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[00:00:01]

OKAY. GOOD AFTERNOON EVERYONE.

[Hearings on August 15, 2024.]

THE MEETING IS NOW CONVENED AT 3:40P.M.

I WOULD LIKE TO ASK THAT EVERYONE, PLEASE SILENCE YOUR CELL PHONES.

A QUORUM OF THE BOARD MEMBERS IS PRESENT IN THE BOARD AUDITORIUM AND THEY ARE FROM MY RIGHT OUR FIRST ORDER OF BUSINESS IS TO HEAR FROM SPEAKERS TO AGENDA ITEMS. TODAY NO ONE HAS REGISTERED TO SPEAK.

SO WE WILL GO FORWARD WITH THE HEARINGS THAT ARE SCHEDULED FOR TODAY.

OUR FIRST MATTER IS THE PROCEDURE TO CONSIDER THE RECOMMENDATION OF THE INDEPENDENT HEARING EXAMINER IN THE MATTER OF MARYCATE MEHTA.

THE PURPOSE OF THE MEETING IS TO CONSIDER THAT RECOMMENDATION OF MISS MEHTA, WHO IS A SCHOOL NURSE AT FONDREN MIDDLE SCHOOL.

HEARINGS INVOLVING COMPLAINTS AGAINST DISTRICT EMPLOYEES ARE TO BE HELD IN CLOSED SESSION, UNLESS THE EMPLOYEE WHO IS THE SUBJECT OF THE HEARING REQUESTS AN OPEN SESSION.

IF BOTH PARTIES REQUEST AN OPEN SESSION.

DURING THIS HEARING, THE BOARD MAY GO INTO CLOSED SESSION TO CONSULT WITH ITS ATTORNEY.

UNDER THE TERMS OF THE TEXAS GOVERNMENT CODE, SECTION 551.071.

IF ANY BOARD MEMBER WISHES TO SEEK THE ADVICE OF COUNSEL AT THIS TIME, LET THIS REQUEST BE KNOWN TO ME, PLEASE AND MR. TRITICO, I CAN SEE YOU HERE, SIR, WITH TRITICO RENE P, LLC, REPRESENTING MARYCATE MEHTA AND THEN PAUL LAMP.

MR. LAMP, HELLO.

WITH THE FIRM OF SPALDING NICHOLS LAMP LANGLOIS, WHO IS REPRESENTING THE ADMINISTRATION, ALONG WITH ERICA GRAHAM OF HISD.

AND I BELIEVE WE'RE GOING DIRECTLY INTO CLOSED SESSION AT THIS TIME.

SO THE BOARD WILL NOW RECESS TO CLOSED SESSION UNDER CHAPTER 551 OF TEXAS GOVERNMENT CODE OPEN MEETINGS ACT SUBSECTIONS 551.004 THROUGH 551.089 SHOULD BOARD, FINAL ACTION, VOTE OR DECISION ON ANY MATTER CONSIDERED IN THE CLOSED SESSION BE REQUIRED.

SUCH FINAL ACTION, VOTE OR DECISION SHALL BE TAKEN AT THE OPEN MEETING COVERED BY THIS NOTICE.

UPON THE RECONVENING OF THIS PUBLIC MEETING, OR AT A SUBSEQUENT PUBLIC MEETING OF THE BOARD, UPON NOTICE THEREOF.

THE BOARD HAS RECESSED CLOSED SESSION AT 3:42 P.M.

ON AUGUST 15TH.

READY? OKAY.

VERY GOOD. WE ARE RECONVENING IN OPEN SESSION AT 4:20 P.M.

IS THERE A MOTION COMING OUT OF CLOSED SESSION? OH. ROLL CALL.

AND MISS FLOWERS HAS JOINED US.

IS THERE A MOTION? BOARD PRESIDENT, I MOVE THAT THE BOARD VOTE TO APPROVE THE SEPARATION AGREEMENT AND FULL AND FINAL RELEASE FOR MARYCATE MEHTA.

AS DISCUSSED IN CLOSED SESSION, AFTER THE AGREEMENT IS FULLY EXECUTED, THE APPEAL FILED BY ATTORNEY CHRIS TRITICO TEA DOCKET NUMBER 041 LH 12 2023, WILL BE NON-SUITED AND DISMISSED.

CAN I HAVE A SECOND BY MISS MENDOZA? IS THERE ANY DISCUSSION? IF NOT, PLEASE VOTE.

MOTION PASSES.

SIX IN FAVOR, THREE ABSENT.

ANY OTHER MOTIONS FROM CLOSED SESSION? NO? OKAY.

THAT CONCLUDES THE HEARING.

ON THE MATTER OF MISS MEHTA.

THANK YOU VERY MUCH.

OUR NEXT HEARING IS ON THE MATTER OF DEONSHA THOMPSON.

COUNCIL. ARE WE READY? ALL SET. OKAY.

IS YOUR CLIENT HERE? MY CLIENT'S NOT HERE. OKAY.

YOUR CLIENT IS NOT COMING?

[00:05:12]

MR. BRADSHAW, DO YOU WANT TO GO AHEAD OR DO YOU WANT TO WAIT? DO YOU THINK IT'S GOING TO BE A BIT.

SHE SHOULD BE HERE ANY SECOND.

OKAY. NO WORRIES.

WE CAN GO AND GET STARTED.

SHE'LL BE RIGHT HERE. OKAY, GREAT AND, MR. FALLON, ARE YOU READY TO GO? I'M READY. OKAY. VERY GOOD.

