Fayetteville board terminates superintendent

NWA Democrat-Gazette/J.T. WAMPLER Matthew Wendt (left) waits Monday for a School Board meeting that will determine his fate at the Fayetteville School District. The board voted to terminate Wendt's contract.
NWA Democrat-Gazette/J.T. WAMPLER Matthew Wendt (left) waits Monday for a School Board meeting that will determine his fate at the Fayetteville School District. The board voted to terminate Wendt's contract.

FAYETTEVILLE -- The School Board unanimously voted to terminate Superintendent Matthew Wendt's contract Monday after an employee sexual harassment claim more than three months ago.

The board cited a breach of contract by violating the district's sexual harassment policy. Wendt violated the policy through his derogatory and offense conduct and communication with a female subordinate employee, explained Susan Kendall, lawyer with the Kendall Law Firm in Rogers and the School Board's legal counsel.

Policy of Sexual Harassment

Forms of sexual harassment shall include, but are not limited to, the following:

•Verbal harassment, including derogatory comments, jokes, requests, or other sexually oriented language.

• Uninvited letters, telephone calls, digital transmission or materials of a sexual nature.

•Physical harassment, including unnecessary or offensive touching, repeatedly brushing against another person’s body, impeding or blocking movement, or invading personal space

• Visual harassment, including offensive posters, cards cartoons, graffiti, drawings, or gestures.

• Attempted or actual rape or sexual assault.

Source: Polict 4180 of the Fayetteville School District

"The superintendent shall...execute all powers and duties in accordance with board policies and the laws, rules and regulations of the State of Arkansas and its regulatory agencies," according to Wendt's contract.

The employee's lawyer, attorney Suzanne Clark, filed a sexual harassment claim March 14 and presented Chris Lawson, district general counsel, on March 15 with voice recordings of Wendt and copies of text messages between her client and Wendt that support her client's complaint, Clark said in the news release.

The district "immediately instituted an investigation into the allegations" after being notified, Lawson said April 5. The investigation concluded April 13, he said.

The special meeting to consider Wendt's termination began shortly after 5 p.m. Monday.

The board was scheduled to hold on open hearing at the request of Wendt; however, Wendt waived his right to a public hearing, and the board was then free to consider the personnel matter, Kefndall said before the board went into executive session around 5:30 p.m.

The board remained in executive session until about 7 p.m.

Wendt was hired July 1, 2016. His annual salary was $231,080 or about $19,256 a month, according to his contract. Wendt will have received around $40,000 in salary since being placed on leave.

Washington Elementary School parent Sarah Moore was one of the many community members present at the packed meeting

"I'm here in support of all the students, many who don't have food at home and are fed by the school staff," Moore said. "The money that has been spent on the superintendent's salary while he has been on leave could go to feeding students. It's wasteful."

John L Colbert will remain serving as acting superintendent, board president Justin Eichmann said.

Clark said her clients complaint with Equal Employment Opportunity Commission against the School District and board filed May 25 is still pending. They will wait until they receive the right to sue letter before deciding how to move forward, but that nothing has changed as far as the harm done to her client and, at this time, she plans to move forward with a suit, Clark said Monday.

NW News on 06/19/2018

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