BCS responds to teacher lawsuit

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 further alleged that Payne had done an “exemplary” job and had been “well-received by her co-workers, students and supervisors.”

In their response to the lawsuit, the Barrow County School district denied “that Plaintiff has done an exemplary job and denies that Plaintiff has been well received by her supervisors.”

The response further stated that specific instructions had been provided to teachers at Apalachee High School warning against unacceptable online activities.

In the court filing, the school system alleges Payne’s Facebook activity “promoted alcohol use and contained profanity” which was viewed by a student.

Payne denies that any student or parent of a student had access to her Facebook page.

“She was not friends with any student or parent,” said Richard Storrs, Payne’s attorney.

The school district insists that Payne requested to resign and was asked if she wanted time to consider her decision.

Storrs maintains his client was constructively terminated.

“Ashley did not jump at the chance to resign,” Storrs said. “She reluctantly resigned after being ambushed at the schoolhouse door, and when she was told that she would be immediately suspended if she did not resign, and that suspension would adversely affect her teaching career.”

While admitting that Payne was not informed of her rights to a hearing, the school district claims the advice was not required since Payne had already asked to resign.

In her resignation letter, Payne wrote that she was resigning for personal reasons. The resignation states, “I am currently attending graduate school and I plan to return to the teaching profession in the future.”

In their response, Barrow County Schools demands that the lawsuit be immediately dismissed since Payne’s resignation was voluntary and not coerced. The school system is also requesting that attorney fees and expenses be awarded.