THE PURPOSE OF THIS MEETING IS TO CONSIDER THE RECOMMENDATION OF THE INDEPENDENT HEARING EXAMINER IN THE MATTER OF DEONSHA.

IS IT DEONSHA? YES.

OKAY. THANK YOU.

I MEAN, I'LL TAKE IT FOR TONIGHT.

I'M KIDDING. DEONSHA THOMPSON TEACHER IN MIDDLE SCHOOL.

HEARINGS INVOLVING COMPLAINTS AGAINST DISTRICT EMPLOYEES ARE TO BE HELD IN CLOSED SESSION.

UNLESS THE EMPLOYEE WHO IS THE SUBJECT OF THE HEARING REQUESTS AN OPEN HEARING.

IF BOTH PARTIES REQUEST AN OPEN SESSION.

DURING THIS HEARING, THE BOARD MAY GO INTO CLOSED SESSION TO CONSULT WITH ITS ATTORNEY.

UNDER THE TERMS OF THE TEXAS GOVERNMENT CODE, SECTION 551.071.

IF ANY BOARD MEMBER WISHES TO SEEK THE ADVICE OF COUNSEL, PLEASE MAKE YOUR REQUEST KNOWN TO ME.

FOR THE RECORD, MR. JAMES FALLON, ATTORNEY AT LAW REPRESENTING DEONSHA THOMPSON, IS PRESENT, AND MILES BRADSHAW WITH BRADSHAW LAW REPRESENTING THE ADMINISTRATION, IS PRESENT.

CATOSHA WOODS HISD GENERAL COUNSEL IS ALSO PRESENT.

MR. FALLON, DO YOU WISH TO CONTINUE AN OPEN OR CLOSED SESSION, SIR? OPEN SESSION IS [INAUDIBLE].

OKAY. THANK YOU.

HI THERE AND ARE YOU THE PRINCIPAL OF COLLIN MIDDLE SCHOOL? [INAUDIBLE]. YES, MA'AM.

OKAY. ALL RIGHT.

SO WE'LL PROCEED IN OPEN SESSION.

THE ISSUES BEFORE THE SCHOOL BOARD ARE OR WHETHER TO ACCEPT, REJECT OR CHANGE THE INDEPENDENT HEARING EXAMINER'S FINDINGS OF FACT, CONCLUSIONS OF LAW AND PROPOSAL.

BASED ON THE REVIEW OF THE RECORD, WE MAY REJECT OR CHANGE A FINDING OF FACT IF, AFTER REVIEWING THE RECORD OF THE PROCEEDINGS BEFORE THE HEARING EXAMINER, WE FIND IT IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE.

IF WE REJECT THE INDEPENDENT HEARING EXAMINER'S RECOMMENDATION OR MAKE ANY CHANGES, WE MUST STATE THE REASON AND THE LEGAL BASIS IN WRITING.

MR. BRADSHAW, YOU WILL PROCEED FIRST.

YOU WILL BE ALLOWED TO MAKE A TEN MINUTE PRESENTATION TO THE BOARD, FOLLOWED BY A TEN MINUTE PRESENTATION BY MR. FALLON AND MR. BRADSHAW. YOU MAY RESERVE ANY PART OF YOUR TEN MINUTES FOR REBUTTAL MATTERS TO ANYTHING THAT MR. FALLON PRESENTS TO US THIS AFTERNOON.

BOTH SIDES SHALL BE AVAILABLE FOR QUESTIONS FROM THE BOARD AFTER THEIR RESPECTIVE PRESENTATIONS, AND AFTER DELIBERATION, THE BOARD WILL RENDER ITS DECISION.

IS THERE A QUESTION OR ANY QUESTIONS BY EITHER PARTY ABOUT HOW THIS WILL PROCEED? NO. OKAY.

MR. BRADSHAW, WOULD YOU LIKE TO DIVIDE YOUR TIME AHEAD OF TIME? I'LL DIVIDE IT EIGHT MINUTES AND TWO MINUTES.

YES, SIR. OKAY, MR. BRADSHAW. WHENEVER YOU'RE READY, YOU CAN BEGIN.

THANK YOU, MADAM PRESIDENT AND GOOD AFTERNOON, BOARD MEMBERS.

THIS CASE IS A PRETTY STRAIGHTFORWARD CASE.

IT'S A MID-YEAR TERMINATION OF A PROBATIONARY CONTRACT TEACHER, AND THE STANDARD IN THIS CASE IS GOOD CAUSE.

MISS THOMPSON WAS A WHAT WE CALL A BSC.

A BEHAVIORAL SUPPORT CENTER CO-TEACHER, ALONG WITH ANOTHER GENTLEMAN AND IN THAT CLASS, SHE WAS AT CULLEN MIDDLE SCHOOL AND IN THAT CLASS, OVER THE COURSE OF THE TIME SHE WAS THERE WERE NEVER MORE THAN SIX STUDENTS AND USUALLY ANYWHERE FROM 4 OR 5 WAS THE TYPICAL DAY. THE ONE THING TO KEEP IN MIND IS ALL OF THE CONDUCT THAT LANDED MISS THOMPSON HERE OCCURRED OVER ABOUT A TWO AND A HALF MONTH PERIOD AT THE BEGINNING OF THE SCHOOL YEAR.

