Olathe school official reported sexual harassment. The district retaliated, suit says
When Andrea Paulakovich reported that she was being sexually harassed by a fellow Olathe school district administrator, she was offered three choices: continue working with her harasser, take a demotion or resign, according to a federal lawsuit filed Sunday.
In the lawsuit filed against the district, Paulakovich says she was subjected to severe and ongoing sexual harassment by Rich Wilson, the district’s former director of curriculum and assessment, who resigned this past spring. She accuses Wilson of creating a toxic environment where he touched her upper thigh, constantly eyeballed her, commented on her looks and referred to her as his “work wife.”
While district leaders found her claims credible and said Wilson behaved inappropriately, they decided his conduct did not rise to the level of sexual harassment, the lawsuit says. They recommended Wilson undergo sensitivity training.
Paulakovich argues that she was retaliated against for speaking up, including having her job duties diminished, and that she eventually learned her position was being eliminated.
The Olathe district offered her a $200,000 severance agreement if she would quit her job, not sue the district and remain quiet about what happened, The Star previously reported. But she refused.
In a statement on Monday, Olathe district officials said they are “aware of the allegations during the employee’s time with the district and took swift action upon being notified to thoroughly investigate the allegations both internally and externally, above and beyond what is required by law and our board policies. The district will not publicly engage in a detailed accounting and response to each of the allegations, other than to state unequivocally that it denies any allegation that it discriminated or retaliated against this employee. This is not the case.
“Olathe Public Schools takes all allegations of staff misconduct very seriously and we have processes and procedures in place to investigate and address them in accordance with our board policies, state and federal laws. Our focus is and always will be to ensure our staff feel safe and supported at work and we remain steadfast in our commitment to the integrity of our organization and the core values of the Olathe Public Schools.”
Three women last year accused Wilson of harassment. He was reprimanded for all three complaints, but the district determined that just one met its legal definition of sexual harassment.
Paulakovich, who worked for the district for 18 years and was the director of learning services, says in her lawsuit that Wilson’s inappropriate behavior began in October 2019. One night before 9:30 p.m., she said Wilson texted her regarding a work-related matter, and she responded. The next day, Wilson allegedly told her that he was in bed with his wife when her text arrived, and that his wife was unhappy about it.
Hearing about Wilson being in bed with his wife made Paulakovich uncomfortable, the lawsuit says, and she was upset because Wilson had initiated the text conversation.
The next month, Wilson was in Paulakovich’s office reviewing a document. While sitting next to her, he placed his hand on her upper thigh, the lawsuit says. Paulakovich froze in shock.
That December, Paulakovich says she spoke with then-assistant superintendent Brent Yeager — now district superintendent — to report Wilson’s conduct. The lawsuit alleges Yeager “downplayed” her concerns, asking her if she thought Wilson had been joking when he grabbed her thigh. She says he agreed with her that Wilson’s conduct was inappropriate, but to her knowledge, “took no further steps to remedy the unacceptable behavior.”
She also says she directly told Wilson that his conduct was unacceptable, but he responded with anger and allegedly told Paulakovich to stay out of “his lane.”
From the fall of 2019 until April 2021, Paulakovich says Wilson continued to sexually harass her, including calling her his “work wife,” leering at her while telling her she reminded him of his wife, and commenting on her appearance.
Since she complained about his behavior, she claims that Wilson retaliated against her, belittled her, unfairly criticized her work and undermined her ability to do her job.
In late 2020, two other women told Paulakovich that Wilson had harassed them, the suit says. Paulakovich then filed a complaint under Title IX, the law barring gender discrimination in schools.
In April of last year, the district decided that her claims were credible and agreed that Wilson had behaved inappropriately, but concluded that his conduct did not rise to the level of sexual harassment, the lawsuit says. The report following the investigation recommended that Wilson have a letter placed in his file and undergo sensitivity training.
In the meantime, Paulakovich said retaliation against her escalated. She alleged she was subjected to stricter scrutiny and had her job duties curtailed.
In July 2021, Paulakovich claims she was informed that if she wanted to keep her job, she would have to work collaboratively with Wilson. Otherwise, the district offered her a choice between a demotion to a role as assistant principal of a middle school or resignation. She declined and instead filed a retaliation complaint with the district.
She also filed a complaint with the Office of Civil Rights for the U.S. Department of Education.
Paulakovich claims district leaders continued taking away her job duties. In October 2021, she allegedly learned that Wilson had filed a complaint against her, saying she brought meritless harassment claims against him.
Last November, Paulakovich learned that the district planned to eliminate her position. In a letter previously provided to The Star, district leaders told Paulakovich that she could work from home until her position was phased out, barring her from returning to campus.
Or, officials told her, she could resign. The district offered her a nearly $200,000 separation agreement, as long as she did not sue the district and remained quiet about what transpired.
Paulakovich valued her job, the lawsuit says, and did not want to leave in the middle of the school year, so she chose to work from home. During the rest of the school year, she said she was given confusing instructions and was generally blocked from doing substantive work. She continued to feel belittled.
She has since secured a new job away from the district, but at a “significant discount from what she was earning” from the Olathe school system, the lawsuit says.
In December 2021, she filed a discrimination complaint against the Olathe district with the U.S. Equal Employment Opportunity Commission.
Paulakovich is now suing the Olathe district for gender discrimination in violation of Title IX, maintaining a hostile work environment and retaliation. The lawsuit says that she has suffered “humiliation, emotional pain, distress, suffering, inconvenience, mental anguish, and related compensatory damages.”
She is seeking awards in the form of back pay and lost benefits, front pay, compensatory damages under Title IX and for other costs expended and attorney fees.
After months of parents and community members protesting Wilson’s employment, Wilson resigned in April.
Includes reporting by The Star’s Mike Hendricks.
This story was originally published October 10, 2022 at 12:57 PM.
