WEST TERRE HAUTE — A former West Vigo High School teacher whose termination was ruled by a federal agency as retaliation based on sex, said she will file a lawsuit in federal court after failing to reach an out-of-court settlement with the Vigo County School Corp.
Cindy Garry Wilson, 52, was terminated in April 2006 for alleged unprofessional conduct from West Vigo High School, where she had taught biology for 10 years. She has been teaching for 29 years and is now a part-time teacher at North Vermillion High School.
In June, the U.S. Equal Opportunity Employment Commission ruled that “there is reasonable cause to believe that [the Vigo County School Corp.] retaliated against [Wilson] for complaining of harassment based on sex, in violation of Title VII.”
The commission was “unable to conclude that information establishes a violation of [federal law] with respect to harassment. No finding is made as to any other issues that were raised by this charge,” the EOEC ruled.
Wilson said the school’s principal, Tom Balitewicz, in March 2006 asked her to produce lesson plans, one week before a scheduled school spring break. Wilson stated the principal apparently had provided other teachers with a written copy of his expectations for lesson plans, but it was not provided to her.
Wilson said she provided the lesson plans, but then the principal yelled at her saying he wanted lesson plans for the second trimester.
“He was in my face and it was in his office. … I feel he was trying to get me to confront him, engage me in a situation which I would not engage in,” Wilson said.
The teacher said she thought she was being yelled at and singled out because she was the only female teacher in the school’s science department.
She complained to a teacher union representative that the school principal was subjecting her to harassing conduct on the basis of her sex. Wilson also met with John Orr, director of human resources for the school corporation, saying it was her belief the principal would not treat or speak to her male peers in a matter in which she was treated.
Wilson said Orr then placed her on suspension for having raised the harassment complaint. Orr, Wilson said, expressed concern over her future in the building because anytime Balitewicz “called you in for being late to class, or letting a child go to the restroom without a pass, you will accuse him of harassment,” according to the charging document filed with the EOEC.
Orr terminated Wilson’s employment for unprofessional conduct. According to the EOEC charging documents, Orr cited the complaint of sexual harassment against Balitewicz as the unprofessional conduct.
The school corporation made several delays in providing unemployment payments to Wilson, forcing her to hire an attorney. An administrative law judge ruled in March that “claimant [Wilson] was not discharged for just cause” and was entitled to unemployment insurance benefits.
After the EOEC ruling, Wilson, through her Indianapolis attorney, Denise LaRue, then offered a settlement to the school corporation in July. That offer had two options, one to reinstate her as a teacher with back pay and attorney fees for $80,000 or make a front payment of two years with no reinstatement for $130,000.
Wilson said she requested, if reinstated, to teach at McLean or Washington alternative high schools.
The school corporation made a counter offer last week. Wilson said that offer was for $40,000, plus she was to sign an agreement not to discuss her situation and not apply for a teaching job in Vigo County.
Orr deferred comment to Jon Bailey, attorney with the Indianapolis law firm Bose, McKinney and Evans. A telephone call seeking comment was left for Balitewicz on Tuesday.
Bailey said the school district acted appropriately “and believes the findings are in error. The [EOEC] found for her on protected conduct, meaning she complained about sex discrimination. Exactly what she complained about is factually disputed and we will have to go from there.
“We discussed settlement because a federal agency found against us. If we can’t get it settled, we will be taken to court if that is Cindy Wilson’s choice.”
Bailey said he would not discuss settlement contents.
“I had no due process,” Wilson said. “The principle and [the human resources director] determined I was wrong and would be fired. Just the two of them decided that they would have my head on a platter,” Wilson said.
Wilson said her attorney will file a lawsuit against the school corporation and expects to obtain a federal court date within a few weeks.
Howard Greninger can be reached at (812) 231-4204 or howard.greninger@tribstar.com.
Local & Bistate
Ex-Vigo teacher planning lawsuit
Equal Opportunity Employment Commission ruled against corporation
- Local & Bistate
-
-
Montford Point Marine
In 1943, 19-year-old Ezell Odom was on the sandy beach of a tiny South Pacific island about 7,000 miles from his parent’s home in Terre Haute.
-
K-9 officer Shadow honored as a hero
A Terre Haute K-9 officer injured in the line of duty has been honored as a hero by the Indiana Veterinary Medical Association.
-
Freezin’ for a Reason
Hundreds lined up outside Hulman Center amid frigid air to participate in a warm-hearted cause.
-
Even as law, right-to-work dominates crackerbarrel
The flames of the right-to-work debate were gone, but the coals still seemed to smolder.
-
Vigo School Board to give OK on bonds for DeVaney project
The Vigo County School Board will meet at 6 p.m. Monday in the administration building, 686 Wabash Ave.
-
Bridging the gap to ‘forever’
They can be taken from their homes by strangers for reasons they may not understand, with no possessions other than the clothes they are wearing.
-
Students showcase keen problem-solving skills at Rose-Hulman
For the 16th straight year, Honey Creek Middle School students came out on top in the Wabash Valley MATHCOUNTS competition at Rose-Hulman Institute of Technology.
-
Ivy Tech to celebrate Black History Month
Ivy Tech Community College will celebrate Black History Month with a series of events at its campuses statewide.
-
Whitney Houston, superstar of records, films, dies
Whitney Houston, who ruled as pop music's queen until her majestic voice and regal image were ravaged by drug use, erratic behavior and a tumultuous marriage to singer Bobby Brown, has died. She was 48.
-
Giant welcome home for Steve
Terre Haute was suddenly home to thousands of cheering New York Giants fans Friday as residents welcomed Super Bowl champion Steve Weatherford back home for a parade.
