VALDOSTA – An attorney representing former Valdosta High School head football coach Alan Rodemaker said the Equal Employment Opportunity Commission has issued a determination in the case and the lawsuit against the Valdosta Board of Education for wrongful termination still has merit.

Recently, Thomas Joyce, an attorney representing the school district, sent an email to Dr. Todd Cason, the Valdosta school superintendent, with the EEOC’s decision on the Rodemaker case.

“I am pleased to inform you that the EEOC has found no evidence of discrimination by the School Board or School District in the above matters filed with the EEOC,” the email read.

The finding reflected the investigator’s opinion, the email read.

The “above matters” refer to the Rodemakers’ claim of wrongful termination based on racial discrimination.

However, Sam Dennis, the Rodemakers’ attorney, said in a statement the notion that the EEOC “found no evidence of discrimination” is false.

“In fact, the EEOC notified Coach Rodemaker of his right to sue the School Board and School District for discrimination,” Dennis said.

On March 22, the EEOC issued a report – an investigation led by EEOC Investigator C.A. Harris, closing the file.

Harris marked the reason behind it as the following:

“The EEOC will not proceed further with its investigation, and makes no determination about whether further investigation would establish violations of the statute. This does not mean the claims have no merit. This determination does not certify that the respondent is in compliance with the statutes. The EEOC makes no finding as to the merits of any other issues that might be construed as having been raised by this charge.”

Given the EEOC decision, the email reads Rodemaker can still file a lawsuit against the city school board as long as it’s within 90 days after the receipt of the email, which is under Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act.

The EEOC’s decision was an “administrative conclusion” rather than a “legal determination.” 

According to Dennis’ statement, the EEOC will sometimes find a charge fails to state a claim but that isn’t the case here.

This is a case of “unquestionably racial discrimination,” he said.

“We were ecstatic when we learned that this government bureaucracy is getting out of our way and allowing us to proceed to the courthouse, where we will prove that Defendants’ discrimination against Coach Rodemaker was racially motivated,” the release read.

In an earlier statement, Dennis said the Rodemakers engaged in settlement discussions based on good faith and assurance that the school board would consent to a settlement if it could be reached.

“Then the renegade Board members illegally voted to reject the opportunity to resolve these cases,” Dennis said. “So, there are no current, outstanding settlement offers. We are marching to the courthouse.”

In 2020, Leah Rodemaker, the coach’s wife, filed the lawsuit in Lowndes County Superior Court against city school board members Warren Lee, Liz Shumphard, Tyra Howard, Debra Bell and Kelisa Brown who voted Alan Rodemaker out as the Valdosta High School head football coach.

She asked the court to block any attempt to replace Alan Rodemaker – he was replaced by Rush Propst, for the former coach’s contract to be renewed for one year starting July 1, 2020, unless “they can show a meaningful, non-racial reason” for his non-renewal. She also requested a trial before a jury of 12.

At 7 p.m. Wednesday, April 21, the school board met to consider “the settlement of all lawsuits brought by former football coach Alan Rodemaker and Leah Rodemaker against the school district, school board members and school district staff and employees,” according to a board of education statement.

This consideration changed from an action item to a information only item.

The board attempted a similar meeting March 3. At the time, board member Dr. Tad Moseley made a motion to accept the undisclosed settlement which was seconded by Trey Sherwood and favored also by Stacy Bush.

Howard, Lee, Shumphard and Brown voted against it, leaving Bell to abstain. The motion was rejected.

“The School Board not approving this resolution is just another example of these five members grandstanding, risking and damaging the City School System and City resources,” Dennis said in a statement following the March rejection.