The Mercury News

Former Newark Memorial High principal suing district

Lawsuit claims he was wrongfully terminated and slandered

- By Joseph Geha jgeha@bayareanew­sgroup.com

NEWARK » A former principal of Newark Memorial High School is suing the school district for wrongful terminatio­n and defamation, claiming the superinten­dent and other officials forced him out with no evidence he did anything wrong, according to a court filing.

In a complaint filed Oct. 24 in Alameda County Superior Court, lawyers for Paul Bretz, who was appointed principal of the high school in June 2018, also claim Newark Unified School District Superinten­dent Patrick Sanchez, Human Resources director Jessica Saavedra and school board members slandered him.

Greg Rolen, Bretz’s lawyer, said Monday that the district’s false statements about him and its handling of the situation effectivel­y forced him to move out of state to get another job.

“They made up a disciplina­ry action, there was absolutely no evidence of it,” Rolen said.

Bretz was placed on paid administra­tive leave in November 2018, less than three months after the first day of school that year, after he was accused of mishandlin­g a sexual assault investigat­ion and a disciplina­ry meeting with a special education student, according to the complaint.

The district later issued him multiple resignatio­n offers, including two month’s salary, all of which he refused.

The complaint against the district also says officials punished Bretz when he refused to resign.

In a statement of charges and recommenda­tion for dismissal Bretz received from the district — and reviewed by this news organizati­on — the district described Bretz’s behavior as “inexcusabl­e, unethical and immoral,” and claimed his conduct toward students was “harassing, threatenin­g and intimidati­ng.”

The statement also added other allegation­s against Bretz, including claims that he mishandled the firing of a cheer coach and tried to start a rugby club for students after being told he didn’t have the authority to do so.

After he asked for an open hearing about the charges against him at a school board meeting, Bretz claims the district dropped all of the charges but declined to let him return to work, instead telling him he would not have his contract renewed the following school year.

“Ultimately, Paul wants to go back to work as the principal of Newark Memorial,” Rolen said. “I know that sounds very odd, but he was a very successful principal. He had things really going well there.”

The way the district handled the situation has made it difficult for Bretz to find another job in the meantime, Rolen said.

“When you get placed on paid administra­tive leave, you’re a pariah,” Rolen said. “Paul sent out about 140 resumes and he couldn’t get a job in the state of California, so he had to move to Washington,” where Bretz has taken another job as a teacher.

Saavedra said Tuesday afternoon that neither she nor Sanchez would comment for this story.

“At this point,” the human resources director said, “we cannot discuss any litigation with the press.”

Bretz was not immediatel­y available for comment.

The complaint says the district officials’ conduct toward Bretz “was so extreme and outrageous that it exceeded the boundaries of a decent society,” and was intended to cause “severe emotional distress.” It also says that it has caused Bretz “substantia­l losses in earnings and other employment benefits,” and that Bretz “continues to suffer humiliatio­n, embarrassm­ent, emotional distress and mental anguish” over the situation.

“What we’re really hoping is that somebody starts to talk to us,” Rolen said in reference to the district.

Asked if the complaint against the district would be dropped if Bretz was offered the job of principal back, Rolen said “probably” and that could be a “great resolution” to the situation.

“He wants to come back to Newark Memorial and be the principal,” he said. “He wants to be reimbursed for all the costs that he has lost pursuing this. And he wants some justice, he wants the public to know he really didn’t do anything wrong. We don’t want to necessaril­y litigate this to the end, but if we have to we will.”

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