Free speech case leaves teacher in limbo

Published 10:47 pm Thursday, August 23, 2007

EVERETT – Just a few days before school begins, a Cascade High School teacher doesn’t know if she will be back in her classroom, jobless or floating in legal limbo.

Kay Powers, an English and journalism teacher, was placed on administrative leave June 1 for her role in a student’s use of school equipment to put out an underground newspaper.

Officials with an Everett teachers union say the district is investigating Powers for helping a student with journalism projects involving “allegations of unauthorized use of district equipment, materials and facilities.”

Until an independent investigator’s report can be completed, “she will remain on leave,” said Mary Waggoner, Everett School District spokeswoman.

Waggoner said the district’s investigation has been held up because Powers hasn’t been available for interviews.

District complaints being investigated against the veteran teacher include misuse of public resources, improper conduct, policy violations and insubordination.

Powers could not be reached for comment.

She has been willing to discuss the case with the investigator but requested the questions in writing first, said Kim Mead, president of the Everett Education Association.

But Powers never received questions in writing, said Mike Wartelle, a union representative. She wanted to be prepared to give “full and complete information,” he said.

The district was not willing to submit the questions in writing, Waggoner said.

“Thorough investigation involves the free flow of questions and answers and is not staged,” she said.

Powers isn’t the only one to be investigated over the publication of the underground student newspaper.

A Cascade junior, David Whittemore, who was managing editor of the Free Stehekin, was suspended for 10 days in June after he was caught using a school computer for the newspaper despite a previous warning.

The district last week barred him from attending Cascade High School for his senior year by refusing his request to attend the school. Whittemore lives within the Mukilteo School District boundaries but had attended Cascade on a variance since his freshman year.

Union leaders say the district is clamping down too hard on free speech rights in the Cascade case and at its other high schools.

“The district’s heavy-handed actions against Everett students and teachers are appalling, out of proportion and shouldn’t be tolerated,” Mead said. “These misguided attacks on free speech from our students’ education are sapping the morale of Everett teachers.”

They point to a case from Everett High School scheduled to go to trial in federal court in Seattle on Sept. 4.

Two former student newspaper editors sued the district in 2005 after administrators demanded to review each issue of the student newspaper, The Kodak.

In June, district officials stopped a Henry M. Jackson High School student literacy magazine from using student art that showed nude forms. The publication was produced by a college-level advanced placement class for a National Honor Society arts magazine, union officials said.

“The depiction of nude bodies was not appropriate for a student publication,” Waggoner said.

Classes start in the 18,500-student district on Sept. 5.

Reporter Eric Stevick: 425-339-3446 or e-mail stevick@heraldnet.com.