[1. CALL TO ORDER AND ESTABLISH QUORUM]
[00:00:03]
OUR FIRST AGENDA ITEM IS THE OPENING PRAYER.
[2. OPENING PRAYER AND PLEDGES OF ALLEGIANCE/MOMENT OF SILENCE]
PLEDGES OF ALLEGIANCE AND MOMENT OF SILENCE.WILL YOU PLEASE RISE? TRUSTEE STACY. OH LORD, THAT YOU WOULD BLESS US INDEED, THAT YOU WOULD ENLARGE OUR TERRITORY, THAT YOUR HAND WOULD BE WITH US, THAT YOU WOULD KEEP US FROM EVIL SO THAT WE DON'T CAUSE PAIN.
I PLEDGE ALLEGIANCE TO THE FLAG, THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
THANK YOU, TRUSTEE STACY AND TRUSTEE YEAGER.
[3. PUBLIC COMMENTS]
OUR NEXT AGENDA ITEM IS PUBLIC COMMENTS.THERE ARE TWO SPEAKERS SIGNED UP TONIGHT, SO WE'LL GIVE EACH SPEAKER THREE MINUTES.
PLEASE BE REMINDED TODAY'S MEETING OF THE BOARD IS A SPECIAL MEETING.
MISS YELTON, WILL YOU CALL OUR FIRST SPEAKER? YES, OUR FIRST SPEAKER IS TARA EVANS. GOOD EVENING, SCHOOL BOARD.
I AM HERE TONIGHT AS A CONCERNED PARENT, TAXPAYER AND MOTHER OF FOUR DRAGONS IN CARROLL ISD.
AS, TO THE ISSUE AT HAND TONIGHT IN SPECIFIC REFERENCE TO DR.
SMALSKAS AND MRS. WHEELER, THE PRINCIPAL AT DURHAM INTERMEDIATE.
THAT WAS AN ACCIDENT. YOU GET A PASS.
THIS IS CLEAR, HABITUAL, EGREGIOUS BEHAVIOR BY PEOPLE WHO ARE EMPLOYED BY OUR DISTRICT.
THIS SCHOOL BOARD, AFTER YEARS OF GETTING THE OLD SCHOOL BOARD OUT.
IN MY SITUATION, MY CHILD WAS HARASSED BY.
THIS HAS TO BE GERMANE DIRECTLY TO WHAT'S ON THE AGENDA.
IT IS ABHORRENT THAT THEY ARE STILL IN CARROLL ISD.
YOU DO NOT NEED TO RENEW THEIR CONTRACTS.
THEY NEED TO HIT THE ROAD, AND THEY CAN GO MESS WITH SOMEONE ELSE'S CHILD IN SOME OTHER DISTRICT.
AFTER LISTENING TO THE HUTCHINSON FAMILY BEFORE THE CHRISTMAS CHRISTMAS BREAK, AND TO VARIOUS PARENTS WHO HAVE SHOWN YOU PATTERNS OF ABUSE OVER TIME AND TIME AGAIN. IT'S IT'S IT'S UNFATHOMABLE THAT THAT COULD HAPPEN TO A CHILD.
LEDBETTER'S SHOULDERS AND THE BOARD'S.
SMALSKAS, THE THE SMUG ARROGANCE THAT SHE WIELDS TO SILENCE PARENTS TO USE THE CARROLL SYSTEM.
JUST A JUST TO NAVIGATE TO PROTECT HERSELF AND WHEELER.
IT'S IT'S BEYOND IT'S THIS BOARD'S CHARGE, THIS CONSERVATIVE BOARD'S CHARGE TO DO THE RIGHT THING BY THIS FAMILY TONIGHT AND OTHER FAMILIES THAT HAVE BEEN MALICIOUSLY TARGETED BY THOSE TWO WOMEN.
THANK YOU. THE NEXT SPEAKER IS MARISSA MAHAN.
AS A PARENT WHO HAS SAT IN THESE EXACT SEATS FOR A LEVEL THREE HEARING OVER DISCIPLINE, I ASK FOR YOU AS TRUSTEES TO PLACE YOURSELF IN THE SHOES OF THE PARENT AS THEY'RE TELLING A STORY. DR.
SMALSKAS AND MR. BUTLER HAD IDENTIFIED THEMSELVES IN THE PAST AS INDEPENDENT INVESTIGATOR AND OTHER GRIEVANCES.
[00:05:02]
IN COMBINATION OF OTHER EXAMPLES PREVIOUSLY PRESENTED BEFORE YOU, I ASK FOR YOU TO CLOSELY CONSIDER HOW DR.SMALSKAS HAS PROUDLY DEMONSTRATED HER POWER TO SINGLE HANDEDLY INFLUENCE AND PAINT WHATEVER REALITY SHE WANTS REGARDING THE BEHAVIOR OF A CHILD, OR TO IGNORE BLATANT FACTUAL ERRORS. THANKFULLY, VIDEO IS WORTH A THOUSAND WORDS.
