Okaloosa County School Board — Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing, October 2, 2018

Tuesday, October 2, 2018 Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing School District Central Administration Complex Niceville, Florida Training Room OCTOBER 2 and 3, 2018 9:00 a.m. 1. Opening of Meeting Subject : 1.1 Call to Order by the Chairman Meeting : Oct 2, 2018 - Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing Type : Procedural 1. Opening of Meeting Subject : 1.2 Hearing Procedures Meeting : Oct 2, 2018 - Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing Type : Procedural 2. Case No. 18-02 Lora Phillips vs. The School District of Okaloosa County, Florida Subject : 2.1 Swearing-in of Presenters and Witnesses Meeting : Oct 2, 2018 - Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing Type : Procedural 2. Case No. 18-02 Lora Phillips vs. The School District of Okaloosa County, Florida Subject : 2.2 Submission of Stipulated Exhibits Meeting : Oct 2, 2018 - Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing Type : Information 2. Case No. 18-02 Lora Phillips vs. The School District of Okaloosa County, Florida Subject : 2.3 Presentation of District's Case Meeting : Oct 2, 2018 - Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing Type : Information Public Content Submission of District Composite Exhibit 2. Case No. 18-02 Lora Phillips vs. The School District of Okaloosa County, Florida Subject : 2.4 Presentation of Employee's Case Meeting : Oct 2, 2018 - Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing Type : Action, Information Motion & Voting Motion to deny Mr. Levine’s motion to dismiss this case. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion to qualify Dr. Kirk Mauro as a medical expert based on his medical background and experience and his assessment of the evidence provided to him in this matter. Motion by Dewey Destin, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Lamar White No: Melissa Thrush 2. Case No. 18-02 Lora Phillips vs. The School District of Okaloosa County, Florida Subject : 2.5 Board Action Meeting : Oct 2, 2018 - Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing Type : Action Motion & Voting Motion to adopt the following Findings of Fact: That it is determined that the School Board is the constitutional entity authorized to operate, control, and supervise the Okaloosa County School District system; and that authority includes the ultimate decision on hiring, discipline and termination of employees within the School District; That at all material times to this matter, that Ms. Phillips was employed by the School Board as teacher at Wright Elementary School, and during 2017-2018 school year she was kindergarten teacher; That by letter dated January 24, 2018, Superintendent Jackson notified Ms. Phillips of her intent to recommend the termination of her employment as a teacher in the School District; That by letter dated February 13, 2018, the School District’s Assistant Superintendent of Human Resources notified Ms. Phillips that the School Board had approved the Superintendent’s recommendation that she be terminated at their meeting of February 12, 2018, and he provided her an outline of her rights to appeal the decision and request a hearing. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact that by letter dated February 13, 2018, in the Regular Board Meeting on February 12, 2018, the School Board voted to accept the recommendation of the Superintendent to terminate the employment of Ms. Phillips. Motion by Tim Bryant, second by Melissa Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact that the Petitioner, Ms. Phillips, did timely file her request for an appeal and for a hearing before the School Board in this matter. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact that in Respondent’s Exhibit 2, page 168, School District’s MIS Form 5198, Ms. Phillips signed, on October 7, 2009, a Loyalty Oath that states she will abide by the regulations that were provided to her in a copy of the Equity Policy, the Code of Ethics, regulations for a Drug Free Workplace, notice of Health Precautions, and Principles of Professional Conduct for the Education Profession in the State of Florida, signed on October 7, 2009. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact that the Petitioner’s witness, Dr. Kirk Mauro, gave testimony that in his opinion, markings apparent on student JB's arms were consistent with grabbing or abuse; and that Respondent’s Exhibit 5, Page 122, the DCF medical examination corroborates Dr. Mauro's opinion by having a positive finding of physical abuse. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact that Respondent’s Exhibit 3, the parent/teacher conference report note from the meeting with Dr. Choice, Ms. Tisza, the parent of student JB, the student JB, the significant other of parent, and the interview documented under Respondent’s Exhibit 5 conducted by the DCF investigator, Angela Viramontes and SRO Deputy McCullough, together with photographs taken by Deputy McCullough, corroborate evidence of bruising and abuse on the forearms of student JB. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact that in five separate instances student JB stated that Ms. Phillips grabbed him by the arms. Those five separate instances included student JB telling the following individuals: 1) student’s parent’s significant other, Mr. Trigo; 2) student’s parent; 3) as stated in the parent/teacher conference of October 18, 2017 which is documented in a record; 4) to DCF investigator and SRO Deputy McCullough without the parent present, and 5) to the DCE medical investigator without the parent present. