A President’s Day Reminder: Authorities Still Matter

by Bobby Padgett

A Texas Court of Appeals has found that a former school employee reported suspected law violations to an appropriate law enforcement authority when she reported Penal Code violations to district police officers.  As such, the Court overturned the dismissal of her lawsuit and sent it back to the trial court for appropriate disposition.  This case is important because it delineates the type of authority and sufficiency of reporting necessary for a Whistleblower claim to proceed.

The former employee was the Director of Compliance for a Texas school district.  Her job required her to oversee compliance with UIL rules, identify problems that might affect UIL compliance, and provide training, ongoing support, and communication to district staff concerning compliance and eligibility requirements for all UIL activities.  The employee uncovered what she believed were serious problems related to the residency of student-athletes and potential falsification by coaches of Prior Athletic Participation Forms, which are required to ensure student-athletes that transfer to new high schools actually live within the new school’s attendance zone.  She reported her suspicions of wrongdoing to three departments within the district: the Office of Professional Responsibility; the Internal Audit Department; and the Professional Standards Office (PSO).  All of these departments were responsible for internal, administrative investigations of employee wrongdoing.  Additionally, the employee made reports of wrongdoing to the Chief and Assistant Chief of the district police department.  The PSO investigated the allegations and released a report confirming virtually all of her reports of wrongdoing. The day after the PSO released their report, the district terminated the employee.

While the district argued that the informal report to the district police department was insufficient to substantiate a Whistleblower claim, the court concluded that the employee’s conversations with district police officers sufficiently apprised them of her suspicion that district athletic personnel were tampering with governmental records in violation of the Texas Penal Code.  As the district police department had the authority to investigate such an offense, the court concluded that the employee had sufficiently reported criminal violations within the meaning of the Whistleblower Act and remanded that claim to the trial court.

The lessons here are those which should be carefully heeded.  First, before a district seeks to take employment action against an employee who has made reports of law violations to any district departments or individuals, an analysis should be conducted to find out if these departments or individuals qualify as appropriate law enforcement agencies to sustain a Whistleblower claim.  Second, before taking employment action against a district employee, an analysis should also be conducted to ensure that the employee cannot file a retaliation claim for engaging in a protected activity, such as reporting criminal law violations to appropriate authorities.

Leasor Crass, P.C. will continue to monitor these issues and provide guidance as new information becomes available.  In the meantime, please do not hesitate to contact our office should you have questions or concerns regarding existing Whistleblower and/or retaliation issues and the implications they may have for your district.