Ex-SMP teacher wants new trial in video case

A Morgan City teacher fired after posting a social media video of a student in 2024 is seeking a new trial after a district court judge ruled against him in a wrongful termination lawsuit.
Adam Rhodes, who lost his job as a health and physical education teacher at Wyandotte Elementary, sued the St. Mary Parish School Board, alleging that his termination was “arbitrary and capricious.” District Judge Keith J. Comeaux of the 16th Judicial District disagreed, dismissing the lawsuit Sept. 15 and ordering Rhodes to pay the School Board’s costs.
A video posted on social media by Rhodes, in which there is discussion about a student’s hair style, provoked debate on Facebook after Rhodes was placed on administrative leave with pay Aug. 9, 2024. Court documents also refer to allegations of bullying of a student by Rhodes, which he denies.
Rhodes had a conference with two central office administrators Aug. 12. But Rhodes’ lawsuit says that in contradiction to School Board policy, he never had the opportunity to review that video.
Instead, Rhodes said, then-Human Resources Director Kristina Estay “reached the conclusion that [Rhodes] was bullying Jane Doe based on a misrepresentation of the actual video.”
Rhodes also said Estay called him at 4:53 p.m. Aug. 13 to ask for a written statement, and was told by text at 9:35 a.m. Aug. 14 that the statement was due at noon that day.
He received a letter dated Aug. 13 from then-Superintendent Dr. Buffy Fegenbush telling him that he was the subject of an investigation into employee use of social media. Rhodes said his job was posted as vacant Aug. 16, a week before his Aug. 23 termination for violation of School Board policy regarding social media and confidentiality.
Rhodes alleged that his termination violates state law because it represents an “arbitrary and capricious” action against a nontenured employee.
The School Board denied that allegation in its response to the lawsuit.
“All actions taken by the School Board and any individual employees were taken in the good faith exercise of the power and authority vested by law, with valid and legitimate reasons and justification, and with no ill intent or purpose. …
“Plaintiff’s termination was based on valid and legitimate reasons, with cause, was not arbitrary or capricious, and did not constitute an abuse of discretion.”
In his ruling, Judge Comeaux cited precedents that require courts to “give great deference” to decisions by local school boards.
Comeaux also noted that Rhodes complied with the request for a written statement by the noon Aug. 14 deadline.
“Rhodes was given notice of the suspension, was given an opportunity to be heard both orally and in writing and a chance to have the decision review,” Comeaux wrote.
He was notified that he was being terminated over a video posted by Rhodes in violation of the social media policy; two written reprimands by the School Board; several previous violations of School Board policy and multiple disciplinary conference, one of which was a previous violation of the very School Board social media policy at issue in this case.”
Rhodes’ request for a new trial was filed Oct. 7.
His attorney argues that the court erred when it allowed the School Board to present pre-incident employment records while limiting the information Rhodes could present, all without making a ruling on what evidence would be admitted.
The School Board “wrote its own policies, charged Mr. Rhodes with violating them, and then followed its own procedures only when it chose to.”
While School Board policy required a team to investigate the charges, the work fell to a newly appointed principal whose investigation amounted to conversations with two children, the motion says.
And the School Board failed to penalize at least three other employees for posts on social media that violated policy, Rhodes said in his petition.
Rhodes' attorney, Evan Zizzi, emailed this statement:
"Mr. Rhodes is a two-time Teacher of the Year who dedicated nearly eleven years of his life to educating children in St. Mary Parish and has received overwhelming support from the community. At a time when schools are struggling to recruit and retain good teachers in South Louisiana, we believe educators like Mr. Rhodes deserve fair and consistent treatment.
"We respectfully disagree with the Court’s ruling. Serious questions remain about whether the School Board followed its own policies, conducted a fair investigation, and applied its rules consistently. Those concerns are precisely why we are continuing to pursue this matter in court.
"Regardless of one’s opinion of the underlying incident, we believe the community deserves accountability and transparency from its public institutions. We encourage members of the community to remain informed and communicate with their elected representatives about the importance of fairness, transparency, and accountability in public education.
"Separately, a discrimination lawsuit is currently pending in federal court arising out of Mr. Rhodes’s employment and termination. We intend to address the merits of that case in court rather than through the media."