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Bertolini v. Whitehall City School District Board of Education9/26/2000
from Dr. Crawford to appellant stated:
Sexual harassment complaints have been issued against you by EMIS secretary, Patti Woods. You are hereby notified that you are suspended with pay, pending the investigation of these complaints.
Furthermore, you are directed not to be on any Whitehall City Schools property, in any Whitehall City School facility, or attend any function sponsored by Whitehall City Schools during this investigation.
In a letter dated February 26, 1998, addressed to Michael Capoziello, president of the board, Dr. Crawford stated:
On February 21, 1998, I received a complaint from employee Patti Woods alleging sexual harassment and other inappropriate actions by [appellant]. After investigating that complaint, including the personal interview with Ms. Woods and a review of electronic mail which she had received from Mr. Bertolini, as well as tape recordings from her telephone message machine, I must recommend the immediate termination of [appellant's] contract. Unfortunately, much of his past ineffectiveness can now be attributed to what has transpired in regard to Ms. Woods since [appellant] began employment with the District. He has been ineffective as an administrator and then failed to address serious deficiencies which I previously reviewed with him in conferences.
As a result of my investigation, I believe [appellant] should be terminated due to gross inefficiency, immorality, willful and persistent violations of reasonable regulations of the Board of Education and other good and just cause, including but not limited to: failure to address serious deficiencies; fomenting employee dissatisfactions; insubordination with respect to superiors; inattentiveness to directives of the Superintendent; excessive absence from the building and responsibilities; unprofessional electronic communication; sexual harassment of an employee; stalking of an employee; creating a hostile work environment for an employee; suggesting a quid pro quo relationship with an employee; abuse and misuse of school property and facilities via electronic mail transmission; inappropriate disclosure of District business; dishonesty; and excessive use of professional time for personal matters.
While I continue to investigate, it is clear that I must request that you place a resolution on the agenda for the Board meeting of March 12, 1998, to act appropriately on my recommendation of termination of [appellant's] contract.
On March 12, 1998, the board voted to terminate appellant's contract.
On March 2, 1998, Woods gave Whitehall notice that she was resigning from her position. Woods had interviewed for a position with the Metropolitan Education Council ("MEC") before February 20, 1998, and she was awarded a position with MEC on March 2, 1998. Woods testified that the position with MEC was "more in my field of expertise" and had a higher salary than her position with Whitehall.
In June 1998, a referee held hearings in which evidence was presented by the parties concerning whether appellant's termination was proper. The referee, in a fourteen-page opinion that included forty-six findings of fact and six conclusions of law, recommended that appellant "be paid his full salary for the full period of suspension * that the charges and the record of the hearing be physically expunged from the minutes of the board." On October 14, 1998, the board rejected the referee's recommendations and voted to terminate appellant's contract "for the grounds of gross inefficiency, immorality, willful and persistent violation of reasonable regulations of the Board and for other good and just cause, as of February 21, 1998." The board acc
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