Former teacher sues BCS

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Tuesday, November 10. 2009

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A former Apalachee High School teacher has filed suit against Barrow County Schools saying she was forced to resign against her will.

In a lawsuit filed on October 15, 2009, Ashley Renee Payne alleges that upon her arrival at work on August 27, 2009, she was “ushered” into the office of Dorann Mansberger, the assistant principal at Apalachee High School, for a meeting with principal David McGee. Payne claims she was provided no advance notice regarding the purpose of the meeting.

According to the court filing, McGee informed Payne that the school system strongly disapproved of her activity on the popular social networking site Facebook. Specifically, McGee objected to photos which showed Payne holding alcoholic beverages while on vacation and a status update which used a pejorative term for females.

According to Payne’s attorney, Richard Storrs, Payne was not shown the photo to which McGee objected, nor was she provided a copy of the photo. Storrs further stated that Payne does not know how McGee learned about the photo.

“We do not know how the photo came to the attention of McGee or the school district,” Storrs wrote. “We do not even know if a photo was provided, or possibly if there was just something described second hand. Ashley certainly had not made any student her ‘friend’ to enable access to her Facebook page.”

During the meeting, McGee allegedly told Payne that her online conduct was unacceptable and that if she did not resign, she would be suspended. McGee further advised that a suspension would adversely affect her chances for future employment. The filing states that McGee told Payne that she “could not win this” and that resignation was her best option.

As a result of the meeting, Payne resigned from the school system immediately.

The lawsuit states that Payne was not informed of her right to a hearing, nor was it disclosed that a suspension could only be for a period of ten days. As a result, Payne claimed her resignation was wrongfully coerced by McGee.

On September 17, 2009, Storrs wrote to the Barrow County School district requesting that Payne be provided with the hearing required by the Georgia Fair Dismissal Act.

Under the terms of the act, a teacher having an employment contract, must be provided with written notice of any alleged charges and allowed a hearing before the local school board to contest the charges.

On September 21, 2009, legal counsel for Barrow County Schools replied stating that Payne would not be allowed to rescind her resignation.

In court documents, Payne’s attorney accuses Barrow County Schools of acting in bad faith, failing to meet the requirements of the Georgia Fair Dismissal Act, being “stubbornly litigious,” and causing Payne “unnecessary trouble and expense.”

Payne is requesting legal relief in which Barrow County Schools will be compelled to provide written notice of the charges against her and arrange a hearing in which she is allowed to contest the charges. The lawsuit further requests that Payne be awarded full compensation under the terms of her contract beginning from the date of her “constructive termination” until such time as she is provided a hearing. Payne is also requesting her legal fees be paid by the school system.

Barrow County Schools public relations coordinator Lisa Leighton declined to comment on the pending litigation saying "We make it a practice to not discuss personnel matters in public. We do this to protect not only the system, but also employees and non-employees."

SCHOOL POLICY

At the time of Payne’s resignation, Barrow County Schools did not have a policy in place regarding social networking. The Board of Education is set to vote December 1 on a policy governing system employees’ interaction with students via Facebook, MySpace and the Internet in general.

The new policy prohibits employees from establishing personal relationships with students that are unprofessional.

The policy states in part: “Employees who post information on Facebook, MySpace or similar web sites that include inappropriate personal information such as, but not limited to: provocative photographs, sexually explicit messages, use of alcohol, drugs or anything students are prohibited from doing must understand that if students, parents or other employees obtain access to such information, their case will be investigated by school and district officials and if warranted will be disciplined up to and including termination, depending upon the severity of the offense.”

The policy further warns that the superintendent or his designees reserve the right to periodically conduct Internet searches to ascertain if employees have posted inappropriate material online.

According to Payne’s attorney, the proposed policy is “incredibly vague and overbroad.”

“It would bar a teacher from having a glass of wine at dinner in a restaurant, because a student might wander by,” Storrs said.

According to Leighton, Payne’s conduct at the time of her resignation was governed by the Professional Standards Commission Code of Ethics which mandates in part that “an educator shall always maintain a professional relationship with all students, both in and outside the classroom.”

Storrs maintains Payne did not violate the ethics code.

“There was no policy proscribing Ashley’s Facebook content and she did not post anything that was unethical or improper,” he said.

