 |
|
|
|
Bauxite sexual harassment trial begins |
|
|
Wednesday, 03 March 2010 |
Administrators and other employees of the Bauxite School District will take the stand today in federal court to answer allegations of sexual harassment and gender discrimination.
The trial is being held in U.S. District Court Eastern District of Arkansas in Little Rock. Judge William R. Wilson Jr. is presiding.
On Tuesday, after the jury was selected, attorneys for former school custodian Penny Jackson opened the trial by claiming that she was sexually harassed by Bauxite maintenance supervisor Sammy Roberson on numerous occasions between August 2006 and March 2007.
Attorney Chris Madison of Madison Law Firm of Little Rock also told the jury that after Jackson made a formal complaint to the school district about Roberson, she was reassigned duties and the two were told to “stay away” from each other. Roberson was not disciplined for his conduct, Madison said. He also claimed that Superintendent Mickey Billingsley did not conduct a thorough investigation of the alleged sexual harassment, and afterward she was the target of various complaints about her job performance and attitude. He also said Roberson continued to visit her assigned area to harass her. Furthermore, Madison claimed that Jackson’s alleged sexual harassment claim cost her her job in the school district.
“You’ll learn that Roberson took special interest in Penny (Jackson) since she was first hired at the school,” Madison said. “After she filed her sexual harassment on March 16, Roberson countered on March 22 claiming that Penny harassed him and that he wanted her removed (from the school district). Roberson will deny all (sexual harassment claims).”
Madison added, “Then after the complaint, Billingsley immediately said he would conduct a thorough investigation, but he waited for a month before interviews, including a woman who allegedly had an affair with Roberson. He never even interviewed (another custodian) that was witness to the harassments ... and (another custodian) he called him and at the end Billingsley told him this conversation never happened, and his statements were never in the investigation findings.”
Madison wrapped up the plaintiff’s opening statement by pointing out that directly after Jackson made a sexual harassment claim, she was subject to punishment by the district and employees. He said when the school first reassigned Jackson’s duties and she first refused, the school threatened her “to turn in her keys if she didn’t like it” and claimed she was being “insubordinate” on several occasions. The school district decided not to renew Jackson’s contract also based on numerous absences, but Madison contends that four other custodians missed more days and that only three employees were written up for absences since 2002.
In opening statements by Little Rock Attorney W. Paul Blume, who represents the Bauxite School District, he said the defense “would not call a lot of witnesses.” However, he said “our folks have a much different perspective” on the allegations and that Roberson not only disagrees with the allegations, but that he was “hurt and surprised” that the allegations were made.
Blume said Jackson was “already skating on thin ice” before she brought the sexual harassment allegations against Roberson to the school district and probably knew she would not be rehired because of 20 absences within a year. He also reminded the jury that Jackson was a first-year employee to the district and said Jackson was “not a nice person and caused problems with other employees.”
“She had built up 10 sick days to use and she used those up and then some,” Blume said. “Billingsley always looks at the absentee list at the end of the year, but he still wanted to renew her contract ... but then he found out a little bit more about her, about her problems with other staff members and problems taking orders and decided he didn’t want that at his school.”
Blume reminded the jury that Billingsley is a superintendent, that he is not a private investigator, but that he did conduct a thorough investigation into the sexual harassment claims.
“He did the best he could under the circumstances,” he said.
Blume also said that the employee he called on the telephone about the sexual harassment case was not to ask questions about the case. He claimed that Billingsley asked the employee at the school when the case was first presented to write down a statement. Blume said when the employee was reached by phone at home it was to remind him to turn in a statement and that he never said “this conversation didn’t happen.”
Blume again suggested that Jackson could have found out that she was “possibly wasn’t going to be able to keep her job” and made the sexual harassment claims. He also said that it was typical for Jackson to be insubordinate and that she would not cooperate with Billingsley during the investigation. Blume concluded his opening statement by reminding the jury that there is more than just one side to a story.
“There is always a different perspective; that is why we have a trial,” Blume said. “Bauxite is a great school district and Billingsley doesn’t want sexual harassment at his school, but he could not find evidence to support (Jackson’s) claim. Let’s find out what really, really happened.”
Roberson, a 16-year employee for the district, briefly took the stand on Tuesday and explained that he only knew Billingsley since his hire into the district five years ago. He claimed to never have visited with Billingsley outside of work and that he was allowed to drive all over the district campuses without reporting to anyone.
Roberson also claimed that after the sexual harassment claim was brought to the school district, he printed off informational pamphlets via the Internet. He said he then conducted a sexual harassment policy training seminar with other custodians. When asked specifically if he just handed the employees pamphlets, Roberson responded that he and the employees “went through the pamphlet” and discussed it. However, when Roberson was asked to describe what could be considered sexual harassment, he admitted the he couldn’t.
Judge Wilson stopped Roberson’s testimony to end the day. Roberson is expected to retake the witness stand today, along with several Bauxite school district employees.
According to the lawsuit, Jackson and attorneys are seeking $75,000 for “full back pay, front pay, liquidated damages, benefits, damages for pain and suffering, punitive damages, costs and attorneys’ fees, and any and all other benefits (Jackson) would have been entitled to had she not been the victim of sexual discrimination/harassment and retaliation; and for emotional distress resulting from the defendant’s behavior.” However, on Tuesday, Jackson’s attorney, Chris Madison, suggested it could be up to $250,000 in damages sought in the suit.
Jackson is also being represented by Brent Standridge of the Standridge Law Firm in Benton.
Little Rock Attorney J. Fred Hart Jr. is representing Sammy Roberson.
|
|
|
|
Razorbacks