NO VIDEO SHOULD CONTRADICT THE INTENTIONAL STATEMENTS MADE BY KEY MEMBERS OF LEADERSHIP.
AS A FELLOW PARENT WHO HAS EXPERIENCED THE SAME GASLIGHTING, INTIMIDATION, AND RETALIATION OF STRONGLY ADVOCATING FOR MY OWN CHILD UNDER HER WATCH, I WANT YOU TO THINK ABOUT HOW LEADERSHIP IS KEY IN OUR DISTRICT.
I WANT YOU TO REMEMBER NO LEADER IN EDUCATION ANYWHERE SHOULD BE ALLOWED TO WALK AWAY WITHOUT ACCOUNTABILITY IF THEY FACILITATE OR INSINUATE ANYTHING OTHER THAN THE FACTS AND WHAT IS ETHICALLY AND MORALLY JUST.
EXPERIENCES SHARED AGAIN TONIGHT MAY NOT ONLY BE UNETHICAL, BUT ARE ALSO CLEAR VIOLATIONS OF THE STATE EDUCATORS CODE OF ETHICS FOR LICENSURE AND OUR LOCAL CODE OF CONDUCT. AFTER CONSIDERING ALL EVIDENCE, ACCOUNTABILITY MUST OCCUR TONIGHT.
BUT MEANWHILE, THE RECORDS ARE THE WRONGS AS NEVER DOCUMENTED.
THAT DIDN'T HAPPEN IN THIS CASE AND IT DIDN'T HAPPEN IN MINE.
BASED OFF EVIDENCE PROVIDED TONIGHT, I AM HOPEFUL THAT YOU ALL AS TRUSTEE WILL AFFORD THIS FAMILY ACCOUNTABILITY A ND JUSTICE.
BEYOND THAT, THE TRAUMA THAT WE HAVE SUFFERED UNDER HER LEADERSHIP IS NOT ACCEPTABLE.
AND THEY'RE GOING TO BE PURE VIOLATIONS OF CIVIL RIGHTS, ESPECIALLY WHEN THERE'S A PATTERN.
SO I JUST ASK TONIGHT THAT YOU DO WHAT WAS NOT DONE FOR ME AND THAT PEOPLE ARE ACTUALLY HELD ACCOUNTABLE SO THEY DON'T CONTINUE ON IN THEIR PATH OF PUBLIC EDUCATION AND HARMING OTHERS. THANK YOU.
[4. EXECUTIVE SESSION]
551.071, 551.074 AND 551.0821 OF THE TEXAS GOVERNMENT CODE, WHICH IS COMMONLY KNOWN AS THE TEXAS OPEN MEETINGS ACT.THE BOARD MAY CONDUCT THIS HEARING IN CLOSED SESSION.
HOWEVER, PURSUANT TO SECTION 551.
THE BOARD WILL HONOR THAT REQUEST.
FOR THAT REASON, I ASK MY COLLEAGUES ON THE BOARD AND ANYONE WHO WILL PARTICIPATE IN THIS HEARING TO EXERCISE ADDITIONAL CAUTION, PLEASE REFRAIN REFRAIN FROM USING THE NAMES OR OTHER INFORMATION THAT WOULD SPECIFICALLY IDENTIFY A STUDENT OR DISTRICT PERSONNEL IN THE PUBLIC DISCUSSION OF THIS MATTER.
PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.0771, WE HAVE CHOSEN NOT TO MEET WITH OUR ATTORNEYS, SO WE WILL PROCESS WITH THE LEVEL THREE HEARING AT THIS TIME. MY NAME IS CAM BRYAN.
I AM THE PRESIDENT OF THE BOARD OF TRUSTEES OF CARROLL ISD.
FOR THE RECORD, TODAY IS JANUARY 23RD, 2024.
THE BOARD IS NOW CONVENED FOR THE PURPOSE OF HEARING A LEVEL THREE COMPLAINT FILED BY MARK AND ASHLEY HUTCHINSON ON BEHALF OF THEIR CHILD, PH, A STUDENT IN CARROLL ISD. THIS PROCEEDING WILL BE RECORDED TO ENSURE THAT AN ACCURATE RECORD IS KEPT.
FOR THE RECORD, EACH PERSON IS ASKED TO STATE THEIR NAME, REASON FOR ATTENDANCE IN RELATIONSHIP TO MR. OR MRS. HUTCHINSON, IF APPLICABLE.
WE WILL START WITH OUR BOARD MEMBERS FIRST.
I'M TIM DAVIS I'M COUNSEL TO THE BOARD.
I'M ASHLEY HUTCHINSON, AND I AM PAYTON HUTCHINSON'S MOM.
MARK HUTCHINSON, PAYTON'S FATHER.
AND I'M MEREDITH WALKER, [INAUDIBLE].
