Jeffersonville High School teacher files lawsuit

Clark County

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January 5, 2012

Daeschner, principal and corporation named by journalism teacher

By MATT THACKER Matt.Thacker@newsandtribune.com The News and Tribune Thu Jan 05, 2012, 05:17 AM EST

JEFFERSONVILLE — A Jeffersonville High School teacher claims she was suspended for speaking out against the administration in response to new directives involving the school’s student newspaper and yearbook.

Kelly Short filed a lawsuit Wednesday in the U.S. District Court in New Albany against JHS Principal James Sexton, Superintendent Stephen Daeschner and Greater Clark County Schools.

Short has been employed at JHS since 1994, primarily working as a journalism teacher. She has also been a longtime adviser for the school’s student newspaper, the Hyphen, and yearbook, the Topic.

Her attorney, Dan Canon, said Short was suspended Nov. 9 pending an investigation and has not been reinstated. Other teachers have since taken over as advisers for the two publications.

“We have no idea why any sort of investigation would have taken this long,” Canon said.

Erin Bojorquez, supervisor of communications for Greater Clark, confirmed Short is under investigation by Greater Clark but declined to comment on the lawsuit, saying neither the superintendent nor general counsel have yet received a copy.

Canon said Short was provided with several reasons for the investigation. Canon said one allegation was that Short threatened to suspend a student in her 2008 yearbook class if the student did not raise enough funds. Short denies those claims.

“Frankly, we’re kind of scratching our heads,” Canon said. “We think the reason she was suspended is in retaliation for her vocal opposition to the policies and practices of Jeffersonville High School, and specifically Principal Sexton.”

According to the lawsuit, students published a story in The Hyphen in early 2011 regarding the placement and cost of security cameras in the school. At the end of the school year, Sexton added a new requirement that any future edition of the newspaper or yearbook must be reviewed by an administrator, and Short claims that directive was in response to the newspaper article. According to the lawsuit, Sexton also threatened to reassign Short if she did not submit the paper to him for review before publication.

According to documents submitted to the court, Sexton informed Short she would be removed as yearbook adviser just a few days after students were disciplined for creating a Facebook page poking fun at the high school. The page was called “You Know You Go To Jeff High If ...” modeled after comedian Jeff Foxworthy’s comedy routine, “You Might Be a Redneck If ...”

The two students who created the page said an assistant principal gave them detention, although Sexton told the News and Tribune at the time that he did not know about the punishment. The students were later told they did not have to serve the detention. According to the lawsuit, Short was outspoken in her belief the posts were protected First Amendment speech.

Short received a letter from Sexton on June 14 telling her that she would not be yearbook adviser the next year, and she would lose additional compensation she receives for holding that position. She was also temporarily removed from teaching a journalism class for the 2011 Fall semester and assigned to teach “credit recovery” classes.

Canon said that decision was reversed temporarily after they argued her removal violated the teachers’ collective bargaining agreement. Canon said Short is highly qualified to teach journalism and is the only qualified journalism teacher at JHS.

On July 18, Sexton wrote a letter to Short with a new requirement that he or a designated administrator must review the newspaper and yearbook prior to publication. He stated in a letter, which is provided in the court documents, that future editions would be reviewed for work that is “ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences.”

Sexton further wrote that the Hyphen cannot be considered a “forum for public expression” or an “open forum for students, faculty or community members associated with Jeffersonville High School” since it is produced in a journalism class for credit.

Short wrote letters to Daeschner, the school board president, assistant superintendent and school board general counsel opposing the new policy.

According to the lawsuit, Short previously filed a grievance against Sexton for “berating” her in front of her students Dec. 1, 2010. Sexton wrote her an email later that day apologizing for not telling her he would visit her class to “correct bad information given to your students.”

According to the email, Short told students Sexton would be placed on an “Improvement Plan” at the next school board meeting. Sexton told her she should have discussed that with him privately before talking to her students.

Short claims the school corporation and principal violated a federal law protecting her right to free speech and Indiana’s whistleblower statute. She also claims that the defendants caused adverse action in violation of public policy due to her refusal to enforce “illegal and/or unconstitutional policies in her classroom.”

She requests compensatory and punitive damages, claiming she has suffered embarrassment, humiliation, emotional distress and mental anguish. The school corporation has 20 days to respond to the suit.