Edhat Staff
Ed Behrens speaking on his own behalf during the March 13, 2018 meeting (Photo: John Palminteri of )
The recently demoted principal of San Marcos High School, Ed Behrens, has filed a lawsuit against the Santa Barbara Unified School District (SBUSD) as a new interim principal was selected.
On Monday, the papers were filed by local law firm Capello & Noël on behalf of Behrens alleging a violation of constitutional rights and unlawful retaliation in violations of California’s labor codes. They are demanding a jury trial and that Behrens is reinstated to his position as principal of San Marcos High School.
Behrens has been employed by SBUSD for twenty-seven years, with twenty years at San Marcos High School. He was named assistant principal in 1997 and promoted to principal in 2011.
Just this past March, Behrens was demoted from his principal position despite a strong showing of support at a community meeting. Behrens came under fire after many felt a threatening message on social media targeting students was mishandled by administrators. Parents complained they were not promptly informed and their children were put at risk. The Santa Barbara County Sheriff’s Department did not find an immediate threat relating to the video.
Despite nearly three hours of positive public comments, the majority vote of the school board ruled to continue with demoting Behrens, largely being referred to as a “personnel matter.”
“Ed Behrens is a respected and highly qualified administrator. He was demoted from his position as principal of San Marcos without being given his due process rights as required by law, and his reassignment therefore is improper. Following the reassignment, the District attempted to justify its action with demonstrably false statements, and with other vague and unsubstantiated statements that prove Mr. Behrens was denied his rights of due process. We look forward to seeing this injustice rectified,” said Leila J. Noël, Partner at Cappello & Noël law firm.
A representative of SBUSD stated they cannot discuss litigation. However, SBUSD did announce today that the school board approved the appointment of Dr. Richard Rundhaug as the interim principal of San Marcos High School for the 2018-19 school year at a meeting on Tuesday. The vote was 4-1, with Laura Capps voting against. Dr. Rundhaug has served multiple school districts in Arizona as a superintendent, assistant superintendent, director, principal and teacher over twenty-eight years. The district will initiate a search for a permanent principal for SMHS in February 2019.
The lawsuit alleges the District School Board members, and District Superintendent Cary Matsuoka ignored community support for Behrens and “unlawfully removed him from his position in an obvious attempt to make Behrens the scapegoat for District missteps in the wake of a publicized online threat incident, and to forward a larger, harmful agenda.” It asserted that Behrens has been reassigned as a junior high school social studies teacher with a salary cut of over $50,000 per year.
In regards to the public meeting in March, the lawsuit states the school district ignored the views of community supporters and “attempted to quell the backlash by charging Behrens, after the fact, with serious, undisclosed misconduct, and previously unmentioned implications of racial bias in the admittance procedures of academies developed by Behrens at SMHS.” It goes on to state this has caused humiliation and damage to Behrens’ professional reputation.
Superintendent Matsuoka is mentioned in the filing for making “sweeping changes to District administration staff” after being appointed to the job twenty months ago. “On information and belief, the District experienced an inordinate number of outgoing administrative staff since the 2017 school year began: Barbara Keyani, District Public Information Officer, unexpectedly retired; Helen Rodriguez, Assistant Superintendent of Special Education suddenly resigned her position, replaced by current Assistant Superintendent Frann Wageneck; Jackie Mora, Director of the EL Program, unexpectedly resigned her position mid-year; Dave Hetyonk, director of facilities and operations, announced his retirement this year; Donna Ronzoni, VAPA Coordinator, unexpectedly announced retirement; Alicia Saballa, Principal of Santa Barbara Community Academy retired mid-year, and Mitch Torina, Assistant Superintendent of Human Resources, unexpectedly retired this year. Shawn Carey, principal of Dos Pueblos High School, was reassigned to assistant superintendent of secondary education in December 2016, and John Becchio, principal of Santa Barbara High School, was reassigned to the District human resources department effective July 1, 2018.”
Perhaps the most creative complaint against Matsuoka is an allegation that he made a “profane and lengthy gesture” at one of Behren’s supporters who was addressing the superintendent and board. The lawsuit alleges the photograph captured by KEYT News “provides evidence of the bias, contempt, ill-will and malice exhibited by Matsuoka towards Behrens and those community members who were properly expressing concerns over matters of grave importance to their children’s education and futures.”
Matsuoka told KEYT reporter Beth Farnsworth, “I don’t flip people off … Whether my hand was in that position or not, or photo-shopped, I don’t know, I don’t remember. But I don’t flip people off. That’s not who I am. That’s not the way I’ve led my life.”
The lawsuit orders SBUSD to reverse its March 13, 2018 demotion of Behrens, reinstate him to his position of principal of San Marcos High School, pay him any back pay and/or benefits lost as a result of that demotion, award cost of attorney’s fees, and damages.
The official document filed with the Santa Barbara Superior Court is available below:
Past Articles
- January 25, 2018: Search Warrants Issued after Disturbing Internet Video
- February 6, 2018: OP ED – School District’s Response in San Marcos Internet Video
- March 2, 2018: Parents Rally Around Demoted San Marcos Principal
- March 12, 2018: Sheriff Investigating San Marcos Lockdown Due to Fireworks
- March 13, 2018: School Board Meeting Location
- March 14, 2018: School Board Demotes San Marcos Principal Despite Community Support
That’s a very erect finger. Takes some muscle control to do that. And his face looks rather smug about it. I am not involved with this issue, but the supe looks like a shmuck. Sounds like one too.
They’ve got “the goods” on Behrens. Behrens needs to update his rez, and get on with things.
The fact is, there is so much we don’t know about this yet. We’re only seeing Behren’s side and not the formal complaints and issues that the School Board and District have. I hope this is settled in mediation but I doubt that will happen and all of us will be paying for it. I’m sure teachers in the district aren’t excited about forgoing raises and school supplies to pay for this litigation.