An elementary principal who claims Tunkhannock Area School District wrongly suspended him has filed a federal lawsuit seeking more than $75,000 for back pay and other damages.
Joseph P. Moffitt, who served as principal of the Evans Falls and Mill City elementary schools, said district officials violated his civil rights by failing to provide him a full opportunity to defend himself against allegations relating to his oversight of a assessment test given to students.
The lawsuit, filed last week by attorney Andrew Katsock of Wilkes-Barre, states that Mr. Moffitt was suspended on June 7, 2012 based on allegations he failed to properly administer the 4Sight assessment test, which measures students' aptitude.
According to the suit, Mr. Moffitt was questioned by the school district's attorney, Jeffrey Tucker of Bethlehem, for 2½ hours that day, but Mr. Moffitt was never provided details of the evidence against him.
Mr. Moffitt did not learn any additional information until more than one month later, when he received a letter from the district. The letter provided only general information and did not detail the specific allegations or identify witnesses who made the claims. The lack of information impeded Mr. Moffitt's ability to prepare a defense for a termination hearing that was held on Sept. 19, Oct. 24 and Nov. 8, the suit states.
The district notified Mr. Moffitt by letter on Nov. 16 that the school board had rejected the administration's recommendation he be terminated and opted instead to continue his unpaid suspension until Jan. 28, 2013. The suspension cost Mr. Moffitt $53,675 in lost salary and vacation time as of December 2012, according to an exhibit attached to the lawsuit.
The suit claims the district violated Mr. Moffitt's rights to due process. It seeks compensatory damages on seven counts, including breach of contract, wrongful suspension in violation of public policy and intentional infliction of emotional distress.
Efforts to reach Mr. Tucker were unsuccessful.
Contact the writer: tbesecker@ timesshamrock.com