[00:10:09]
ACCURATELY REFLECT THE PROCEEDINGS.FURTHER, PLEASE ENDEAVOR TO MAKE YOUR ORAL STATEMENTS AS CLEAR AND COMPLETE AS POSSIBLE.
REMEMBER THAT RECORDING MAY NOT ALWAYS REFLECT GESTURES OR ANY FORM OF NONVERBAL COMMUNICATIONS.
IT WILL BE BASED ON THE RECORD MADE FROM THE PREVIOUS HEARINGS.
ANY ADDITIONAL DOCUMENTS PRESENTED AT LEVEL TWO.
THIS IS NOT A FORMAL LEGAL PROCEEDING, AND NO STRICT RULES OF EVIDENCE OR PROCEDURE WILL APPLY.
EACH PARTY WILL HAVE AN OPPORTUNITY TO MAKE ITS PRESENTATION TO THE BOARD.
THE PARTIES WILL NOT BE PERMITTED TO CROSS EXAMINE EACH OTHER.
THE BOARD'S DECISION MUST BE SUPPORTED BY THE RECORD.
THE VOTE WILL BE TAKEN IN OPEN SESSION FOLLOWING THE HEARING.
THE COMPLAINANTS, MR. AND MRS. HUTCHINSON, THROUGH THEIR ATTORNEY, MARK WHITBURN, WILL PRESENT THEIR ARGUMENT BASED ON THE RECORD FIRST.
EACH PARTY WILL BE ALLOCATED TEN MINUTES FOR REBUTTAL.
JUST BECAUSE TIME IS AFFORDED DOES NOT MEAN IT HAS TO BE USED AND THE BOARD WILL NOT INFER ANYTHING ABOUT THE STRENGTH OF A SIDE'S EVIDENCE ON THE BASIS OF ITS LENGTH OF PRESENTATION. I WILL KEEP TIME AND WILL HOLD UP TIME CARDS TO INDICATE WHEN THERE IS TEN, FIVE AND ONE MINUTE REMAINING.
WE HAVE A SOPHISTICATED SYSTEM.
ANYONE WHO BEHAVES INAPPROPRIATELY OR INTERRUPTS THE PROCEEDINGS MAY BE ASKED TO LEAVE.
DOES ANYBODY HAVE ANY QUESTIONS HOW THIS HEARING WILL BE CONDUCTED? OKAY. NOW THAT WE HAVE REVIEWED THE PROCEDURES FOR THE HEARING EARLY ON, YOU SAID THAT WE WOULD SPEAK THROUGH OUR ATTORNEY.
I'M ASSUMING ASHLEY AND I ARE ALLOWED TO SPEAK AS WELL, NOT JUST OUR ATTORNEY.
CORRECT. RIGHT. IT'S UP TO YOU.
WHOEVER, WHOEVER WANTS TO SPEAK.
LET THE RECORD REFLECT THAT EACH MEMBER OF THE BOARD PRESENT HAS INDICATED THAT HE OR SHE CAN CONSIDER THE INFORMATION PRESENTED AT THIS HEARING AND MAKE A DECISION IN A FAIR AND IMPARTIAL MANNER.
MR. WHITBURN WILL YOU BE MAKING THE PRESENTATION ON BEHALF OF MR. AND MRS. HUTCHINSON? I WILL KEEP THE TIME AND WILL INDICATE TO YOU WHEN YOU HAVE TEN, FIVE AND ONE MINUTES LEFT IN YOUR ALLOCATED TIME.
FOR OUR RECORD, WILL YOU PLEASE CONFIRM THAT YOUR CLIENTS HAVE REQUESTED TO HAVE THIS HEARING IN OPEN SESSION? ARE THEY AWARE OF THE REQUEST FUNCTIONS AS WAIVER OF ANY PRIVACY RIGHTS THEY MAY THEY MIGHT OTHERWISE CLAIM? THEY ARE SO AWARE. I REMIND YOU OF MY INSTRUCTION TO AVOID USING NAMES OF ANY INFORMATION THAT IDENTIFIES A STUDENT OR DISTRICT PERSONNEL, WITH THE EXCEPTION OF YOUR CLIENTS.
MR. WHITBURN, YOU MAY PROCEED WITH YOUR PRESENTATION AT THIS TIME.
GIVE ME A SECOND, MR. WHITBURN, TO START THE CLOCK.
[00:15:04]
MAY I BEGIN? YOU MAY PROCEED.I FIRST BECAME AWARE OF THIS MATTER WHEN I WAS PRESENTED WITH A PIECE OF CORRESPONDENCE WHICH IS LABELED CISD 11.
