FAYETTEVILLE -- A lawsuit filed by former superintendent Matthew Wendt, claiming the woman who accused him of sexual harassment is responsible for the School Board firing him, was amended Friday to add a defamation claim.
Wendt filed the lawsuit in early August against Shae Lynn Newman in Washington County Circuit Court.
Legal Lingo
Amended complaint
When a party to a suit or complaint makes a modification in the original complaint then the party is said to have amended, or revised, the complaint. The amendment must be made in writing. Amendments may need to be done for a variety of reasons. For example, a plaintiff may wish to amend the complaint to include additional causes of action, or requests for relief, or to name additional parties as defendants.
Source: uslegal.com
The defamation claim contends Newman, through her attorney, published on two occasions information accusing Wendt of sexual harassment that she knew to be false.
The lawsuit seeks not less than $850,000 in damages from Newman, claiming she intentionally and improperly interfered with the business expectancy between Wendt and his employer and her actions led to his termination.
In addition, Wendt's lawsuit contends he can no longer get a job as a school administrator.
The amended complaint contends the Fayetteville School District, after firing Wendt, has now denied that Newman was sexually harassed and has challenged the truthfulness of her claims in its response to Newman's EEOC complaint.
Newman's attorney has filed a motion to dismiss Wendt's lawsuit. Circuit Judge John Threet has set a hearing on that motion for Nov. 5.
Suzanne Clark, Newman's attorney, argues Wendt fails to state a valid claim.
The motion to dismiss claims Wendt sued Newman because she reported his behavior to school officials.
"Wendt laments his lack of employment and faults Ms. Newman for that status. If Wendt wants someone to blame for being out of a job and 'damaged in the marketplace,' he should look in the mirror," according to the motion. "His ongoing efforts to intimidate and harass the defendant in this case is an abuse of process and further demonstrates his complete lack of character."
An investigation by school officials completed in March found there was no basis for a sexual harassment claim and no action should be taken against Wendt, according to his lawsuit.
Newman's lawyer went on the offensive after that finding and made confidential information available to the public and media, identifying Wendt while concealing Newman's identity, according to the lawsuit. Newman's lawyer put pressure on the School Board to fire Wendt, according to his lawsuit.
Wendt contends material provided to the press and public were engineered to present a completely inaccurate and false picture of the relationship.
The only objective and purpose of Newman and her attorney's actions was to ruin Wendt's career and reputation, according to his lawsuit.
Clark filed the sexual harassment claim with the School District on March 14. She presented Chris Lawson, district general counsel, with voice recordings of Wendt and copies of text messages between Newman and Wendt supporting her client's complaint, Clark said in a news release.
Clark filed a complaint May 25 with the Equal Employment Opportunity Commission against the School District and School Board. The complaint to the commission details Wendt's abusive conduct after Newman refused to continue to have sex with him, according to a news release by Clark.
Newman complained Wendt stalked her, sent her numerous text messages while she was at home and at work and told her she could be fired for her actions, according to the release.
The board unanimously voted to terminate Wendt's contract June 18.
The board cited a breach of contract by violating district policy. Wendt violated the policy through his derogatory and offensive conduct and communication with a female subordinate employee, according to Susan Kendall, a lawyer with the Kendall Law Firm in Rogers and the School Board's legal counsel.
NW News on 10/30/2018