SO FROM AUGUST 14TH, WHEN TEACHERS REPORTED FOR TRAINING THROUGH OCTOBER 25TH, WHEN SHE WAS REASSIGNED AWAY FROM THE CAMPUS BASED ON HER CONDUCT, THE BASIS FOR GOOD CAUSE AND THE HEARING EXAMINER MADE A VERY THOROUGH RECOMMENDATION, MADE NUMEROUS FINDINGS OF FACT

[00:10:06]

AGAINST MISS THOMPSON AND THE BASIS AND SUPPORT FOR GOOD CAUSE IN THIS CASE ARE FLAGRANT VIOLATIONS OF ATTENDANCE PROCEDURES AS WELL AS VIOLATION OF DIRECTIVES AND THEN FINALLY JUST FLAT OUT INSUBORDINATION, WHICH I'LL GET INTO IN MOMENTARILY.

FIRST OF ALL, AS TO THE ATTENDANCE PROCEDURES, IT WAS KIND OF A COMBINATION OF THINGS.

IT WASN'T SO MUCH THAT SHE WAS JUST ABSENT.

IT WAS A COMBINATION OF BEING ABSENT A FAIR NUMBER OF DAYS AND THEN BEING LATE CONSTANTLY.

IN FACT, PRIOR TO OCTOBER 9TH, AND THIS IS WE'RE 28 INSTRUCTIONAL DAYS INTO THE SCHOOL YEAR AT THIS POINT.

AND AT THAT POINT, OCTOBER 9TH, SHE ALREADY HAD SIX COMPLETE ABSENCES.

SHE HAD SIX LATE ARRIVALS THAT VARIED ANYWHERE FROM JUST 3 MINUTES TO 4 HOURS AND THEY WERE TYPICALLY ABOUT A HALF AN HOUR OR SO.

THERE WERE TWO INSTANCES WHERE SHE WAS UNACCOUNTED FOR.

NOBODY KNEW WHERE SHE WAS, AND HER INSTRUCTION WAS TAKING PLACE.

THANK GOODNESS SHE DID HAVE A CO-TEACHER.

SO IT WASN'T JUST OVERLY OBVIOUS.

THERE WASN'T NO ONE, YOU KNOW, SUPERVISING HER STUDENTS.

BUT NONETHELESS, BY OCTOBER 9TH, SHE HAD TWO INSTANCES OF BEING UNACCOUNTED FOR.

SHE FAILED TO REPORT FOR BUS DUTY, WHICH WAS ONE OF HER MANY DUTIES AFTER THAT OCCURRED AFTER SCHOOL AND THEN THIS WAS CONFIRMED IN TWO WAYS. ONE, IT WAS CONFIRMED BY THE SECURITY CAMERAS OF THE CAMPUS THAT ARE SENSOR OR, EXCUSE ME, MOTION SENSOR CAMERAS AND THE PRINCIPAL WHO ROUTINELY WOULD GO DOWN TO THE CLASSROOM AND NOT FIND MISS THOMPSON THERE.

FINALLY GOT THE SECURITY OFFICER TO GO THROUGH ALL THE VIDEO AND TRY TO FIND INSTANCES OF WHERE SHE WAS AND WHEN SHE WAS ARRIVING LATE.

WELL, JUST WHAT WAS GOING ON AND SO THAT WAS SOME OF THE EVIDENCE THAT SHOWED THAT SHE WAS ARRIVING LATE OR UNACCOUNTED FOR ENTIRELY, OR EVEN LEAVING EARLY. IN ADDITION TO THAT, THOUGH, YOU MAY RECALL AT THE BEGINNING OF THE SCHOOL YEAR THAT MR. MILES DID AWAY WITH THE SIGN IN SHEETS PROCESS FOR TEACHERS SAYING THEY'RE PROFESSIONALS.

THEY NEED THEY KNOW WHEN THEY'RE SUPPOSED TO BE AT WORK.

THEY NEED TO COME TO WORK STILL, OF COURSE, EXPECTING THEM TO BE THERE FROM 8:15 TO 445.

IN THIS CASE. SO THERE WASN'T A, YOU KNOW, A SIGN IN SIGN OUT SHEET THAT THAT SHOWED ALL THESE ABSENCES AND TARDIES AND JUST NOT BEING THERE.

SO WHAT THE PRINCIPAL, MISS JOSIAH BROWN, HAD TO DO WAS SHE HAD ADMINISTRATORS THAT WERE IN CHARGE OF INDIVIDUAL WINGS, AND THEY WERE TO CHECK IN AT EVERY CLASSROOM EVERY MORNING AND SO HER ASSISTANT PRINCIPAL DID THAT AND THAT WAS HOW IT WAS CONFIRMED, MISS SASHA GREEN NOTED AND SHE COULDN'T EVEN APPRAISE HER.

SHE WENT IN THERE, SHE SAID, FOUR TIMES, AND SHE WAS ONLY THERE ONCE TO APPRAISE HER.

IN ADDITION TO THAT, MISS BROWN, DURING THIS, AGAIN, TWO AND A HALF MONTH PERIOD, MISS BROWN TESTIFIED THAT SHE WENT IN THERE FROM SOMEWHERE BETWEEN 10 AND 20 TIMES JUST TO CHECK IN AND OR APPRAISE MAYBE SOMEONE ELSE WHO WAS IN THERE.

MISS THOMPSON WAS THERE ONLY THREE TIMES AND SO THERE WAS NO DOUBT THAT SHE WAS NOT WHERE SHE WAS SUPPOSED TO BE WHEN SHE WAS WRITTEN UP FOR THIS.

EVEN AFTER THAT, SHE HAD, I BELIEVE, FIVE MORE INSTANCES OF NOT BEING IN THE BSE CLASSROOM WHEN SHE WAS SUPPOSED TO AND SO THAT ACCOUNTED FOR THE VIOLATION OF THE DIRECTIVES. NOT ONLY THAT, ON THE VERY DAY THAT SHE WAS WRITTEN UP, SHE DIDN'T GO TO BUS DUTY AGAIN.

