Lockport area school district settles heated federal court case

LOCKPORT – After a legal battle that lasted close to a year and a half, Fairmont School District 89 officials and a former employee have reached a settlement.

The case began May 7, 2014, when former Curriculum Coordinator Debra Acanfora filed a federal lawsuit against the Board of Education and Superintendent Sonya Whitaker the day she was fired.

Board Vice President Joseph Ryan said in a statement last year Acanfora's contract was terminated because she removed a document from the school office without authorization.

Acanfora alleged District 89 officials violated her due process rights in the course of her dismissal and that Whitaker was an abusive boss. District officials in turn denied those allegations and filed a counterclaim that alleged she took school documents and refused to return them.

The two parties agreed to a settlement in early October after a long court battle that was expensive for both. Since the lawsuit began, the board gained new members and switched leadership after the April 7 election.

As part of the settlement, Acanfora, Whitaker and board members agreed to withdraw their allegations in the case. The board agreed to pay Acanfora and her former attorneys about $7,450 and $13,976 through the district’s insurer.

Acanfora said she was thrilled district officials are focusing on the students – many of whom come from low-income families – and staff and not spending more time on litigation. She said she was eager to settle as far back as March.

“I’m happy it’s over,” she said.

Whitaker said she was proud of the work she and board members did to “vigorously defend” themselves throughout the process.

“We were making progress every step of the way. I am grateful we were able to defend ourselves as long as we could,” she said.

She said Acanfora’s allegations against her and the board are “completely false.”

Board President Katie Ulmer declined to comment on the case and deferred to the district’s attorneys.

In an Oct. 8 statement, she stated in settling the litigation the "Board and the Superintendent do not admit any wrongdoing," and that they were prepared to file a motion for summary judgment that would have resulted in dismissal of the case.

In two lawsuits last year – one that amended the previous – Acanfora alleged district officials violated her due process rights in the course of her suspension and dismissal, violated her employment contract and that Whitaker had physically and verbally abused her.

District officials’ attorneys – selected by their insurer AIG – denied the allegations and in a counterclaim alleged Acanfora removed a certified mail receipt in the school office and took school documents that she refused to return. In a response to the counterclaim, Acanfora’s attorneys denied those allegations.

Last summer, the two parties participated in a settlement conference but failed to come to an agreement.

The district's attorneys also requested U.S. District Judge Charles Norgle dismiss three claims from Acanfora, which Norgle granted.

The case was proving expensive for both parties. In July, Acanfora’s attorneys withdrew and she said it was because their costs were not financially feasible for her. Whitaker said the case was becoming too expensive for the district’s insurer, which paid for legal support.

She said she feels confident District 89 would have prevailed if it had the financial support to continue the case. Both parties initially anticipated a seven-day trial to begin March 1 next year, according to court documents.

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TIMELINE

• May 2014: Former Curriculum Coordinator Debra Acanfora files federal lawsuit against Fairmont District 89 officials the day the Board of Education unanimously votes to dismiss her.

• June 2014: District officials respond to the lawsuit and deny Acanfora’s allegations.

• October 2014: Acanfora files an amended complaint, adding more allegations. District officials sought dismissal of three charges and filed a counterclaim.

• December 2014: Acanfora responds to counterclaim, denying the allegations.

• January 2015: Federal judge Charles Norgle dismisses three claims in Acanfora’s lawsuit.

• July 2015: Acanfora’s attorneys file a motion to withdraw their representation.

• August 2015: Both parties review a settlement agreement months after discussing an agreement in the spring.

• October 2015: Acanfora and district officials agree to a settlement.