Waukesha School District seeks to dismiss federal lawsuit from former teacher Melissa Tempel
The Waukesha School District has filed a motion seeking to dismiss a federal lawsuit by a former teacher who was fired from the district earlier this year.
Melissa Tempel was fired in July from her position as a first-grade dual-language teacher at Heyer Elementary School for what Tempel claimed was retaliation for speaking out on her Twitter (X) account against the administration's decision for not allowing the song "Rainbowland" to be performed at a first-grade concert. She filed a lawsuit Sept. 5, the first day of classes for this school year, claiming the district violated her First Amendment rights.
The district filed its motion to dismiss Nov. 1.
Here are some things to know about the district's attempt to dismiss the lawsuit.
Waukesha School District says Melissa Tempel's claims of First Amendment violations lack factual support
In its motion, the district said Tempel's claim that her First Amendment rights were violated "lacks factual support" for three reasons. The motion maintains:
Tempel failed to show she was speaking as a private citizen in her Twitter post. The motion noted she uses "Maestra" (meaning teacher) in her Twitter handle, referred to "my first graders," "our spring concert" and "our administration," and identified her employer as the Waukesha School District. The motion said that, for these reasons, her post reflects that she was speaking as an employee of the school district.
Tempel was not speaking on a matter of public concern, but rather "a classic personal grievance with her employer over the music selection for a grade school concert." The post related to "classic workplace issues," and "concerned her own self-interest within her employment," the motion stated. "This case presents a classic gripe about management that is not protected ..." the motion said.
Tempel failed to show that her interest in speaking outweighed the district's interest in providing educational services. The district experienced "substantial disruption and safety threats" because Tempel decided to go public with her concerns instead of going through "appropriate channels" within the district.
Tempel's attorney, Summer Murshid, said the school district's motion has no merit, "and we are confident it will be denied."
Waukesha School District says Superintendent Jim Sebert didn't deprive Melissa Tempel of her First Amendment rights
The district also argued that Waukesha School District Superintendent Jim Sebert's recommendation to fire Tempel did not deprive Tempel of her First Amendment rights, as Tempel's lawsuit claimed. The district said that it was the school board alone that made the final decision to fire Tempel, and that only the board is authorized to make decisions on teacher employment and dismissal, under state statute.
The district maintains that Sebert acted reasonably in adopting findings of an investigation conducted by Waukesha School District Assistant Superintendent of Human Resources Sharon Thiede and recommending that Tempel be fired.
In his recommendation, Sebert said Tempel's disagreement with the district's decision related to "Rainbowland" wasn't the issue. Rather, the problem stemmed from the manner in which Tempel chose to express her disagreement.
What did Melissa Tempel claim in her lawsuit?
In her lawsuit, Tempel claimed the Waukesha School District and Sebert violated her First Amendment rights, saying that her tweet criticizing the district's decision to ban "Rainbowland" was done as a private citizen and not while she was working. She also alleged the district and Sebert retaliated against her for her speech.
What happens next?
Murshid said she and her client have until Nov. 22 to respond to the district's motion. After that date, she said, the judge will decide whether to grant or deny the district's motion.
Contact Alec Johnson at (262) 875-9469 or alec.johnson@jrn.com. Follow him on Twitter at @AlecJohnson12.
This article originally appeared on Milwaukee Journal Sentinel: Waukesha Schools seeks to dismiss federal lawsuit from former teacher
