Principal claims Cary charter school fired him for enforcing mask mandate

Bauer says in the lawsuit that he was hired as Cardinal Charter principal in July and, within 45 days, filled 22 vacant staff positions. Eight of the new hires were Black educators, prompting criticism from at least one member of the school's board of directors and Charter Schools USA's state director, according to the lawsuit.

Bauer also put protocols in place for in-person instruction amid the ongoing coronavirus pandemic, including requiring that everyone wear masks in school and that students be quarantined under specific circumstances, according to the lawsuit. The mask mandate was consistent with guidance from state health officials.

"Upon taking the position as school principal, Mr. Bauer observed that a large number of his staff were disregarding the school, county and state's rules regarding the wearing of masks. Following this observation, on or about August 20, 2021, Mr. Bauer held a meeting during which he castigated the staff to achieve their compliance with the mask mandate," the lawsuit states.

required to quarantine," the lawsuit adds.

Bauer was fired on Sept. 2 "without any warning," which he claims violated "an implied covenant of good faith and fair dealing" in his contract. He also alleges that the firing was "in violation of the public policy of the State of North Carolina" because it was based on his insistence to follow public health guidance and for his hiring a racially diverse staff.

Tory Summey, an attorney for Charter Schools USA, says the company doesn't comment on active litigation.

WRAL Investigates found minutes of a board meeting from early in the school year that show Cardinal Charter got off to a rocky start, enough so that both Bauer and Charter Schools USA's chief of schools apologized and promised improvement. According to the minutes, Bauer also "acknowledged overreaction to a situation with staff and has personally apologized."

Bauer didn't respond Wednesday to WRAL's requests for comment.

Some Cardinal Charter parents emailed WRAL on Wednesday to criticize Bauer's lawsuit.

"The beginning of the school year was complete chaos," one wrote.

"Whatever he presented for this article runs absolutely counter to the reality that we experienced in the short time that he served as principal," another wrote.

"I have never heard as much unrest and upset as during the short time Bauer was in place at Cardinal," a third wrote.

Florida-based Charter Schools USA operates more than 90 schools in five states. In North Carolina, it also operates charter schools in Wendell, Charlotte, Concord, Denver, Indian Trail, Kannapolis, Mooresville and Troutman.