THAT WAS THE DAY SHE ARRIVED LATE IN THE MORNING.

SHE ALSO MISSED AT LEAST TWO OF WHAT WERE CALLED DEMO DAYS, WHICH OCCURRED EVERY THURSDAY IN THE AFTERNOON AFTER SCHOOL FOR AN HOUR, WHERE TEACHERS GOT TOGETHER WITH THEIR PLCS AND WORKED ON THINGS.

SHE ALSO FAILED TO ATTEND A MANDATORY TRAINING AND THEN NOT ONLY THAT, THINGS BEGAN TO GET WORSE WHERE SHE GOT JUST FLAT OUT INSUBORDINATE. HER HER APPRAISER, MISS GREEN, WANTED TO MEET WITH HER ONE DAY WENT INTO HER CLASSROOM AND MISS THOMPSON JUST SAID, AND I QUOTE NO, MISS GREEN, I'M NOT GOING TO MEET WITH YOU TODAY AND WALKED OUT OF THE CLASSROOM.

OF COURSE SHE WAS WRITTEN UP FOR THAT.

THE HEARING OFFICER FOUND HER TO BE COMBATIVE AND ARGUMENTATIVE.

I THINK THAT'S PUTTING IT MILDLY AND I WANT TO READ FROM TWO EMAILS WHERE SHE REALLY BECAME TERRIBLY INSUBORDINATE, IN MY OPINION, THERE IN FINDINGS 24 AND 25 AND IT WAS A REALLY MUNDANE THING WHERE HER SUPERVISOR HAD TOLD HER, HEY, I NEED YOU TO GO TO THIS TRAINING.

[00:15:06]

I WANT YOU TO GO AHEAD AND SIGN UP AND SEND ME PROOF THAT YOU SIGNED UP.

HER RESPONSE? WELL, HER FIRST RESPONSE WAS, I'D REALLY RATHER GO TO THIS TRAINING AND SHE GAVE SOME DETAILS ABOUT IT THE, EXCUSE ME? HER APPRAISER SAID, NO, WE NEED TO GO TO THIS ONE.

IT'S MANDATORY AND THEN IT TURNED.

THINGS TURNED SOUTH, AS SHOWN IN FINDING 24.

MISS THOMPSON SAID, AND I QUOTE, THAT TRAINING IS USELESS.

I WILL BE ATTENDING A USEFUL TRAINING, NOT ONE MEANT TO BE CONDESCENDING AS I AM FULLY CAPABLE OF DOING MY JOB.

THIS INTENTIONAL DISPLAY OF SUPERIORITY AND HIERARCHY WILL STOP IMMEDIATELY.

SO SHE'S BASICALLY TELLING HER SUPERVISOR, I'M NOT GOING TO DO WHAT YOU TELL ME, AND YOU NEED TO STOP TELLING ME WHAT TO DO.

WELL, THEN THE PRINCIPAL, MISS BROWN, JUMPED IN AND SENT AN EMAIL SAYING JUST VERY MATTER OF FACTLY, SIGN UP FOR THE TRAINING AND SEND US CONFIRMATION THAT YOU'VE DONE IT BY THE END OF THE DAY. WELL, FIRST OF ALL, THAT NEVER HAPPENED.

SHE NEVER SIGNED UP. SHE NEVER SENT CONFIRMATION, AND SHE RESPONDED TO MISS BROWN AND HER APPRAISER TO SAY THIS, THE DUTIES EXPECTED OF ME FROM YOU ARE THOSE THAT ARE YOUR ATTEMPT TO REDUCE MY INTELLECT AS WELL AS MY SKILL.

THIS COURSE IS TO FURTHER THAT PLOY, AND FRANKLY, I HAVE MAXED OUT WITH GRACE TO EXTEND IN CONTINUING TO ALLOW YOUR DEGRADATION AND TYRANNOUS ASSERTION OF YOUR POSITION IN A WAY THAT IS OUTSIDE THE SCOPE OF PROFESSIONALISM.

I ASK THAT YOU CEASE YOUR ATTEMPTS IN STUDYING MY GROWTH.

ANOTHER INSUBORDINATE EMAIL BACK TO HER PRINCIPAL.

SO THIS ADDED UP TO GOOD CAUSE.

IN THIS CASE, THE HEARING OFFICER FOUND THREE DIFFERENT REASONS UNDER POLICY VH LOCAL THAT WAS VIOLATED ONE.

ATTENDANCE PROCEDURES TWO FAILURE TO SATISFACTORILY COMPLETE HER DUTIES THREE.

THANK YOU, MR. FALLON. BOARD PRESIDENT, MEMBERS OF THE BOARD AND COUNCIL.

THANK YOU FOR HAVING ME HERE TODAY.

TO ADDRESS THIS, I'M REPRESENTING MISS THOMPSON.

I'M JAMES FALLON, AS YOU ALL KNOW, AND THIS IS A CHAPTER 21 HEARING.

IT'S A LITTLE UNUSUAL, RIGHT? AND NORMALLY WE DON'T HAVE CHAPTER 21 HEARINGS OVER PROBATIONARY CONTRACT TEACHERS.

BUT IN THIS CASE, IN THE MIDDLE OF THE CONTRACT, THEY WENT TO BREAK THE CONTRACT.