IT'S A FEBRUARY 24TH, 2023 LETTER, IN WHICH, GARY S INDICATES, IN A CORRESPONDENCE TO MR. AND MRS. HUTCHINSON, SPECIFICALLY, IT WAS REPORTED THAT WHILE WALKING OUT OF THE CAFETERIA, PAYTON, ALLEGEDLY UNPROVOKED, PENETRATED ANOTHER STUDENT'S ANUS APPROXIMATELY FOUR TIMES WITH HIS FOOT.
THE ALLEGED VICTIM WAS VIOLATED BY THESE ACTIONS.
I DID NOT AT THAT TIME HAVE ANY OTHER DOCUMENTS TO REVIEW, BUT THAT STRUCK ME EVEN REVIEWING THAT AS HIGHLY STRANGE, BECAUSE IT STRUCK ME AS DIFFICULT TO CONCEIVE OF HOW THAT COULD BE EVEN PHYSICALLY POSSIBLE TO ARRANGE A SCENARIO IN THE MIDDLE OF A CAFETERIA WHERE, PH ALLEGEDLY UNPROVOKED, PENETRATED ANOTHER STUDENT APPROXIMATELY FOUR TIMES WITH HIS FOOT WITHOUT A SERIOUS LEVEL OF COOPERATION, WHICH HAS NEVER BEEN EVIDENCED IN THIS MATTER.
SO IT ALREADY STRUCK ME AS BEING A HIGHLY BIZARRE SCENARIO.
IT HAS ONLY GOTTEN MORE BIZARRE SINCE THEN.
WHAT IN FACT HAPPENED ON FEBRUARY 23RD, 2023 PH WAS HORSING AROUND WITH SOME OF HIS FRIENDS OUTSIDE.
HE CAME INSIDE TO THE CAFETERIA.
HE GAVE HIM A PLAYFUL KICK IN THE UPPER THIGH.
THE STUDENT KIND OF TURNED AROUND A LITTLE BIT.
PH TURNED AROUND A LITTLE BIT TO SORT OF AVOID HIS GAZE, REPEATED.
THE OTHER STUDENT DIDN'T RUN OFF ANYWHERE.
THIS HAPPENED ABOUT FOUR TIMES.
SO THIS IS. YOU DON'T HAVE TO TAKE MY WORD FOR IT.
THIS VIDEO IS AVAILABLE TO ALL ADMINISTRATORS AND IMMEDIATELY AVAILABLE.
THEY DIDN'T HAVE TO WAIT FOR MONTHS FOR THIS.
THIS WAS ALL RIGHT ON VIDEO FOR THEM ALL TO DETERMINE EXACTLY WHAT HAPPENED.
HOWEVER, ON THE AN INVESTIGATION ENSUED.
ONE WOULD THINK THAT SOMETHING ALONG THE LINES OF WHAT I DESCRIBED WOULD NOT REALLY AMOUNT TO MUCH, BUT THE THE DISTRICT, ENGAGED IN INVESTIGATION, TOOK WITNESS STATEMENTS FOR THOSE WHO WERE IN THE AREA.
ALMOST ALL OF THE WITNESS STATEMENTS INDICATED THAT THEY DIDN'T SEE ANYTHING HAPPEN.
AND THESE ARE THESE ARE IN THE BOARD'S PACKAGE.
THEY DIDN'T SEE ANYTHING HAPPEN.
THE ONLY WITNESS STATEMENTS THAT INDICATED THAT SOMETHING HAPPENED, BASICALLY, IN ESSENCE, CORROBORATED WHAT PH'S ACCOUNT WAS, WHICH THAT AND WHAT THE VIDEO SHOWS, WHICH IS THAT HE KICKED THE STUDENT FOUR TIMES IN THE PLAYFULLY IN THE UPPER THIGH AREA.
HOWEVER, STRANGELY, ON FEBRUARY 24TH 2023, THE CORRESPONDENCE WAS SENT BY GARY S, THE ASSISTANT PRINCIPAL, INDICATING THAT THERE WAS PENETRATION OF ANOTHER STUDENT'S ANUS.
EVEN A QUICK LOOK AT THE VIDEO DEMONSTRATES CONCLUSIVELY THAT THAT WAS NOT THE CASE, AND GARY S HAD ALREADY SEEN THE VIDEO BEFORE HE SENT OUT THIS LETTER.
OBVIOUSLY WHEN THIS LETTER WAS SENT, THE PARENTS WERE WERE WERE SHOCKED AND MORTIFIED BECAUSE THEY ACCUSED THEIR SON OF PENETRATING ANOTHER STUDENT'S ANUS FOUR TIMES IN THE MIDDLE OF A CAFETERIA WITH HIS FOOT.
APART FROM ITS BEING BIZARRE IS AN ACCUSATION OF SEXUAL ASSAULT.
I MEAN, THAT'S WHAT WE'RE TALKING ABOUT HERE.
THEY WERE AGHAST, AND THEY UNDERSTANDABLY WANTED TO KNOW WHAT HAD HAPPENED.
THEY FILED A LEVEL ONE GRIEVANCE.
