Former Mitchell Tech instructor suing college, Mitchell School District over termination

Dec. 5—SIOUX FALLS — A former Mitchell Technical College instructor is suing his former employer and the Mitchell School District for an alleged violation of his civil rights when he was terminated from his job in 2022.

Michael Carpentier filed suit in federal court on Nov. 3 claiming that his due process rights were violated. Mitchell Technical College, MTC President Mark Wilson and the Mitchell School District are named as defendants in the case.

Carpentier, who was first hired in 2017 at Mitchell Tech, previously taught commercial truck driving courses. The Mitchell resident is represented by Michael Sharp, of Emery, as his attorney.

The complaint in the lawsuit alleges that Carpentier "reported numerous complaints to his supervisor at MTC that students were being sexually harassed by an instructor, that said instructor was touching the students in a sexually suggestive manner, that instructor was discussing his preference in pornography with the students, and that students were scared to be left alone with said instructor."

Officials with Mitchell Technical College declined comment to the Mitchell Republic seeking comment on the case.

According to Carpentier, he was informed by his supervisor that the students' complaints were hearsay and that "nothing needed to be done since students talk." He said he directed complaints from students to the college's Title IX Coordinator.

On Oct. 7, 2022, Carpentier got into a verbal altercation with the instructor accused of sexual harassment. Five days later, he was instructed to report to a meeting with Wilson, the instructor and other college leaders. During the meeting, Carpentier was asked to resign and when he refused to do so, Wilson fired him from his job, according to court documents.

In the lawsuit, Carpentier alleged that he was not provided with a notice to terminate the job, the right to access his employment file or provided with notice that he could request a hearing before the Mitchell School District Board of Education regarding his termination. He also said he contacted a Mitchell Board of Education member about the issue and the board member said they would follow up with more information and they did not.

According to the complaint, Carpentier was employed with an annual contract that ran from Aug. 1 to July 31 each year.

"As a proximate result of defendants' actions, (Carpentier) was deprived of his property, employment, compensation, leave, stipend, salary and other benefits of employment," the complaint said. "On information and belief, defendants wrongfully terminated Plaintiff's employment in violation of the terms of the contract of employment and in retaliation for reporting allegations of sexual harassment."

Carpentier's lawsuit requests compensatory damages to be determined at trial, plus attorney's fees, and seeks to be reinstated to his position as an instructor for the Mitchell School District.

A trial date has not been set for the case.