A security officer whose lawsuit against the Douglas County School District was rejected by the Nevada Supreme Court on Nov. 26 still works for the school district at Whittell High School and has so for the last four years, Human Resources Director Rich Alexander said on Tuesday.
"The district attempted to terminate him, but his position was reinstated by an arbitrator," Alexander said. "The Supreme Court decision has no effect on his employment."
Alexander said Greg John, the appellant named in the Supreme Court ruling, is a long-time district employee.
"He was terminated, and then the arbitrator ordered the district to take him back," Alexander said. "We thought it best to provide a new location, and since that time in the new location, he has done a satisfactory job. There have been no new complaints."
According to court documents, John started working as a security officer with the school district in 1989. In 2003, he was suspended after a fellow security officer accused him of unprofessional behavior including racial and sexual remarks about students and staff members. According to the Supreme Court opinion, John allegedly "videotaped special education students, made sexually explicit narrations regarding the students and then showed the video to others." In addition, a female teacher accused him of sexual harassment. After his two-week suspension, John also was barred from using school video surveillance equipment.
According to court documents, John filed a grievance with the union at the time, but it was rejected. He then filed a claim with the Equal Employment Opportunity Commission, which also concluded there was no violation.
In 2004, John filed a lawsuit against the Douglas County School District and several employees, accusing them of religious discrimination, violating his right to free speech and violating the Americans with Disabilities Act. He argued that his alcoholism constituted a protected disability.
In 2005, the district fired John after he allegedly obtained confidential student disciplinary records and refused to cooperate with an investigation into the matter. After he was fired, John amended his original complaint to add the employee who fired him and a count of wrongful termination.
His state lawsuit was later dismissed by the district court, and he appealed to the Nevada Supreme Court. On Nov. 26, the high court agreed with District Judge David Gamble that John's activities are not protected and that the lawsuit was properly dismissed. The decision was unanimous, signed by all seven members of the court.
However, not included in the opinion was the fact that John was reinstated at Whittell High School after he had been fired.
"Greg John won his grievance," attorney Jeff Dickerson said in an e-mail. "He won his job back in arbitration. His grievance succeeded and he currently works for the school district in the same capacity."
Dickerson said the Supreme Court did not and could not know this because it happened after Gamble issued his decision.
"[W]e could not add to the record on appeal a matter that did not exist when the judge dismissed Greg's case," Dickerson wrote.
He said the case would be appealed to the U.S. Supreme Court.
"Greg John is confident he will obtain a different decision from the United States Supreme Court, and looks forward to returning to try his claims to a Douglas County jury in a year or two," Dickerson wrote. "That jury, unlike the Nevada Supreme Court, will be able to hear that the arbitrator reinstated Greg as if he'd never left. Greg is pleased with the arbitrator's vindication of his good name, but he still thinks it is important to vindicate his federal rights."
Alexander said the issue is whether an employee can be sued for reporting dubious activities.
"I've defended this along with other employees in the district who reported his activities," Alexander said. "The question is whether people are protected from getting sued if they report something that shouldn't be going on. The Nevada Supreme Court says they are."
Nevada Appeal writer Geoff Dornan contributed to this report.
