Commissioner's Decision
Athletic Director Loses Reassignment Appeal
Ruling: An ISD’s “abrupt” and “disturbing” mid-year decision to reassign its 15-year veteran athletic director for teaching only duties at the ISD’s disciplinary alternative education center is upheld. Steven Sumrow v. Caddo Mills ISD, No. 029-R3-05-2019. Issued Jan. 13, by Education Commissioner Mike Morath.
Sumrow had been CMISD’s athletic director for 15 years — and was about six months into his latest two-year term contract for School Years 2018-19 and 2019-20 — when his superintendent notified him (on Jan. 2, 2019) he would no longer be athletic director and instead would be reassigned to teaching-only duties at the ISD’s disciplinary alternative education center.
“Certified Administrator”
In siding with CMISD, the commissioner concluded that reassignment was allowed because Sumrow’s contract specified that it was for a “certified administrator” position that required the contract holder to “maintain” the applicable certification — a criteria that Sumrow did not meet because he held teacher certification only. (The record reflects that Sumrow’s prior contracts in which he was athletic director contained similar provisions.)
The commissioner also noted that Sumrow experienced no loss in pay for the 2018-19 school year, and was given plenty of notice that his pay would drop for the 2019-20 school year when he would be paid at a level commensurate with his teaching-only duties, leaving him free to timely resign before School Year 2019-20 started.
Sumrow’s annual pay reportedly dropped by $35,595 — from $93,996 in 2018-19 to $58,401 in 2019-20.
The commissioner rejected recommendations by a TEA administrative law judge — who had sided with Sumrow and had recommended he be reinstated as athletic director (or to another administrative position) with back pay.
“Abrupt” and “Disturbing” — but “Not Unlawful”
Instead, the commissioner concluded that although Sumrow’s reassignment to teacher-only duties was “abrupt” and “disturbing,” it was “not unlawful.”