IN OTHER WORDS, THEY WENT TO SEVER THE CONTRACT ENTITLING US TO THIS CHAPTER 21 HEARING AND SO THAT'S HOW WE ARRIVE HERE TODAY.

BUT, MISS THOMPSON, MY CLIENT IS NOT A BRAND NEW TEACHER AND SO I YOU KNOW, WHEN YOU HEAR THE ALLEGATIONS AND THE WAY THEY ARE RECITED, PARTICULARLY IN A FINDING OF FACT, I THINK THERE'S SOME TIMES CONTEXT MISSING AND I THINK THAT THIS IS AN IMPORTANT CASE AND THAT'S WHY WE'RE HERE.

MANY, CASES SETTLE.

MANY, TIMES PEOPLE COME IN AND THEY SAY, MR. FALLON, I WAS ABSENT A BUNCH OR I DID MISS THIS DAY OR THIS DID OCCUR AND I WAS WRONG.

BUT SOMETIMES, LIKE IN THIS CASE, MISS THOMPSON'S CASE, THE DECISION OF THE CLIENT IS I KNOW THAT THERE ARE SOME THINGS IN HERE AND THERE'S RISK TO MY CAREER, BUT I WANT THE SCHOOL BOARD TO KNOW.

I APOLOGIZE FOR HER NOT BEING HERE TODAY.

SHE WAS VERY UPSET WHEN I SPOKE TO HER LAST ABOUT THE EVENTS, BUT IT WAS VERY IMPORTANT TO HER THAT HER VOICE BE HEARD.

AND SO YES, THE JUDGE ISSUED FINDINGS AGAINST US AND AS MR. BRADSHAW SAID, FAILURE TO FOLLOW THE ATTENDANCE PROCEDURES BY ARRIVING LATE, LEAVING EARLY, AND NOT BEING PRESENT ON ASSIGNED DUTIES, THAT WAS A FINDING A FAILURE TO COMPLETE DUTIES IN FAILING TO REGULARLY AND CONSISTENTLY ATTEND HER ASSIGNMENT IN THE BSC AND FAILING TO FOLLOW THE DIRECTIVES OF SUPERVISORS, QUOTE, INSUBORDINATION.

THE HEARING OFFICER DIDN'T FIND THAT SHE WAS FLAGRANTLY DOING ANYTHING THAT WAS NOT THE WORDS OF THE HEARING OFFICER.

IN FACT, THE HEARING OFFICER WAS INVITED IN HER FINDINGS TO FIND THAT MISS THOMPSON HAD PROBLEMS IN DEALING WITH HER COWORKERS. AN INVITATION TO THE HEARING OFFICER DECLINED.

THERE WASN'T A FINDING ABOUT THAT IN HERE AND SO.

YEAH. I THINK YOU HAVE TO UNDERSTAND HER STORY.

SO MISS THOMPSON WAS HIRED TO BE A SPECIAL EDUCATION TEACHER DURING LATE JULY OF LAST YEAR, 2023 AND SO WHEN SHE WAS HIRED FOR CULLEN MIDDLE SCHOOL, IT WAS A GOOD HIRE.

I THINK IT WAS A GOOD HIRE FOR HER, BUT A GOOD HIRE FOR CULLEN BECAUSE MISS THOMPSON, SHE'D BEEN IN EDUCATION FOR 13 YEARS.

SHE'D BEEN A SPECIAL EDUCATION CERTIFIED FOR THE LAST EIGHT YEARS, AND SHE PREVIOUSLY HAD WORKED AT KIPP ACADEMY, ALVIN ISD AND ALSO HISD.

AT THE VERY BEGINNING OF HER CAREER, MISS THOMPSON WORKED AT CULLEN MIDDLE SCHOOL RIGHT AT THE BEGINNING WHEN SHE WAS A TEACHING ASSISTANT, AND SO AND AS STATED IN THE HEARING,

[00:20:04]

SHE HAD A SPECIAL AFFINITY FOR HELPING THE UNDERSERVED STUDENTS IN HISD.

SHE WANTED TO WORK BACK AT HER FORMER WORK LOCATION SO SHE COULD HELP STUDENTS.

WITH ALL THIS KNOWLEDGE, SHE HAD ACQUIRED THE CERTIFICATION SHE'D ACQUIRED SINCE SHE HAD BEEN THERE LAST AND SO SHE GETS HIRED, RIGHT? IT WAS I THINK IT WAS A GOOD FIT.

SO 3 TO 5 DAYS LATER, SHE WAS APPROACHED BY THE PRINCIPAL AND SAID, HEY, YOU WANT TO BE THE DEPARTMENT? THE SPED DEPARTMENT CHAIR? DO YOU WANT TO BE THAT FOR MIDDLE SCHOOL? ARE YOU UP TO THE CHALLENGE? I THINK WAS THE TESTIMONY AND HAVING NOT DONE THAT BEFORE, BUT HAVING BEEN IN SPED.

MISS THOMPSON SAID, YEAH, I'M UP TO THE CHALLENGE.

I'LL DO IT. YOU KNOW, I WOULD LOVE TO HELP.

I WANT TO HELP AND SO THE, YOU KNOW, YOU'VE GOT THESE VIOLATIONS THAT WE'VE HEARD ABOUT A MINUTE AGO ABOUT NOT PRESENT AND INSUBORDINATE CONDUCT AND WORDS, BUT YOU'VE GOT TO KNOW WHAT CAME BEFORE IT.

SO SHE WAS GIVEN A JOB AS A SPED TEACHER.

