A former Wawasee wrestling coach has filed a lawsuit against Wawasee Community School Corp. alleging unlawful retaliatory discharge. Donny Griffith was employed by WCSC as an assistant coach of the high school wrestling program and head coach of the Wawasee Middle School wrestling program. Griffith was also an assistant coach of the track and cross country program at the middle school. According to the complaint filed Jan. 31, Griffith reported improper conduct of the WHS wrestling head coach Paul Meyer during the 2011-2012 season. Griffith stated in the complaint that coach Meyer would touch wrestlers inappropriately in a move called “one-on-two” and “five-on-two” during practices. Additionally, Griffith reported that in January of 2012, Meyer struck a wrestler with an open hand directly to the chest, leaving welts. The filing went on to list a failure by Meyer to adhere to the IHSAA individual weight management program for student athletes. Griffith reported his concerns to coach Meyer and informed him that he had to report his concerns to athletic director Steve Wiktorowski, which Griffith felt he had a duty to report acts he considered to be child abuse and neglect as part of Indiana Code 31-33-5-1. Griffith made Meyer aware that he felt the conduct was not acceptable and did report to Wiktorowski. In January 2012, the filing claims, Griffith met with both Meyer and Wiktorowski addressing Griffith’s concerns. In this meeting, Wiktorowski informed Griffith that he met with parents of the student athlete who Meyer allegedly slapped on the chest. Wiktorowski told Griffith that he was just going to call Meyer’s conduct as “horseplay that go out of hand,” according to the filing. On May 1, Griffith was given an evaluation by Meyer which expressed Meyer’s concern about Griffith’s loyalty to him. Meyer asked Griffith for his opinion of himself, and again Griffith voiced concerns about the slapping, grabbing of students and thinking it’s funny, and disregard of IHSAA weight programs. Meyer informed Griffith on May 16 that in light of everything that had transpired during the wrestling season, WCSC was terminating Griffith’s employment as the assistant head coach of the WHS wrestling program. Griffith then met with Wiktorowski May 17 to voice his disagreement with the evaluation and termination. Wiktorowski stated he was happy with the team’s performance under Meyer and stood behind all of coach Meyer’s decisions. The filing claims that as Griffith left the office, Wiktorowski said, “I would be careful how you pursue this, you have other coaching jobs at Wawasee schools to think about.” Two days later, Griffith was notified by the assistant principal and athletic director of WMS, Ryan Connor, that his employment with the school was terminated. The claim stated that just one week before, Connor had written a positive letter of recommendation for Griffith. Griffith then met with WCSC Superintendent Dr. Thomas Edington to voice his disagreement and concerns about Meyer’s conduct. Griffith told Dr. Edington that he did not believe he should be terminated for reporting improper conduct. Griffith also claimed Meyer had a history of improper conduct at a previous school. Dr. Edington informed Griffith that an investigation had been conducted but would not reveala any of the findings. Pursuant to Indiana Code 4-15-10-4, an employee has the right to report the existence of a violation of federal or state law to a supervisor and by making said report may not be dismissed from employment. Pursuant to Indiana Code 31-33-5-2, the filing claims, Dr. Edington and Wiktorowski were required to report the suspected improper conduct to the Department of Child Services or local law enforcement, but failed to do so. The claim also cites WCSC’s bylays and policies concerning abuse and neglect. They state that each staff member employed by the corporation shall be responsible for reporting immediately every case, whether ascertained or suspected, of abuse, abandonment, cruelty, or neglect resulting in physical or mental injury to a student by other than accidental means. The Statement of Claims lists Count I of unlawful retaliatory discharge, as Griffith was discharged from employment because he reported improper conduct and refused to commit an illegal act by turning a blind eye. Count II cites Indiana Code 4-15-10-4 that an employee may not be dismissed for reporting a violation of law. Griffith asks in the filing for an award of damages to compensate for his losses, an award of costs and for all such further relief appropriate. When asked for comment Tuesday afternoon, Dr. Eddington replied, “We do not comment on pending litigation.” A court date has yet to be issued.
