Wendt again sues Fayetteville schools, claims breach of contract

FAYETTEVILLE — A former superintendent who was fired after having an affair with a subordinate has taken his fight with the Fayetteville School District to federal court.

Matthew Wendt filed a lawsuit Tuesday claiming breach of contract. He is asking for $929,128 in damages he says he’s owed under his employment contract as well as attorney fees.

The School Board unanimously voted to terminate Wendt’s contract June 8, 2018, citing a breach of contract by violating the district’s sexual harassment policy. Wendt violated the policy through his derogatory and offensive conduct and communication with a female subordinate employee, according to Susan Kendall, lawyer with the Kendall Law Firm in Rogers and the board’s legal counsel.

The lawsuit claims the School Board improperly fired Wendt on the pretext of sexual harassment because no formal complaint was lodged with the board. The lawsuit also claims district officials didn’t follow their own policies and procedures for handling such complaints and no formal investigation report was produced.

Wendt alleges he was told informally by the School

District’s attorney the sexual harassment was unfounded because the relationship was consensual, but he was fired anyway. The district denied allegations of sexual harassment in an Equal Employment Opportunity Commission complaint by the woman, later identified as Shae Newman. Newman’s complaint was later dismissed as being unfounded under federal law, according to the lawsuit.

“At all times relevant to the allegations contained herein, there was no board policy of the Fayetteville School District prohibiting fraternization. i.e., consensual relationships between co-workers, or between a supervisor and a subordinate, nor was a non-fraternization term included in plaintiff’s contract,” according to the lawsuit filed on Wendt’s behalf by his attorney, Travis Story.

The School Board also failed to abide by its obligation under board policy to keep Wendt’s name confidential after Newman’s sexual harassment complaint had

been filed, according to the lawsuit.

The School District responded with a statement Tuesday afternoon.

“This complaint clearly represents the refiling of an identical claim previously dismissed by Circuit Judge John Threet,” according to the statement provided by Alan Wilbourn, public information officer. “As before, the complaint lacks any merit and will be vigorously defended for the purpose of achieving an early dismissal of the case.”

Wendt previously filed lawsuits against the School District and Newman in Washington County Circuit Court. In March 2019, Threet threw out Wendt’s wrongful termination lawsuit.

Wendt filed the lawsuit in September 2018 against Fayetteville Public Schools claiming the School Board wrongfully fired him after he was accused of sexual harassment. The lawsuit contended Wendt was a victim of a rush to judgment and his termination was “merely pretextual in an attempt by FPS to preserve image and relations.”

Threet granted the district’s motion to dismiss the lawsuit.

Another lawsuit filed by Wendt in early August 2018, against Newman was thrown out by Threet in November 2018. Threet found the lawsuit didn’t contain valid legal claims.

Wendt