SHE WAS ALMOST IMMEDIATELY GIVEN AN OPPORTUNITY TO DO SOMETHING MUCH MORE THAN JUST BE A SPED TEACHER, MUCH MORE WORK INVOLVED IN DOING THAT JOB AND SHE IMMEDIATELY SAID, YES, I WILL HELP OUT WITH THAT.

SO WHEN SHE STARTED IN ON HER JOB, HER TESTIMONY WAS I IMMEDIATELY FOUND PROBLEMS WITH COMPLIANCE.

I IMMEDIATELY STARTED STRUGGLING TO UNDERSTAND HOW WE WERE DOING RIGHT BY THESE KIDS, AND STARTED TO TALK ABOUT IT AND TRY TO GET HELP TO GET THE SPED DEPARTMENT THAT SHE INHERITED.

SHE DIDN'T HAVE IT THE PREVIOUS YEAR TO GET THAT DEPARTMENT IN ORDER, RIGHT? THEY WERE OUT OF COMPLIANCE. HOW DO WE GET IN COMPLIANCE? THAT LASTED UNTIL ABOUT SEPTEMBER 15TH.

THAT'S HOW QUICK HER JOURNEY IN THE DEPARTMENT CHAIR POSITION LASTED, AND IT WAS FRAUGHT WITH TENSION, ACCORDING TO HER TESTIMONY THAT SHE FELT WHEN SHE WOULD MAKE COMPLAINTS OR ADVOCATE ABOUT THE NONCOMPLIANCE ISSUES THAT SHE WAS TRYING TO FIX, THAT SHE WASN'T GETTING SUPPORT, AND SHE FELT BULLIED IN HER EFFORTS TO GET INTO COMPLIANCE AND ULTIMATELY SHE WAS TAKEN OUT OF THAT POSITION.

RIGHT AND SO SHE WAS PUT IN THE BSC.

RIGHT AND YOU'RE GOING TO SEE THIS IN THIS CASE AND MAYBE IN OTHER CASES, I KNOW YOU WILL, BECAUSE I'VE SEEN THIS MANY YEARS THAT THE BSC IS THE BEHAVIOR SUPPORT CENTER, RIGHT. SO EVERY SCHOOL THAT'S WHERE KIDS GET IN TROUBLE GO.

SO AND THERE'S TEACHERS, FINE TEACHERS WHO'VE HAD A WHOLE CAREER IN THE BSC.

BEHAVIOR ADJUSTMENT CLASSES.

BEHAVIOR ADJUSTMENT SCHOOLS.

BUT YOU WILL SEE A VERY A SMALL SUBPOPULATION OF PEOPLE, TEACHERS THAT GET CROSSWISE WITH THEIR ADMINISTRATION, THEY GET SENT TO THE BSC.

I DON'T THINK THAT'S A MISTAKE.

IN THIS CASE.

IT WAS NO MISTAKE.

IT'S A WAY THAT THE ADMINISTRATION CAN SAY, I'M PUTTING YOU IN WITH THE BAD KIDS.

NOT THAT THERE'S ANYTHING WRONG WITH THOSE BAD KIDS, BUT LET'S NOT MISS THE SIGNIFICANCE OF THIS.

SO SHE ENDS UP OVER IN THE BSC.

SHE'S, WHAT'S SHE DOING OVER THERE? SPED SUPPORT WHERE SHE GOES INTO THE CLASSROOM AND HELPS THE LEARNING AND THE ONE ON ONE WAY.

RIGHT AND SO SHE WAS FINE.

RIGHT AS THAT'S HAPPENING.

BUT I WOULD SAY THAT HER TESTIMONY WAS REALLY CLEAR ABOUT WHEN THINGS KIND OF WENT A CERTAIN WAY WITH HER.

SHE HAD A SUPERVISOR, MRS. ELLIS, THAT SHE MET WITH A PERSON SHE ULTIMATELY FILED A COMPLAINT ABOUT BECAUSE THERE WAS A SPECIFIC MEETING WHERE THE SUPERVISOR MET WITH HER AND WAS TALKING TO HER ABOUT HER PERFORMANCE IN A CRITICAL WAY.

BEFORE THIS IS BEFORE THE WATER GOT HOT ON THE CAMPUS WITH HER.

BEFORE SHE'D BEEN HAVING THESE PROBLEMS, BEFORE ANYBODY WAS THREATENING HER WITH ANYTHING AND IN THAT MEETING, THIS PARTICULAR ADMINISTRATOR WAS CRITICAL AND AGGRESSIVE WITH HER.

IT'S NOT THE KIND OF MEETING WHERE YOU'D WANT TO TOUCH THE EMPLOYEE.

SO MISS THOMPSON STATED IN HER TESTIMONY AND THEN FILED A COMPLAINT AT THE TIME THAT IN THE MEETING, IN THIS AGGRESSIVE MEETING, THE THE ADMINISTRATOR, MRS. ELLIS, TOUCHED HER ON THE SHOULDER, PUT HER HANDS ON HER RIGHT.

AN ASSAULT.

NOT THE BIGGEST ASSAULT, BUT AN ASSAULT, SOMETHING FOR WHICH SHE FOLLOWED UP WITH A COMPLAINT.

SO MRS. THOMPSON'S TESTIMONY WAS THAT'S WHEN THINGS CHANGED FOR HER.

THERE WERE TIMES WHEN SHE WAS GONE FROM SCHOOL.

SHE TALKS ABOUT BEING TAKING CARE OF HER CHILDREN, TALKED ABOUT HER OWN MEDICAL ISSUES, TALK ABOUT FAMILY MEMBERS.

BUT SHE WAS IN COMMUNICATION.

