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Anderson County Board of Education attorney Robert Chenoweth has filed a motion asking Circuit Court Judge Charles Hickman to reconsider removing the school board as a defendant in a lawsuit filed by former girls’ softball coach Brian Glass against the school board and Superintendent Sheila Mitchell.
According to a Feb. 12 motion to reconsider docket order denying dismissal on file in Circuit Court, Chenoweth argues that the board of education is “unequivocally entitled” to governmental immunity regarding the compensatory damages being requested by Brian Glass, who is suing both the board and Superintendent Mitchell for damages.
Judge Hickman is scheduled to consider the motion in a hearing to be held Tuesday, March 4 at 1 p.m. in Anderson Circuit Court.
According to court documents, Glass is requesting to be reinstated as high school varsity softball coach, receive compensatory damages including past, present and future lost wages, consequential damages and attorney’s fees, according to the lawsuit on file in Circuit Court.
Brian Glass, a teacher at the Anderson County middle school, lost his varsity coaching job when his brother, Chris Glass, was promoted from assistant principal to interim principal at the high school.
Brian Glass was reassigned based on the school district’s interpretation of the Kentucky Education Reform Act, commonly referred to as the “anti-nepotism law.”
Glass objected, saying the state’s anti-nepotism law doesn’t apply to coaches and that, in essence, he reported to athletic director Rick Sallee, not the high school principal.
Mitchell, through the district’s attorney, filed an answer to Glass’ lawsuit in which she says Brian Glass’ allegations are “frivolous.”
“The complaint contains allegations which [Brian] Glass knows or should know are false,” the response says, “which thereby renders his complaint frivolous, unreasonable and groundless.”
During a motion hour hearing held Jan. 27, Judge Hickman denied Glass’ motion for an emergency restraining order against the district that would result in Glass getting his coaching job back.
Hickman granted the district’s motion to have the parents of one softball player removed from the lawsuit during the Jan. 27 hearing, but denied one that would have removed the school board.