St. Charles School District 303 agreed to pay former teacher $24,000 after COVID-19 vaccine disagreement

ST. CHARLES – Two years after removing a second grade teacher from district schools and docking her pay over noncompliance with vaccination and testing rules, the St. Charles District 303 School Board reached a settlement agreement in which it promised to pay the teacher $24,000 for withheld wages.

According to documents obtained by the Kane County Chronicle through a Freedom of Information Act request, Nicole Cournaya began working in District 303 as a substitute teacher at Ferson Creek Elementary School in January 2000. She was hired as a full-time teacher at Ferson Creek in August 2000, where she taught until September 2021.

In August 2021 during the pandemic, Gov. JB Pritzker issued Illinois Executive Order 2021-20 that stated school personnel must have at least one dose of a COVID-19 vaccine or submit to weekly testing. The order also stated that individuals are exempt from the vaccination requirement if it contradicts their religious beliefs but that they still must adhere to weekly testing.

After refusing to comply with the vaccination and testing mandates in the executive order, Cournaya was removed from District 303 buildings and docked pay.

On Sept. 1, 2021, Geneva law firm Griffin Williams McMahon & Walsh LLP, representing Cournaya, wrote a letter to the school district detailing her objection to vaccinations or testing and stating she should be exempt from the mandate on the grounds of her religious beliefs and moral objection.

In the letter, Cournaya’s lawyers said, “We respectfully request that you honor Ms. Cournaya’s religious beliefs by exempting her from the mandates of Executive Order 2021-20 and not pressure, harass or retaliate against her for adhering to those beliefs.”

Assistant Superintendent Mark Moore wrote a letter that was hand delivered to Cournaya on Sept. 27, 2021, stating she was out of compliance with EO 21-20 and was therefore “excluded from entering District 303 buildings” and would be “placed on unpaid status” until she complied.

A partially redacted copy of the letter was obtained by the Kane County Chronicle through its records request to District 303.

“While I hope further exclusion will not be necessary, ultimately that decision is up to you,” Moore said in the letter. “I encourage you to submit either [redacted], so you can return to your position at Ferson Creek and continue to work with our students.”

Cournaya attempted to file a restraining order against the school in September 2021 but was denied by a Kane County judge. She filed a formal grievance with the school district Oct. 7, 2021, that listed six counts of violations.

Cournaya claimed the district had violated her collective bargaining agreement, employment contract, executive orders and state and federal laws. The grievance requested that the district terminate the vaccine and testing mandate as well as the threat of unpaid time off, disciplinary measures or termination for exercising her rights.

Two months after being removed from her classroom, Cournaya sent an email to school board members Nov. 30, 2021, with the subject line “Back to work” in which she wrote, “I am not a danger to anyone. Like I’ve said to you before, I have antibodies and I am healthy. Vaccinated people can get and spread COVID-19 the same, so why am I being discriminated against? Please let me go back to teaching my students.”

Despite making several requests to return to work, Cournaya continued to refuse to comply with the executive order and missed 78 days of work between Sept. 27, 2021, and Feb. 4, 2022. She was docked a daily pay rate of $503.65 for a total of $39,284.70.

Cournaya filed charges of discrimination against the district on July 22, 2022, with the Equal Employment Opportunity Commission. On July 25, the EEOC issued a notice to the school district that charges of discrimination had been filed and a federal investigation would begin.

During the investigation, the school board denied all allegations of unlawful conduct including the charges alleged by Cournaya. EEOC dismissed the charges on July 20, 2023, but issued a notice of Cournaya’s right to sue.

After more than two years of litigation and deliberation, District 303 approved the settlement agreement in a 4-3 vote without discussion during their Oct. 16 meeting. Board President Heidi Fairgrieve and board members Becky McCabe and Kate Bell voted no.

The agreement was signed by Cournaya on Oct. 15 and went into effect Oct. 24.

According to the settlement agreement, the school board agreed to pay Cournaya $24,000 for wages withheld between Sept. 28, 2021, and Feb. 8, 2022, minus taxes, withholdings and any other deductions required by law.

Under the agreement, the school board denied all alleged charges and wrongdoing of any kind. Cournaya waived all rights to file or join any lawsuit against based on any claims contained in the agreement and neither party may discuss the terms of the agreement or amount of the settlement under the confidentiality clause of the agreement.

Fairgrieve said after the Oct. 16 vote that while the board could acknowledge a settlement had been made, details of the settlement were not yet public information.

Cournaya’s attorney Julie L. Cibulskis said her client had no comment regarding the settlement.