"Whistleblower" termination claim rejected

January 27, 2010

A circuit court judge has ruled the Sioux Falls School District and Southeast Technical Institute (STI) acted properly when it terminated the former registrar of STI.

The action, in which the School District and STI were represented by Sandra Hanson and Anthony Hohn, was filed after Matt Onnen was terminated in August 2007 when an investigation revealed 28 of one year’s 525 STI graduates received unearned degrees or diplomas. As registrar, Onnen was solely responsible for verifying that students met graduation requirements. In upholding the termination, 2nd Circuit Judge William Srstka, Jr., rejected Onnen’s claims that he was denied due process and that the decision was improper.

In a written opinion issued this week, Judge Srstka also rejected Onnen’s claim that he was fired for being a “whistleblower.” Onnen claimed he was terminated in retaliation for having brought to the attention of STI administration numerous alleged violations of policies, laws, and regulations. The judge found Onnen presented mere assertions, but no proof, of retaliation. He said the evidence was clear that Onnen was terminated “for no reason other than his charged incompetence as Registrar.”

The decision follows a lengthy court trial in December 2009.