A teacher fired by the Marathon School District in September filed an open meetings complaint against members of the school board, accusing them of using an illegal secret ballot when they voted 3-2 to terminate her employment.
The Record Review in Edgar detailed the complaint against the district in its Jan. 14, 2026 issue. According to the story:
The complaint was filed on Monday, Jan. 12 in Marathon Circuit Court and alleges a breach of contract by the district when it terminated the contract of Jessica McCarthy less than one month into the 2025-26 school year after she allegedly used corporal punishment against two of her Marathon Venture Academy students.
A Sept. 24 evidentiary hearing during a school board meeting about McCarthy included testimony from Superintendent Angela Womack and MVA Principal Max Wienke regarding the incident, which allegedly took place on Sept. 9.
According to a complaint filed by one parent, one student was made to do a prolonged wall sit, while another student was instructed to complete arm circles — also known as sundials — as punishment for disrupting class.
McCarthy said during the hearing held in open session that she had the students complete the exercises as a “movement break” to prevent them from further disrupting their classmates.
The exercises had been previously demonstrated in class by McCarthy and her husband, who are both military veterans, during a unit on the military.
Accounts from other students in the class differ significantly about how long the two students were required to complete the exercises and whether it caused them much pain or discomfort.
The parents of the student who completed the sundials told district officials they did not want McCarthy fired for what she directed their son to do.
The school board entered closed session with attorney Davis Runde after hearing testimony from McCarthy, Wienke and Woyak. The board returned to open session after more than an hour of deliberation. Once the public was allowed back into the room, Runde announced a majority of the board voted to terminate McCarthy, but he would not say what the vote tally was among the five board members.
A month later — after open records requests submitted by the Record-Review and McCarthy’s attorney — the district released vote totals showing that Board President Jodi DeBrouz and board members Ted Knoeck and Paula Vesely voted to terminate McCarthy.
Board members Lia Klumpyan and Beth Seibert voted no.
Wis. Stat. 19.88(1) states: “Unless otherwise specifically provided by statute, no secret ballot may be utilized to determine any election or other decision of a governmental body except the election of the officer of such body in any meeting.”
The complaint asked the court to find the school board violated the open meetings law, issue fines against the board members, and void any action taken by the board at the unlawful meeting — including McCarthy’s employment termination.
