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Former Teacher Plans To Fight Termination Through Arbitration

Thursday, June, 20, 2013


 

 

After spending 19 years working as a physical education teacher at a Catholic High School, Carla Hale was fired as a result of her sexuality. Hale’s attorney plans to seek binding arbitration for her client as part of a goal to get the teacher’s job back. Hale had been a successful teacher at an Ohio Catholic school for many years when she was terminated in March of 2013 after she was notified she had violated the “morality clause” of her contract by having a relationship with her partner. Hale was terminated after diocesan representatives received an anonymous letter that linked Hale to her partner through an obituary.

 

Hale immediately requested a reinstatement and her attorney said there was never a doubt they would pursue binding arbitration. Hale would be responsible for paying for the services of an arbitration professional from the American Arbitration Association. In most arbitration cases, the costs of going though the process would be split by both parties, but the professional teacher association decided not to back Hale in her pursuits, leaving her with no other option but to pay for the cost herself.

 

Hale and her attorney are seeking the services of an arbitrator from the American Arbitration Association because of the neutral nature of the arbitrators and the high quality professionals available through that organization. Hale’s attorney, Thomas Tootle, is hopeful that her case will be considered with an open mind, which he feels is something she has not currently received. The organization has a long history of working with individuals and arbitration cases and providing positive outcomes through alternative dispute resolution. Through the collective bargaining agreement, a list of seven possible arbitrators will be provided, and each side will have the opportunity to strike three arbitrators from the list. The remaining person on the list will arbitrate the case