Mountain View High School Principal Dr. Kip Glazer filed a response in a continued effort to dismiss herself from the lawsuit alleging censorship against Mountain View High’s student newspaper on May 22. This marked Glazer’s second attempt to dismiss individual claims against her.
According to the original Feb. 22 suit, Glazer asked writers of a sexual harassment story to portray the article in a “positive light,” then met with the writers to “pressure them” to make changes.
One of the arguments presented in Glazer’s motion is that California public school officials cannot be held personally liable for harm caused while performing their job duties. In their opposition brief, plaintiffs argue that because they are not seeking monetary damages, Glazer’s personal liability argument does not apply.
“The language of the statutes, their legislative history, and decisions of California courts all demonstrate that individuals like Principal Glazer can and should be held liable for their misconduct,” attorney Jean-Paul Jassy wrote on behalf of the plaintiffs, current Oracle Editor in Chief Hanna Olson, former Oracle editor Hayes Duenow and former adviser Carla Gomez in the recent objection.
In regards to the alleged censorship, the California Education Code requires districts to “adopt rules and have a written publications code,” according to Bengston’s motion. However, the alleged prior restraint is not an enforcement of written publication rules and therefore is not covered, Jassy wrote.
The district is also seeking to remove individual claims around Gomez’s alleged wrongful termination by arguing that Glazer is not Gomez’s direct employer.
The judgment on the motion regarding Glazer’s liability is set for tomorrow at the Superior Court of Santa Clara. If the court were to grant the motion and dismiss Dr. Glazer from the lawsuit, the lawsuit would still proceed against the defendant, the Mountain View-Los Altos Union School District.
Legal documents can be accessed through the Santa Clara Superior Court Civil case records website.
