Okaloosa County School Board — Special Meeting - Employee Disciplinary Appeal Hearing, July 12, 2018

Thursday, July 12, 2018 Special Meeting - Employee Disciplinary Appeal Hearing School District Central Administration Complex Niceville, Florida Training Room 10:30 a.m. 1. Opening of Meeting Subject : 1.1 Call to Order by the Chairman Meeting : Jul 12, 2018 - Special Meeting - Employee Disciplinary Appeal Hearing Type : Procedural 1. Opening of Meeting Subject : 1.2 Hearing Procedures Meeting : Jul 12, 2018 - Special Meeting - Employee Disciplinary Appeal Hearing Type : Procedural 2. Case No. 18-04 John Lewis vs. The School District of Okaloosa County Subject : 2.1 Swearing-in of Presenters and Witnesses Meeting : Jul 12, 2018 - Special Meeting - Employee Disciplinary Appeal Hearing Type : Procedural 2. Case No. 18-04 John Lewis vs. The School District of Okaloosa County Subject : 2.2 Submission of Stipulated Exhibits Meeting : Jul 12, 2018 - Special Meeting - Employee Disciplinary Appeal Hearing Type : Information 2. Case No. 18-04 John Lewis vs. The School District of Okaloosa County Subject : 2.3 Presentation of District's Case Meeting : Jul 12, 2018 - Special Meeting - Employee Disciplinary Appeal Hearing Type : Information Public Content Submission of District Composite Exhibit 2. Case No. 18-04 John Lewis vs. The School District of Okaloosa County Subject : 2.4 Presentation of Employee's Case Meeting : Jul 12, 2018 - Special Meeting - Employee Disciplinary Appeal Hearing Type : Information 2. Case No. 18-04 John Lewis vs. The School District of Okaloosa County Subject : 2.5 Board Action Meeting : Jul 12, 2018 - Special Meeting - Employee Disciplinary Appeal Hearing Type : Action Motion & Voting Motion to include in the Motion to include in the Findings of Fact Findings of Fact that based on that there was an incident where Mr. Lewis testimony and evidence did not follow procedure in regard to dress presented to the Board code violations by making a comment regarding the appeal of the directly to a student instead of making a five-day suspension, that Mr. dress code violation referral to the Lewis, did receive a letter of administration. reprimand from Mr. Day, Principal of Crestview High Motion by Melissa Thrush, second by Dewey School, dated January 19, Destin. 2017, based on comments he Final Resolution: Motion Carries made to a female student as Yes: Tim Bryant, Dewey Destin, Melissa reported by that student. Mr. Thrush, Lamar White Lewis received that letter of Motion to include in the Findings of Fact reprimand on January 24, that the principal followed a progressive 2017. discipline plan in his recommendation of the five day suspension without pay for Mr. Motion by Melissa Thrush, Lewis based upon prior discipline and second by Dewey Destin. counseling. Final Resolution: Motion Carries Motion by Tim Bryant, second by Dewey Yes: Tim Bryant, Dewey Destin. Destin, Melissa Thrush, Lamar Final Resolution: Motion Carries White Yes: Tim Bryant, Dewey Destin, Melissa Motion to include in the Thrush, Lamar White Findings of Fact the details of Motion to include in the Findings of Fact the incident as it occurred that the Superintendent conducted a between Mr. Lewis and Ms. conference with Mr. Lewis to review the Rodriguez based on Exhibit incident, and the recommendation by Mr. R2, the handwritten statement Day, and to hear Mr. Lewis’ side of the of Wendy Rodriguez, and the facts before making her decision, and that attached deposition of Ms. no additional information was revealed to Rodriguez; and that Mr. Lewis her in that conference to change her did not deny having made the decision about the principal’s statements or having the recommendation. conversation with Ms. Rodriguez. Motion by Melissa Thrush, second by Tim Bryant. Motion by Melissa Thrush, Final Resolution: Motion Carries second by Tim Bryant. Yes: Tim Bryant, Melissa Thrush, Lamar Final Resolution: Motion White Carries No: Dewey Destin Yes: Tim Bryant, Dewey Motion to include in the Findings of Fact Destin, Melissa Thrush, Lamar that Mr. Day had issued a prior letter of White reprimand, and that he counseled Mr. Lewis Motion to include in the on several occasions previously in regard to Findings of