Former principal's lawsuit claims she was demoted for reporting alleged death threats

LONG BEACH PRESS-TELEGRAM
Kelly Puente
July 4, 2012

CERRITOS - When a teacher at Stowers Elementary School in Cerritos allegedly made death threats against two other teachers, then-principal Eileen Blagden thought she was doing the right thing by reporting the incident to police.

"I was told (by an ABC Unified School District employee in the Human Resources Department) not to say anything or tell anyone," Blagden said.

"But I thought I was protecting the students and teachers by going to the Sheriff's Department. I figured the district would see my side of it."

Blagden said she didn't expect to lose her job.

After she reported the death threat incident to authorities in 2010, Blagden said she was put on administrative leave and ultimately demoted to a teaching position.

The 51-year-old La Mirada resident and mother of two hired a lawyer and filed a lawsuit against ABC Unified, alleging retaliation for whistle-blowing. The case is now making its way through the court system.

Last week, Los Angeles Superior Court Judge Joanne O'Donnell denied the school district's motion for a summary judgement. The judge set a jury trial for Oct. 31.

ABC Unified Superintendent Mary Sieu declined to comment on the case, citing confidentiality in personnel matters.

Sieu, in an email, said the teacher who allegedly made the death threats, Kevin Michael Kirby, is "no longer working" in the district.

Sieu, who officially replaced retired former Superintendent Gary Smuts this month, didn't say when Kirby stopped working for ABC Unified nor the circumstances surrounding his departure.

Kirby couldn't be reached for comment this week.

Blagden's attorney, Ronald Wilson, said he reviewed her personnel files and found no negative performance evaluations during her years as principal.

Blagden, an educator for 26 years who previously taught in the Anaheim City School District, joined ABC Unified in 2003 as principal of Stowers.

In the 2009-2010 school year, Kirby, a tenured teacher with the district, was transferred from a middle school to a kindergarten class at Stowers following a period of suspension, Blagden said.

She said district officials didn't say why Kirby had been suspended from his previous teaching position.

Los Angeles Superior Court records show Kevin Michael Kirby had legal problems in Long Beach in early 2009 when he faced two charges of lewd conduct and indecent exposure in a public place.

Kirby was acquitted of both charges but was found guilty of a misdemeanor charge of being in a public park, beach or building during closing hours.

State records show that Kirby still holds a teaching credential, which expires on Oct. 1.

Halfway through the school year, Blagden said Kirby was involved in an accident while riding his motorcycle on the freeway. The teacher, she said, showed up at the school disheveled and distraught but insisted on teaching his class.

"He told me he had refused medical treatment at the scene of the accident," Blagden said.

Disturbed by his condition, Blagden urged Kirby to get medical treatment and told him he couldn't report to his classroom.

She said Kirby became visibly distraught and at one point said, "I wish I was dead." He then said he had been having problems with two of his fellow kindergarten teachers and wanted to hire a "hit man" to kill them, according to Blagden.

Blagden said she excused herself from the room and called the district's Human Resources Department.

A short time later, human resources personnel and a representative of ABC Unified's teachers union arrived and escorted Kirby to a medical facility.

Blagden said she was told by district officials not to do anything else and that the school district would handle the situation. But as the weekend came, Blagden said she was concerned that Kirby would return to the school the following Monday.

She filed a report with the L.A. County Sheriff's Department over the weekend and notified the two teachers Kirby allegedly identified as targets. The following week, Blagden claims she was placed on administrative leave for "unknown reasons."

The L.A. County District Attorney's Office decided not to pursue the death threat incident and dropped the case, she added.

Blagden claimed the school district subsequently investigated her for about three months. In June 2010, she was reassigned to teach at another elementary school in the district.

Blagden is seeking salary compensation and an unspecified amount in emotional damages.