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News / Clark County News

Vancouver man sues preschool program

He alleges EOCF fired him for reporting issues

By Katie Gillespie, Columbian Education Reporter
Published: July 18, 2018, 8:28pm

A Vancouver man is suing a Clark County preschool provider, alleging he was fired after he said he reported safety hazards to the provider and state.

In a lawsuit filed early this month in Clark County Superior Court, Brad Lebowsky accused Educational Opportunities for Children and Families of firing him after he reported to state authorities that there were overheated dishwashers in EOCF facilities and that EOCF failed to provide proof of custodianship from families.

EOCF operates about two dozen Head Start and Early Childhood Education and Assistance Program preschool centers in Southwest Washington. Head Start, which is federally funded, and ECEAP, which is state funded, provide full-day and part-day preschool programs for low-income families.

Lebowsky, who was EOCF’s director of operations from April 2017 through January 2018, alleges that in September, he alerted EOCF officials that dishwashers inside its facilities were not property ventilated, causing the dishwashers “to reach and exceed 200 degrees,” according to the court filing. Lebowsky’s attorney, Moloy Good, said one of the hot dishwashers was located in a classroom at Orchards Elementary School.

Two months later, in November, Lebowsky also complained that EOCF was not collecting written proof of custodianship for students, putting “children at risk of being released to a non-custodial person.”

Neither issue, according to the lawsuit, was addressed.

A review of child care complaints to the Department of Early Learning — now the Department of Children, Youth and Families — shows no record of valid, investigated complaints against EOCF facilities. A DCYF spokeswoman did not return a request for comment.

On Nov. 19, the lawsuit continues, Lebowsky reported the issues to the Region 10 Head Start child development director, as well as the state. Ten days later, he alleges, he was placed on paid administrative leave due to a “grievance filed against him.” The lawsuit does not provide details about that grievance, but alleges other employees were investigated for grievances without being placed on administrative leave.

“He was not told any specifics about what the problem was,” Good said, adding the grievance was ultimately dismissed.

Lebowsky was fired on Jan. 12. His lawsuit accuses EOCF of wrongful termination, as well as failing to pay his wages. Lebowsky is asking for damages including “past and future wages and emotional distress,” plus interest and attorney fees.

A representative from EOCF did not return a request for comment.

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Columbian Education Reporter