STATE OF SOUTH CAROLINA ° IN THE COURT OF COMMON PLEAS COUNTY OF UNION ) ) ) FILED FOR dcorp Leigh Anne Arthur cr IL. ACTION COVERSHEET sup Phaintiths) ep HELO 203 seer ae 00/2, vs CLERS ¢. jess Union County Schools and _David_L. A. SP Individually and_as Representative of Union Count Schools. Defendant(s) ) Submitted By: John M. Read. IV SC Bark 012569 Address: Telephone #: (R64) 501-5110 THE READ LAW FIRM, LLC Fax tt (868) 603-3840 101 W Park Ave Otner: Gresmville, SC 29601 E-mail: eadkaead-leyal com OTH: Thecoverset and information contained herein neither replaces nor supplement the filing and service of pleadings or other papers #8 required by lew. This form is required forthe use ofthe Clerk of Court forthe purpore af dockeing. It man e led cnt completely signed, and dated A copy of this coversheet mut be serve onthe defendants) along with the Summons and Compa DOCKETING INFORMATION (Check alf that appt) *If Action is Judgment/Settlement do not complete [J JURY TRIAL demanded in complaint, CO NON-JURY TRIAL demanded in complaint (2) This case is subject to ARBITRATION pursuant to the Court Annexed Altemative Dispute Resolution Rules, [2 This case is subject to MEDIATION pursuant to the Court Annexed Alternative Disputc Resolution Rules, (1 This case is exempt from ADR, (Proof of ADR/Excmption Attached) NATURE OF ACTION (Check One Box Below) Contracts ‘Torts Profesional Malpeuctice TD Corsinctions (105 Dera Naprstice (200) A Deincottesioncito) gal Maorastize (2109 TD Gemrat (330) Medical Watpractice 220) TD Beaauher Coast ts0) —— Provious Notice of tent Cae & TD Feaudited aith(1509 20 NE TD Faltneso Deter TD Nato tte Mod Mat 230) Want (160) DB onseria99 (1 Fmpeyanen Dissin (170) 1D Fompoymens (180) DB ontse 199 nate Petons DD xeKcs00) 1 Raimaate rv Tacense 800) Th Mersamus (520) tint Roviow wtp TD taseae Corus 530) EJ Rell 8209 onmerss99 I emantIjomtion 880) D1 Foctsicare Patti ($40) TD Fertstare—Comsel Order (850) oe ao, Special Uomple Other G—Pnsironmerat (ale) Pharmaceutical (630) TD Antomosie 406.1610) EI] Une Trade Patios (0) Matin 6205 1 outot state Pepitions (680) Dome a9) TD Aeton to Qua Subpoena in an Ooents Action 0) sows Petar (10) ED Pre Sat Drcrvere (0) Submitting Party Signatu “Torts Person ajery Conversion (310) Motor Vebiole Acids ($20) remit iat (890) rode Hit 33) Peso jr (30) Wrongful Death (350) Assay ater (579) Slander ba 3805 Og ooo00000 ther 399) Sud ganents Settlements Dott Serer (700) Honey gman (710) Macias’ Judgment (720) Mince Selene (730) “Teasrip Judgment (740) Lis Pendens (750) Trane of Suuersed Sclemant Payment Righ= Aeaton (760) 1 Contssion of Podgment (770) Baton sor Workers ‘Compensation. Setlersat Appwewal (780) D other 7993, Dooooo0 ogo000000 o o o o 0 o o o o o o Real Property Chie Davey (400) ‘Cordero (10) oneclonte (420) seca’ Lien (1) Pasion (240) Possession 480) iting Code Vilton (360) ener 99), Appeals Aitaton (900) MMagiate-iel G10) Magisuate Criminal (920) Municipal 30) Probate Cour O80) SCDOT 950) War's Comp 080) Zoning Yeord OW) Publ Service Corn 990) Lemployrnem Sevunty Conan 991) 010611999), Note: Frivolous civil proceedings may be subject to sanctions pursuant to SCRCP, Rule 11, and the South Carolina Frivolous, SCCA / 234 (12/2015) Page | of 2(Cwil Proceedings Sanctions Act, §.C Code Ann. $15-36-10 et, seq a Effective January 1, 2016, Alternative Dispute Resolution (ADR) is mandatory in all counties, pursuant to Supreme Court Order dated November 12, 2015 SUPREME COURT RULES REQUIRE THE SUBMISSION OF ALL CIVIL CASES TO AN ALTERNATIVE, DISPUTE RESOLUTION PROCESS, UNLESS OTHERWISE EXEMPT. Pursuant to the ADR Rules, you are required to take the following action(s): ‘The parties shall select a neutral and file a “Proof of ADR™ form on or by the 210™ day of the filing of this action. If the parties have not sclected a neutral within 210 days, the Clerk of Court shall then appoint a primary and secondary mediator from the current roster on a rotating basis from among those mediators agreving to accept cases in the county in which the action has been filed, The initial ADR conference must be held within 