A judge will hear Tuesday whether the court has jurisdiction in a lawsuit a former Mission CISD teacher has brought against the school district, claiming he was improperly terminated for posting racist content on social media.
William Martinez, a former coach and physical education instructor at Alton Memorial Jr. High, says the district failed to conduct an investigation prior to his departure from the district in June of 2020 and is suing Mission CISD for as much as $900,000.
In one of those posts, made during the George Floyd protests in the summer of 2020, Martinez described stereotypes used against black people as “F——- funny…”
Mission CISD addressed concerns over that post at the time, frankly describing that the post was racist and saying Martinez’s decision to share it was a “disgrace.” The district said that it investigated the matter and addressed it with Martinez immediately.
In the suit, which was filed last year, Martinez says that he worked at the district for two school years and was fired on June 8, 2020.
“The termination was given due to the allegation that the Plaintiff had violated school policy by posting in social media items that the school district consisted of a racist nature,” the suit reads. “The school did not conduct an investigation nor did it follow its own governing policies when dealing with such matters.”
According to Martinez, his termination was made widely known and he had a difficult time finding a new job close to home.
The district “destroyed” his well-being, Martinez’s suit claims, although he did manage to find a job elsewhere.
“The Plaintiff had to leave his community and after a long period of being unemployed was able to secure employment in an area that is quite distant from his home and his family,” it reads. “This action by the defendant was financially and emotionally devastating to the Plaintiff. This action by the Defendant mined Plaintiff teaching career and private life.”
The district, however, denies Martinez’s claims and is asking for them to be dismissed.
Martinez was not even terminated, court documents filed by the district claim: he resigned.
The district’s answer to Martinez’s suit describes it as “frivolous, unreasonable, and without foundation.”
The district also argues that the 464th Judicial Court doesn’t have jurisdiction over the claims.
“Defendant MCISD has sovereign and/or governmental immunity from the claims stated by Plaintiff,” court documents read. “Plaintiff has not alleged a valid waiver of immunity; therefore, this Court lacks jurisdiction over Plaintiff’s claims.”