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#1 RC on 11/10/09 at 12:33 PM [Reply]

Doesn't surprise me at all. My kids have gone to Barrow County Schools their entire lives, and every time there has ever been a problem and we have had to go to the "higher ups", it always seems like they either have no clue as to what they are doing or talking about.

I have found through personal experience that most Barrow County School Administrators act on things that are more or less how they personally feel about things than how they should actually be.

If this teacher was on FaceBook and talking and having inappropriate relationships with kids, then fine. I see nothing wrong with having a page or even pictures of her having a drink. I would go as far as to say that well over 50% of Barrow County School kids parents drink at least occasionally.

If she had pornographic pictures that kids could see, that may be different, but here is yet another case where we read about a teacher being fired for nonsense instead of a story about how the school system is going to address this or that problem that us parents really want them to be working.

I hope this lady gets all she deserves and is able to go back to work. She can add my wife and I to her Face Book and we can all 3 have a beer and I will even let my kids see it. Well, maybe I won't do that, I don't want Barrow County to send me to the electric chair for being so irresponsible.

#1.1 Annie Omus on 11/10/09 at 01:59 PM [Reply]

The entire Barrow County BOE needs to be looked at very closely. They do alot of things that that are not legally correct. You have to fight the entire school system and BOE to get them to follow Federal Regulations that protect students. I know from experience that you have to hire legal advisors and advocates to make them act appropriately.

#1.1.1 Isee on 11/10/09 at 05:34 PM [Reply]

People.. please read the article! I clearly says there were no policies in place to enforce the termination of a staff member for social websites. Why was this teacher forced to resign over this issue then? Secondly, McGee never informed the teacher of her rights to a hearing nor what the TRUE consequences of her suspension would be 10 days. As Annie Omus states, the entire BOE needs to be looked into and I agree. The three schools my children went to in Barrow Cty have serious disregard for following policies, procedures and Federal regulations. This problem flows down hill from Superintendent Saunders, personnel at the PDC to the school administrators and teachers. Barrow Cty needs a major overhaul in their school system which begins by removing the Super. and his many family members that continue to drag down the integrity of Schools.

#1.1.1.1 1.1.1.22 on 11/10/09 at 07:02 PM [Reply]

i agrre from the super to his asst that micro manage to the head of h. r. to jake grant who is covering up all lot of mis deeds shall we say from passed management. be intresting to see what would come out of all of the boe and pdc where investigated special in the finacial office and lets not forget ms ann chronic. how these happen and she not aware of policy. as always the adminstration do what the do best is to do what they want and whats good for them.as long as teacher wasn't nudeshould not be a problem who on the board or at pdc have not been seen drinking in a resturant or been at a party along with being at party and picture taken or at a pool party picture taken and placed on facebook oh no can't have swim suit on at a pool party well some legal authority please investigate the oard and the admin people at pdc be intresting to here what employees have to say

#1.1.1.1.1 Annie O on 11/11/09 at 11:57 AM [Reply]

Another article states Asst Principal Mansberger assisted Ms. Payne in writing a resignation letter. My dealings with Ms. Mansberger has shown me she is deceptive and this was brought to McGee's attention. Nothing was done about it and of course no response from MCGee. Mansberger is clueless when it comes to school policies but yet she keeps sticking her nose in places where it doesn't belong. She will tell you at the beginning of the conversation that she does not handle this situation; another Asst. Principal does, but then gets mad and quotes from the Asst. Principal for Dummies manual about something that is totally irrelevant. She won't shut up either and will talk right over you. When you go over her head to McGee to get the question answered, she flat out lies and says that she told you this same answer. She is a rotten apple and I wouldn't doubt she had her hand in the firing and misrepresentation of facts for Ms. Payne.