WELL, INITIALLY THEY THEY TRIED TO GET MORE ANSWERS FROM DISTRICT PERSONNEL, BUT THEY WERE NOT GIVEN ANY REAL INDICATION OF WHAT HAD HAPPENED OTHER THAN SORT OF RECITATIONS OF WHAT HAD ALREADY BEEN PRESENTED IN THIS FEBRUARY 24TH, 2023
[00:20:02]
LETTER.IN FACT, ON MARCH 3RD, 2023, THEY GOT ANOTHER LETTER THAT SAID, WELL, YOU KNOW, THE VICTIM LATER CLARIFIED THAT THERE WAS NO PENETRATION, SO WE'RE GOING TO CHANGE IT A LITTLE BIT.
BUT THIS WAS THIS WAS WEEKS AFTER THE INCIDENT HAD OCCURRED WHEN THAT CLARIFICATION, WHATEVER IT NEEDED TO BE, COULD HAVE HAPPENED IMMEDIATELY.
THE PARENTS FILED A LEVEL ONE GRIEVANCE THINKING THAT SOMETHING MYSTERIOUS AND BIZARRE HAD HAPPENED HERE, BUT THAT NEEDED TO BE CORRECTED, NEEDED TO BE REMEDIED.
THIS. THEY RECEIVED A RESPONSE ON APRIL 25TH, 2023.
RESPONSE TO THE LEVEL ONE HEARING.
AND THIS RESPONSE IS BASICALLY INCLUDED AT CISD 310 TO 311.
AND I THINK THIS RESPONSE IS CRITICALLY IMPORTANT TO UNDERSTANDING THE REASON WHY WE'RE HERE TODAY, AND THE REASON WHY THE REMEDIES THAT THE PARENTS ARE SEEKING CANNOT BE EXHAUSTED BY THE REMEDIES THAT THEY WERE INITIALLY SEEKING IN THE GRIEVANCE ONE, BECAUSE THE RESPONSE IS ITSELF, THE APRIL 25TH RESPONSE IS IN ITSELF A RESPONSE THAT COMPOUNDS THE INITIAL PROBLEM, AND THAT HIGHLIGHTS THE ADMINISTRATION'S ROLE IN THIS PROBLEM.
THIS RESPONSE WAS CRAFTED BY DR.
IN ADDITION TO THE WITNESS, IT WAS APPARENT THAT THE STUDENT VICTIM FELT VERY VIOLATED, THINKING IT WAS A FINGER THAT WENT INTO HIS BUTT FOUR TIMES.
NOW LET'S JUST STOP THERE FOR A MOMENT.
THERE IS NOTHING IN THE RECORD THAT INDICATES THAT ANYBODY THOUGHT IT WAS A FINGER.
AND SO IT'S EXTREMELY UNCLEAR WHAT THIS COULD POSSIBLY MEAN.
BUT THEN THE THE FOLLOWING SENTENCE IS ABOUT AS ORWELLIAN AS ONE COULD IMAGINE.
THE FOLLOWING SENTENCE ON CISD 311 FROM DR.
AND SINCE THERE WAS A VIOLATION OF A STUDENT'S BOTTOM OR BUTT IT WAS APPROPRIATE TO USE THE PHRASE THAT PH PENETRATED ANOTHER STUDENT'S ANUS APPROXIMATELY FOUR TIMES.
THAT'S ABOUT AS BIZARRE A CRAFTING OF THE ENGLISH LANGUAGE AS I'VE EVER HEARD.
S IS SAYING THERE IS AS PROFESSIONALS, WE DON'T WANT TO USE THE TERM, BUTT WE DON'T WANT TO USE THE TERM BOTTOM BECAUSE THAT DOESN'T SOUND PROFESSIONAL.
SO INSTEAD, WE'RE GOING TO CRAFT THIS A SLIGHTLY DIFFERENT WAY THAT SOUNDS MORE PROFESSIONAL.
WE'RE GOING TO CALL IT PENETRATION OF THE ANUS.
THAT IS BIZARRE BECAUSE THAT IS NOT THE SAME THING.
IF YOU WANT TO TALK ABOUT USING A PROFESSIONAL TERM FOR BUTT OR BOTTOM, YOU CAN USE GLUTEUS MAXIMUS.
WHICH IS TO ACCUSE THE CHILD OF PENETRATING ANOTHER CHILD'S ANUS, PARTICULARLY WHAT THIS WAS A PIECE OF CORRESPONDENCE THAT CAME OUT ON APRIL 25TH, 2023, OVER TWO MONTHS AFTER THE INCIDENT WHERE DR.
S AND ANY INDIVIDUALS THAT SHE CHOSE TO RELY ON HAD TWO MONTHS WORTH OF ACCESS TO THE VIDEO AT ISSUE WHERE THEY COULD SEE EXACTLY WHAT HAPPENED.