300 days after the filing of the action, Pre-suit medical malpractice mediations required by S.C, Code §15-79-125 shall be held not later than 120 days after all defendants are served with the “Notice of Intent to File Suit” or as the court directs, Cases are exempt from ADR only upon the following grounds a. Special proceeding, or actions secking extraordinary relief such as mandamus, habeas corpus, oF prohibition; b. Requests for temporary relief, ©. Appeals d. Post Conviction relief matters. ©. Contempt of Court proceedings: £ Forfeiture proceedings brought by yovemmental entities, 8. Mortgage foreclosures; and Cases that have been previously subjected to an ADR conference, unless otherwise required by Rute 3 or by statute. In cases not subject to ADR. the Chief Judge for Administrative Purposes, upon the motion of the court or of any party, may order a case to mediation. Motion of a party to be exempt ftom payment of neutral fees due to indigency should be filed with the ‘Coust within ten (10) days after the ADR conference has been concluded, Please Note: You must comply with the Supreme Court Rules regarding ADR. Failure to do so may affect your case or may result in sanetions. SCCA / 234 (12/2015) Page 2 of 2STATE OF SOUTH CAROLINA COUNTY OF UNION Leigh Anne Arthur, Plaintist, vs Union County Schools and David L. Eubanks, Individually and as Representative of Union County Schools. Defendants, TO THE DEFENDANT ABOVE NAMED: ) J ) ) ) ) ) ) ) ) ) d ) ) ) ) ) IN THE COURT OF COMMON PLEAS SIXTEENTH JUDICIAL CIRCUIT CA. No, 2016-CP-44- JO/X SUMMONS (Jury Trial Requested) eah sz 25 e a 5 3 oe BD Sy 3 o & ss YOU ARE HEREBY directed to answer the Complaint in the above entitled action, a copy of which was filed in the Office of the Clerk of Court on March 18, 2016, and to serve a copy of your Answer to the same on the subscriber at his office, 101 W Park Ave, Greenville, South Carolina, 29601, within thirty (30) days after the service hereof, exclusive of the day of such service; and if you fail to answer the Complaint within the time aforesaid, the Plaintiff will apply to the court for default judgment and for the relief demanded in the Complaint Respectfully submitt J Jack” M, Read, IV ‘The Read Law Firm, LLC 101 W Park Ave Greenvi , SC 29601 (864) 501-5110 Attorney for Plaintiff Greenville, South Carolina March 18, 2016STATE OF SOUTH CAROLINA. IN THE COURT OF COMMON PLEAS. SIXTEENTH JUDICIAL CIRCUIT COUNTY OF UNION CALNo. 2016-07-44. 09 /o2/ ) ) ) ) Leigh Anne Arthur, ) ) Plaintiff, ) ) COMPLAINT 7 vs. ) (Jury Trial Requested, = ) nee Union County Schools and David L. Eubanks, ) ga 35 Individually and as Representative of Union) a. a35 County Schools, ) = > 3 ) go 3 a Defendants. ) wo S ) 22 ) COMES NOW THE PLAINTIFF, by and through her undersigned attorneys, who would respectfully show unto this Court the following. JURISDICTIONAL STATEMENT 1. Plaintiff Leigh Anne Arthur is a citizen and resident of the County of Union, South Carotina. 2. Defendant Union County Schools is a body politic and local governmental unit organized pursuant to S.C. Ann. Section 59-17-10, et seq. (1976) to perform certain functions relating to the provision of education for the citizens of Union County, South Carolina and is subject to the jurisdiction of the Court pursuant to the South Carolina Tort Claims Act, $.C, Code of Laws § 15-78-10, et seq,, and as further set forth below. 3. Upon information and belief, Defendant David L, Eubanks is a citizen and resident of the County of Spartanburg, SC.This Court further has jurisdiction over the parties and the subject matter of this Complaint in accordance with Article 5, Section 11 of the South Carolina Constitution, Section 14-1-80 of the Code of Laws of South Carolina (1976) and the common law of South Carolina. Venue is proper in this case in accordance with S.C. Code of Laws § 15-78-100(0) and 15-7-30 because a substantial part of the acts alleged herein occurred in Union County, South Carotina FACTS At all times retevant herein, Defendants acted by and through their duly authorized and appointed agents and/or