#1.2 confused on 11/10/09 at 07:48 PM [Reply]

question for the citens in barrow couny how is it that continue to allow the dr saunders and is staff do whatever they want to employees,further more they had a person in management spend tax payers money where ever he wanted too. allow other people intimadte other employees to leave example rumor has it that 1 position in the county has had at least 8 people work in that position in the last 5 yrs something wrong there. also how can hr dept allow this the head of hr plays favorites with her family and in laws. hows that work i'd like a job please. how is it that a employee goes out on medical leave and the 91 st day gets a pink slip in the mai. why not vote this folks out nd fire the hole staff at pdc. how is it that family members can retire and then continue to work for the boe on part time basics can i have a job please why is it state offical not investigateing the boe and its staff at pdc. lots of questions ut whos gonna answer these questions. as for the teacher sueing don't give into the board, please don't settle out of court let the processing run its course and let the citens of arrow county see how the boe and pdc work

#1.2.1 bkc on 11/12/09 at 11:00 AM [Reply]

This isn't only at AHS - it's happened at WBMS also. Their receptionist with 14 years in Barrow County was demoted to para-pro because the new principal didn't like her. Another employee there was let go while on medical leave because the new principal wanted to put someone else in that position. Barrow County thinks they can do whatever they want and no consequences. Personally, I'm glad things are finally come out in the open!

#1.3 Alan on 11/11/09 at 06:00 AM [Reply]

MS ASHLEY YOU WILL BE FINE, IT IS JUST THAT EVERY ONCE IN A WHILE SOME PLACE OF BUSINESS SAYS,THIS IS A RIGHT TO FIRE STATE. THEN THEY PICK SOME ONE THEY THING WON'T PUT UP A LEGAL STINK. WELL YOU GO, ALL WILL BE FINE.

#2 Big Bill on 11/10/09 at 01:29 PM [Reply]

Teachers are so stupid. And, this drunken goonion member deserved exactly what she got. Let her sue her skirt off. See just how much blood-money a sober jury awards her.

#2.1 Anonymous on 11/10/09 at 05:03 PM [Reply]

I'm guessing you didn't do so well in school and blame the teachers. Or maybe it's that you have never traveled and are a little jealous.

You go to Germany, you visit the brewery, You go to Italy, you visit the Vatican and the wine region, you visit France you visit the art galleries and the wine region, etc..... She did nothing wrong.

And I know from experience, that Barrow County School administrators DO threaten you and your certification if you don't resign. (been there - done that - refused to resign - let them fire me)

#2.1.1 MKR on 11/10/09 at 06:46 PM [Reply]

Your guess would be incorrect. Phi Beta Kappa, Magna Cum Laude

#2.1.1.1 Anonymous on 11/11/09 at 07:42 AM [Reply]

So are you blogging under two different names? Big Ben and MRK?

#2.1.1.1.1 Big Bill on 11/11/09 at 02:51 PM [Reply]

And, the next time I'd be "jealous" of a schoolteacher would be the first. Education majors were, typically, the dumbest students I encountered. It's great that they have summers off to go traipsing around Europe, getting likkered up, and bragging about playing "bitch bingo" (whatever that is). As for blogging under another name, put the blame on software that governs the Reply function. But, don't let that procedural snafu throw you -- since your 2 guesses were so far off the mark.

#2.2 MKR on 11/10/09 at 10:51 PM [Reply]

Teachers are a very important part of our childrens lives. To call them stupid is way out of line. They have a right to a life outside the classroom. It seems to me that the school board severly over-reacted in this case. Thankfully they can't all grow up to be Winder based attorney's who failed to get elected to the county commission...

#3 Tammy on 11/10/09 at 02:50 PM [Reply]

This is like everything else about BCS. The administrators and everyone else thinks they know what is best for everyone around them. They can't go a day without pushing their morals and beliefs on everyone, including the students. And God forbid if you don't follow what they say. Don't get me wrong, the schools are great and some of the teachers are wonderful...but for the most part it is like having your children go to a dictatorship school. They need to get off their high and mighty butts and stop telling everyone else what to do and how to do it. Stick to teaching and let us raise our own children, and raise them how we want to, not how you want to.

#4 A on 11/10/09 at 06:31 PM [Reply]

Teachers have a right to a life outside of school. As long as she didn't break any laws, it is not the BOE's business what she is doing after hours. The lady is over 21 and has the right to drink in public and shouldn't have to worry about a picture showing it...unless the pictures are lewd or show her drinking with students it is not the parents or BOE's business.

#4.1 RC on 11/10/09 at 08:50 PM [Reply]

Exactly! Well said in a short sentence. I wish I had just said this instead of all the jabbering I did.

