Former Highlands principal's federal lawsuit going to mediation

A former Highlands School District principal’s federal lawsuit against the district is going into mediation, according to court records.

Attorneys for the school district and Heather Bigney have agreed to evenly share the costs of mediation.

Bigney resigned as principal of Highlands Early Childhood Center in October 2019 . She then filed a lawsuit against the district in federal court, alleging she was retaliated against because she took unpaid leave and supported the unpaid leave of a teacher, Jason Smith, with whom she was in a relationship.

Smith, who resigned last February, has a separate federal lawsuit against the district alleging retaliation for using his leave rights. His case is also going to mediation, which is due to be completed by Feb. 3. The parties are also sharing that cost 50-50.

Charles Steele, attorney representing Bigney and Smith, said alternative dispute resolution is a required process in federal court. He said 90% of cases in the Western District of Pennsylvania are settled in mediation without going to trial.

Steele said that does not mean Bigney’s case will be settled, but he believes it should. “They have to look at our complaint and judge whether we can prove it. We think we can,” he said. “We think there are documents, we think there is testimony, and we think there is evidence very favorable to us.”

Attorneys representing Highlands did not immediately respond to request for comment. Steele said he hopes the new school board and its new leadership takes a fresh look at the case and considers what’s at risk to the district’s taxpayers if the district is ordered to give back pay to Bigney and Smith.

Bigney has claimed the district intended to fire her and that she quit before that happened. The district has denied Bigney’s allegations and has asked the court to dismiss her case.

The parties have agreed on a neutral mediator in Smith’s case, and may use the same mediator in Bigney’s case, according to Steele and court records.

The date of a mediation session has not been determined. Discovery in Bigney’s case is set to be completed by July 22.