HER TESTIMONY WAS IF I HAD SOMETHING WHERE I HAD TO GO, I WAS TEXTING MY ADMINISTRATOR OR I WAS USING ONE SOURCE.

I WAS IN CONSTANT COMMUNICATION WITH THEM ABOUT THESE ISSUES, BUT AND YET IT LED TO ALL THESE ALLEGATIONS.

SO SHE FELT LIKE SHE WAS BEING PUT UNDER A SPOTLIGHT AND THE RELATIONSHIP WENT SOUTH PRETTY QUICKLY.

RIGHT. IF WE'RE TALKING FROM AUGUST 15TH TO THE BEGINNING OF SCHOOL, SHE WAS HIRED IN LATE JULY AND THEN SHE FROM AUGUST 15TH UNTIL SEPTEMBER 15TH, SHE WAS IN ONE POSITION. SEPTEMBER 15TH TO OCTOBER 25TH, SHE WAS REMOVED FROM THE CAMPUS.

THAT'S HOW QUICK THIS OCCURRED.

SO I AND THAT'S WHEN YOU GET INTO THE ISSUES THAT WERE PRESENTED BEFORE YOU.

I JUST THINK THAT IT'S IMPORTANT FOR THE BOARD TO UNDERSTAND THAT, YOU KNOW, IF YOU GO INTO A SYSTEM AND THE GOAL, THE GOAL, THE SUPERINTENDENT, THE BOARD OF MANAGERS IS ONE PART OF THAT IS TO FIX THE SPED NONCOMPLIANCE.

[00:25:03]

IT'S A STICKY AREA, RIGHT? IF YOU WALK INTO THAT AND YOU FIND NONCOMPLIANCE AS AN EMPLOYEE AND YOU TELL PEOPLE ABOUT IT, AND THEN ALL OF A SUDDEN, EVERYTHING YOU DO IS WRONG.

ALL OF A SUDDEN YOU CAN'T HAVE NORMAL CONVERSATIONS.

EVERYTHING YOU SAY GETS TURNED AGAINST YOU, AND THEY WRITE THEIR MEMOS BECAUSE THAT'S THEIR JOB, TO SIT THERE AND WRITE THESE MEMOS.

THE BOARD NEEDS TO KNOW THAT PEOPLE, WHEN THEY FILE COMPLAINTS, NEED SOME KIND OF A SAFE HAVEN.

SHE WASN'T ON THE CAMPUS THAT LONG, BUT YOU'D THINK THAT SHE WAS A CRIMINAL BY ALL OF THESE.

YOU KNOW, IT'S THINGS LIKE THE DEMO DAYS, RIGHT? DEMO DAYS IS SOMETHING THAT THE TESTIMONY WAS REALLY CLEAR ABOUT.

SHE DIDN'T UNDERSTAND IN HER ROLE THAT SHE WAS SUPPOSED TO DO DEMO DAYS.

SHE TESTIFIED.

THEY HAD A CONVERSATION WITH ME, EXPLAINED TO ME, I'M SUPPOSED TO GO DO THIS AND SHE WENT TO DEMO DAYS THEREAFTER.

END OF ISSUE.

THE BUS DUTY. THE BUS DUTY INCIDENT WAS ONE WHERE SHE WAS PUT ON BUS DUTY WITH A PERSON WHO THERE WAS A CONFLICT WITH WHERE SHE HAD COMPLAINED ABOUT.

SO SHE DIDN'T GO TO BUS DUTY, BUT SHE EXPLAINED THAT THERE WAS CONFLICT BETWEEN HER AND THIS PERSON AND THAT'S WHY I MISSED THE BUS DUTY.

SO THERE'S THESE SMALL THINGS THAT THEY ADD UP, AND THEY SHINE A LIGHT ON THEM IN SUCH A WAY TO WHERE THERE'S NO CONTEXT, BUT PEOPLE JUST ACT LIKE THAT FOR NO REASON, PARTICULARLY PEOPLE THAT COME TO THE DISTRICT WITH A PURPOSE TO TRY TO HELP UNDERSERVED COMMUNITIES.

SO I WOULD ASK THE BOARD TO NOT ACCEPT AND IN FACT, TO REJECT THE HEARING OFFICER'S ULTIMATE RESOLUTION IN THE CASE TO TERMINATE THIS TEACHER.

THANK YOU. THANK YOU FOR YOUR PRESENTATION, MR. BRADSHAW. THE ONE WORD THAT YOU HEARD A LOT FROM THE TEACHER SIDE OF THINGS AND THAT CERTAINLY WAS PRESENT IN THIS CASE IN MANY DIFFERENT FACETS AND THAT'S THE WORD CONFLICT.

IT SEEMED EVERYWHERE MISS THOMPSON WENT, THERE WAS CONFLICT AND QUITE FRANKLY AND YOU CAN, IF YOU READ THE TRANSCRIPT, YOU'D UNDERSTAND.

IT MOSTLY AROSE FROM HER AND HER PERSONALITY AND THE WAY SHE TREATED PEOPLE AND THE WAY SHE DISRESPECTED THEM AND THE WAY SHE WAS COMBATIVE, AND ARGUMENTATIVE, JUST AS A HEARING OFFICER FOUND JUST A COUPLE THINGS IN RESPONSE TO SOME OF THE TESTIMONY WITH REGARD TO CONFLICT, WE HAD ONE OF HER COLLEAGUES COME IN, ONE OF THE SWEETEST.

I WISH SHE COULD HAVE BEEN HERE TODAY.