THEY COULD SAY EXACTLY WHAT HAPPENED BECAUSE THEY HAD IT RIGHT IN FRONT OF THEM ON THE VIDEO.
[00:25:01]
BUTTOCKS OR WHATEVER, WHAT HAVE YOU.INSTEAD, THEY EFFECTIVELY AND ESSENTIALLY DR.
S EFFECTIVELY, ACCUSED MY CLIENT'S SON OF COMMITTING SEXUAL ASSAULT.
WELL, I WILL SAY THAT IT WAS VERY STRANGE TO RECEIVE THAT LETTER.
I UNDERSTAND THAT THE BOARD HAS INSTRUCTED US ONLY TO RELY ON DOCUMENTS THAT ARE IN THE RECORD.
I WILL SAY, SUBJECT TO ADMONITION, FROM THE BOARD AND ITS LEADERS, THAT THERE IS DOCUMENTATION THAT INDICATES THAT DR.
S HERSELF WAS INVOLVED IN CRAFTING THIS INITIAL FEBRUARY 24TH CHARACTERIZATION OF WHAT HAPPENED THAT SHE HERSELF WAS INVOLVED IN ADVISING GARY S, THE ASSISTANT PRINCIPAL, TO USE THE VERY TERMS THAT SHE WAS EVALUATING LATER ON.
IT WAS HER OWN LANGUAGE THAT SHE WAS EVALUATING AS PART OF THE LEVEL ONE GRIEVANCE.
THERE'S SOMETHING VERY WRONG WITH THAT.
THERE'S SOMETHING VERY WRONG ALSO WITH THE FACT THAT ON FEBRUARY 25TH, SHE ADVISED GARY S AND THIS IS AN EMAIL I HAVE NOT LOCATED IN THE RECORD PRESENTED TO THIS BOARD, BUT BUT BUT THERE ARE EMAILS THAT INDICATE THAT SHE SAID TO GARY S THAT WE DON'T WANT TO TALK ABOUT THIS IN EMAILS ANYMORE, BECAUSE IT MIGHT BE SUBJECT TO AN OPEN RECORDS REQUEST.
THERE'S SOMETHING VERY PROBLEMATIC WITH THAT EXCHANGE.
THERE'S SOMETHING VERY PROBLEMATIC WITH HAVING THE VERY PERSON WHOSE RESPONSIBLE FOR THE ACCUSATIONS AND THE MANNER IN WHICH THE ACCUSATIONS WERE PRESENTED DOING THE LEVEL ONE GRIEVANCE APPEAL HERSELF WITHOUT ANYBODY KNOWING AT THE TIME, BUT THAT WAS THE CASE.
THESE DOCUMENTS WERE NOT MADE AVAILABLE LET'S GET BACK TO THE RECORD ONLY, PLEASE.
AND I WILL I WILL SAY ONLY THAT, I THINK THE BOARD SHOULD MAKE INQUIRIES AS TO ANYTHING ELSE THAT MIGHT BE BEYOND THE RECORD THAT WOULD WEIGH IN ON THIS MATTER, PARTICULARLY BECAUSE MY CLIENTS DIDN'T HAVE ACCESS TO THESE THINGS AND COULD NOT HAVE KNOWN WHAT ELSE WAS AVAILABLE, FOR THE DISTRICT TO RELY ON THAT IS NOT MADE AVAILABLE TO THE BOARD AND THE RECORD.
CAN I SPEAK FROM HERE OR DO I HAVE TO SPEAK [INAUDIBLE]? OKAY, SO I AM DR.
I TRULY APPRECIATE YOU GUYS TAKING THE TIME OUT OF YOUR DAY TO COME AND HEAR US SPEAK.
AND I'M HOPING THAT YOU CAN HELP US TO PREVENT THIS FROM HAPPENING TO ANOTHER CHILD.
OUR SON, PAYTON HUTCHINSON, WAS ACCUSED BY GARY S WHITNEY W AND TAMY S OF PENETRATING THE ANUS OF ANOTHER STUDENT IN A LINE LEAVING THE CAFETERIA. WE HAVE SEEN VIDEO EVIDENCE PROVING THAT THIS DID NOT OCCUR.
MARK AND I ATTEMPTED TO REASON WITH THIS ADMINISTRATION THROUGH EMAILS AND MEETINGS AT THE SCHOOL, AND HAVE BEEN TO TWO OTHER GRIEVANCES BEFORE TODAY, A PROCESS THAT TOOK 11 MONTHS. THE GRIEVANCE PROCESS HAS TAKEN ALMOST A YEAR SINCE THE EVENT TOOK PLACE THIS IS OUR THIRD GRIEVANCE.
THIS IS AN INDICATION THAT THIS IS A BROKEN SYSTEM.
TO MAKE A FAMILY SUFFER LIKE THIS IS TRULY WRONG.
MY SON HAS BEEN THROUGH A LOT AND SO HAVE WE.
