Union backs Everett teacher fired over student newspaper

Published 10:55 pm Thursday, April 10, 2008

EVERETT — As a fired journalism teacher fights to get her job back, the Everett teachers union accused the school district of “unfair, abusive and disrespectful” employment practices.

Union leaders from every school in the Everett School District signed onto a resolution, demanding the district change its practices to treat all teachers fairly and stop conducting what they say are biased personnel investigations.

They point to a district investigation of Kay Powers, who was fired for disobeying orders last year and helping Cascade High School students produce an underground newspaper with a school computer during the school day.

“She is unfortunately one of many,” said Kim Mead, president of the teacher’s union. “In this district, every certificated member is guilty until proven innocent.”

District officials argue they have been fair and questioned the timing, intended audience and purpose of the union’s resolution, which comes on the eve of Powers’ hearing. They had not seen the document until Thursday.

“It has not yet come to us so we question whether it was intended to start productive dialogue,” said Mary Waggoner, a school district spokeswoman. “We have carefully adhered to the teachers’ contract and all due process laws in this disciplinary hearing.”

The union disagrees.

“It’s the human resources and superintendent’s office that are on trial here,” said Mike Wartelle, a union representative. “The district must conduct a fair, impartial and unbiased investigation and they have not.”

The district maintains the case against Powers is relatively simple.

The English and journalism teacher was placed on administrative leave in June and fired in November after a consultant hired by the school district concluded that Powers helped students publish The Free Stehekin at the school, despite being warned not to do so.

In the firing letter, Superintendent Carol Whitehead outlined several reasons for Powers’ dismissal, saying the teacher violated district policies and Whitehead’s personal directives.

“This is not a First Amendment issue whatsoever,” said Valerie Hughes, an attorney representing the school district. “Her termination is based on the fact that she was provided very clear and specific directions. She acknowledged those directions and assured us she would comply with them and then she failed to comply with them and then aided students in violating the directions as well.”

Attorneys for Powers will argue that the firing is unreasonable and will contest how the investigation was conducted.

“We believe the district has totally overreacted,” said Mitch Cogdill, an Everett attorney. “We believe there are elements of free press issues, especially in the mind of the superintendent, who is hellbent to see that these issues, at least on her watch, don’t surface.”

Cogdill pointed to a case involving the Everett High School newspaper, The Kodak, which resulted in an out-of-court settlement in August. That issue involved prior review of the newspaper by the school’s administration.

While still with the district, Powers last May filed a sworn statement in the federal court case supporting The Kodak students. Shortly afterward, the district met with an investigator on Powers’ alleged misconduct, Cogdill said.

It was retaliation, Cogdill said.

Powers, 65, has more than her job on the line next week.

After firing Powers, the district filed a report with the state’s Office of Professional Practices, which could lead to the revocation of her teaching credentials. District officials said they were following legal requirements in filing the report.

The hearing at school district headquarters begins Wednesday before a hearing officer, retired King County Judge Charles Burdell. A decision is not expected next week.

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