Northside football coach named as lawsuits challenge firing of previous coach

Fort Smith Public Schools (FSPS) named a new head football coach at Northside High School on Monday (Feb. 24), and on the same day a second lawsuit was filed regarding the “reassignment” of the former Northside football coach.

The FSPS school board approved the hiring of Dom Mirocke as the next Northside head football coach during its board meeting. Mirocke has 15 years of experience in Division I and II collegiate football.

“We had a high level of interest in the Northside High School head football coach position, and we were very blessed with the different candidates,” said Michael Beaumont, FSPS director of athletics & activities. “We have found an outstanding candidate, coach Dom Mirocke, with expertise on paper and experience at the collegiate level, who will allow our kids to be successful at the next level. We are very excited to have coach Mirocke and his family at FSPS and in FSPS athletics and activities.”

Mirocke worked as assistant head coach, offensive coordinator, and wide receivers coach for Arkansas Tech University since 2023. Prior to that, he was assistant head coach at Henderson State University for six years.

He has a master’s degree in sports leadership, specializing in teaching and coaching, from Southwest Minnesota State University and a bachelor’s degree in integrated studies from Emporia State University (Kansas).

“I am extremely honored to be the new Northside High School head football coach,” Mirocke said. “It is humbling and exciting to be chosen to lead such a historic and tradition-rich program, and I am thrilled to start this journey to help rebuild this program into a premier winner on and off the field.”

COACH CONTROVERSY
A federal lawsuit was filed Monday in the U.S. District Court, Western District of Arkansas, Fort Smith Division, regarding the reassignment of Felix Curry, former head football coach and athletic coordinator at Northside.

The lawsuit, filed by Fayetteville attorney Matt Bishop on behalf of Curry and his attorney, Joey McCutchen, references school board president Dalton Person and FSPS in their attempts to deny Curry and McCutchen’s ability to speak during a public school board meeting Dec. 16.

Curry was told Nov. 22 that his contract was not being renewed and was told Dec. 4 that he was being reassigned to the Student Detention Center (“SDC”). The district has provided no reason for the action.

On Dec. 11, McCutchen received an email from Marshall Nye, attorney for the FSPS school board, stating the school board would not meet with them.

“In terms of coach Curry’s request to address the board at its next meeting, that will be declined if he intends to address his employment as coach is in the process of filing a grievance, and addressing the board in advance would be improper,” the email stated.

Nye did not cite any policy of the school board, the district, or any applicable statute for the denial of Curry’s request to speak during the public comment period of the Dec. 16 board meeting, the lawsuit alleges.

In response, McCutchen requested Nye put McCutchen on the agenda or list him as a member of the public to speak during the public comment period. That was also denied. McCutchen was later removed from the Dec. 16 meeting for attempting to continue addressing the board once Person told him he could not.

The lawsuit claims the school board and the district infringed on Curry and McCutchen’s First Amendment rights. It asks for monetary compensation.

FIRST LAWSUIT
This is the second lawsuit filed due to the actions against Curry. A lawsuit filed in Sebastian County Circuit Court on Feb. 18 by McCutchen on behalf of Curry states Curry’s reassignment was unlawful because it did not receive the approval of the FSPS school board.

The lawsuit contends that while Ney stated in a public meeting that Curry had agreed to allow Dr. Terry Morawski, FSPS superintendent, the authority to reassign him by signing his contract and that Arkansas law allows superintendents the power to make reassignments, the duty should lie with the school board.

The lawsuit asks that the court enter a judgment stating that Curry was unlawfully reassigned as head football coach and campus athletic coordinator and reinstate him to that position for the remainder of his contract. It also asks any similar language in employment contracts throughout the district be ruled as invalid and unenforceable.

McCutchen said the school board’s approval of the hiring of Mirocke is inconsiderate to all those involved.

“It is unbelievable and totally nontransparent,” McCutchen said. “Approving the consent agenda (which included the personnel recommendations for February) without any discussion or even mentioning (Mirocke’s) name is disrespectful to the city, to coach Curry, and to the new coach. Doing this now, with the latest lawsuit filed, is putting the new coach’s job in jeopardy.”