ODAM Law

Board to consider settlement with Jimenez

11th September 1999

Board to consider settlement with Jimenez

Date: 9/11/1999

by BILL GUIDA

KENOSHA NEWS

Kenosha Unified Superintendent Michael Johnson is recommending a settlement -- including back pay -- with Santos ``Saint'' Jimenez, who has a grievance and a civil rights complaint pending against the district.

The School Board will consider the settlement proposal Tuesday at its regular meeting at the Educational Support Center, 3600 52nd St.

Johnson declined comment Friday on the settlement.

Jimenez was not removed from his teaching position but was relieved of his job as head basketball coach at Tremper High School in 1998 after allegedly using vulgarity in addressing players. He had held the post since 1976.

In 1995-96, he was suspended for most of the season following allegations that he made inappropriate racial remarks to his social studies class.

Under the proposed agreement:

/z Jimenez would accept the head coach position for Reuther Central High School's fledgling basketball program, which is entering its third year.

/z He would accept Unified's denial of illegally discriminating against him and that the district admits no wrongdoing.

/z Unified would accept Jimenez' denial of engaging in inappropriate conduct while head coach at Tremper, including allegations of vulgarity and abusive conduct.

/z He would also agree the decision to suspend him as coach and hire a replacement were not disciplinary actions.

/z Unified would agree he is fit to coach.

Jimenez also must agree, without cost to Unified, to dismiss discrimination charges now pending before the Equal Rights Division of the Department of Workforce Development and the Equal Employment Opportunity Commission.

Within 14 days of the cases being dismissed, Unified would put Jimenez on ``paid leave'' for the 1998-99 basketball season and pay his coaching salary for 1998-99.

In addition, Jimenez and the Kenosha Education Association must drop pending grievances related to his removal from Tremper and the decision to reassign him to Reuther as a coach.

And he must waive any related claims alleging age or disability discrimination under the 1964 Civil Rights Act.

Jimenez was not available for comment Friday. However, his signature appears on settlement documents as of Sept. 3.

His attorney, Gino Alia, said if approved, the agreement satisfies Jimenez by getting him back into coaching, establishing the allegations were not a basis for discipline, and that he was and continues to be fit to coach.

Board President Polly Munn said Friday she favors the agreement.

``I think it's something we need to get behind us. It could have gone to a court proceeding. I think this is the best way to handle it,'' Munn said.

She said she doesn't believe ``the agreement says he didn't do anything inappropriate'' and that the Reuther offer was made as a compromise. She said the public can come to its own conclusions on the matter.

Last year, before any formal complaints had been filed, Johnson offered Jimenez the Reuther job, but Jimenez declined.

But Alia and Michel Bernier, the KEA executive director, say the agreement clarifies the reassignment as a nondisciplinary action.

``The outstanding issue when the involuntary transfer was suggested was that it didn't bring any closure to the allegations. That's what this does. It brings everything to a close,'' Alia said. ``That's what it's intended to do.''

Bernier said the agreement is equitable under the teachers union contract with Unified.

``When they offered him the position at Reuther we filed a grievance alleging discipline without just cause. In the final agreement, (Jimenez)is saying he'll take the transfer,'' Bernier said.

``Since the district agrees there was no underlying cause, and he accepts the transfer, the discipline issue and grievance go away.''

Meanwhile, Bob Cookson, a supervisor at Abbott Laboratories in Abbott Park, Ill., who coached Reuther's team last year said nobody from the district has contacted him about having the job again this year.

He said he was glad to have gotten the opportunity to work with the Reuther players for a year and thinks Jimenez will have a positive influence on the Reuther program.

``God bless him, I hope he does well. With all his experience, I'm sure he's a better basketball coach than me,'' Cookson said. ``I just hope he takes care of the kids. They're good kids over there.''