#5 Tammy on 11/10/09 at 08:23 PM [Reply]

I have tried to get people together to fix the BCS, but nobody wants to get involved. They tell me..."as long as my child is getting educated, they don't want to be bothered with anything else".
Well, there is more to schools than getting educated. It is being treated with respect, being treated fairly. School is more than reading books and doing math. School is not about treating our children like prisoners, like theya re just a number and teachers are there just to get a paycheck.
If we want something done, we need to ban together and demand changes.

#6 Apalachee Student. on 11/10/09 at 09:37 PM [Reply]

I'm a student a AHS and honestly Mr. McGee is a horrible principal he doesn't care what the students do as long as no violence in happening, Kids will walk by him on their cell phones and cussing at other kids and he won't do a thing. Mr Ruma is one of the Vice-Principals and he would be a way better Principal.

#6.1 Another Apalachee Student on 11/12/09 at 12:00 PM [Reply]

Really?? You don't think that Mr.McGee is a good principal? Yeaah maybe this was a bad decision on their part but it doesn't mean Mr.McGee is a horrible principal. He has done a lot more for this school than any other principal. He has united the student body. So maybe before you start bashing think about everthing he has done prior to this incident.

#7 Anonymous on 11/11/09 at 08:06 AM [Reply]

Looks to me like McGee should go back to being Coach McGee and leave the big boy jobs for those who can handle it properly.

#8 Outraged on 11/11/09 at 08:15 AM [Reply]

What next? Mr. McGee and the BOE coming into your home, saying "We don't approve of that R-rated movie or We don't like you subscribing to that magazine."

This is complete BS. This former teacher is going to cash in big time.

#9 A on 11/11/09 at 08:31 AM [Reply]

I agree with the above statement about the teacher should have her own life as long as it does not affect her teaching skills! However why are teachers allowing their students to become their "friends"? I mean it is to much to just not accept? When they decide to become teachers Hopefully they are doing it for the children and not to have summers off! So there for they should really think twice what they chose to display on the internet anyway.

#9.1 bob on 11/12/09 at 01:54 PM [Reply]

Did you even read the all the info on this. A parent who was not one of her Facebook friends somehow found the picture. She had no students as her Facebook friends. The law required her to be couseled to outline her rights. They did not do that and are in violation of law. period!

#10 Carol on 11/11/09 at 10:34 AM [Reply]

I don't think Ms.Payne would be happy being reinstated because when McGee gets it in for you, you will be gone whether good or bad. He thinks he is always right but I know for a fact that he does lack intelligence in certain areas. My granddaughter attends AHS. She said McGee said he was their friend. He needs to be their principal because she has enough bad friends there as it is. I also have a problem with a non-certified employee issuing discipline on students at one middle grade even though her mother is on the board. I agree to the reply about teacher's lives outside of school. Really, what's the difference in holding a glass of ???, not knowing where she drank it or not, than knowing there are teachers who are living at home with the opposite sex, outside of marriage, or same sex living together unmarried. Students know what goes on with teachers. But if these people can drink outside of school, have a live-in companion and not influence these students leave them along if there school performance is
teaching their subjects to the best of their ability

#11 Annie Omus on 11/11/09 at 10:37 AM [Reply]

The article states that Ms. Payne was escorted immediately to Asst Prinicpal Dorann Mansberger's office. Why would the meeting be held in her office and not Mr. McGee's office?
Mrs. Mansberger is one of the most incompetent Adminstrators that I have ever had the dis-pleasure of meeting. She has serious problems with working in a professional manner and if you question anything she says she keeps repeating herself as if she reads from an Assistant Principal handbook for Dummies. She has no comprehension skills and all she can do is repeat her first reponse no matter how off subject it may be. I wouldn't doubt if she were the one who co-erced Mr. McGee into terminating Ms. Payne as she comes across as very hostile and vindicative when you go against her or question her responses. She needs a fast ticket out of the school but I am sure that won't happen. There are quite a few teachers along with Mansberger that need to be terminated but they keep these trouble makers on board anyways.

