NORWICH – The Norwich City School District Board of Education held its monthly meeting Wednesday night where it debated whether the district is legally liable for not having a state certified athletic director.
Relating to that conversation the school district also revealed a rapid increase in legal fees from the previous school year, with costs already more than triple last year's total, and there are still four months left in the school year.
Certified athletic director liability
Superintendent Gerard O'Sullivan noted a state education department regulation that says, "Each district...shall employ a director physical education and administrative and supervisory service." Currently, NCSD has an Athletic Coordinator, Lee Supensky, who has agreed to maintain the position through the end of the school.
O'Sullivan said on September 4 of last year, the district received a letter from Dr. Ed Erickson requesting a board investigation into the athletic department as a result of recent coaching controversies and the fact the district's then Athletic Director, Joe Downey, did not have State Education Department (SED) certification. He questioned if the district could be liable for this.
O'Sullivan said Downey resigned from his position of six years in December 2017 "for a variety of reasons," and Lee Supensky was subsequently appointed to the position.
The district's legal firm, Ferrara Fiorenza, replied that "It is not unusual for a school district to have teachers in roles such as...athletic director...no particular certification is required to serve in capacities such as athletic director..." but recommended the district appoint a director of physical education with physical education and administrative certification, or appoint a qualified retired person, designate a teacher to fulfill the role, or share services with another district.
Board Vice President Jennifer Collins said, "I'm glad that Mr. Supensky stepped in, but quite frankly if you look what Mr. Atlas from the legal team told us, without a confirmation from SED saying it's okay, even Mr. Supensky doesn't have the proper certifications."
