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School district responds to Thomas lawsuit

Marshall Public Schools Board denies violating the law or Thomas’s rights; no trial dates announced

MARSHALL — Members of the Marshall Public Schools Board on Monday rejected allegations of retaliation and sexual harassment levied against the district by a former middle school principal.

The board formally responded to a lawsuit filed by former Marshall Middle School principal Mary Kay Thomas.

According to court documents, the school district and individual board members Jeff Chapman, Bill Swope and Superintendent Jeremy Williams denied violating the law or Thomas’s rights.

Court records said a pretrial conference in the lawsuit will be held in February, but no trial dates have been set so far.

Thomas sued the school district and school board members in late November. The lawsuit alleges that the school board retaliated against Thomas for refusing to remove an LGBTQ pride flag from a display at the middle school in 2020. The lawsuit also alleges Thomas experienced sexual harassment from Swope.

Thomas was removed as middle school principal, and in July was reassigned as coordinator of special projects, a position that did not exist at MPS before, the lawsuit alleges.

An answer to Thomas’s lawsuit was filed in Minnesota District Court on Monday. The court filings said the school district and board members denied the allegations in the lawsuit, including allegations of unlawful retaliation against Thomas.

The school district’s response to the lawsuit said Thomas was given a notice of deficiency for poor job performance in the summer of 2021. However, they denied allegations that her reassignment as principal was related to the LGBTQ flag controversy.

The lawsuit response said the whole flag display that the LGBTQ pride flag was part of was taken down. A pride flag is now part of a display case specifically dedicated to the student gay-straight alliance group at Marshall Middle School, the response said.

The lawsuit response also denied allegations of sexual harassment. Thomas’s lawsuit alleged Swope had attempted to kiss her neck.

The response said in 2019 Swope attempted to hug Thomas, and she pushed him away. The response claimed Swope “immediately apologized” to Thomas after realizing that the attempted hug was unwelcome.

The lawsuit response also denied allegations that in July Williams refused to allow a transgender student to use restrooms consistent with their gender identity.

The lawsuit response said the defendants are asking that the case be dismissed, and that their costs be recovered.

A pretrial conference for the lawsuit will be held by phone on Feb. 11, court records said. No trial dates have been set so far.

An order filed by federal judge Hildy Bowbeer on Tuesday said attorneys in the lawsuit must meet at least one week before the pretrial conference. The purpose of the meeting will be to talk about discovery issues for a trial, as well as whether the lawsuit could reach a possible settlement.

A report of the meeting and a confidential settlement letter are due by Feb. 4, court documents said.

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