#12 Tiffany Gordon on 11/11/09 at 04:59 PM [Reply]

So this what really happened to her huh?
Hi my name is Tiffany Gordon I had in her in 9th grade lit.This year I had her in 10th grade lit.I was happy to have her again at the begining of the year, then one day all the wonderful things on her wall were gone. We went two weeks and we didn't hear a thing. Then one day Mr. McGee came in to our class and told us that she had resigned for personal reasons. Which has now become obvious that it was a lie. I do not find it a surprise that Ms. Mansberger was involved in it because it was a well known fact to all of Payne's students that Ms. Mansberger did not like Ms. Payne and did not want her to teach there anymore. I know this because some time last year when I asked her how I could get into her 10th grade class she said, "You will have to send an e-mail to the school. Yeah, please do that 'cause maybe that will prove to Mansberger that I am a good teacher. She doesn't like me very much." That just proves that Mansberger was probably looking for a way to fire her. And by the way, there is more profanity in the books that we are forced to read by the school, and it is usually worse, than just saying the "b" word. I hope this proves a point.

#13 sr on 11/11/09 at 05:23 PM [Reply]

I agree that the Barrow County BOE and administrators ALL need to be looked at. Mr.McGee has a history of asking teachers to resign thinking he knows what is best for others when in fact he doesn't have a clue. I was a victim of Mr. McGee a few years ago and he does not need to have the power to cause good teachers to leave our system. The BOE doesn't have a clue about running a school system, to my knowledge none of them have any back ground in education. I hope this lady gets everything she is asking for and if she is smart moves on to another county. I support her 100%.

#13.1 Robert Friedman on 11/13/09 at 02:20 PM [Reply]

Anyone with information regarding prior incidents involving McGee requesting that a teacher resign is highly encourage to please contact me at Storrs & Woodland, LLP. I work for the firm that represents Ms. Payne. I can be reached at 404-888-9600 or by email at rnfried@gmail.com.

#14 Fight For Your Rights on 11/11/09 at 05:53 PM [Reply]

If what the teacher and her lawyer say is true, McGee, Saunders and the school system is in trouble.

I realize there is always two sides to every story. However, with the school officials hiding under the cover of darkness, it only makes them look like the guilty ones.

I would hope there is more to a teacher being forced to resign than having a photo on a personal, non-school related website of her with a beer in her hand and for the word "bitch."

Please tell me there is more than that. If not, the taxpayers are in for another hit on this.

#14.1 Annie O on 11/12/09 at 08:41 AM [Reply]

Fight for your Rights.. I beleive the school officials hide under the cover of darkness because Saunders will say it is a personnel issue and they cannot discuss it. However, I do feel they should at least come out and say they take the allegations seriously, they are investigating and the reason why they cannot comment. At least that way the taxpayers have a "sense" of feeling they take this seriously.

Taxpayers have already been hit by this issue since the Article states Legal Counsel replied to Payne's attorney they would not rescind the resignation. Barrow BOE more than likely hired a Real Estate Attorney for this issue as they have made that mistake before and it cost the taxpayers money for their atttorneys lack of knowledge in Civil issues. At least Ms. Payne was smart to get an attorney outside of Barrow County! Smart girl for that!

#15 Tammy on 11/12/09 at 09:15 AM [Reply]

Its funny how the administrators, teachers and everyone else in the School District do not follow the same rules and regulations like the students are suppose to follow. They complain to the parents that their children are not following the rules and then they do worse than the students do. If they expect the students to respect the rules, then they need to be held accountable for not following the rules too. If they tell the students no opened toed shoes, then the teachers should not be allowed to wear those type of shoes either, if the teacher says no talking on your cell phones, or don't bring a cell phone to school, then the teachers, principal and everyone else shouldn't talk or bring a cell phone to school either. If we foolow the rules, then don't you think the students would follow the rules too? Lead by example!!!

#15.1 S.R on 11/12/09 at 12:40 PM [Reply]

Tiffany, you just backed me up on my view point of the books they let you kids read in school are far worse than what was on her website. I think the board should look at what they are allowing/requiring the students to read in class before they throw blame at a teachers website. Sounds like they are being hypicrital to me.

