Winslow files appeal in Cole County Circuit Court

By Neal A. Johnson, UD Editor
Posted 6/3/20

Long-time Linn R-2 Elementary Principal Lorie Winslow on Monday filed a petition in Cole County Circuit Court against the Linn R-2 school board asking for a review of the board’s May 18 …

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Winslow files appeal in Cole County Circuit Court

Posted

Long-time Linn R-2 Elementary Principal Lorie Winslow on Monday filed a petition in Cole County Circuit Court against the Linn R-2 school board asking for a review of the board’s May 18 decision to terminate her employment.

According to the petition, filed by attorney David J. Moen, Winslow proved at the closed meeting held May 14 that Superintendent Dena Smith retaliated against her by filing charges that the principal violated board policies 4630 and 4860 by “communicating with two school board members about serious health and safety issues that the superintendent was refusing to address.”

Winslow argues that after the school by a 5-0 vote to terminate her contract, the respondent issued its findings of fact, conclusions of law, and decision, which state the petitioner willfully and repeatedly violated board policy, and specifically finds that the superintendent did not retaliate against the petitioner.

However, the petition states that, based on the undisputed evidence, the petitioner did not willfully or persistently violate the noted board policies as alleged in the statement of charges, and that the respondent retaliated against petitioner.

According to the filing, “The decision by respondent board to terminate plaintiff’s employment must be reversed because the decision was made in violation of board policies, Missouri statutes, the Missouri Constitution, and the U.S. Constitution by denying her equal protection under the law; was made in excess of the authority and jurisdiction of the board; is not supported by competent and substantial evidence on the whole record; is unauthorized by law; was made upon unlawful procedure and without a fair hearing; was arbitrary, capricious, and unreasonable; and involves an abuse of discretion.”

Winslow requested the court to review the record and reverse the decision of the school board, and for an award of her attorney fees pursuant to Chapter 536, and for such other relief as the court deems just and proper.

The petition will be reviewed by Judge Daniel R. Green.