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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 14 4:31 PM-23CV002179
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COLUMBUS CITY
SCHOOLS BOARD
OF E) DUCATION
IN THE MATTER OF
TERMINATION OF TH
E
CONTRACT OF
SUMMER ANTHONY
REPORT AND
RECOMMENDATION OF
REFEREE JAMES M, DI
ETZ
— ee Ce ne
I PROCEDURAL HISTOR
Y
At its regular public meeting
on October 4, 2022. , the Boa
Columbus Ci ity School Dis rd of Education of the
trict, Col umbus, Ohio (“Board”) voted to con
teacher Summer Anthony’s sider the termination of
(hereinafter “Ms. Anthony”)
specifically, the Board all employment contract, Mor
eged that Ms. Anthony: e
1 On September 15, 2022, at
approximately 8:28 a.m., dur
document related to Anthon ing a meeting to discuss a
y’s evaluation, Antk nony
principal in a hostile, threateni engaged her building
ng, and disrespe ctful manner.
The building principal became
concerned for her personal safe
she could be physically assaulted ty and believed that
. The building principal immediate
her supervisor and reported her ly contacted
concer ‘0 for her personal safety and the
that occurred with Anthony. incident
Also on September 15, 2022 » at approx
imately 10:15 am. Anthony returned
building principal’s office a ind again appr to the
oached the building principal in a
disrespectful and confrontati ional mann
er. ‘The building principal again contacted
her supervisor and expresses d concerns for
her personal safety,
On September 16, 2022 at approximately 8:15
a.m. Anthony reported to her
alternative work assignment and again presente
d in a confrontational, threatening
and disrespectful manner.
Summer Anthony has previously received the
following discipline: on January 11,
2022, she received a Written Reprimand for failur
e to meet job responsibilities
and for inappropriate, unprofessional, and insub
ordin: ate
behavior; On September
16, 2 022 she received a second Written Reprimand
for failure to meet job
responsibilities and for inappropriate, unpro
fessional, and insubordinate behavior,
EXHIBIT A
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At the same
time, th he Bo: ard
Tegarding her Pr suspended Ms.
oposed terr minati Anthoy ny pending
on, final Board action
Ms. Anthony tim ely
delivered her writ
ten d emand for a
hearing befor © a
The Board timely referee.
d clivered its noticece of
forth a hearin, Setting of hearin ig
ig, Subje Ct to the appoin to Ms. Anthony whic
tm, ent and availa h s et
bility ofg 1 eferee,
The Board’s Treasure
r sent a reque; st to the
requesting that a list Superintendent °. f Pu
of potential referees blic Instruction,
bi e designated,
The
State of Ohio Depa ri
ment of Education d
the parties, After an elivered a list of th ree
inability to ag Tee on potential referees to
Instruction selected the a pos si dle referee, th ¢ Interi
a
under: ‘signed to serve ag m Su pe rintendent of Public
referee, Ms, A; nthony requested
a public hearin,
The hearing was conduc
ted pursuant to and in acc
Parties stipulated that the ord, ance with O.R.C. § 3319.1
selection of the Refer 6. The
ee under Ohio Revis: ed Cod
and 3 319.161 was procedura e Sections 3319.16
lly proper and that tke hear
initiated. The parties mutual ing w; ‘as pro ced ura lly and properly
ly waived the statutory thirty
scheduling requirements with -day tim eli ne and the notice and
respect to the hearing
The hearing commenced by agr
eement on D ecember 6, 2022 and
7 , 2022, and on December 13, 2022 continued on Decem ser
and on Decemnl ber 14, 2022 when the test
was concluded. Present on behalf of imonial evidence
the Board at the hearing was Wanda Lillis, attorney.
Present on behalf of, and with, Ms. Anth
ony were Jac lyn R. Tipton and Lathan J. Lipp
erman,
attorneys.
The Board called as witnesses: John Dean, Keisha Fletch
er-Bates, Randa Hutcherson,
Luther Johnson, Zachary Duberstein and Machelle Kline. Then
the Board rested its case. Ms.
Anthony testified and called as witnesses Sherri Kposowa, Mel Stewart
, Rondel Davis, Aisha
Powell and Victoria McDonald. No witness(s) were called on rebuttal. The
Board also
introduced 32 exhibits. Ms. Anthony introduced 39 exhibits. The parties agreed to submit
closing briefs, with a simultaneous exchange on Jenuary 31, 2023. At that time, the hearing was
considered terminated.
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I FINDINGS OF FACT
Ms. Anthony began teaching with Columbus City
Schools (“District ”Yin August 2001,
Ms. Anthony then served as a leadership intern
and as a principal.
