Former principal also files tort claims notice for potential civil lawsuit
The attorney for former Princeton High School (PHS) Principal Frank Chmiel, who was dismissed from his post earlier this year, has filed an appeal with the state Office of Administrative Law and the state Commissioner of Education, according to published reports.
Attorney David Schroth also filed a tort claims notice that puts the Princeton Public Schools on notice of a potential civil lawsuit, according to published reports in The Daily Princetonian and TapIntoPrinceton. The Daily Princetonian is Princeton University’s student newspaper.
The appeal and the tort claims notice were filed June 14.
Chmiel is appealing the school board’s vote to uphold his dismissal by Superintendent of Schools Carol Kelley. The superintendent of schools makes a recommendation and it is up to the school board to take action.
The tort claims notice was served to Kelley, Assistant Superintendent for Curriculum and Instruction Kimberly Tew and interim Assistant Superintendent for Human Resources Rebecca Gold, the Daily Princetonian reported.
School board president Dafna Kendal and school board members Betsy Baglio, Beth Behrend, Debbie Bronfeld, Mara Franceschi, Susan Kanter, Brian McDonald and Michele Tuck Ponder were also served. The board members voted to uphold Kelley’s dismissal of Chmiel at a special school board meeting May 15.
School board members Jean Durbin and Robert Christopher, the Cranbury Public Schools representative, voted to reinstate Chmiel and were not named in the tort claims notice.
Chmiel was abruptly dismissed March 17 by Kelley. He was placed on administrative leave and locked out of his office at the end of the day. His contract was not renewed.
Chmiel claimed he was dismissed because he refused to resign, which was necessary for the school district to advertise a vacancy for the Princeton High School principal’s post.
The former principal requested a Donaldson hearing in front of the school board to make his case for reinstatement. The hearing allowed Chmiel to respond to the district’s reasons for nonrenewal of his contract. He was in his second year as principal.
A school district employee whose contract has not been recommended for renewal has the right to a written statement outlining the reasons for the nonrenewal.
The employee may then ask for an informal appearance before the school board to convince it to offer a new contract, despite the superintendent of schools’ recommendation not to renew a contract.
The informal hearing, known as a Donaldson hearing, may be held in private or in public. Chmiel chose to make it a public hearing. It was held in front of the school board May 15.
At the May 15 Donaldson hearing, Kelley reeled off a list of Chmiel’s alleged failures and the reasons for his nonrenewal.
Kelley’s statement of reasons for nonrenewal listed a litany of issues that ranged from his alleged lying about his COVID-19 vaccination status to a vote of no confidence by PHS teachers, failure to ensure a safe environment for students and staff, and failure to effectively communicate with Central Office administrators.
Kelley claimed Chmiel failed to lock down the high school after an intruder walked into the building. She claimed the intruder, who was later discovered to be a PHS graduate, was in the building for three hours.
Chmiel allegedly failed to communicate with Central Office administrators at the Valley Road administration building about matters on several occasions. She cited a meeting in which an administrator was going to observe him, but it was canceled without notifying the administrator. Attempts to reschedule failed.
When it became clear that his contract would not be renewed, Kelley said efforts were made to find a graceful way out for him. There was an agreement in which he would have resigned at the end of March. His resignation would have been listed on a subsequent school board agenda, but the agreement was never implemented.
Chmiel refuted many of the items in Kelley’s statement of reasons for his nonrenewal.
He claimed he reached out to Kelley on several occasions, but she did not respond. He also claimed that she used a Google doc for his evaluation and not a standard form. The school district would have needed permission from the state Department of Education to deviate from the standard form, he said.
Chmiel did not deny that he was not vaccinated against COVID-19 in 2021, but it was for medical reasons. He did receive a vaccination in early 2022. He admitted that he did not wear a mask at one meeting with staff, but he was seated more than six feet away.
On the issue of the alleged intruder, Chmiel said the intruder was a PHS graduate who wanted to visit. A student opened a side door and let him in. When staff was made aware of it, the visitor was located within minutes and escorted out of the building, he said. The incident did not last three hours.
Chmiel said Kelley had always been non-committal about his contract renewal when he asked.
Earlier this year, he and Kelley reached an agreement that he would resign and request a leave of absence before the end of the school year. She would have to provide him with a good letter of reference, he said.
Chmiel said he agreed to resign and take a leave of absence, but then Kelley decided that she would not give him the letter. Instead, a letter would be sent to the district where he applied for a job, he said. It violated the agreement they had reached.
Chmiel said he was tired of having the letter dangling in front of him. Kelley allegedly threatened to put Chmiel on administrative leave if he refused to resign. He did not resign and was placed on administrative leave March 17.