RAPID CITY – Nicole Swigart, former CEO/Superintendent of the Rapid City Area School District, has filed a lawsuit alleging wrongful termination and discrimination. The complaint names the RCASD, the RCASD Board of Education, and individual board members Michael Birkeland, Troy Carr, Jamie Clapham, Christine Stephenson, Walt Swan, and Katy Urban as defendants.
Swigart is filing the suit less than 30 days before the Rapid City School board election with several board members running for re-election. Representatives of the Rapid City School District reported that they had not received legal notice of the suit; but were notified by the press and are awaiting to get legal notice.
The Rapid City Area School District’s legal council has been Kelsey Parker since March of 2023.
“Although the District has not yet been formally served with a lawsuit from Ms. Swigart, the District categorically denies any wrongdoing related to Ms. Swigart’s departure.” Said Parker. “We respect the legal rights of individuals to pursue claims; however, we remain confident that a full and fair review of the facts in the appropriate legal forum will affirm the District’s actions. The District will respond to these allegations through the appropriate legal channels, with representation by outside counsel at Bangs McCullen Law Firm. We will not engage in public litigation through the media. Our focus remains where it belongs — on providing a high-quality education to our students and supporting the dedicated professionals who serve them each day.”
Swigart, a resident of Black Hawk, South Dakota, was employed by RCASD for over 33 years until her termination in August 2024. According to the complaint filed Thursday, Swigart alleges violations of the Equal Pay Act, Title VII of the Civil Rights Act of 1964, Title VI of the Civil Rights Act of 1964, the Family Medical Leave Act (FMLA), and the First and Fourteenth Amendments of the U.S. Constitution, as well as state laws regarding defamation and deceit.
“What occurred here is clear. Ms. Swigart became the scapegoat for a district that found itself in trouble following a damaging Office of Civil Rights investigation, which began years before Ms. Swigart was in her position,” says Attorney Jason Sutton. “With a clear lack of proof of inappropriate conduct by Ms. Swigart, with no evidence that she was anything but a stellar employee, and without any regard for the law, Ms. Swigart was railroaded in the public square.”
Attorney Lisa Marso added, “The time has come for the public to see in full transparency how the school board and the district violated Ms. Swigart’s rights, deceived the community, destroyed Ms. Swigart’s professional/personal reputation, and caused her unimaginable harm.”
The lawsuit details Swigart’s appointment as Interim CEO/Superintendent in the spring of 2022 and her subsequent unanimous appointment to the CEO/Superintendent position in March 2023. The complaint alleges that Swigart’s salary in both roles was significantly lower than that of male counterparts who held the same positions before and after her tenure. It also claims that her contract contained disadvantageous terms not included in male superintendents’ contracts.
A central point of contention in the lawsuit revolves around a compliance review conducted by the United States Department of Education Office of Civil Rights (OCR). The complaint states that in May 2024, the OCR sent RCASD a Resolution Agreement and a subsequent report that included statements attributed to the Superintendent regarding Native American tribes and their views on education and time. Swigart denies making these statements, which she says are inconsistent with her beliefs and actions during her long career working with Native American students and families.
The lawsuit alleges that despite Swigart’s denials and knowledge of other inaccuracies in the OCR report, the defendants did not conduct an effective investigation, challenge the report’s findings, or allow Swigart to address the public or school personnel about her background. The complaint further states that the Board publicly apologized for the alleged statements without first speaking to Swigart, conveying a presumption of guilt.
Swigart was subsequently suspended for 30 days and then terminated in August 2024. The lawsuit claims that the process used to investigate, discipline, and terminate Swigart was less favorable than the process used for similarly situated male employees. It also alleges violations of South Dakota’s Open Meeting laws in the handling of her discipline and termination.
The complaint details the physical and psychological trauma Swigart allegedly suffered due to the defendants’ actions, including severe emotional distress and various physical symptoms. It also claims that her FMLA request was not properly processed.
Swigart is seeking compensatory and punitive damages, as well as coverage for costs and attorney’s fees. She has also demanded a jury trial.
This is an ongoing story and we will report on it as it develops.
