District says records should be released

FAYETTEVILLE — The School District responded Monday to a lawsuit seeking to prevent disclosure of records related to former Superintendent Matthew Wendt’s firing, saying most of the documents should be made public.

The woman who said she was the target of sexual harassment by Wendt sued earlier this month to block release of related documents requested under the state’s Freedom of Information Act, saying her personal privacy should outweigh the public’s right to know.

Filed on behalf of “Jane Doe” in Washington County Circuit Court, the lawsuit contends the records, if released, would be an unwarranted invasion of her privacy.

In Monday’s answer, the district said recent attorney general opinions appear to affirm its position.

“In making its determination that the records at issue should be released, FPS (Fayetteville Public Schools) acted in good faith and with appropriate and reasonable grounds for believing that its actions were in compliance with appropriate legal authority,” according to the answer. “Specifically, FPS relied on the FOIA and cases and opinion letters interpreting the FOIA in determining that the documents at issue are subject to disclosure. Subsequent opinions from the Arkansas attorney general concurred, for the most part, with FPS’s determination.”

The district will not release the requested documents until a judge says

they can, according to the answer.

“Thus, FPS is caught in the middle of plaintiff and those individuals who have requested the documents that FPS has determined should be released,” according to the answer. “Thus, FPS respectfully requests that the court expeditiously review the documents at issue and make a determination as to whether the records at issue may be released.”

The answer notes attorney general opinions were requested by two individuals, one being the woman. The opinions were issued July 9, two days before the lawsuit was filed, and said all but one of the documents are releasable under FOIA. The opinions aren’t legally binding.

“The records to be disclosed contain graphic text messages that are exceptionally personal in nature. Such information would subject the plaintiff and her family to embarrassment, harassment, and could impact her employment and relationships with friends,” according to the woman’s lawsuit.

The lawsuit goes on to argue the School District shouldn’t be allowed to release the requested documents.

“Because her complaint involved the superintendent, whose discipline is made public, her children have already had to face questions and comments at school about their mother,” according to the lawsuit. “Though the superintendent’s termination is unquestionably a matter of public concern, the competing interest of the plaintiff’s personal privacy should be protected by FPS.”

The School District contends those are personal opinions, not legal argument.

The lawsuit also contends the records deal with the woman’s role as a victim of sexual harassment. But, the School District denies several times in their answer the woman was sexually harassed.

The lawsuit seeks an injunction preventing the School District from releasing the records.

The Northwest Arkansas 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.