. During her absence, the school district hired Don Ball, of Bruce, as a substitute in Owens’ classroom. Moore said as the date passed for Owens’ return with no word from her, the school district was “obligated on behalf of the children” to hire a certified teacher for the class. Christy Tindall was hired Feb. 15 as Owens’ permanent replacement. Owens admitted she went beyond the 12-weeks allotted, but the 17-year veteran of Calhoun County schools said she had enough personal days to cover the overage. Annette Haire and Jackie Corder, both of Bruce, testified that Owens was an “exceptional” teacher who taught their children. Ricky and Tracy Box were also in attendance to provide similar testimony, but the school board said Owens’ teaching ability was not in question. After two hours of hearing the case, the school board entered executive session issuing everyone out of the room except board members. They deliberated for more than an hour before opening the meeting back up and announcing no decision had been made. School Board President Billy McCord said the board would provide its decision in writing within 10 days. |