Scholten's lawsuit, filed with the United States District Court, also alleges discrimination based on disability, gender and retaliation. She initially filed the complaint with the Equal Employment Opportunity Commission on Nov. 7, 2011, and received a right-to-sue letter in April of 2012.
The district's response, filed on Nov. 28, denies this, saying that Tompkins "suggested plaintiff consider a medical leave of absence as an alternative to allow her to work on regaining her health," states the lawsuit. "She reluctantly accepted the medical leave of absence and subsequently sought treatment at an out-of-state, in-patient treatment facility."
The response also states that Scholten's position was not terminated because of these incidences. For the school year 2011-2012, Scholten was moved from her position as principal of Blackbird and Shay elementaries and named curriculum director for the school district. This position was cut in the spring of 2012.
"Like almost every other public school district in Michigan, Harbor Springs was faced with increasingly difficult financial decisions," states the lawsuit. "As a result of this situation, Harbor Springs had to make difficult decisions to save money. Staff positions at all levels in the district were cut including the Curriculum Director position. For financial reasons, plaintiff's contract was not renewed after it expired on June 30, 2012."
The response says that Scholten's termination was not because of retaliation to her drunken driving arrest.
Nicholas Roumel, lawyer for Scholten, says he's still confident about their case.
"We still feel strongly in our position, and we're prepared to put on our proofs and evidence that the defendants acted improperly," he said.
"It's moving along a little more slowly than I'd like, but that's what happens with lawsuits. We look forward to vindicating Ms. Scholten's rights at the end of the day."
William Vogelzang, lawyer for Harbor Springs Schools, says the allegations aren't true.
"It's basically our position that the district was helping her out with an issue, and it wasn't discrimination or retaliation," he said.
The lawsuit is looking for damages in excess of $75,000 and names the public school district as well as Tompkins.
Follow @MorganSherburne on Twitter.