MISS LATOYA PERRY, SHE WAS ONE OF THE CO-TEACHERS OR.

EXCUSE ME, COLLEAGUES AND SPECIAL ED CHAIR CAME IN AND TESTIFIED THAT SHE WAS SIMPLY TRYING TO DO HER JOB GOING INTO HER CLASSROOM, AND SHE WOULDN'T MEET WITH HER.

SHE SAID, YOU KNOW, I THINK HER WORDS WERE, GET OUT OF HERE.

MISS PERRY, LEAVE ME ALONE.

MISS PERRY AND SO THAT WAS MORE CONFLICT THAT WAS PRESENT.

THE THING WITH MISS ELLIS.

MISS ELLIS WAS HER ORIGINAL APPRAISER AND WHEN THIS ALLEGATION OF ASSAULT CAME UP, WHICH, BY THE WAY, WAS NEVER FOUND BY ANYBODY, EVEN THOUGH IT WAS REPORTED THAT HISD POLICE, THE I THINK THE HPD, THEY DIDN'T EVEN THEY WOULDN'T EVEN FILE CHARGES ON IT.

ANYWAY, THE PRINCIPAL TOOK THE TOOK THE HIGH ROAD ON THAT ONE AND WENT AHEAD AND JUST REASSIGNED A NEW APPRAISER AND THAT WAS MISS SASHA GREEN, WHO YOU KNOW WHO? SHE IMMEDIATELY HAD CONFLICT WITH HER AS WELL.

BUT MISS SASHA GREEN HUNG IN THERE AND WROTE THE MEMO.

SHE HAD TO WRITE AND KEPT UP WITH THINGS AND AGAIN, THIS TOOK TWO AND A HALF MONTHS, AND THE WRITING WAS ON THE WALL, FRANKLY, A LOT SOONER THAN THAT AND SO WE JUST ASK THAT YOU THANK YOU.

ARE THERE ANY QUESTIONS FROM FOR MY COLLEAGUES? QUESTIONS? OKAY. THE PARTIES HAVE COMPLETED THEIR PRESENTATIONS, AND IT IS NOW TIME FOR THE BOARD MEMBERS TO MAKE OUR DECISION ON THE ISSUES BEFORE US.

WE MUST EITHER ADOPT THE FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION OF THE HEARING EXAMINER, OR REJECT OR CHANGE THE HEARING EXAMINER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND PROPOSE A GRANT OF RELIEF.

IF WE FIND THAT SUBSTANTIAL EVIDENCE DOES NOT SUPPORT A FINDING OF FACT.

THE FINDING MAY BE REJECTED OR CHANGED BASED ON THE RECORD AND EXHIBITS PRESENTED BEFORE THE HEARING EXAMINER.

FURTHERMORE, SHOULD WE DETERMINE THAT THE HEARING EXAMINER DID NOT CORRECTLY INTERPRET THE APPLICABLE HISD BOARD POLICIES OR ADMINISTRATIVE PROCEDURES AND OR STATE AND OR FEDERAL LAW, WE MAY REJECT OR CHANGE THE HEARING EXAMINER'S CONCLUSIONS OF LAW.

A CONCLUSION OF LAW MAY ALSO BE CHANGED OR REJECTED.

IF A FINDING OF FACT THAT SUPPORTS THE CONCLUSION OF LAW HAS BEEN FOUND BY US TO NOT BE SUPPORTED BY SUBSTANTIAL EVIDENCE.

WE MUST STATE IN WRITING THE SPECIFIC REASON AND LEGAL BASIS FOR ANY CHANGE OR REJECTION, AND ANY ACTION WE TAKE MUST BE SUPPORTED BY THE RECORD

[00:30:01]

PRESENTED TO THE INDEPENDENT HEARING EXAMINER.

IS THERE ANY DISCUSSION BY MY FELLOW BOARD MEMBERS TO ANY OF MY FELLOW BOARD MEMBERS FEEL THE NEED TO GO INTO THE CONFERENCE ROOM FOR FURTHER DISCUSSION? GOOD. OKAY.

DO I HAVE A MOTION? YES, MADAM PRESIDENT.

I MOVE THAT WE ADOPT THE DECISION AND RECOMMENDATION OF THE INDEPENDENT HEARING EXAMINER, ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW RECOMMENDED BY THE INDEPENDENT HEARING EXAMINER AND TERMINATE DEONSHA THOMPSON'S EMPLOYMENT WITH THE DISTRICT, EFFECTIVE IMMEDIATELY.

A MOTION BY MR. MARTINEZ AND A SECOND BY MISS LINDNER.

IS THERE ANY FURTHER DISCUSSION? SEEING NONE. PLEASE VOTE.

VOTING IS CLOSED.

SIX IN FAVOR, THREE ABSENT ON THE MOTION TO ADOPT THE DECISION AND RECOMMENDATION OF THE INDEPENDENT HEARING EXAMINER.

ADOPT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW RECOMMENDED BY THE INDEPENDENT HEARING EXAMINER AND TERMINATE DEONSHA THOMPSON EMPLOYMENT WITH THE DISTRICT, EFFECTIVE IMMEDIATELY. A LETTER NOTIFYING BOTH PARTIES OF THE ACTION OF THE BOARD SHALL BE PREPARED AND SIGNED BY THE MANAGER OF BOARD SERVICES AS SOON AS POSSIBLE.

THIS HEARING IS CONCLUDED AT 4:49 P.M.

AND THERE BEING NO FURTHER BUSINESS DURING THIS HEARING, THE HEARING IS ADJOURNED AT 4:50 P.M.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.