JCPS superintendent: 'We weren't winning either way'

No matter the outcome of discrimination trial, district would lose, Linthacum believes

In this Sept. 18, 2015 file photo, superintendent Larry Linthacum addresses Jefferson City Public Schools issues with members of the local Chamber of Commerce while Bob Weber, director of school facilities, looks on.
In this Sept. 18, 2015 file photo, superintendent Larry Linthacum addresses Jefferson City Public Schools issues with members of the local Chamber of Commerce while Bob Weber, director of school facilities, looks on.

Every day during last week's discrimination trial against Jefferson City Public Schools (JCPS), former teachers, students and community members packed the courtroom benches.

Among them was Superintendent Larry Linthacum.

On the opening day of the trial, Linthacum told the News Tribune he felt he ought to be there for the first day, but as the trial went on, he became one of the regular faces watching the testimonies unfold. He said he thought it was important for him to be there in person.

"This whole case, we weren't winning either way," Linthacum told the News Tribune on Wednesday. "If we had won, we still would have lost because through the trial it was apparent staff and former staff have felt like they couldn't report issues without retaliation."

Now that the trial is over, Linthacum hopes the district can heal.

He's been with JCPS for less than a year and is now tasked with gluing the district back together and reviewing incidents that happened three years before he arrived.

Like many of the district policies, Linthacum said administration will review the grievance process employees go through to file a complaint. During the trial, several employees said the grievance process was "taxing," or they didn't feel comfortable filing a complaint in fear of retaliation.

The JCPS attorneys brought up numerous times Karen Ray, who filed the age and gender discrimination suit, never filed a formal grievance. She reported instances of bullying to a board member and in her face-to-face exit interview with Human Resources Director Penney Rector.

When an attorney asked former Superintendent Brian Mitchell why the instances were never formally investigated, he responded with, "Well, she never filed a grievance."

Linthcaum said that's not how complaints should work.

"It's not supposed to be that way," he said. "We need to have an environment where folks feel comfortable without fearing repercussions. If they don't, we need to find out why."

If an employee has an issue with his or her supervisor and doesn't feel comfortable talking to the supervisor about it, the employee can break the chain of command and seek the next person in charge, he said. If the employee doesn't feel comfortable talking to that person, he or she can keep going up the line before bringing it to the school board.

The grievance policy is recommended by the Missouri School Board Association, and it's something Linthacum plans to take a look at.

However, the blame doesn't fall only on the policy - the culture of the school is equally important, and not just at the high school, he said.

From the first day Linthacum stepped into Jaybird territory, he has been talking about creating a good culture within the schools. He often talks about having a climate where students and staff feel safe and happy to come to school each day. If that component is there, then it will also help resolve academic downfalls.

Linthacum conducted a staff survey in December as an opportunity for people to share their concerns. However, he couldn't get into specific details, in part because of personnel issues and also because of the pending lawsuit from former teacher Laura Cooper scheduled for September.

The district followed up on any specific situations cited in the surveys, he said. That's common practice. If there aren't specific issues cited, then he looks for themes and what can be improved.

"We have to lead, not manage," he said. "We're preparing our students for a better tomorrow. We have 1,251 employees, and we want to have a culture that all those folks feel like they're difference-makers. We're going to address concerns, and we have and will continue to address any concerns that need to be addressed that are getting in the way of a positive learning environment."

He sent an email to staff the day after the trial with a message of encouragement.

"It was a painful experience but a learning experience for me as we work toward becoming a premier school district of the state of Missouri," he said in the email.

He called to action all the teachers to work together to build a better culture with his tag line, "We're stronger together."

Moving forward, he said, the district has to create clear expectations for staff, and that starts with administration. This year, the school has a new high school principal, Bob James, who replaced Jeff Dodson, named in the lawsuit.

All high school assistant and associate principals report to James, and Linthacum said he has heard positive feedback so far.

Several district employees were named in Ray's case, but only a few remain at JCPS.

Linthacum said he will assess each situation individually to determine the validity of the claims and address the situations accordingly.

The district also will have to grapple with paying $235,000 in damages out of the $249,000 Ray was awarded. The district's insurance does not cover punitive damages, which accounted for the brunt of the award. The insurance company will cover $14,000 and some of the attorney's fees.

They're still working out the details, Linthacum said.

School wrapped up Thursday, and staff are taking a breath and preparing for the next school year.

It will take time to heal the wounds created by the culture cited in the trial testimonies, Linthacum said.

"We have to stay the course and believe in what we do," he said. "We are stronger together."

Previous coverage:

JCPS to pay $235,000 of damages in lawsuit, May 19, 2016

Jury sides with former teacher in JCPS discrimination suit, May 18, 2016

Administrators deny bullying, May 17, 2016

Principal Dodson denies allegations of 'bullying,' May 13, 2016

Ray takes the stand against JCPS, May 13, 2016

JCHS teachers felt 'bullied' by administration, May 12, 2016

JCHS administration called 'aggressive,' May 11, 2016

JCPS discrimination trial gets underway, May 10, 2016

Former teacher sues Jefferson City School District, July 27, 2014