A Loudermill hearing is part of the “due process” requirement that must be provided to a public employee, prior to imposing of severe discipline or dismissal. An employee is notified by the employer in writing of the accusation. Then, a date and time are set. At this informal hearing, the employee is given the opportunity to present his/her side of the story, prior to the employer’s decision on discipline.
These hearings are held at the District office. In attendance for the district is the solicitor, the Director of Human Resources, and the principal of the building where the accused works. Sometimes a board director will attend. The accused is in attendance with his/her union representation. During the hearing (typically an hour), a court reporter takes a transcript.
From 2009- 2014, The Coatesville Area School District had 5 Loudermill hearings (approximate average: one per year). These hearings were for egregious actions, such as watching porn during school hours, no call no show, assaulting a principal, misappropriation of funds, and inappropriate contact with a student, non-sexual.
Since 2014, there have been 51 Loudermill hearings held at CASD (approximate average: one per month.)
So, you ask what have been the results of these Loudermills?
Two of the fifty-one led to termination. One of which was won in arbitration and the teacher was reinstated. The other one, was given back pay. Others have resulted in anywhere from 2- 30 days of suspension without pay. Others received a letter of warning in their file and some did not receive any discipline.
For example: One person who did not complete IEP’s got a 2 day suspension. Another person who did not complete IEP’s, got a 10 day suspension, they had a second hearing after still not completing IEP’s, the result of this hearing was a 20 day suspension, the member resigned while serving the 20 day suspension. The case of "spreading rumors" was given a 30 day suspension by the district. A settlement was reached and the member served a 10 day suspension. The person who talked about having a Loudermill hearing, was given a 10 day suspension for it.
The district pays for the solicitor and the court reporter in all cases. If a settlement agreement is reached, the district pays the solicitor to develop the agreement and communicate with the attorney for the union.
These
hearings are one reason that teachers feel intimidated and feel like they teach in a hostile environment.
Imagine, going to a Loudermill hearing, a hearing that is meant for you
to explain why you should not be terminated, for tapping a student on
the head to say “Good job”. Or not reporting that a student had Tums in
their bag immediately, instead of in the middle of the day. Having a
hearing to explain why the district's firewall did not prevent an
inappropriate ad from appearing as you show a video that is part of the
curriculum. Then you sign a settlement agreement that states this is all
confidential. What if you do make a mistake, an honest mistake?
Written By Lyryn Yacoe
This contributes to the bloated legal fees that were over $600,000 only 3/4 through the year. Once again, the board needs to take control! First, the Superintendent should be required to submit a written report to the full board outlining the infraction. The board should determine if the infraction warrants a hearing. Second, before any consequences are implemented, the board should receive a copy of the transcript and have to agree the ‘punishment fits the crime’.
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I think of the custodians who stood st the back of the auditorium during a tense time in our recent past. Some was even assigned to that area and they received 30 day suspensions without pay. The punishment was excessively harsh for the infraction
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