employees, who acted within the scope and authority of their employment and/or agency. Plaintiff Leigh Anne Arthur (hereinafter “Mrs, Arthur” or “Plaintif¥") is a teacher with both bachelor’s and master’s degrees in Education who has worked for the Defendant Union County Schools since 2003 After teaching 4" grade for two years, Mrs, Arthur taught S® and 6" grade math and science until 2012, During this time she served as lead teacher to create the curriculum for 6 grade science within the district. She also coached the 6" grade Academic Challenge team and started the K’NEX Education Machines curriculum For her efforts, she received the Elementary and Middle School Endorsement from the State Department of Education From 2012 to 2014 Mrs, Arthur taught sixth grade science. During this period her students achieved the highest PASS Science scores in the district She coached the First League Lego Robotic Competition team. She served as head coach for the 6"nN 12, grade Academic Challenge team which won first place in the district. She also received her Gifted and Talented Endorsement from the South Carolina Department of Education In 2014 Mrs. Arthur was approached by a representative of Defendant Union County Schools to build and teach the previously undeveloped mechatronics course of study under the Career and Technology Education Center administered by Defendant Union County Schools. Mechatronics is a blend of mechar ‘al engineering, electrical engineering, computer control and information technology. The educational goal of the course is to prepare students to inspect, diagnose, repair, service, and install electro-mechanical equipment within such environments as automated manufacturing and similar machine systems, Mrs. Arthur taught her students skills in electronics, electrical control systems, hydraulics and pneumatics, mechanical power systems, electrical motors, programmable logic controllers and robotics. She also taught them to develop the critical thinking skills necessary to troubleshoot complex problems within the described systems, To meet the demands of the course, Mrs. Arthur spent thousands of doliars of her ‘own money on materials. She secured donations of equipment worth thousands of dollars from businesses through face-to-face meetings scheduled on her personal time. She developed post-graduation placement options for her students. Over the spring/summer of 2015 she studied independently, paid the requisite fees and passed the test to receive her industrial electrician certification so that she could continue to teach the mechatronics class during the 2015-2016 school year and forward,14, 15, 17. 18, 19. 20. In April of 2015, Mrs. Arthur entered into a continuing employment contract with Defendant Union County Schools through its agent, The Board of Trustees, to teach as described above, during the 2015-2016 academic year At no time has Mrs, Arthur breached any provision of said contract On or about February 19, 2016, Mrs. Arthur left her classroom to attend to her duty to monitor the hall outside of the shop in which her classroom was uated during the five minute interval between classes, During this time, she left her cell phone in the classroom on her desk. During this five minute period, one or more of her students, without her knowledge or permission, accessed her phone, scrolled to her photo appl tion, opened her photo application, scrolled through her photographs and found four provocative pictures of her. Mrs. Arthur had taken these pictures earlier in the week for her husband for Valentine’s Day. ‘The student or studemts then, using a separate phone, took pictures of the photographs displayed on the screen of Mrs. Arthur's phone The student or students then placed Mrs. Arthur's phone on her desk before she returned to the classroom. Upon information and belief, that same day the student or students published the pictures via social media. ‘The next day Mrs, Arthur was informed by a concerned student that these pictures had been published. Mrs. Arthur discussed with Defendant Union County Schools the steps to address the actions of the responsible student or students and then, accordingly, addressed the matter directly with the parents of the students.au 22. 