1. Dealing with Difficult People and the Bumps in the Road
December, 2011 School Law Conference
Presented by:
Nancy Hungerford, Attorney
Jessica Knieling, Director of Legal, Labor & Employment Services
OSBA Legal, Labor and Employment Services
April 17

2. Agenda Common Scenarios Facing Schools Problem – Solving Options
Tips and Tools for Navigating the Bumps in the Road

3. Case Study #1
A kindergarten teacher is chronically disorganized, the classroom a hazard, and student management a problem as they aren't properly supervised. The teacher fails to make requested changes, and is notified that a Plan of Assistance will be implemented. The teacher comes to the POA meeting with a note from a psychologist that she has just been identified as having "Adult ADHD." In order to meet the requirements of the job, given the large number of students (25) in each half-day session, she will need extra planning time and an aide in the class for an extra hour each day. Currently, an aide is provided in the A.M. session for two hours because that support is written into the IEP of a developmentally- delayed student. The Uniserv indicates that he expects the District will back off on the planned POA because the teacher didn't get these accommodations during the regular evaluation cycle.

4. Action Steps
1.____________________________ 2. ____________________________ 3. ____________________________ 4. ____________________________ 5. ____________________________ Other: ____________________________ ____________________________

5. Case Study #2
A special education assistant who has been employed with the district for 15 years was transferred 10 years ago from a high school setting to a middle school. Every year since the transfer she requests to go back to the high school and voices her discontent that she can’t work at the high school. In May, following the announcement that her duties will be transferred to the elementary school, the employee requests leave and provides a physicians note “Employee is suffering from increased blood pressure, anxiety and panic attacks in association to her work”. . . Employee is granted leave, but does not file workers’ compensation claim nor does physician file. The employee’s union advocate indicates if the employee is not transferred to the high school she will file a workers’ compensation claim and that she has earned the right to choose her position.

6. Action Steps
1.____________________________ 2. ____________________________ 3. ____________________________ 4. ____________________________ 5. ____________________________ Other: ____________________________ ____________________________

7. Case Study #3
A Food Service Worker was transferred to her current elementary school assignment four years ago because she was not getting along with co-workers at the middle school. She told her co-workers about her horrible personal life situation, including a pending divorce. Each of the succeeding annual evaluations marked her as "Needs Improvement" in the areas of "Relationships with Co-Workers" and "Tact." In 2010, she was given a written reprimand for confronting and contradicting a teacher in front of students over whether the teacher could excuse a boy from taking milk with his lunch. A year later, the Food Service Supervisor finds the FS Worker has arrived 15 minutes late to an afternoon recreation program at which dinner is served. The FS Worker yells at the supervisor, who decides not to continue the conversation about the lateness. Later, in pre-disciplinary meeting, the FS Worker shares that the day of the incident was the very day when she was supposed to go to court for divorce proceedings (although the court date had been cancelled at the last minute).

8. Action Steps
1.____________________________ 2. ____________________________ 3. ____________________________ 4. ____________________________ 5. ____________________________ Other: ____________________________ ____________________________

9. Case Study #4
A physical education teacher who has been employed with the district for over 20 years, has been showing up for work late, looks disheveled and is known to have gone through treatment for alcoholism over a decade ago. Several staff report that they believe he is drinking again. One day he does not report for work and does not respond to calls from the district. The district contacts law enforcement for a welfare check. Law enforcement files a report that he was disheveled and glassy eyed, but did not detect an odor of alcohol. In his role as PE teacher he is responsible for equipment and student safety and staff have expressed great concern that he is drunk with students. When questioned about not reporting for work, he indicates his psychiatrist adjusted his medication which made him very groggy. He says he’ll se him right away. The teacher brings a note that he was under Dr. care and has had his medication adjusted. Following his return, many staff report that he is drinking again and in one conversation a building secretary asked him and he reported he was.

10. Action Steps
1.____________________________ 2. ____________________________ 3. ____________________________ 4. ____________________________ 5. ____________________________ Other: ____________________________ ____________________________

11. Tips & Tools SLOW DOWN – MAKE A PLAN GATHER RESOURCES: PREPARE OPTIONS
CBA
Policies
Documentation
Consult with HR/Legal/Central Office
PREPARE OPTIONS

12. Questions