By Howard Greninger
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.
