Storrs: BCS unwilling to settle

According to Storrs, he proposed a settlement in which Payne would have received back pay and some legal fees, but the school system refused to accept it.

Storrs, who describes Payne as bright and intellectually curious, said the more he learns about his client, the more he believes her treatment at the hands of the school system is a “travesty.”

“Here’s a young person who at worst made an error in judgment,” Storrs said.

That error in judgment, posting vacation pictures on her Facebook page, led to Payne being “constructively terminated,” he said.

After a European vacation last year, Payne posted photos which showed her holding what appear to be alcoholic beverages.

On the morning of Aug. 27, 2009, Superintendent Ron Saunders received an email from an individual claiming to be the parent of an AHS student. The email stated that Payne had “unacceptable pictures of herself smiling with alcohol for all her online friends to view” and had used profanity on her Facebook page.

Within hours, Payne was called to meet with Apalachee High School principal David McGee and assistant principal Dorann Mansberger regarding the complaint.

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.

During recent depositions, McGee admitted suggesting that Payne resign and that he did not discuss Payne’s options regarding a disciplinary hearing. McGee also admitted that he did not know who sent the anonymous email complaint and did not attempt to learn the identity of Payne’s accuser.

As a result of the meeting with McGee and Mansberger, Payne tendered her resignation. She subsequently claimed she 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.

In the school system’s response to Payne’s lawsuit, McGee denied warning Payne that a suspension would adversely affect her chances for future employment and maintained he did not tell her to resign.

Payne’s suit accuses the Barrow County School system of violating the provisions of the Georgia Fair Dismissal Act.

Payne has requested legal relief in which Barrow County Schools would be compelled to provide written notice of the charges against her and arrange a hearing in which she will be allowed to contest the charges. Payne further requested her legal fees be paid and that she receive 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.

Storrs said he is actively working to schedule a hearing in the matter.