Will latest NASD lawsuit go forward?

Published 1:17 am Wednesday, March 2, 2016

NATCHEZ — Local courts will decide next week if the lawsuit by a former principal who said she left her job in the Natchez-Adams School District after facing an unfair demotion will move forward.

Regina McCoy, a former assistant at Natchez High School, filed the lawsuit in April 2015, contending she was told her rehiring as an assistant principal at Natchez High School would be based on the results of school accountability scores after the 2013-2014 school year.

But McCoy alleges she was later told she would not be rehired as an administrator based on a prediction of a failing grade for NHS.

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She was, however, offered a teaching position, which McCoy has said in court filings was “a demotion with reduced employment terms and salary … and would not have been conducive towards advancement into administration positions and salary increases.”

When the test scores were released later that year, NHS had surpassed the prediction and improved.

After being offered the teaching job, McCoy left the district and found an administrative position in the Wilkinson County School District.

McCoy is suing the district and Superintendent Frederick Hill for wrongful termination, fraudulent misrepresentation, malicious interference with employment, intentional infliction of emotional distress and negligence.

At 2:30 p.m. Monday, Circuit Court Judge Forrest “Al” Johnson will hear a motion from the school district to dismiss McCoy’s lawsuit, with the school district contending McCoy did not pursue all her administrative remedies within the district before filing the lawsuit.

“Essentially their argument is the claim that we failed to exhaust our administrative remedies, meaning that my client was supposed to file an appeal under the employment procedures law,” McCoy’s attorney Will Ivison said. “Generally, if you fail to exhaust administrative remedies, the court lacks jurisdiction.”

The school district’s court filings also contend the matter should have been appealed in Chancery Court if any court was to be used. The district has also said McCoy was not terminated, but was non-renewed.

In addition to seeking to have the case dismissed, the school district has asked the court to stay any discovery of evidence until the question of if the case will move forward is answered.

“We have not been able to conduct any depositions, so we only have written discovery, so we are also asking if the court maybe thinks one of the issues or causes (in the case) needs further discovery to allow us further discovery, to take depositions to determine if there were any fact issues,” Ivison said. “It is our hope to get a favorable ruling and continue with finishing discovery and going to trial after that.”

McCoy’s lawsuit is nearly identical to one filed by another former NHS assistant principal, Shannon Doughty.

Doughty is an assistant principal in the Gulfport school district. Her case is currently awaiting action in court.

The McCoy and Doughty lawsuits were preceded by a federal lawsuit by a former principal, Cindy Idom, who along with wrongful termination successfully argued to a federal court her white race was a factor in her forced retirement from the school district.

Idom was ultimately awarded $668,000 in back pay, damages and legal fees. The school district has since asked the court to consider lowering the damages, tossing the judgment or ordering a new trial.

The McCoy and Doughty cases do not claim a racial component.

Attorneys for the school district could not be reached for comment Tuesday.