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Kalispell school district seeks to dismiss suit filed by former teacher

SCOTT SHINDLEDECKER | Hagadone News Network | UPDATED 4 years, 10 months AGO
by SCOTT SHINDLEDECKER
Hagadone News Network | May 8, 2021 12:00 AM

A former Kalispell Public Schools teacher has sued his former employer for defamation, negligence and infliction of emotional distress in connection to an alleged relationship with a former student, but it appears the lawsuit was not served properly.

The lawsuit was filed by Bruce Guthrie in Flathead County District Court last July. He taught at Flathead High School for 17 years before resigning in 2017.

Court records indicate the lawsuit was served on Aug. 4, 2020, to Kalispell Public School Superintendent Micah Hill’s administrative assistant, Beth Kornick.

But Hill said the suit was not served in a proper manner.

“The district has not been properly served,” Hill told the Inter Lake. “When one sues a school district, it must be served to a school trustee. It can’t be handed to me, an administrative assistant or any other employee.”

In a court filing Wednesday, Flathead County District Court Judge Heidi Ulbricht ordered a proposed judgment summary against the Kalispell school district in the amount of $441,212.

A motion to set aside the default judgment was filed in district court Thursday, May 6.

In it, attorney Tony Koenig, who is representing the school district on behalf of the Montana School Board Association, stated the suit was also sent to the state of Montana. But he said attorneys for the school board association never received the proposed court order for a default judgment.

Hill said school attorneys will introduce a motion to dismiss the suit at a hearing Monday, May 10.

In the event the suit is dismissed, Guthrie and his attorney, William Rideg, will have to make a decision on whether they will serve the lawsuit to a trustee and refile the suit.

Rideg did not respond to multiple phone calls seeking comment about the suit.

Guthrie is seeking economic damages and punitive damages for defamation, for the negligent hiring, training, supervision and negligence of school district employees because Guthrie alleges the school district breached its duty, which resulted in his suffering great shame, mental suffering and the loss of his professional and community standing.

THE CASE began in July 2017 when Guthrie became involved in an investigation by Kalispell Public Schools Director of Human Resources Tracy Scott. According to court documents, her investigation dealt with Guthrie’s involvement with a former Flathead High School student.

The investigation began after a 19-year-old female student had an informal meeting with a current school faculty member at a coffee shop in Kalispell.

The faculty member then reported his version of the conversation to Scott, according to a court filing. Then, on July 27, 2017, Scott told Guthrie she would conduct a “full investigation” into allegations of Guthrie’s behavior involving a “student.”

Guthrie asserts the woman was not a student at the time and she was 19 years old.

Scott allegedly told Guthrie he must only communicate with his union representative and he was not to communicate with anyone else, including the woman.

Guthrie also alleged Scott held the young woman at a Kalispell Public Schools facility for a five-hour interview. He alleged Scott and another employee, Chelsea Cattelino, manipulated and bullied the woman into making numerous false and inaccurate statements. Guthrie further claimed the woman was not represented by counsel during the interview and she wasn’t informed she could leave at any time.

The result of the interview allowed Scott to cherry-pick quotes, place statements out of context, use unverified assertions as facts and fabricate rumors into facts, according to the suit’s allegations.

GUTHRIE ALSO stated in the complaint the woman appeared at his home. He told her he couldn’t speak to her and she allegedly said the [school] district was “corrupt” and she was being used by them.

Guthrie said he called his union representative while his wife spoke to the woman and he left the home. When Guthrie spoke to his union rep, he was told the woman could make another statement.

Then, on Aug. 24, 2017, Guthrie said he received a letter from Scott in which he was allegedly accused of witness tampering. Guthrie alleged in the complaint Scott wrote in the letter of her intention to terminate his employment.

Guthrie also said the woman was granted a second interview with Scott and it was recorded by legal counsel for Kalispell Public Schools. He alleged the woman tried to clarify statements, but Scott refused to allow it.

Guthrie alleged Scott told the young woman she had enough evidence of his wrongdoing and the second interview was done to “humor” the woman.

Guthrie also claimed a major tenet of Scott’s allegations involved the young woman’s relationship with Guthrie’s family, but she didn’t interview his wife, who asked to be interviewed.

Then-Superintendent Mark Flatau wrote a letter to Guthrie on Aug. 24, 2017. A meeting followed and included Guthrie, his union representative, Flatau, Scott and others.

Guthrie, in the suit, said his union rep encouraged him to resign or the offer of compensation for paid time off and retirement would be rescinded. Guthrie also maintained he was told the circumstances leading to his resignation would not be disclosed by the school district.

Guthrie said with that information, which he said was inaccurately proposed by school representatives, he was forced to accept resignation.

Guthrie went on to allege Flatau inaccurately quoted from the district’s Personal Conduct Standards, which Flatau alleged Guthrie violated.

Guthrie also alleged Scott repeatedly referred to the young woman as a student. He alleged the young woman was not a student of any Kalispell Public School at the time of Scott’s investigation or any time when the alleged events occurred.

Guthrie also alleged school officials spread rumors and leaked information in the Kalispell Public School and Flathead High School communities and the rumors spread to the Flathead Valley Community College, the University of Montana and state Office of Public Instruction.

Finally, Guthrie alleged Flatau failed to supervise Scott and the investigation and his lack of oversight caused severe and ongoing damage.

Scott Shindledecker may be reached at [email protected] or 406-758-4441.

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