HE ALSO SUFFERED PHYSICAL PAIN, LOST WEEKS OF SCHOOL AND HAS BEEN DIAGNOSED WITH PTSD VIA A BRAIN SCAN, AND HE STILL ATTENDS THERAPY TO TRY AND UNDO THE EMOTIONAL HARM THAT THESE ADMINISTRATORS HAVE CAUSED.
WE ARE HERE TO BRING TO LIGHT WHAT SEXUAL CONVERSATIONS WITHOUT PARENTS CONSENT, FALSE ACCUSATIONS, DELAYING GRIEVANCE PROCESSES, AND THE MENTALITY THAT THE ACCUSER IS RIGHT DOES TO A CHILD IN THEIR FAMILY.
EVIDENCE OF THIS IS STATED IN AN EMAIL ON FEBRUARY 24TH, 2023 TO TAMY S FROM GARY S, CALLING PAYTON THE PERPETRATOR BEFORE AN INVESTIGATION TOOK PLACE.
[00:30:01]
THE ABILITY FOR A STUDENT TO FALSELY ACCUSE ANOTHER STUDENT AND THE ADMINISTRATION TO REWARD THAT STUDENT BY PUTTING THE TRUE VICTIM OR THE ACCUSED THROUGH EMOTIONAL TRAUMA, SUSPENSION AND CHARACTER ASSASSINATION, WAS VOTED DOWN BY THE CITIZENS OF SOUTHLAKE WHEN WE VOTED NOT TO APPROVE THE USE OF MICROAGGRESSIONS IN OUR SCHOOLS.TO MAKE MATTERS WORSE, THIS ADMINISTRATION SET MY SON UP FOR FAILURE WHEN THEY FORCED HIM TO WRITE AN INCRIMINATING STATEMENT THAT HE DID NOT WANT TO WRITE, AND THEN MADE HIM SIGN A STAY AWAY AGREEMENT WHEN HE DID NOT KNOW HIS ACCUSER.
HE HAD JUST TURNED 12 YEARS OF AGE.
HE WAS TOLD HE HAD TO WRITE IT.
AT ONE POINT, GARY EVEN SCRATCHED OUT HIS WORDS AND WROTE SOMETHING ELSE.
THIS IS NOT THE WAY THAT WE SHOULD TREAT OUR STUDENTS.
WHERE WAS I, BABE? KIDS THESE DAYS COMMONLY PLAY, WHICH CAN BE SEEN ON VIDEO EVIDENCE, YOU CAN SEE MY SON TURNING AROUND AND PRETEND.
THEY REFUSED TO TELL MY SON WHO TO STAY AWAY FROM.
PAYTON SAID HE DIDN'T KNOW WHO IT WAS.
HE WAS IN A FRAGILE EMOTIONAL STATE AND HE DID NOT READ THE TOP OF THE LETTER.
HE WAS TOLD BY GARY TO SIGN IT.
THEY REFUSED TO TELL MY SON WHO TO STAY AWAY FROM AND [INAUDIBLE].
BUT IF HE WENT NEAR THE CHILD, FURTHER DISCIPLINARY CONSEQUENCES WOULD HAVE OCCURRED.
THIS IS UNACCEPTABLE BEHAVIOR TO DO TO A 12 YEAR OLD, MAKING HIM FEARFUL DAILY THAT HE WOULD ACCIDENTALLY SPEAK TO OR PLAY WITH THE CHILD THAT HE WAS ACCUSED OF SEXUALLY ASSAULTING WHEN HE DIDN'T EVEN KNOW WHO HE IS.
TO THIS DAY, WE STILL DO NOT KNOW HIS ACCUSER.
THEY ALSO CALLED THE POLICE TO FILE A REPORT AND CALLED CHILD PROTECTIVE SERVICES AND FILED A REPORT, WHAT ADMINISTRATION CALLS CHILD PROTECTIVE SERVICES, ON A CHILD AND DOESN'T TELL THE PARENTS THAT THEY CALLED THEM.
DO YOU KNOW WHAT KIND OF MENTAL STRESS THAT PUTS PARENTS UNDER? IT SHOULD BE ILLEGAL.
YOU SHOULD HAVE TO INFORM THE PARENTS THAT THEIR CHILD HAS A RECORD AT CPS.
THEY DID NOT TELL MARK AND I THAT THEY CALLED CPS.
WE FOUND OUT THROUGH OPEN RECORDS REQUESTS, WHICH I KNOW I'M NOT SUPPOSED TO TALK ABOUT.
OFFICER W REPLIED WITH A SIMPLE NO AND SAID HE DIDN'T HAVE TO DO THAT AS A POLICE OFFICER.
HIS COMMANDING OFFICER AGREED.
OUR FIRST GRIEVANCE WAS WITH TAMY SMALSKAS.
