Woodburn superintendent sues his own district, alleging breach of contract and retaliation

Just over a year after taking the job and about two months after being put on administrative leave, Superintendent Oscar Moreno Gilson announced his plans to sue the Woodburn School District.

Moreno Gilson notified the Woodburn school board Tuesday of his plans to sue, alleging breach of contract, retaliation and intentional infliction of emotional distress. 

The board plans to send the superintendent a "Notice of Action" that Moreno Gilson's attorney said they discussed in an executive session. It is not yet known what action the board will take, though Moreno Gilson could be terminated.

Board chairman Anthony Medina declined to comment on the latest developments, saying the district has "a practice of not commenting on litigation or personnel issues."

"The district's focus is on welcoming students, their families and WSD staff safely back in our classrooms and facilities," he added.

The latest events were prompted when Moreno Gilson was put on administrative leave in January, pending an investigation into a personnel complaint.

Moreno Gilson and his attorney, Maria Witt, say the district wrongfully placed him on leave and publicly disparaged his professional reputation.

"Woodburn School District hired Mr. Moreno Gilson in order to improve student achievement and advance equity principles," Witt said. "It is a shame to see that the district is now backing away from this mission."

Wooburn serves more than 5,500 students. Among them, more than 80% of the students identify as Hispanic/Latino, and more than 95% are eligible for free or reduced lunch.

Hired to address inequities

Moreno Gilson joined the Woodburn School District last summer, coming from Portland Public Schools. He has 22 years of experience as a bilingual teacher, principal and district-level administrator.

He has a contract to serve as Woodburn's superintendent until June 30, 2023, according to the tort claim that Witt submitted to the school board.

When Moreno Gilson was hired, district leadership cited his experience in "implementing culturally responsive interventions" as a large reason for hiring him. They also described him as an educator "committed to closing the opportunity gap," and as someone "who will view our educational enterprise through a social justice lens." 

May 18 election:Mid-Valley cities like Stayton face further cuts if levies, bonds fail

Moreno Gilson was also told throughout the hiring process that the district valued diversity, equity and inclusion, according to the claim, and that it would "be his job to institute accountability and make progress in matching (Woodburn's) rhetoric with concrete actions to help students succeed."

Witt says Moreno Gilson performed as he agreed to under his contract and as he promised during his hiring process. The tort claim sites several examples of this work and also points out that Moreno Gilson was never given any warning that something was wrong.

Witt alleges Moreno Gilson has been targeted and retaliated against for attempting to institute a culture of accountability within the district to "improve student achievement, address racial inequities, and increase transparency around leadership and administrator performance."

"In response to these efforts to create a culture of accountability, the WSD board placed him on administrative leave and released a damaging public statement regarding his performance," according to the tort claim.

Put on administrative leave in January

When Moreno Gilson was placed on leave, Medina would not disclose the substance of the related complaint. However, he clarified it did not relate to students.

"[We] cannot discuss the nature of the allegations," Medina wrote in his January announcement. "What we can say is that we are intent on a thorough inquiry into these complaints and a just resolution."

The Statesman Journal requested all claims related to Moreno Gilson since he began his role last July. Medina confirmed at the time that there was one formal complaint.

Testing during a pandemic:Oregon students can take fewer standardized tests this spring

In his absence, Juan Larios has been serving as acting superintendent. Larios has served as the director of the Department of School Performance and has been with the district since 2001.

According to the claim, Moreno Gilson "never received any negative feedback, disciplinary action, performance evaluation or other indication that the WSD board was unhappy with his performance.

"He was never told that he had violated any WSD policies, nor was he given requirements to improve his performance (or) any indication that he needed to obtain further training or professional growth."

That's why Moreno Gilson said he was "shocked" that the board placed him on administrative leave — following a single complaint from a member of the senior leadership team — and that the board issued a public statement to the entire Woodburn school community insinuating that he had engaged in conduct to warrant such harsh discipline.

"To date, there is no indication that WSD so much as considered any remedial measures in response to this complaint that would enable Mr. Moreno Gilson to return to his job," Witt wrote in the claim. "Mr. Moreno Gilson has not been offered any training or coaching to address any performance issues, nor is there any evidence that the Board has investigated the complainant and (the complainant's) own performance issues.

"Mr. Moreno Gilson has not received any report of any investigation conducted regarding his performance," Witt added, "nor has WSD provided him with any witness statements or notes from interviews with witnesses."

Craig Hawkins, executive director of the Coalition of Oregon School Administrators, issued a statement on Moreno Gilson's behalf in light of the new lawsuit.

"Oscar is a leader with resounding personal and professional integrity," Hawkins said. "He has helped to foster an environment of trust that empowers school and district leaders to be vulnerable as they strive to center equity and commit to the success of each and every student."

Natalie Pate is the education reporter for the Statesman Journal. She can be reached at npate@StatesmanJournal.com, 503-399-6745, Twitter @NataliePateGwin, or Facebook at www.Facebook.com/nataliepatejournalist.

This coverage is only possible with support from our readers. Keep up on education news in Marion and Polk counties by becoming a Statesman Journal subscriber and get unlimited digital access to stories that matter.