-
‘One for Terre Haute,’ Steve tells crowd at North
“This one was for Terre Haute,” native son Steve Weatherford proclaimed Friday as he shared his Super Bowl victory with the community that helped send him on the path to a world championship.
-
Hometown support vital to success, Weatherford says
Steve Weatherford said Friday he wouldn’t be celebrating a Giants’ Super Bowl victory if not for the support he’s received from his hometown, his parents and mentors in his life.
-
Craning for a rare glimpse
A visitor from the Far East has naturalists flying to Linton, hoping some good comes from one bird’s bad directions.
-
Vigo’s primary election filings complete
The slate is set for the May 8 primary election, with the race for three at-large seats on the Vigo County Council drawing the largest pool of candidates at the county level.
-
Documentary on electric vehicles plays Sunday at Rose
The rising popularity of electric vehicles and their impact on the world eco-system is the focus of a documentary, “Revenge of the Electric Car,” being presented at 3 p.m. Sunday in Rose-Hulman Institute of Technology’s Hatfield Hall Theater.
-
Man gets 10-year sentence in battery case
A West Terre Haute man received a 10-year prison sentence Friday after pleading guilty to aggravated battery for beating a friend caught in bed with the man’s wife.
-
Asian hooded crane lands in Greene County wildlife area
Bird watchers are flocking to a southwestern Indiana wildlife area to try to catch a glimpse of a crane usually spotted only in Asia.
-
Slow drips: It’s maple syrup season in Indiana
More seasonal, colder temperatures will hit the Wabash Valley this weekend, which is ideal weather for maple syrup production, said Keith Ruble, superintendent of the Vigo County Parks and Recreation Department.
However, Ruble voices concern that this year’s maple syrup season may be short.
-
Downtown restaurant celebrates expansion
The streets of Terre Haute were chilly Thursday night, but for the glow of hot pasta inside Louise’s Pizzeria and Cafe.
-
Contract signed for new Y
Papers are signed and the ink is in place for a new YMCA to operate in Terre Haute.
-
City to impose $30 release fee on towed vehicles
The Terre Haute City Council voted without opposition Thursday to impose a new $30 release fee on vehicles towed and impounded by the police as part of a criminal investigation.
-
Valley educators cautious on Indiana’s ‘No Child’ waiver
Indiana is one of 10 states to receive a waiver from federal No Child Left Behind requirements.
-
Driver dies after Illinois school bus crash
“Brace yourself. Brace yourself,” Fay Pickering shouted to her students just before the school bus she was driving crossed U.S. 40 and landed in a ditch Thursday morning.
-
Trial date set for former WTH police chief
A July 23 trial date has been set for a former police chief of West Terre Haute accused of theft.
-
Motorcycle gang member pleads guilty in federal court
A member of an Indianapolis motorcycle gang who delivered methamphetamine to a Terre Haute dealer has pleaded guilty to drug charges in federal court.
-
July trial date set for mother charged with child neglect
A July 30 trial date has been set for a Terre Haute mother charged with neglecting and battering her toddler.
-
Business hosting SPPRAK fundraiser
Java Haute is hosting the latest fundraiser sponsored by SPPRAK — Special People Performing Random Acts of Kindness.
-
Valley high school cooking competition under way today
Clabber Girl Corp. and Gordon Food Services will host the fourth-annual High School Chef Competition, beginning today through Saturday, and again Feb. 18, in the Culinary Classroom at Clabber Girl.
- UPDATE: Marshall, Ill., school bus driver involved in accident dies; cause appears to be cardiac-related
-
Terre Haute road name game
What used to be called U.S. 40 from the Wabash River west through West Terre Haute to Interstate 70 needs to be renamed and, probably, get new street addresses, a Vigo County planner recommends.
- More Local & Bistate Headlines
-
Pop Music Superstar Whitney Houston Dies at 48
Raw Video: Whitney Houston's Last Performance
Police: Houston Found Dead in Her Hotel Room
Fans 'Speechless' Over Houston's Death
Reaction to Houston's Death at Clive Davis Party
Recording Superstar Whitney Houston Dead at 48
Paul Suffers Narrow Loss to Romney in Maine
Palin Brings Anti-Washington Message to CPAC
Whitney Houston's Church Mourns Her Passing
Maine GOP Chairman Says Romney Wins Caucuses
Raw Video: Deadly Blasts in Syria
Obama Scraps Birth Control Mandate
Snow Strands Italian Towns
Winter Slamming North Asia, Parts of Europe
Latest Jason Wu Collection Shows Chinese Roots
US Airmen's Killer Sentenced to Life in Germany
Raw Video: Rough Seas Stop Oil Removal
ShowBiz Minute: Madonna, Beresford-Redman, Pawsc
The Pits: Israelis Spit Olives for Glory
Video of M.I.A's Obscene Halftime Gesture
2012 Grammys: LL Cool J
Exclusive Video - Whitney's Bodybag
FUEL TV: Punk Payback Gym tips
Raw Video: Child Rescued After Kosovo Avalanche
Whitney's Final Days - EXCLUSIVE
Raw Video: Aurora Borealis As Seen From Space
First glimpse of Blue Ivy Carter
Lusetich: AT&T Rd. 3 recap
Peek inside Barbie's closet
Romney Tops Santorum in CPAC Straw Poll
Madonna's Daughter Shaves Head
Angry Dad Shoots Teens Laptop
Absolute Lin-sanity
5 Killed in Wrong-way Crash on I-10 in La.
Test on Comforter in Powell Unit Shows Blood
Hero Driver Saves Kids From Burning Bus
Funeral to be held for Powell boys
Sandusky on having to stay inside and people turning on him
Uzbek Man Pleads Guilty in Plot to Kill Obama
Woolly Mammoth Caught on Camera?
