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HOHMEIER v. LEYDEN COMMUNITY HIGH SCHS. DIST. 212

October 2, 1990

RITA A. HOHMEIER, Plaintiff,
v.
LEYDEN COMMUNITY HIGH SCHOOLS DISTRICT 212, CHARLES THOMPSON, individually and as Principal of WEST LEYDEN HIGH SCHOOL, RUTH SCHWARTZ, individually and as an employee or agent of LEYDEN HIGH SCHOOLS, and LINDA WORNER, individually and as an employee or agent of LEYDEN HIGH SCHOOLS, Defendants



The opinion of the court was delivered by: BUA

 NICHOLAS J. BUA, UNITED STATES DISTRICT JUDGE

 This order concerns defendants' motion for summary judgment pursuant to Fed. R. Civ. P. 56. For the reasons stated herein, defendants' motion is granted.

 FACTS

 Plaintiff Rita Hohmeier was hired by defendant Leyden High School District 212 ("District 212") on August 8, 1979. For eight years, Hohmeier worked for District 212 as an educational secretary at West Leyden High School ("West Leyden") in Cook County, Illinois. However, for reasons disputed by the parties, on November 6, 1987, Hohmeier was fired. Hohmeier was informed of her termination at a meeting with Mildred Fultz, the District 212 office coordinator. At that meeting, Fultz supplied Hohmeier with a seven-page memorandum detailing the reasons for her termination. The memorandum had been prepared by Ruth Schwartz, the office coordinator at West Leyden who was one of Hohmeier's immediate supervisors. *fn1"

 In addition to Schwartz's memorandum, Fultz also provided Hohmeier with a document setting forth provision #4223 of the District 212 policy manual. That provision states:

 Termination of Employment

 
1. The Office Supervisor may recommend that an Instructional/supervisory supportive staff employee's employment be terminated for proper cause.
 
2. Reasons for said termination will be presented to the Business Manager and Superintendent of Schools in writing. The decision will be made by the Superintendent, implemented through the Business Manager, and a copy of the reasons for the termination will be given to the employee.
 
3. At least two week's [sic] notice is required, either for resignation or dismissal.
 
4. If the continued presence of the employee on the premises will be detrimental to the best interests of the school, then employment may be terminated immediately upon notice along with two (2) week's [sic] pay in lieu thereof; provided, however, that if such employment is terminated by reason of serious misconduct, intoxication, or any offense that will bring discredit upon the school, then no severance pay shall be granted.
 
5. All cases of discharge shall be subject to the regular established grievance procedure, Policy 4222, which allows for appeals to the Board of Education.

 Prior to her meeting with Fultz, Hohmeier had never seen policy manual provision #4223 and was unaware that the provision existed. At the conclusion of Hohmeier's termination meeting, Fultz gave Hohmeier a check representing two weeks' pay. Hohmeier signed for the check, but added the notation: "I accept only the check -- I do not agree with anything being told to me by Mrs. Fultz."

 Sometime after her termination meeting, Hohmeier requested a copy of the grievance procedures referred to in the "Termination of Employment" policy manual provision she had received from Fultz. In response to her request, on November 9, 1987, Hohmeier received a copy of provision #4222 of the District 212 policy ...


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