#15.2 MKR on 11/12/09 at 01:47 PM [Reply]

Tammy, you apparently haven't learned that as a child, there are rules that you have to follow. Parents and teachers expect you to follow the rules "because they said so." The rules are set by your parents and your teachers. The rules are teaching you discipline. Unfortunately, from your point of view, your parents and teachers don't have to follow the same rules you do, in regards to the standards you mentioned. This is also one of life's lesson. The lesson is this; life isn't always fair. Its not a matter of leading by example, its a matter of "do what you're told". When you become and adult/parent you will understand. Give it time.

#16 A on 11/12/09 at 01:42 PM [Reply]

You seem to miss the point that the lady was following the rules. To our knowledge she didn't break any laws(rules)or code of ethics. She is over 21, not drinking on school property or during the school day, and she is not promoting drinking in her classroom.
I think someone needs to look into how AHS got the pictures and onto her facebook page. If her page was marked private and she wasn't friends with parents or students, then her page wasn't public knowledge that just anyone could have viewed. Did someone break a rule(law) and hack into it? There may be charges to file...There is definately an invasion of privacy...what does the actions of this person teach our students?
Regardless, Barrow County's over zealousness is going to run off teachers...you are going to be left hiring the teachers that can't find jobs elsewhere.

#17 Professor Eugene V. Solot on 11/12/09 at 03:29 PM [Reply]

The deplorable condition of our education system is one of the main reasons our country is in such a financial and foreign relations mess that it is in. A school district that has nothing better to do than to pry into private lives of its teachers in a manner worthy of the East German Communist Secret Police is one of the reasons our education system is in crisis. A good example to set Barrow County make teachers feel at home by having the Gestapo oversee their every move. If you fired every teacher who drank a glass of beer or wine you would have no teachers on your staff. What next video cameras in every teachers bedroom?

#18 citzen on 11/12/09 at 04:22 PM [Reply]

I do not agree with BCS what you do on your own time is your business .BCS can not tell you that you cannot have a Facebook page or Myspace or that you cannot have a drink .If you do this when you are not at work it should not be a problem .Also I do know alot of people getting paid alot of money for doing hardly any job at all .Also school bus drvers have a hard job they drive a bus plus make sure kids are behaving .Now days you have kids that are very disrespectful they do not get enough thanks for what they do or enough pay .This teacher did no wrong she was on her own time and she was not involved with another student .So BCS needs to back off and let her get on with her life .Its time that all BCS employees stand up and tell the way you feel .

#19 Ron on 11/18/09 at 08:24 AM [Reply]

Unbelievable! What is it with the BCS? are they living in the 1950s'. Even Jesus was ok with wine ,but these holier than thou hypocrites don't want you to remember that. Ga is usually at the bottom in our educational success statistics, now were running off good teachers because of a photo of one with a wine glass in her hand taken in Europe last summer? Just what the hell is going on here? How can that possibly affect her performance in the classroom? Why are these ignorant people in charge of ruining her career? Good luck young lady, your rights to privacy have been trampled into the Barrow county dirt.

#20 lauren on 11/19/09 at 09:15 AM [Reply]

On a Monday, this teacher came into class stating she had a bad hang-over from the weekend and they would not have class so they could put their heads down or do whatever they needed to do. She crossed the line when she allowed her students to be aware of her problem. I think I would have called in a sub and kept my mouth shut. Some people do get mouthy when they have a lot to drink. Personally, I cry. Who's crying now?

#20.1 sideshowbob on 11/19/09 at 11:34 AM [Reply]

If you are a student of Ms. Payne, then you are too young to drink. "Some people do get mouthy when they have a lot to drink. Personally, I cry."

And since you admitted to breaking the law by drinking as a minor, you REALLY don't have room to talk.

My take on your comment. If you were a student in her class, you probably didn't get a good grade and have a score to settle. You aren't a student at all; maybe the person who sent the anonymous e-mail.

#20.2 That's Right on 11/19/09 at 02:53 PM [Reply]

Who's crying now? Soon to be the Barrow BOE!

#21 LITTLE ME on 11/20/09 at 08:25 PM [Reply]

WHY DO PEOPLE IN THE SCHOOLS THINK THAT THEY ARE ABOUT THE LAW. RULES ARE RULES.

#22 Anonymous on 01/04/10 at 07:45 PM [Reply]

This teacher did nothing wrong. I wouldn't let my kids go to any Barrow school.

#23 amy on 07/14/10 at 05:08 PM [Reply]

cool

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