State supreme court to hear wrongful termination case against South Bend school district

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The Indiana Supreme Court bench in the Indiana Statehouse (IL file photo)

The Indiana Supreme Court will hear oral arguments in January in a case where a woman sued the South Bend Community School Corporation, alleging wrongful termination of her employment with the school district.

The high court accepted the school district’s petition to transfer and will be hearing arguments on Jan. 23 at 9 a.m. in the Supreme Court Courtroom in the Indiana Statehouse.

According to court records, Connie Grabowski claimed the school district constructively discharged her in retaliation for her intent to file a worker’s compensation claim.

Grabowski worked for the district as an elementary school teacher for 22 years.

In April 2016, Grabowski told her students to line up in the hallway in two lines so that they could use the restroom. As Grabowski stepped away from the students, a student left the line and approached Grabowski on her right side. The student made contact with Grabowski, which caused her to trip and lose her balance.

Grabowski filled out the district’s required worker’s compensation accident report form and wrote that she suffered pain in her right ankle, wrist, and thigh.

The school district opened an investigation into whether Grabowski had harassed and bullied the student.

It offered Grabowski an agreement that she would lose five days of pay, that she would be transferred to another school to a position for which she was certified, and that she would be required to complete certain professional development training, and that she would refrain from communicating with the student and the student’s mother.

Instead of signing the agreement, Grabowski resigned and filed a complaint in St. Joseph Circuit Court against the district.

A jury agreed with Grabowski, awarding her $600,000 in damages.

In May, the Indiana Court of Appeals affirmed the St. Joseph Circuit Court’s judgment in a memorandum opinion.

The school corporation previously brought two issues to the appellate court.

It questioned whether the trial court erred when it denied the school corporation’s motions for judgment on the evidence, claiming that Grabowski did not present evidence to support the elements of her claim.

The school corporation also raised the issue of whether the trial court abused its discretion when it denied the school corporation’s motion for mistrial because of the length of the proceedings on the last day of trial.

The case is South Bend Community School Corporation v. Connie Grabowski, 24S-CT-395.

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