24. 26. At no time has any representative of Defendants identified any law, regulation, guideline, policy, procedure or administrative rule that Mrs. Arthur has violated Nevertheless, several days later, Defendants directed that she be removed from class while she was teaching, They then instructed her to tender her resignation within one day and had her escorted from the premises by a uniformed police officer. After composing herself, Mrs. Arthur sought additional answers directly from the district office. There, Defendants explained that if she failed to tender her resignation as directed, Mrs. Arthur would go before the school board. Defendants stated to her that if the board did not find her culpable of a violation, then she would still lose her job with the district. Defendants stated further that the board found her culpable of @ violation, then her teaching certificate would be terminated immediately. This would mean that she would no longer be eligible to teach at all in the State of South Carolina. The process described by Defendants in the above paragraph does not comport with the procedures promulgated by either the defendants themselves or the statutory authority of the State of South Carolina governing the employment and dismissal of teachers Because of the pressure of these and other inaccurate representations, Mrs, Arthur was forced to resign. Subsequently, Defendants submitted @ series of verbal and written false and defamatory statements to individuals and to the media for publication about Mrs Arthur, conveying and ‘inuating that:27, 29. 30, a. 32, a. she failed to fulfil her responsibility for the proper supervision and care of her students, b. she was not in her assigned position at the time of the incident; ¢. she allowed students to use her personal cell phone on a regular and routine basis, d__ her phone was routinely left on her desk for student use and was never locked; ¢. she has nsed the media to transmit false information, f her failure to properly supervise students entrusted to her care will negatively impact the lives of students and their parents; she made false statements, bh. she is unfit to continue as a classroom teacher; and, i. her actions may have contributed to the delinquency of a minor. Plaintiff hereby specifically pleads the following causes of action alternatively where consistent construction requires FOR A FIRST CAUSE OF ACTI (Breach of Contract) Plaintiff realleges all above paragraphs, to the extent not inconsistent herewith, as if each is set forth i foto hereunder Plaintiff contracted with the Defendant Union County Schools to be employed as a school teacher for the 190 day term idemtfied as the 2015-2016 school year, The terms and conditions of the contract were subject to the South Carolina ‘Teacher Employment and Dismissal Act, SC Code Section 59-25-410 et. seq The terms and conditions of the contract were subject to Defendant Union County Schools’ employee handbook and policies and procedures Plaintif¥ fulfilled all of her duties and responsibilities under the contract.34, 35 36. 37. 38, Defendant Union County schools materially and substantially breached Plaintiff's employment contract by a. unilaterally changing, without consideration, the terms and conditions of, Plaintiff s employment: b, forcing her to tender her resignation under the above-described circumstances: and, ©. failing to follow its own procedures and those laws enacted by the State of South Carolina governing teacher employment and dismissal. As a direct and proximate result, Plaintiff has been damaged as set forth fully hereunder, thereby entitling Plaintiff to actual, special, consequential and punitive damages in an amount to be determined by the Court and the citizens of Union County empaneled and empowered to hear such cause, FOR A SECOND CAUSE OF ACTION (Breach of the Implied Covenant of Good Faith and Fair Dealing) Plaintiff realleges all above paragraphs, to the extent not inconsistent herewith, as if each is set forth in toto hereunder. ‘There is an implied covenant of Good Faith and Fair Dealing in all contracts entered into or to be performed in the State of South Carolina. ‘The actions of Defendant Union County Schools, as alleged herein were unreasonable, willful, reckless, and unjustified, and amount to a breach of the implied-in-law duty of Good Faith and Fair Dealing inherent in all contracts. Asa proximate result, Plaintiff has suffered actual and consequential damages39. 