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Fairfax County Public Schools (FCPS)
Reply to "Cynthia Lee v. Fairfax County Public Schools 4th Circuit Court Of Appeals (Discrimination)"
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[quote=Anonymous]During the time Fairfax County Public Schools (FCPS) was trying to terminate the employment of an outstanding African American teacher Dr. Violet Nichols, (see the July 15, 2012 issue of the Washington Post), FCPS was also attempting to terminate the employment of another exceptional African American teacher, Cynthia Lee. At that time, FCPS had a mandate in their grievance process that all litigants had to pay half the cost of the Fact Finding Panel. Dr. Nichols was able to obtain vindication win she won her case by use of the Fact Finding Panel because she was a member of the union and the union paid all costs. Ms. Lee was not a member of the union so she could not afford the costs of her half of the Fact Finding Panel, which cost thousands of dollars, thus she could not grieve her proposed termination so she signed a "Settlement Agreement" with FCPS that mandated her to step down into an Instructional Assistant position and take a $25,000 annual pay cut. FCPS won because of their mandate to make Ms. Lee pay half the cost of their Fact Finding Panel hearing which amounted to thousands of dollars. Ultimately Ms. Lee found out through researching case law that mandating her to pay half the cost of the Fact Finding Panel Hearing was unlawful because it violated her 14th Amendment right to due process. Ms. Lee filed a case in the Federal District Court Of The Eastern District which was dismissed October 31, 2014 because she signed the “Settlement Agreement”. Now her case is on appeal in the 4th Circuit Court Of Appeals. Ms. Lee feels confident that she will win on appeal because this Court has decided in favor of other litigants who signed a “Settlement Agreement” under economic duress, for example Ms. King won the case of Wanda King v. DonnKenny Inc. In the Plaintiff’s Complaint for Charlton et.al. v. Marie Lemmon and FCPS, it is claimed that Ms. Lemmon is seeking to have a school full of Caucasian teachers with blonde hair and blue eyes. Ms. Lemmon can do no more than FCPS allows her to do. The tail follows the head. [/quote]
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