Eric Dodge, a teacher in the state of Washington, recently filed a First Amendment free speech complaint against his employer, Evergreen Public Schools.  According to the claim, the teacher was ridiculed and received threats of disciplinary action due to his support for President Trump as demonstrated by his possession of a “Make America Great Again” (MAGA) hat.

In the fall of 2019, the teacher began a new assignment at the District’s middle school.  He allegedly arrived for his first day sporting a MAGA hat while walking from the parking lot to the entrance of the building; at the entrance to the building, he purportedly removed the hat.  After a training session, Dodge was approached in his classroom by the school principal, Caroline Garrett, who allegedly berated Dodge and accused him of being a racist, bigot, hateful person, and other insulting names.  According to the complaint, Garrett continued to harass Dodge.

Dodge filed an internal complaint alleging that Garrett had created a hostile environment because she purportedly engaged in multiple instances of aggressive behavior toward Dodge based upon his political views.  By way of response, the District hired a third‑party to investigate the complaint.  Ultimately, based on the investigation report, the District concluded that Garrett did not violate any District policy or procedure and did not engage in discrimination, harassment, intimidation, or bullying.  Garrett is no longer with the District, presumably for reasons unrelated to Dodge’s complaint.   

Dodge was placed on paid administrative leave and later transferred to an unpaid leave of absence.  Through his legal action, he will attempt to recover compensatory damages for lost wages and benefits, as well as obtain a declaration that Defendants violated his civil rights.

While the case is not in Michigan, it implicates the degree to which school employees may engage in political speech on school property.  Consequently, Lusk Albertson will report any other notable developments in the matter.