A floriculture teacher with Toledo Public Schools who was suspended for allegedly giving away plants and other district property filed suit against the school board in Lucas County Common Pleas Court.
Jessica Hammer alleges in her suit that the hearing officer who recommended she be fired did not have “good and just cause” for her finding. Hired in September, 2011, to teach at the Natural Science Technology Center on Elmer Drive, she has no prior disciplinary action with TPS,
“It’s very, very sad and unfortunate that Toledo Public Schools, through its hearing officer who obviously had some type of bias, would make this conclusion and essentially accuse Ms. Hammer of stealing,” said attorney Thomas Sobecki, who filed the complaint on Ms. Hammer’s behalf Monday.
On June 15, Hearing Officer Denise Onyia concluded after a disciplinary hearing that Ms. Hammer had given “large, mature plants” to a commercial vendor and to a teacher from another school without permission while maintaining she only gave away “cuttings or splits” of plants. Ms. Onyia also found that while Ms. Hammer claimed that a bird of paradise plant and some pots and vases that she gave away were her property, she did not have receipts to verify that.
“Flatly stated, the evidence does not support any portion of Ms. Hammer’s testimony; rendering Ms. Hammer’s testimony disingenuous, evasive, intentionally misleading, and unbelievable,” the hearing officer concluded.
In her lawsuit, Ms. Hammer contends Ms. Onyia was not qualified to render an opinion on the case because she had no training in floriculture — the cultivation of flowers — that Ms. Hammer could not have been expected to have receipts for purchases made years before, and that it is common practice for agriculture education teachers to share resources when it does not adversely affect their program.
Ms. Hammer is asking the court to reinstate her to her job, expunge all records related to the disciplinary case, give her backpay, and reimburse her for all costs, including attorney fees.
TPS spokesman Patty Mazur said she could not comment on pending litigation. She confirmed that Ms. Hammer was suspended with pay May 24 but said she has not been fired. The school board has not acted on the recommendation and does not meet again until Aug. 23, Ms. Mazur said.
Contact Jennifer Feehan at: jfeehan@theblade.com or 419-213-2134.
First Published July 20, 2016, 4:00 a.m.