Ms. Anthony was given a one-year administrator (princ
ipal) contract for the 2019/2020
school year because of a previously im) plemented
improvement plan, which was continued for
the 2019/2020 school year. (According to Ms. Anthony,
the professional improvement plan was
a tool for retaliation for a reported sexual harassment. H
owever, her reported sexual harassment
has not yet even occurred),
At the end of January 2020, Ms. Anthony’s building
went on lockdown due to a teacher
becoming very aggressive. This teacher had previously
that school year, allegedly sexually
harassed Ms. Anthony. U ltimately, the police were
contacted, cam ne to the building, and the
teacher left the building.
On March 6, 2020, Ms. Anthony was admitted to the Colum
bus Springs Dublin Med:cal
Facility. In her initial psychiatric evaluation, it
was noted...
Patient reported multiple stressors and main stressors
being work. Also, her
daughter who is 16 years old attempted suicide by
overdose in September 2019,
Patient worries about her daughter. Also patient is curre
ntly in school in a
doctorate program.. .. Patient seems to minimize
her symptoms, minimizing
suicidality, and very concerned and preoccupied
with discharge, resistant to
engage in treatment or in therapy on unit and also
lacks insight about current
situation and current presentation. She was initia
lly diagnosed with: major
depressive disorder, recurrent, severe; unspecified
anxiety disorder; right fl ank.
pain; history of kidney stones, asthma, eczema,
Ms. Anthony was discharged on March 11, 2020. Her
primary discharge diagnosis was
unspecifie d bipolar and related disorder with unspecified anxiet
y disorder. Her prognosis was
fair to good, depending on the patient’s willingness
to remain tre atment compliant. (Ms. Anthony
claims her health was worse on discharge than initia
lly upon her admission; yet, if that was the
case, she would not have been discharged. She
did not authorize release of her medical
information with respect to her hospitalization.)
Ms. Anthony’s principal contract was nonrenew
ed at the end of the 2019/2020 school
year.
Ms. Anthony returned to the classroom as a teach
er for the 2020-2021 school year,
During that year, she served as a second grade teach
er at Trevitt Elementary school with Dr.
Keisha Fletcher-Bates serving as her principal. She
had 10 or fewer students.
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On October 16, 2020 Principal Bates and Ms. Anthony discussed Ms. Anthony’s tone as
used in her emails and Ms. Anthony was advised, among other things, not to correspond when
she was angry.
Ms. Anthony in an October 23, 2020 email, sent to the leadership intern and copied to the
Director of Employment Relations, Chief of Human Resources, and the Director of Leadership
Interns, references her multiple medical issues including severe asthma, allergies, chronic
sinusitis, ongoing kidney stones, HS disease, eczema, deafness in my right ear, chronic ear
infections poor vision in my left eye and a visual blind spot in my right eye. In the email Ms.
Anthony further states that she has never asked for any accommodation on any of these medic
issues. Ms. Anthony received a reply to her email on October 26. (Ms. Anthony first submitted a
request to accommodations with Physicians’ statements in November 2021. There is no
indication that Ms. Anthony was seeing a psychiatrist or a counselor at this time.)
On November 4, 2020, Ms. Anthony filed a grievance against Principal Keisha Fletcher-
Bates regarding an alleged incident on September 11, 2020. The grievance was denied. On
December 9, 2020, Ms. Anthony then filed an unfair labor practice charge. On April 1, 2021, the
unfair labor practice charge was dismissed by the State Employment Relations Board.
On November 10, 2020 Principal Keisha Fletcher-Bates participated in a Summary of
Conference with Ms. Anthony.
A Summary of Conference letter was issued on November 17, 2020. The Summary of
Conference communication discusses (1) unsubstantiated statements by Ms. Anthony; (2)
references emails inappropriately escalating situations by including higher-up administrators
before allowing concerns to be addressed at the building level; (3) not accepting the response
provided, instead calling the response ‘misinformation.’ Ms. Anthony was advised by her
Principal to calm down prior to responding or writing emails; do not write when angry or
frustrated; ensure the tone and content of her emails are professionally proposed and demonstrate
professionalism; and allow building leadership to respond before escalating with correspondence
beyond the building level.
An Employee Misconduct Form was filed on February 25, 2021. The referenced
misconduct includes multiple examples of failing to meet job responsibilities, and insubordinate,
inappropriate, disrespectful communications with parents and staff, among other items.
