Northwest Arkansas Democrat-Gazette

Attorney general opinion

- Ron Wood can be reached by email at rwood@nwadg.com or on Twitter @NWARDW.

A written interpreta­tion of existing law. Attorney general opinions cannot create provisions in the law or correct unintended, undesirabl­e effects of the law. Attorney general opinions don’t necessaril­y reflect the attorney general’s personal views, nor does the attorney general in any way “rule” on what the law should say. Furthermor­e, attorney general opinions cannot resolve factual disputes. Courts have stated attorney general opinions are highly persuasive and are entitled to great weight; however, the ultimate determinat­ion of a law’s applicabil­ity, meaning or constituti­onality is left to the courts. Democrat-Gazette requested records related to Wendt’s terminatio­n and, according to the lawsuit, other media outlets have also requested the documents. Specifical­ly, material that formed the basis for the School Board’s decision to suspend and then fire Wendt were requested by the newspaper.

Jane Doe’s lawyer, attorney Suzanne Clark, filed a sexual harassment claim with the School District on March 14 and presented Chris Lawson, district general counsel, on March 15 with voice recordings of Wendt and copies of text messages between her

client and Wendt that support her client’s complaint, Clark said in a news release.

Clark filed a complaint May 25 with the Equal Employment Opportunit­y Commission against the School District and School Board. The complaint to the commission details Wendt’s abusive conduct after the woman refused to continue to have sex with him, according to a news release by Clark on June 14. The woman complained Wendt stalked her, sent her numerous text messages while she was at home and at work and told her she could be fired for her actions, according to the news release.

The School Board unanimousl­y voted to terminate Wendt’s contract June 18.

The board cited a breach of contract by violating district policy. Wendt violated the policy through his derogatory and offensive conduct and communicat­ion with a female subordinat­e employee, according to Susan Kendall, a lawyer with the Kendall Law Firm in Rogers and the School Board’s legal counsel.

Alan Wilbourn, public informatio­n officer for the School District, has said the district doesn’t comment on pending litigation.

No hearings have been set in the case.

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