Dr. Ted Wachter

On June 8, 2005, Judge Ernest Kinard issued an Order denying Richland School District One’s and Dr. Jake Sello’s motions to have the Dr. Ted Wachter case dismissed or to grant them a new trial. However, Judge Kinard determined the jury’s verdict was excessive based on his view of the evidence and reduced the amount to $93,000. Judge Kinard also made the school district, rather than Dr. Sello, responsible for the payment to Wachter.

In December 2004, Dr. Ted Wachter, principal of Rosewood Elementary School, sued the school district and Dr. Jake Sello, area superintendent, for negligent supervision, and defamation of Wachter by Sello.

After a week of testimony by witnesses brought by Wachter’s attorneys, Lewis Cromer and Amy Gaffney, and Sello’s attorneys, Ken Childs and Vernie Williams, the jury ruled:

1. Dr. Ted Wachter, principal of Rosewood Elementary School, was awarded $150,000 in damages against Dr. Jake Sello, area superintendent, for defamatory and slanderous allegations.

2. Richland One and Superintendent Ron Epps were not guilty of gross negligence in supervising Dr. Jake Sello.

Post trial motions made by Richland School District One were deferred by Judge Kinard until the end of the school year and the employment by the school district of a replacement for Dr. Ron Epps.

Now Judge Kinard has ruled that Wachter’s evidence did not support the damages awarded by the jury and has granted a new trial nisi remittitur in the amount of $93,000.

The plaintiff, Dr. Wachter, may elect a new trial or accept the judgment and the school district replaces Dr. Sello as defendant. Dr. Wachter and his attorneys have 20 days to either file papers with the court accepting the $93,000 or a new trial will be ordered and the issues will be litigated once again.

Wachter’s attorneys, Cromer and Gaffney, stated that while they were disappointed the judge had cut the amount awarded by the jury, they were gratified the judge upheld the jury’s vindication of Dr. Wachter and rejected the district’s position.

They say they will consider the various legal options available to them and will make a decision within the next few days as to whether they will accept the $93,000 award. Meanwhile, Dr. Wachter has a federal case pending against the school district for discrimination which has yet to be scheduled for trial.

Dr. Wachter says, “I share my attorneys’ disappointment in having the verdict reduced, but I am very gratified Judge Kinard ruled in our favor on the merits of this case. I have truly suffered from charges made against me by Dr. Sello that I was racially insensitive and did not consider the needs of my minority students at Rosewood.

“The verdict vindicated me somewhat, but the ultimate vindication came with the last week when Rosewood Elementary School was recognized by the Education Oversight Committee of the State of SC as one of the top schools in the state in closing the achievement gap among students of differing economic, racial, and ethnic groups. (Editors note: Rosewood was the only school in Richland One to receive the award.)

“This pleases me greatly and reflects the dedication that my teachers, administrators, and I have devoted to assisting all students, particularly minority students, in getting the best elementary education possible at Rosewood.

“I have made an offer of settlement to the district which I hope it will accept so that we can put an end to these matters and once again march hand–in–hand as partners in the education of all of our children in Richland County.”

Both Dr. Wachter and Dr. Sello remain in their positions as principal and area superintendent. Dr. Sello no longer supervises Dr. Wachter. Dr. Epps resigned soon after the decision in December and his replacement will take office next month.