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Teacher sues to get her job back; Joel Greene's lawsuit also on docket An attorney for the Cherokee County School District argued Monday in Cherokee County Court of Common Pleas that a former teacher's lawsuit should be tossed out. Sharon Brown initially sued the district's superintendent, Dr. Bill James, last November in an attempt to get back her job. She claimed her contract rights were violated in April 2007 when she was notified her contract would not be renewed. At the time of her dismissal, Brown claimed she had a pending Equal Employment Opportunity Commission complaint against the principal who ultimately recommended her termination to the superintendent. In court Monday, the district's attorney, David Duff, argued Brown never availed herself of the appeal rights. After receiving notice she wasn't being retained for the next school year, Duff said Brown's former legal counsel served notice of their request for a hearing before the school board. However, he said Brown and her lawyer never pursued the hearing before the board. "We simply never heard back," he said. After several attempts to reach Brown's lawyer, Duff said the district wrote to him last November that it considered the request for a hearing withdrawn. Brown, who is representing herself in court, maintains her rights were violated when the school board accepted Dr. James recommendation on April 24, 2007. She contended she was terminated by the board while her 15-day appeal period still was active. While Brown argued her lawsuit should be allowed to proceed, she also argued she should be allowed to amend her complaint so she can add the board of trustees as defendants. Circuit Judge J. Derham Cole, who presided over Monday's hearing, took the matter under advisement and did not issue any rulings from the bench. Brown's lawsuit against the district was not the only school district matter scheduled before the court Monday. Judge Cole also was scheduled to hear arguments on the school district's motion to dismiss three of the six counts in a separate lawsuit filed by a former maintenance worker, Joel Greene. Greene, the son of school trustee Sandra Greene, lost his maintenance job with the district following a DUI arrest. In a Dec. 18 lawsuit against the district, Greene claimed he was set up by school board member Amanda Knowles in retaliation for her husband, Fred, being fired from the district's maintenance department in October 2006. Greene claimed breach of contract, wrongful termination and violation of his constitutional rights. The district was asking the court to dismiss half of Greene's lawsuit, but the hearing scheduled for Monday was canceled. Attorney Andrea White, who had been representing the district in this case, said her partner, David Duff, had reached an agreement with Greene's lawyer, Lovic Brooks, to resolve the district's motion. The nature of the agreement was unclear and an e-mail sent to Duff on Tuesday was not immediately returned. White said the case still is pending. |
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