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  • SUMMER ANTHONY Vs COLUMBUS BOARD OF EDUCATION VS.COLUMBUS BOARD OF EDUCATION ET ALOTHER CIVIL document preview
  • SUMMER ANTHONY Vs COLUMBUS BOARD OF EDUCATION VS.COLUMBUS BOARD OF EDUCATION ET ALOTHER CIVIL document preview
  • SUMMER ANTHONY Vs COLUMBUS BOARD OF EDUCATION VS.COLUMBUS BOARD OF EDUCATION ET ALOTHER CIVIL document preview
  • SUMMER ANTHONY Vs COLUMBUS BOARD OF EDUCATION VS.COLUMBUS BOARD OF EDUCATION ET ALOTHER CIVIL document preview
  • SUMMER ANTHONY Vs COLUMBUS BOARD OF EDUCATION VS.COLUMBUS BOARD OF EDUCATION ET ALOTHER CIVIL document preview
  • SUMMER ANTHONY Vs COLUMBUS BOARD OF EDUCATION VS.COLUMBUS BOARD OF EDUCATION ET ALOTHER CIVIL document preview
  • SUMMER ANTHONY Vs COLUMBUS BOARD OF EDUCATION VS.COLUMBUS BOARD OF EDUCATION ET ALOTHER CIVIL document preview
  • SUMMER ANTHONY Vs COLUMBUS BOARD OF EDUCATION VS.COLUMBUS BOARD OF EDUCATION ET ALOTHER CIVIL document preview
						
                                

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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 14 4:31 PM-23CV002179 0G426 - L2 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 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 14 4:31 PM-23CV002179 0G426 - 130 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. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 14 4:31 PM-23CV002179 0G426 - L31 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. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 14 4:31 PM-23CV002179 0G426 - L3 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 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 14 4:31 PM-23CV002179 0G426 - L3 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. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jun 14 4:31 PM-23CV002179 0G426 - L34 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.)