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Melissa Thrush, Lamar White No: Dewey Destin Motion was made to include in the Findings of Fact that on two separate occasions, as documented by parent/teacher conference reports, Respondent’s Exhibits 3 and 4, two separate parents of students at Wright Elementary School allege that Ms. Philips had inappropriate contact with their children. Motion by Tim Bryant, second by Melissa Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact that the expert testimony received by the School Board from Petitioner’s witness, Dr. Kirk Mauro, in regard to the age of the bruises contradict the timeline proposed in the District’s evidentiary documents. Motion by Dewey Destin, second by Lamar White. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Lamar White No: Melissa Thrush Motion was made to include in the Findings of Fact that the School Board received no direct testimony during the hearing from any witness to the allegations of student JB. Motion by Dewey Destin, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact that student JB did not have any disciplinary referrals to the school administrative office by Ms. Phillips during 2017-2018 school year. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact the preponderance of evidence does not support the Superintendent’s recommendation to terminate the employee as per School Board Policy 08-09 Duties, Ethics, Professional Conduct, and Florida Administrative Rule 6A-10.081 Principles of Professional Conduct for the Education Profession in Florida. Motion by Dewey Destin, second by Lamar White. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Lamar White No: Melissa Thrush Motion to consider the following Conclusions of Law: That the School Board does has jurisdiction over the parties and the subject matter of this proceeding, pursuant to both Chapter 120 and Chapter 1012.33(6)(a) Florida Statutes; That Section 1012.22(1) Florida Statutes provides in part that a district School Board shall designate positions to be filled, prescribe qualifications for those positions, provided for the appointment, compensation, promotion, suspension, and dismissal of employees subject to other requirements of the statute; That the School Board has the authority, based upon the recommendations of the Superintendent to suspend or terminate instructional employees, pursuant to statute; That the standard for termination of instructional personnel is one of “just cause” under the statute; That the School Board Policy 08-09 Duties, Ethics, Professional Conduct provides duties, ethics, and professional conduct requirements of school district employees, and that the State Board of Education Rule 6A- 5.05(6) provides criteria for suspension and dismissal of school employees for misconduct; That the Superintendent’s letter dated January 24, 2018, provided the provisions under School Board Policy 08-09 Duties, Ethics, Professional Conduct, and Florida Administrative Rule 6A-10.081 Principles of Professional Conduct for the Education. Motion by Dewey Destin, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion to consider in the Conclusions of Law that the District, as the Respondent, had the burden of proving the allegations to support the Superintendent’s recommendation for termination by preponderance of the evidence. Motion by Dewey Destin, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion to consider in the Conclusions of Law that the preponderance of the evidence standard is defined by Black’s Law Dictionary as the greater weight of the evidence. Motion by Tim Bryant, second by Dewey Destin. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion to consider in the Conclusions of Law that the preponderance of evidence does not support the Superintendent’s recommendation to terminate the employee under School Board Policy 08-09 Duties, Ethics, Professional Conduct, and Florida Administrative Rule 6A-10.081 Principles of Professional Conduct for the Education Profession in Florida. Motion by Tim Bryant, second by Dewey Destin. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Lamar White No: Melissa Thrush Final Decision Motion that based on the Finding of Facts and Conclusions of Law, the Board rescinds its prior vote to approve the Superintendent’s recommendation for termination of employment, and orders that the employee be reinstated to employment with the District with retroactive pay and benefits, to be effective at such time that the School Board adopts the Final Order at a Special School Board Meeting which will be scheduled once the hearing transcript has been completed by the Court Reporter and the draft Final Order has been submitted for the Board’s review, revision and approval; and directs Mr. McInnis to prepare a draft Final Order consistent with the evidence presented, and the motions and actions taken during this hearing and the record of the proceedings. Motion by Dewey Destin, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Lamar White No: Melissa Thrush 3. Adjournment Subject : 3.1 Adjournment of the meeting by the Chairman Meeting : Oct 2, 2018 - Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing Type : Procedural 4. Public Notices Subject : 4.1 Public Notice Meeting : Oct 2, 2018 - Special Meeting - October 2 and 3, 2018 - Employee Disciplinary Appeal Hearing Type : Information Public Content This meeting will be open to the press and the public. Any person who decides to appeal any decision made by the Okaloosa County School Board with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the School Board at least 48 hours before the meeting by contacting the School Board’s Office Manager, Jan Crawford, at 202 Highway 85 North, Niceville, Florida 32578, telephone (850) 833-5895.