COLUMBIA — A federal judge ruled against a Richland One school board member who claimed the district violated her free speech rights in 2022 by transferring her from her post as Lower Richland High School's principal to a position in the district administration.
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But the judge left alone the other claims of Ericka Hursey's ongoing 2023 lawsuit, which allege the reassignment was a breach of her employment contract, and that former board chair Cheryl Harris — whom Hursey unseated in 2024 board elections — defamed Hursey and interfered with her contract.
Those remaining claims now could be heard in a Richland County circuit court trial by the end of the year.
In the meantime, deposition transcripts and other legal filings shed new light on the tensions between Hursey and the district's senior leadership.
Much of the dispute centers on the commencement speech Hursey gave at Lower Richland's graduation ceremony in 2022, in which she noted that she was facing "roadblocks” and “uphill battles" and had considered stepping down from the principal job.
It caught the attention of Superintendent Craig Witherspoon, who passed a note to Harris saying "she makes it about her, not students" during the speech, according to court exhibits and Witherspoon's deposition.
Days later, Witherspoon placed Hursey on paid administrative leave due to her "unprofessional and inappropriate comments" during the ceremony, according to a letter he penned. In a deposition, he pointed out her use of the word "I" over 40 times.
Hursey's lawsuit argued that her remarks during the ceremony were covered by the First Amendment's free speech protections; the district argued that her speech was part of her official duties as principal.
U.S. District Judge Sherri A. Lydon agreed with the district in a May 29 order, ruling that Hursey was speaking as a district employee and thus was not protected.
That ruling was an "anticipated development," Paul Porter, Hursey's lawyer, said, adding that his client plans to carry on with the lawsuit. A spokeswoman from Richland One declined to comment.
In July, about a month after placing her on administrative leave, the district reassigned Hursey to a job as the district's coordinator of student hearings, where she worked on student disciplinary hearings during the 2022-23 year before retiring. The former principal has described that role as a "dead-end manufactured position" that she was given in retaliation for her speech.
Legal filings from the district's lawyers assert a different explanation, attributing the controversial reassignment to "concerns" about Hursey's performance as principal. Those concerns include an issue about some students not taking an end-of-course standardized exam, and a school employee that was allowed to avoid clocking in and out of work — though Witherspoon said that latter issue came to light after she was reassigned.
An internal audit report from August 2022 found that a career specialist at Lower Richland "abused" the clock in procedures by not punching in or out, and that Hursey, as principal, "failed to take appropriate action when concerns were brought to her attention." It also notes that principals are given "some discretion" applying those procedures.
The district also wanted to have an employee with a teacher certification in that position, Witherspoon testified. When asked why Hursey was reassigned, he said the decision was "based on the needs of the district."
Hursey's lawsuit asserts the reassignment is a breach of her 2022-23 employment contract, which specifically appoints her to a "principal" position. The district disputes that, pointing to one of the contract's provisions that "the district reserves the right to make reassignments."
Lydon didn't rule on the contract disputes, leaving it for the state court, alongside Hursey's claim of defamation against Harris, which alleges she told people that Hursey “grew up on the wrong side of the tracks,” was fired for stealing money and was caught being paid for time she didn't work.
Defense attorneys argued in legal filings that any reputational damage Hursey suffered from those alleged statements was "resolved" when she defeated Harris for her seat on the school board.