Saturday, October 02, 2010

Activity in Cowan Case

There has been some recent activity in PL Dunbar High School Counselor Jill Cowan's suit against Fayette County Schools Superintendent Stu Silberman, former FCPS Middle School Director Michael Ernst, and Jesse Clark Middle School Principal Lisa Goodin.

KSN&C Backstory, then here, and here.

Cowan sued the Fayette County Public Schools about a year ago, alleging she was denied an opportunity for promotion and that the denial was somehow related to an unwelcomed advance from her superior. The case resides in Ernesto Scorcone's Fayette Circuit Courtroom.

In August, Charles W Arnold entered as a new lawyer for Cowan joining J Robert Cowan, Jill's Ex-husband.

Goodin's attorney filed a motion arguing that Cowan had been too vague about her allegations. Judge Scorcone agreed and Cowan had to submit an Amended Supplemental Complaint. In that complaint, Cowan alleges that she "made various complaints of unlawful treatment" prior to the filing of her lawsuit. That she...
  • applied for various positions
  • was qualified
  • was not selected
  • not selected because of her prior complaints
  • applied for multiple promotions after the suit
  • defendants failed to place her in any of them

Here's the list of positions for which she applied:

  • April 2009 - all elementary elementary school principal positions (generic); not interviewed
  • April 22, 2009 - Middle school Associate Principal
  • April 22, 2009 - Middle School Principal
  • April 22, 2009 - FCPS .5 Program Director for Middle College/.5 Middle School Director
  • April 22, 2009 - FCPS Program Director Middle School/high School (Learning Center @ Linlee)
  • May 15, 2009 - Associate Principal @ Lafayette High School
  • May 22, 2009 - Associate Principal @ Dunbar High School
  • During 2010 - Principal @ Meadowthorpe Elementary, Southern Elementary, SCAPA, LTMS, Southern Middle and Associate Principal @ Lafayette High School and Leestown Middle School.

She was apparently included in the generic principal screening, but no further interviews.

Cowan claims that her current husband, Bryan Station Middle School Associate Principal Max Doak, was also retaliated against as a result of her complaints.

The more I learn about this case the harder it is to figure out who to root for.

On one hand, I can't find anyone willing to say that Jill Cowan has what it takes to become an effective principal. That would usually stop my interest in a complaintant right there. I can't see where Cowan was owed an interview. If Goodin or Silberman did not see her as a finalist for a principalship she shouldn't have been interviewed. It would have been insincere. Clearly, the district can't (and shouldn't) guarantee every current employee an interview. Lots of folks are good at their current jobs but lack the skills to lead a modern school effectively.

On the other hand, the way the district handles its human resources functions these days leaves cause for concern. During the Petrilli case, Silberman and is deputies revealed that principals were not marked down on their evaluations, something they subsequently changed, once KSN&C made the fact public. In this case, there's talk about destroyed employment documents. Add to that the H-L report that Cowan contacted the school district's civil rights compliance officer on April 11, 2008, only to be suspended from her job the same day. Or that in denying Cowan an interview, Goodin told her that she intended to hire a man, was only interviewing men, and that a man had, in fact, been hired.

Will maladministration cause the district to lose a suit it should otherwise win easily?

Stay tuned.

10 comments:

Anonymous said...

For the sake of decency, I pray Cowan wins. You say you could not find anyone who agreed Cowan would be an "effective principal," but look at Silberman's appointee Michael Ernst, whom you dismissed as "gone" in an earlier post. Was this man who tried to hit on gay faculty members "fit" to be director of middle schools? Ernst had a filthy mouth, showed preference to people like his friend Michael Bayless, and as was indicated on at least one television station, had sent off emails about "fat" faculty members. Could Cowan, in a position of authority, be any worse than he?

I am staying tuned, Richard. I know what goes on in Fayette County Schools, and I know that Stu hates this type of publicity, but the truth is: under Stu's watch, several people have been wronged. Cowan is one one of them, and so was Petrelli.

Anonymous said...

In my last post, I confused Cowan with Goodin. I am rotting for Cowan, the guidance counselor, not Goodin her principal.

Richard Day said...

For all the reasons you state, I couldn't defend Ernst. He certainly deserved what he got.

But more broadly, I think there are many fine principals in Fayette County. I'd like that to be
true in every school. It's not an easy job but I think we have to assume that Silberman only wants effective principals, as we all should.

My complaint is with the seemingly casual relationship FCPS has with the rules when it comes to personnel matters. It seems to be personality-driven, and that road leads to favoritism and caprice, not justice.

For instance, were documents the state requires the district to maintain, shredded in the Cowan case? If so, who ordered them to be shredded and is there a consequence for that?

I'll see where the story goes and print it. I don't have any interest in making Stu crazy with "bad publicity," but neither am I interested in giving him a pass.

Anonymous said...

How do we find out when this case will be tried at the courthouse? And will Scorsone recuse hinself from the case since two of those involved in the case are gay?

Richard Day said...

They're hearing motions now. A date has not yet been set. When it is, I'll try to find out in advance and make it known.

But Scorcone recuse himself? No. Why would he?

Assuming he has no personal involvement or knowledge of the case - he shouldn't. Assuming his impartiality has not been compromised - he shouldn't. Assuming he has no financial interest in the outcome of the case - he shouldn't. Assuming he has not previously represented Cowan, Goodin, Ernst or Silberman - he shouldn't.

Judge Ishmael did not recuse himself in Pertilli v Silberman and so far as I know they are all heterosexuals.

The fact of one's homosexuality does not render one incapable of being impartial.

Richard Day said...

They're hearing motions now. A date has not yet been set. When it is, I'll try to find out in advance and make it known.

But Scorcone recuse himself? No. Why would he?

Assuming he has no personal involvement or knowledge of the case - he shouldn't. Assuming his impartiality has not been compromised - he shouldn't. Assuming he has no financial interest in the outcome of the case - he shouldn't. Assuming he has not previously represented Cowan, Goodin, Ernst or Silberman - he shouldn't.

Judge Ishmael did not recuse himself in Pertilli v Silberman and so far as I know they are all heterosexuals.

The fact of one's homosexuality does not render one incapable of being impartial.

Taylor Staples said...

I believe this case should not even be in the courts because no where has there been any statement of Cowan's strengths, abilities, or qualifications for the jobs in which she is applying. I feel that if she wants to have a fair court case she needs to state why she believed she was qualified for the postitions for which she applied and she should state why she believes she was not considered for the positions. If she did not have the qualifications then not being granted an interview is no reason for a lawsuit against the fayette county school board.

Anonymous said...

I feel the case needs to come before the courts, and we need to find out why Cowan was suspended for speaking with the equity coordinator, and we need to find out whether she was indeed sexually harassed by her principal and the former director of middle schools.Let the truth be known.

Anonymous said...

Richard, you definitely have a point with the administration playing fast and loose with personnel. Word has it that Scott Hawkins, the former high school director and now the superintendent in Woodford, didn't even meet the minimum qualifications for the director job....so how did he get it??? Why does the superintendent get to do this? Who will hold him accountable? It's a disgrace!

Anonymous said...

I believe Ms. Goodin said she was only interviewing men. Those that know Goodin, know that she is a bully and thinks that she can say and do what she wants to her staff because Stu has allowed her do it! This is the second discrimination suit against Goodin. This has to end, and Barbara Conner the Equity Officer is a joke! She is just Silberman's puppet, she does nothing about equity complaints by staff, check her records, this is a fact.