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Without admitting any wrongdoing, the Person County Board
of Education has agreed to an out-of-court settlement of a
former elementary school principals civil rights discrimination
lawsuit against the board and the superintendent of schools.
The board agreed to the settlement with former Stories Creek
Elementary School principal Dr. Jennifer Locklear Thursday
night, after meeting in closed session with legal counsel
to discuss the matter.
Locklear, who served as Stories Creek principal from 2001
until 2004, filed a civil rights discrimination lawsuit against
the school board and Schools Supt. Ronnie G. Bugnar last year,
alleging sexual and racial discrimination.
The suit asked for compensatory damages in excess of $10,000;
attorney fees and court costs; and punitive damages in excess
of $10,000. >>
The terms of the out-of-court settlement agreement included
the school systems payment of $8,500 to Locklear.
"The settlement was made not because we felt we had
a problem with the case," School board attorney Ann Estridge
told The Courier-Times on Friday. "It was just because
the school system's dollars could be more wisely spent on
other matters."
Estridge noted that, with the exception of a First Amendment
retaliation claim against the school board, the court had
dismissed all of the claims in Locklear's lawsuit. The other
claims in the lawsuit were dismissed in court on June 22,
according to Estridge, after the school board "filed
a motion to dismiss." The court's actions left only one
claim outstanding.
"We felt we had a very defensible lawsuit," Estridge
said. "The settlement was not because we felt we had
anything that we needed to be worried about.
"The settlement was way less than the costs would have
been to litigate the lawsuit," Estridge added. "It
would have cost a lot more to go to court."
Bugnar said that the school board had to decide Thursday
whether to settle the suit or to proceed to litigation.
"They made the decision to settle," Bugnar said.
The Courier-Times attempted to contact Locklear's attorney,
R. Hayes Hofler of Durham, for comment Friday, however, he
did not return a phone message left at his office.
Locklear claimed in her suit that she resigned her post as
principal "under duress."
Locklear's suit stated that Bugnar, in a closed session board
meeting, said Locklear received a two-year contract extension
instead of four years because she inappropriately shared information
with her staff at Stories Creek. Locklear claimed she was
protected under the First Amendment in sharing the information.
The suit also alleged that Bugnar used a racial slur when
referring to Locklear, a Native American, in a closed session
meeting of the board and claimed discrimination on the basis
of race and gender.
Among other things, Locklear's lawsuit also alleged negligence
and infliction of emotional distress.
In it's motion to dismiss Locklear's lawsuit, the school
system's attorneys claimed Locklear could not: "establish
a prima facie case of race discrimination; maintain a claim
against Bugnar for a violation of Title VII (Civil Rights
Act of 1964) as Bugnar is not an 'employer' within the meaning
of Title VII; maintain a claim for a violation of her First
Amendment right to freedom of speech because her 'speech'
was not constitutionally protected."
The school system's motion to dismiss also claimed that Locklear
could not establish negligence or intentional or negligent
infliction of emotional distress.
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