Fearing COVID, Columbus teacher wanted to stay virtual but was fired. Board hears appeal

A Columbus teacher has been fired because she refused to return to in-person instruction when she exhausted her leave time after the COVID-19 pandemic subsided.

Fearing she could spread the deadly coronavirus to her vulnerable husband, she wanted to continue teaching remotely.

The Muscogee County School District board unanimously voted Tuesday night after the nearly three-hour hearing to accept the recommendation from superintendent David Lewis to terminate the employment of Double Churches Elementary School fifth-grade teacher Chenita Sanks.

Following approximately 40 minutes of closed-door deliberations, all five members present on the nine-person board voted to uphold the termination due to the teacher’s “willful neglect of duties,” board chairwoman Pat Hugley Green of District 1 said while announcing the decision.

Vice chairwoman Laurie McRae of District 5, Vanessa Jackson of District 3, Naomi Buckner of District 4 and Kia Chambers, the board’s lone countywide representative, also voted yes but didn’t speak about the decision.

The Ledger-Enquirer emailed those board members to give them an opportunity to explain their rationale. Two replied before publication.

McRae declined to comment because this is a personnel matter. Chambers said in an email, “This one was a difficult decision for me personally, but as a board the decision was ultimately based on policy.”

The L-E also sought reaction from Ted Theus, the lawyer representing Sanks during the hearing.

“We were obviously disappointed with the decision last night as the testimony established that Dr. Sanks is an outstanding person and a fine educator who has dedicated 19 years to teaching students in the MCSD,” Theus said in an email Wednesday. “I have not yet had an opportunity to speak with Dr. Sanks about what, if any, additional action she may take going forward.”

MCSD’s case against Chenita Sanks

Here’s a summary of MCSD’s case against Sanks, presented to the board by Mariel Smith of the law firm Hall Booth Smith:

Sanks was among the teachers and students who attended remotely under the district’s hybrid model after schools reopened from the COVID shutdown in 2020.

When the district ended that option in 2021, Sanks went on leave for 12 months. After she exhausted her leave time in August 2022, Sanks still didn’t return to school.

MCSD sent Sanks a termination notice in March 2023.

The school district does have an option for remote instruction and learning, called Lighthouse Virtual Academy, but those classes are for students in grades 6-12, and Sanks’ certification is for teaching in elementary school.

Chenita Sanks’ defense

Sanks graduated from Columbus High School in 1996. She earned a bachelor’s degree in early childhood education from Columbus State University in 2002, a master’s degree in instructional technology from Troy State University in 2003, a specialist’s degree in elementary education from Troy in 2005 and a doctorate in educational leadership from Mercer University in 2009.

Here’s a summary of her defense, presented to the board by Theus:

The COVID pandemic exacerbated Sanks’ chronic anxiety. Her husband was at higher risk for severe health complications because of his disability, and she had several relatives and friends die from the coronavirus. So her medical providers advised her to teach remotely.

Sanks wants to continue teaching virtually for MCSD from her office at the House of God, the Midland church where her husband is the lead pastor and she is Christian education director. That’s the location from where she testified via video conference during Tuesday night’s hearing.

Like all public school teachers with tenure in Georgia, the contract Sanks had with MCSD requires the school district to inform the teacher she has the right to have the board hear her termination appeal. But the March 17 letter she received didn’t include that information.

It was only until six months later when she received that information in an amended termination letter.

Smith countered that MCSD, as a Strategic Waiver School System, is allowed flexibility from state rules, such as the Fair Dismissal Act.

Theus argued that MCSD’s policy says every effort would be made to return an employee to work after exhausting leave time, and the link the human resources department sent Sanks for MCSD job openings didn’t include any educator positions.

Smith countered that Sanks didn’t follow up with the department to request other job openings.