In April 2021, Ms. Anthony applied for FLMA leave. It was reported by her medical
provider that:
Ms. Anthony was (1) unable to perform: focusing, planning, record keeping,
communication, managing classroom. Under additional information, the medical provider
indicated: (2) this client is under severe stress for several reasons: her principal’s contract
was nonrenewed last year which resulted in an unplanned return to the classroom. She is
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a single mother of two teenage daughters, one of whom attempted suicide in 2019. She
recently learned that her father may have lung cancer. She is (or was anyway ) pursuing
a PhD. She has health issues, specifically chronic ear infections and serious kidney stone
issues; this has resulted in at least four surgeries to relieve the situation. She reports
gaining 20 pounds in the past year. Finally, she is dealing with the pressures of the
pandemic, as we all are. Taken together, the stressors put an extreme load of pressure on
her. Diagnosis: adjustment disorder with anxiety and depression; AD/HD, combined type
by history: problems related to employment; panic attacks.
FMLA leave was approved through the end of the 2020-2021 school year.
For the 2021-2022 school year, Ms. Anthony was assigned to Linden STEM Academy as
a 5th grade teacher. She had approximately 20 students in her homeroom; she saw approximately
60 students a day. Her principal was Randa Hutcherson. Ms. Anthony taught English and
reading. There were two other fifth grade teachers, Mrs. Smith and Ms. Deas.
Ms Anthony sent an email on August 17, 2021 regarding fourth-quarter grades for her
students for the previous school year during which time Ms. Anthony was on FMLA leave. ‘The
email was sent to Board Members among other administrators, despite being advised/counseled
not to escalate to Board members and higher administrators, at least until her immediate
supervisor/building level could respond.
In August 2021, Ms. Anthony filed a legal action against Columbus City Schools in U. S.
District Court with claims based upon Title VII violation, retaliation and intentional infliction of
emotional distress.
Ms. Anthony sent several emails in August 2021 to Principal Hutcherson using Principal
Hutcherson’s Ashland University email address other than Principal Hutcherson’s Columbus
City Schools email, despite being informed by her Principal not to use emails other than
Columbus City Schools email.
Ms. Anthony sent an email on September 9, 2021 1:07 am. in which she stated...
With time off on FMLA last year and the summer break, I thought | was doing better.
Yet, returning to the district was not what I expected to do. I expected to be hired
somewhere else and have an opportunity to heal. That didn’t happen. The closer the
school year came, the more anxious I became.... | will do whatever the district needs me
to do as it pertains to documentation, lesson planning, and compliance. I will be
completely subordinate in any directives given and want to be a team player at Linden.
Please let me know if you need anything from me. It is my full intent to return this
morning.
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On September 10, 2021 one day sending the email referenced above, Ms, Anthony and
Principal Hutcherson had the following email exchange:
«it has been brought to my attention that you did not show up for recess duty today.
Please share why you did not show up for duty and/or ask for coverage if there was an
emergency...
Ms. Anthony response was: I didn’t realize that I was the only teacher that did not
have coverage on my library day. The harassment is so blatent. So for clarification,, there
is recess coverage for Deas and Smith on their library day, but not me. Got it... What you
have involved yourself in is called mobbing a.k.a. workplace bullying. If it is easy to do it
to me, it’s very easy for administration to decide to turn on you too. We need to meet
because I will not allow you to continue to ignore me and disrespect this year
On September 11, 2021, Ms. Anthony filed a formal complaint with the compliance
office against Principal Hutcherson and Eric Ulas. The complaint was investigated and it was
ultimately determined that there was insufficient evidence to support the complaint.
On October 29, 2021, Ms. Anthony filed a formal complaint with the Compliance Office
with respect to her request for accommodation. (Ms. Anthony failed to include any medical
documentation with respect to any of her accommodation requests until November 2021.)
Following an investigation, the allegations were dismissed for insufficient evidence on
December 13, 2021.
In the fall 2021, Ms. Anthony applied for accommodation regarding kidney stones. A
Physician’s statement was submitted in November 2021. In response, Ms. Anthony was provided
with accessible water being available in the classroom and restroom breaks to be provided
whenever needed,
In the fall 2021, Ms Anthony applied for accommodation regarding a hearing
accommodation. A Physician’s statement was submitted in November 2021. In response, initially
a microphone was provided; ultimately a separate standalone microphone and speaker was
provided to Ms. Anthony for use in her classroom.
In the fall 2021, Ms. Anthony applied for accommodation regarding arthritis. A
Physician’s statement was submitted in November 2021. Due to the unavailability of a first floor
classroom, accommodations were offered regarding having others help transition Ms. Anthony’s
students down the stairs while Ms. Anthony used the elevator, in nonemergency situations. (It
should be noted, Ms. Anthony lives in a two story house.)