40, 4) 42. 43. 44 4s As a direct and proximate result, Plaintiff has been damaged as set forth fully hereunder, thereby entitling Plaintiff to actual, special, consequential and punitive damages in an amount to be determined by the Court and the citizens of Union County empaneled and empowered to hear such cause. EQR A THIRD CAUSE OF ACTION (Defamation: Slander, Libel, Slander Per Se and Libel Per Se) Plaintiff realleges all above paragraphs, to the extent not inconsistent herewith, as if each is set forth i foto hereunder Upon information and belief, Defendants made the above-referenced statements verbally and in writing to third parties, Defendants’ statements are defamatory in that they tend to impeach the honesty, imegrity, virme or reputation of Plaintiff and expose her to public hatred, contempt, ridicule and obloquy and cause her to be shunned or avoided and to injure her in her occupation. Defendants’ words further tended to reduce her character or reputation in the estimation of friends, acquaintances or the public and to disgrace her. By making these statements, Defendants conveyed, insinuated and imputed that Plaintiff was unfit for her profession, had broken the law and was unchaste. Defendants published these false and defamatory statements with implied, actual, and/or constitutional malice as defined by the law of South Carolina Because of the publication of the false, malicious, and defamatory statements, Plaintiff has suffered injury to her good name and reputation and has endured and will continue to endure embarrassment and humiliation, The publication of these46, statements have served and still serve to injure her in her occupation and to compromise her future work As a ditect and proximate result, Plaintiff has been damaged as set forth fully hereunder, thereby entitling her to general damages and/or special damages and punitive damages in an amount to be determined by the Court and the citizens of Union County empaneled and empowered to hear such causeWHEREFORE, Plaintiff prays for judgment against Defendants for actual and special Gamages including, but expressly not limited to loss of income, loss of interest, loss of time from work, travel expenses, other incidental expenses, loss of opportunity, injury to occupation and general damages including but not limited to injury to reputation, mental suffering and emotional distress plus attorney's fees and punitive damages, all in an amount to be determined by the Court and the citizens of Union County empaneled and empowered to hear such cause. Plaintit further requests the cost of this action and any other relief the Court deems fair and just under the circumstances, ia “Jack” M. Read IV, Esq. THE READ LAW FIRM, LLC 101 W. Park Ave. Greenville, SC 29601 (864) 501-5110 (864) 603-3840 GredAville, SC 29601 Telephone: (864) 232-5800 Facsimile: (864) 232-5888 Greenville, South Carolina March 18, 2016 10STATE OF SOUTH CAROLINA )_ IN THE COURT OF COMMON PLEAS ) SIXTEENTH JUDICIAL CIRCUIT COUNTY OF UNION ) ) CALNo, 2016.07-44-_COL2/ Leigh Anne Arthur, ) d Plaintiff, ) ) VERIFICATION vs. ) d ) ) eg Union County Schools and David L. Eubanks, ) in B Individually and as Representative of Union) 3 County Schools, ) Defendant ; 2 ow "3 3 PERSONALLY APPEARED BEFORE ME, Leigh Anne Arthur, who being duly sworn, states that she is the plaintiff herein and, as such, by her signature below, certifies that she has read the foregoing Complaint and that it is true to the best of her knowledge. tairtne Artitr SWORN to before me (ANTE. STOLT2FUS Public, Souin c 'y Comenisston Expires March 04, 2024 qyooae 304 OFS