The Rapid City Area School district did not violate open government laws with the suspension and firing of a former superintendent, according to a decision from the state Open Meeting Board.
In August of 2024, Nicole Swigart was suspended and ultimately dismissed from her role as the RCAS superintendent by the local board of education. The firing orbited alleged comments relating to indigenous students and families made during an investigation by the Office of Civil Rights.
Swigart has since filed a wrongful termination claim against the school district, and at the meeting contended the process of her firing was not legally appropriate.
“It said the board is requiring the superintendent to be on leave for 30 days," Swigart said. "That reads, very clearly, that they are suspending me. It further goes on to say and complete cultural competency training. That was a detail of the conference review. That was thrown out the window when they announced it. Confidentiality was thrown out the window.”
Swigart and her supporters have maintained there is no proof these comments were made. The Office of Civil Rights report can be found online.
On the other hand, the school district contends no wrongdoing took place. Michael Hickey with the Bengs-McCullen Law Firm represents RCAS.
"The Board president and Board attorney met with Ms. Swigart and her attorney to go over the conference review, they reviewed it in detail, they explained it to her, she signed off on it, and they agreed a press release could be made," Hickey said. "The actual press release was given to them for their review, they accepted it, and now she’s complaining about it. I mean, she can’t have it both ways.”
Further, Hickey points to a press release Swigart shared with media prior to the release of the statement from the school board.
The Open Meeting Board sided unanimously with the school district, though some members voiced trepidation before casting their vote.
This open meeting dispute is separate from the wrongful termination suit Swigart previously filed.
