Fired FCSD1 Athletic Director Barry Scott asks court to review his termination by the Lander School Board

(Lander, Wyo.) – Former Fremont County School District 1 Athletic Director Barry Scott has filed for judicial review of his termination from the post in April.

Scott, in his petition filed on April 24, 2014, in the Ninth District Court, asks the judge to review the FCSD1 Board of Trustees’s actions that resulted in his termination. According to the petition, Scott was terminated on April 10 following an independent review of an October 2013 driving under the influence charge.

“On Wednesday, October 23, 2013, and 12:46 a.m. Mr. Scott was arrested for Driving Under the Influence of alcohol,” states the petition. “At the time the citation was issued Mr. Scott was not driving a school vehicle, was not on school grounds, was not representing the school, and was not engaging in any activity related to his employment.” The petition goes on to state the charge was eventually dismissed, and the FCSD1 Superintendent put Scott on notice that he intended to recommend Scott’s termination.

The independent review of the situation was reportedly received by the Board of Trustees on March 20, 2014, and the board’s decision was made 21 days later on April 10. According to the petition, the Board’s policy requires rejection or adoption of the independent review’s recommendations within 20 days of receiving it.

The petition is seeking three specific items to be reviewed: does the board have authority to adopt or reject the independent review’s recommendations after 20 days; was the board arbitrary and capricious in terminating Scott’s employments “when there was no evidence that Mr. Scott’s conduct outside the school disrupted or impaired discipline in the teaching processes and substantially interfered with the requirements and discipline in the operation or the school;” and was the board arbitrary and capricious in its application of board policy.

The petition was forwarded to Judge Richard Lavery in Green River on May 2.