Fact that upon the making the same kind of inappropriate school administration’s comments at the school, not necessarily for receipt and review of Mrs. discipline, and that his conduct was not Rodriguez’s handwritten acceptable. statement, a letter of recommendation was issued Motion by Melissa Thrush, second by Tim by Mr. Day, Principal, for a Bryant. five day suspension without Final Resolution: Motion Carries pay, on October 27, 2017, Yes: Tim Bryant, Dewey Destin, Melissa showing progressive Thrush, Lamar White disciplinary action after a Motion to include in the Findings of Fact second incident of that the school administration and the inappropriate conduct; and District interpreted the statement made by was received by Mr. Lewis on Mr. Lewis to Ms. Rodriguez as being of a October 30, 2017. sexual nature. Motion by Melissa Thrush, Motion by Melissa Thrush, second by Tim second by Tim Bryant. Bryant. Final Resolution: Motion Final Resolution: Motion Carries Carries Yes: Tim Bryant, Dewey Destin, Melissa Yes: Tim Bryant, Dewey Thrush, Lamar White Destin, Melissa Thrush, Lamar Motion to adopt a Conclusion of Law that White the letter of reprimand from Dexter Day, Motion to include in the Principal of Crestview High School, dated Findings of Fact that Mr. January 19, 2017, in regard to Mr. Lewis Lewis has admitted to making making inappropriate comments to a the statements to Ms. student, was warranted based on School Rodriguez as she outlined in Board Policy 08-09 Duties, Ethics, and her deposition, and that Professional Conduct. Superintendent Jackson testified that Mr. Lewis Motion by Melissa Thrush, second by Dewey admitted to her that he made Destin. those statements when she Final Resolution: Motion Carries met with him to review her Yes: Tim Bryant, Dewey Destin, Melissa recommendation. Thrush, Lamar White Motion to adopt a Conclusion of Law that Motion by Melissa Thrush, Mr. Day’s recommendation for a five day second by Tim Bryant. suspension without pay as noted in his letter Final Resolution: Motion dated October 27, 2017 and received by Mr. Carries Lewis October 30, 2017, was warranted Yes: Tim Bryant, Dewey based on School Board Policies 06-08 Destin, Melissa Thrush, Lamar Complaints relating to Employees, and 08-09 White Duties, Ethics, and Professional Conduct, Motion to include in the based on consideration of all evidence Findings of Fact that a fit-for- presented. duty evaluation was completed on Mr. Lewis, Motion by Melissa Thrush, second by Tim February 14, 2018, confirming Bryant. that there was no reasonable Final Resolution: Motion Carries medical explanation that Yes: Tim Bryant, Dewey Destin, Melissa would account for Mr. Thrush, Lamar White Lewis’ behavior in the Motion to adopt a Conclusion of Law that matter of Ms. Rodriguez. the progressive discipline plan followed by Mr. Day in this matter was appropriate Motion by Melissa Thrush, based on Mr. Lewis’ failure to follow second by Tim Bryant. guidelines set by the administration that Final Resolution: Motion dress code violations be handled by Carries administration. Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar Motion by Dewey Destin, second by Melissa White Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion to adopt a Conclusion of Law that School Board Policy 06-27, cited in the principal’s letter of recommendation, is in place to prevent situations from escalating to the point that the district is exposed to liability. Motion by Tim Bryant, second by Dewey Destin. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion that based on the Finding of Facts and Conclusions of Law, the Board upholds the Superintendent’s recommendation of a five day suspension without pay of the employee John Lewis 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 Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White 3. Adjournment Subject : 3.1 Adjournment of the meeting by the Chairman Meeting : Jul 12, 2018 - Special Meeting - Employee Disciplinary Appeal Hearing Type : Procedural 4. Public Notices Subject : 4.1 Public Notice Meeting : Jul 12, 2018 - Special Meeting - 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. File Attachments 07-12-2018 - Employee Appeals Hearing.pdf (107 KB)