Clover Park official alleged district demoted her after injury. She settled for $2.5M [The News Tribune (Tacoma, Wash.)]

Mar. 2—The Clover Park School District Board has agreed to pay a former assistant superintendent $2.5 million to settle her federal lawsuit alleging officials discriminated against her after a head injury and demoted her through a series of unnecessary organizational changes following her complaints of harassment.

The District's board of directors voted unanimously to approve a settlement with student services director Kristi Smith, 54, at the end of their Feb. 13 meeting. Smith agreed to immediately go on paid administrative leave and resign effective at the end of September, according to documents provided by Smith's attorneys.

"State and federal laws are designed to protect workers just like Ms. Smith," said attorney Eric Gilman of Beck Chase Gilman PLLC in a statement. "You shouldn't have to worry about losing your job or career because of a short-term injury or illness."

The School District paid Smith a lump sum of $465,000, while the Washington Schools Risk Management Pool, an insurance provider, paid her $1.875 million, according to the settlement paperwork. The remaining $160,000 covers Smith's salary and benefits through her period of paid leave.

The case was set to go to trial in March after U.S. District Court Judge John Chun ruled against the District's arguments to dismiss the case in December and found Smith had "sufficient evidence to establish a discrimination claim."

One example, according to Chun, is a memo Superintendent Ron Banner wrote to the school board opining the School District should transfer some of her responsibilities to a colleague "to ensure consistency in leadership." Chun also cited a sticky note Banner wrote describing a job duty change for Smith shortly before her return, which he placed on a letter from Smith's doctor outlining the accommodations she'd need.

In court papers, the School District has cited "educational business" factors in its decision-making and maintained officials acted in the District's best interests. Officials conceded that the administrative reorganization was not a response to additional administrative functions and did not save money.

The District also conceded during the court of the lawsuit that Smith was able to perform her prior essential job functions with reasonable accommodations. Smith first filed the lawsuit in Pierce County and it was transferred to federal court last year.

The School District wrote in a statement that the board of directors agreed to a settlement to avoid the risks of costly litigation. The District declined to comment on the facts alleged in Smith's lawsuit.

"Clover Park School District denies liability for the claims asserted against it, but desires to fully and finally settle all claims given the risks and expenses associated with litigation," the District wrote in a statement to The News Tribune.

Smith's discrimination case

According to court documents, Smith joined the School District as director of Teaching and Learning in 2014. By 2017, she was promoted to executive director and joined then-Superintendent Debbie LeBeau's council of close advisers; the following year she became an assistant superintendent.

After LeBeau retired, Ron Banner, her deputy superintendent, was selected to fill the role ahead of the 2019 to 2020 school year. According to court papers, Banner did not name a new deputy but handed off the majority of his responsibilities — plus his old office — to Smith. Toward the end of the school year, Smith said in a deposition that Banner expressed he wanted her to eventually fill the deputy role.

Then, Smith suffered a "significant head injury" in her home in August 2019, according to court papers. Smith struggled when she tried to return to work and complained of harassment by colleagues, including in a September letter reporting "targeting behaviors from members of the district."

Smith alleged in her lawsuit that other employees openly speculated she was faking her injury, avoided interacting with her and excluded her from administrative communications which undermined her work. She also said employees circumvented her authority and demeaned her publicly.

Smith later went on full-time full-time medical leave from September to January 2020, when her doctor cleared her return with specific accommodations, including LED office lighting, light-filtering screen protectors and a reduced work schedule.

But on the day she came back, Banner and Human Resources executive director Lori McStay told Smith they were transferring responsibilities under her specialty — Teaching and Learning — to another assistant superintendent, Brian Laubach, in exchange for new duties with Student Services.

According to court papers, Laubach had previously served as a deputy superintendent but was demoted by LeBeau in 2017. The following school year, Laubach was put on a performance improvement plan and LeBeau tapped Banner to become her deputy.

Smith's lawsuit alleges Banner already decided to elevate Laubach over her before she returned to work in January 2020 and didn't provide an "interactive process" to identify accommodations as required by state law.

After explaining to Banner that Teaching and Learning — the department she was hired in— was her passion, Smith alleged in her lawsuit that the superintendent asked her if she was "afraid to learn something new."

"Smith never requested the removal of Teaching and Learning as an accommodation, nor did the District ever ask her if she wanted or needed that change as part of the reasonable accommodations process," Smith's attorneys wrote in court papers. "... In fact, Smith had almost no experience with Student Services and found it particularly difficult to learn the new job given the cognitive challenges she continued to experience while recovering."

About two months later, court papers show, Banner told Smith the district was eliminating her assistant superintendent position through a "reorganization" and moving her into the role of student services director. As a result, her title was two notches lower, her salary decreased by nearly $28,000 and she had to give up her office to Laubach because he was being promoted to deputy superintendent.

According to court papers, Banner promoted another administrator to Laubach's vacant assistant superintendent slot. That person later resigned and Smith asked to be appointed, but Banner chose to post the position for external applicants.

Smith's doctor cleared her to return to a full-time schedule beginning in April 2020, according to court papers. In subsequent months, Smith made written and verbal complaints with the District and filed a discrimination charge with the Washington Human Rights Commission in June 2020.

Smith alleged in court papers that the District didn't properly investigate those complaints, which cited harassment, discrimination and a hostile work environment.

Rather, Banner requested an investigation of another employee who spoke up about how Smith "fell out of favor" with the School District after her head injury, according to court papers. The employee filed an official complaint against Banner after his request for an investigation and reported that other administrators, including herself, mistreated Smith.

Smith's attorneys wrote in a statement that she was pleased with the settlement and eager to move on. As a part of her agreement, she can't apply to positions within the School District.

"I've always loved working in Teaching and Learning," Smith said in a statement. "Before my injury and the fallout, I planned to work at Clover Park until I retired."

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