Highlands settles former principal's federal lawsuit

Highlands School District has settled one of two federal lawsuits accusing the district and its superintendent of violating employees’ leave rights.

The school board approved a settlement with Heather Bigney, former principal of Highlands Early Childhood Center, at a meeting Monday.

A lawsuit filed by former fourth-grade teacher Jason Smith remains active.

Bigney and Smith alleged Superintendent Monique Mawhinney retaliated against each of them for taking unpaid leave under the Family and Medical Leave Act. Bigney claimed she also was targeted because she had supported Smith and his use of leave; Bigney is in a relationship with Smith.

Mawhinney declined to comment.

Highlands Solicitor Aimee Zundel would not release a copy of the settlement with Bigney or answer any questions about it. The Tribune-Review has filed a Right-to-Know request with the district for details about the settlement.

Bigney, 47, of Buffalo Township said she has been working as a consultant since resigning from the district in October. Her lawsuit was filed the same day she quit her Highlands job.

Bigney claimed the district intended to fire her and that she quit before that happened.

“I’m happy that this painful ordeal is behind me,” she said. “I will greatly miss the students and families from Highlands School District who I have had the pleasure to know and serve. Every challenge is an opportunity and I’m looking forward to the opportunity to serve others.”

Attorney Charles Steele is representing Bigney and Smith. He also would not comment on the details of her settlement.

“We’re very happy with the settlement. It is a good result for Heather. She can move on,” he said. “We’re glad that nightmare is over.”

Steele said Bigney’s case had gone to mediation. The settlement was reached following that unsuccessful attempt at resolving the case.

Bigney will not be returning to Highlands by mutual agreement, Steele said.

“The situation there is untenable,” he said. “She does not want to return. She has no desire to return.”

Bigney said she started as an assistant principal at the district’s elementary school, then Grandview, in 2008, becoming principal in 2010. She became principal at the Early Childhood Center in 2016, when it was Fairmount Primary Center.

She said she would like to work in a school again.

“I do enjoy being an administrator,” she said. “The valuable thing to do is build relationships with students and with their families. I enjoy doing that. I do want to continue to do that.”

Smith resigned from Highlands before Bigney, in February 2019, and sued the district in August. Steele said the parties are now engaged in discovery in his case — exchanging documents, asking and answering written questions, and scheduling depositions.

Steele said he feels confident about Smith’s case.

“There is always the hope for settlement but as of now it is full speed ahead,” Steele said.