A settlement has been reached between the Fulton 58 School District and its superintendent, Jacque Cowherd, and a long-term substitute teacher who filed a complaint last year.
Brandon McDaniel filed legal action March 15 in the Cole County Circuit Court asserting claims of due process violation and breach of contract, according to the settlement agreement. The case was dismissed with prejudice Oct. 20.
As previously reported, McDaniel said in his original petition he was wrongly terminated Feb. 13 after being accused of sending an inappropriate electronic message to a student, an allegation he denied. In the settlement, the district agreed to report the allegation of abuse made against McDaniel was found to be unsubstantiated to the Children's Division of the Missouri Department of Social Services.
At the time of his firing, McDaniel had a certificate from the state Department of Elementary and Secondary Education certifying him as a substitute teacher. He also had a one-year contract as a full-time substitute teacher from Aug. 15, 2016, to May 16, 2017. He began teaching the school's suspension class with six classes a day and one hour for planning, and didn't fill in for other teachers, according to his attorney. If either party wanted to end the contract, a two-week notice was required.
On Feb. 10, Cowherd informed McDaniel an allegation had been made by a student accusing him of sending an "inappropriate electronic communication to the student." On Feb. 13, Cowherd terminated McDaniel "effective immediately," and he was given notice he was banned from school property and any school events. According to court documents, there was no notice of termination or opportunity for a hearing.
McDaniel's attorney, David J. Moen, of Jefferson City, said in June that McDaniel was "entitled to due process."
Details of the settlement agreement are available under Missouri Statute 610.010. The settlement states the (school) district agreed to pay McDaniel $10,000 as a final settlement, and in return, McDaniel releases all further claims in the matter. McDaniel also agreed not to seek or accept employment with the district in the future, and the district will provide him with a "neutral letter of reference." That letter stated McDaniel was employed by the district from Jan. 16, 2015, through Feb. 13, 2017, and his final salary was $25,000.