The overview
Whitbeck, who served as superintendent from October 2021 to December 2023, signed a Voluntary Retirement Agreement, or VRA, prior to her departure last December, according to a Dec. 4 news release from Christopher Tritico, a defense attorney with Tritico Rainey, who represents Whitbeck. This came shortly after trustees approved a raise in July and extended her contract to December 2026.
During the December 2023 meeting when trustees approved her voluntary retirement, Whitbeck said she was “blindsided” when an unnamed board member asked her to retire shortly after the district’s voter-approval tax rate election passed in November.
The details
The lawsuit claims the district, former board President Judy Dae and current trustees David Hamilton and Sonya Jones have violated the terms of Whitbeck's VRA. Dae left the board in May after not seeking re-election.
According to the lawsuit filed with Fort Bend County's 434th Judicial District Court, the VRA required:
- Whitbeck would remain with the district in a traditional capacity as superintendent emeritus until her June retirement
- Whitbeck would be paid her full salary and benefits through her retirement date
- Whitbeck would also be paid a severance of $352,024
- The district, trustees and Whitbeck would issue a unified public statement about her retirement
- Trustees agree to refer any third-party inquiries about Whitbeck's employment to the agreement and joint public statement
The lawsuit alleges the three trustees made public comments that violated the agreement and damaged Whitbeck’s professional reputation, per the Dec. 4 news release.
“Dr. Whitbeck’s career deserves respect, not baseless attacks. Her work has earned the respect of the community, district staff and even the board members who disparaged her,” Tritico said in the release.
The lawsuit alleges board members made various defamatory claims about Whitbeck, including that:
- Whitbeck withheld information about FBISD's special education noncompliance status until after her annual review
- Whitbeck made racist remarks about Jones
- The retirement wasn't voluntary
- Whitbeck disrespected the board members
In a statement issued Dec. 5, FBISD officials said the district’s legal counsel are “reviewing the allegations and are expected to ask the court to dismiss the lawsuit and order Dr. Whitbeck to reimburse the district for the cost of defending the lawsuit.”
Additionally, board President Kristin Tassin, who was elected to the board in May, called the lawsuit “groundless” in the statement.
She said the district and trustees “believed a leadership change was in the district’s best interest.” The board hired Superintendent Marc Smith in January.
“The district has paid Dr. Whitbeck every penny of a very generous severance package. Apparently, she now has second thoughts about what she agreed to and wants to get even more taxpayer money from the district,” Tassin said in the statement. “It is disturbing to me that the district will have to spend taxpayer funds and divert time and resources from educating students to defend against this groundless lawsuit.”
In her own words
In a statement in the release, Whitbeck called the situation the "most painful experience" of her life outside of the deaths of her husband and son.
"Never did I imagine enduring such malicious attacks on my character and career," Whitbeck said in the statement. "I have dedicated my life to serving public education, and I refuse to let false, manufactured narratives define my legacy. It’s time for certain board members to be held accountable for their actions and for the truth to come to light."
Looking ahead
According to court documents, Whitbeck is seeking:
- The "defamatory" statements from Dae, Hamilton and Jones be clarified, corrected or retracted
- Attorney fees and court costs be covered by the district and trustees
- Restitution damages for harm to her reputation in an amount to be determined by the trier
