Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:Just remember: MCPS thought this needed to be settled immediately. The Vigna victims had to litigate. The Gaithersburg sex assault victim had to go all the way to a jury. The Damascus victims had to go through years of litigation while MCPS denied it had any responsibility to provide for safety in school before finally settling after the judge rejected their defenses. What is it about this case that made MCPS handle differently? No one who defends this settlement in any way or who supported this settlement deserves to be on the school board.
To be fair, this was a smaller settlement amount. Even if McKnight wouldn't have won a discrimination lawsuit, she had a good enough case that it could have spent years in litigation. It was cheaper to settle.
The same theory could have applied to the other cases too but MCPS decided to litigate those. A lot of special education claims could be settled for less than this settlement but MCPS litigates those too. This settlement was for more money than she was owed on her contract, so it was no great deal.
Certainly MCPS is willing to spend more on litigation to fight SPED claims, but they do that to scare off additional claims. And it is far from clear that it would have been cheaper to settle the other cases.
I'll admit, the $1.3M was higher than I expected. Some of that might be to reassure future MCPS superintendent applicants that they'll have a golden parachute when they're inevitably fired. Otherwise MCPS would find itself having a very hard time recruiting qualified applicants.
Try as you might, there's no good rationale for this settlement, especially compared to how MCPS handles other potential litigants. The sexual assault defenses served no public policy interests and arguable damaged them as MCPS took outrageous (and unsupportable) positions.
The contract had a generous golden parachute. The settlement was many more times generous. By your rationale, MCPS should have litigated to prevent other superintendents from taking them to the cleaners.
This settlement had one purpose: protect the current board members from having even more of their mismanagement exposed by a disgruntled former employee. That was it.
One-year severance for a position like this is hardly generous. There are relatively few superintendent positions in districts of this scale, and you're almost guaranteed both a long hiring process and a long-distance move.
McKnight thought the board had her back. Right or wrong, the next superintendent won't make the same mistake. I strongly suspect the next contract will have a much larger severance clause for early termination.
And
if MCPS would have tried to take her to court over termination for cause, them they definitely would have had a hard time finding a replacement.
I'ts pretty generous. I'm an employment lawyer and i think something between 6 months and a year would have sounded about right to me. She got a lot more than that (closer to 3 years). And MCPS would not have taken her to court. They would have made her an offer, if she rejected it, they would have said, we are invoking the termination for cause provisions of your contract and paying you nothing, and she would have them taken them to court for breach of contract. It is absolutely not clear that she would have won, and she would have had to pay attorneys to bring that suit (or have them work on contingency for a portion of the breach of contract damages.) Since her attorneys apparently charged her 30K just for negotiating the settlement agreement, which seems like kind of a lot to me, I think she would have burned through her damages pretty quickly. It's ridiculous to me that the Board paid out her full contract as if they had zero cause for terminating it.
If they really believed they had no cause for termination, they should have kept her on and avoided all this disruption. It's one thing to discount based on litigation risk, but it's totally another just to roll over and give her everything she would have gotten in litigation and more (e.g., allowing her child to attend MCPS schools for free even if she lives out of county).