AFTER OUR LAWYER SPOKE AND LAID OUT EVIDENCE, HER REPLY WAS THAT WE WERE LUCKY THAT PAYTON DIDN'T RECEIVE A MORE SEVERE CONSEQUENCE, DENYING ALL OF OUR REQUESTS FOR RESOLUTION.
I'M SORRY, I CAN'T SAY THE NEXT PART, BUT IF YOU WERE TO READ THE OPEN RECORDS REPORT, YOU MAY SEE THAT SHE, CRAFTED THE WORDING OF WHAT WAS PUT ON MY SON'S RECORD.
I'M SORRY. SO IN HER EMAILS, SHE ALSO STATES THAT SHE REQUESTS THAT THESE OTHER ADMINISTRATORS NOT SEND HER EMAILS SO THAT WE COULDN'T PULL OPEN RECORDS REQUESTS.
[00:35:01]
THAT. I DON'T CARE WHAT LAWYERS TELL THEM TO DO, IT IS HIGHLY INAPPROPRIATE.HUTCHINSON, YOU'RE AT TEN MINUTES.
OKAY, MARK'S GOING TO FINISH THE REST.
[INAUDIBLE] I, I'M NOT GOING TO READ THIS BECAUSE IT'S GOING TO TAKE MORE THAN TEN MINUTES.
MR. HUTCHINSON, WILL YOU SPEAK INTO THE MIC SO WE CAN.
SO WE HAD PREPARED SOME DOCUMENTS, BUT WE'RE NOT GOING TO HAVE ENOUGH TIME TO READ ALL OF THEM.
SO, IT'S NOT IN THE RECORDS WE CAN'T DISCUSS THAT.
SO I JUST I'M GOING TO GO THROUGH OVER WHAT'S, WHAT'S UPSETTING ABOUT ALL OF THIS IS THAT THE FACT THAT THE OPEN RECORDS REQUEST THAT WE MADE YOU ALL SHOULD HAVE BEEN GIVEN THOSE DOCUMENTS, FIRST OF ALL, BECAUSE THE FACT THAT I GOT THEM IN REFERENCE TO THIS, THIS EXACT SCENARIO THAT OCCURRED AND YOU HAVE NOT BEEN PRESENTED WITH THOSE THAT THAT'S THAT'S A FAULT OF SOMEONE ELSE, BECAUSE THE ONLY REASON I GOT THESE, I REQUESTED ALL OF THE EMAILS FROM TAMY SMALSKAS BECAUSE GARY SULLIVAN AND WHITNEY WHEELER, WITH RESPECT TO MY SON PAYTON, AND THAT'S HOW WE GOT THE MULTITUDE OF DOCUMENTS THAT WE RECEIVED.
SO THE FACT THAT THE EMAILS BETWEEN GARY AND WHITNEY ARE NOT IN Y'ALL RECORDS FOR Y'ALL TO REVIEW, TO UNDERSTAND HOW ALL THIS CULMINATED INTO WHAT IT IS TODAY, IS A LITTLE FRUSTRATING.
I WOULD BE UPSET IF I WAS ON THE BOARD TO BE NOT GIVEN ALL THE INFORMATION APPROPRIATELY.
THERE'S BEEN OUR SON, YOU KNOW, AND I MENTIONED THIS IN THE FIRST HEARING THAT WE HAD OUR MEETING.
YOU KNOW, HE WENT THROUGH A MULTITUDE OF TESTS.
WE HAD TO TAKE HIM OUT OF SCHOOL.
HE WAS SLEEPING 18 HOURS A DAY.
THIS IS ALL BECAUSE OF THESE FOLKS.
THE THE FACT THAT YEAH. THE ACCUSATIONS TO MAKE AN ADULT SUFFER EMOTIONAL TRAUMA.
THESE ACCUSATIONS HAVE CAUSED EMOTIONAL TRAUMA.
SHE'S NEVER BEEN IN THERAPY IN HER LIFE.
BUT ALL OF THIS HAS CAUSED HER TO SEEK HELP.
SHE DIDN'T KNOW WHAT TO SAY TO HER CHILD, HOW TO PROTECT HIM FROM THE ADMINISTRATORS, NOR DID I.
TAMY S AND SHE CAN COVERTLY WAS INVOLVED AND THEN TOLD US TO BASICALLY SHUT UP AND SIT DOWN.
HE MISSED TWO WEEKS OF SCHOOL.
BOTH WEEKS WE BROUGHT HIM BACK AND FORTH TO THE PEDIATRICIAN, TRYING TO FIND ANSWERS, WORRIED SOMETHING WAS TERRIBLY WRONG DUE TO THE SEVERITY OF THE PAIN, THE PEDIATRICIAN RECOMMENDED AN ULTRASOUND.
THE ULTRASOUND SHOWED APPENDICITIS.
HIS BOWELS WERE SO INFLAMED THAT THE ULTRASONOGRAPHER THOUGHT HE HAD APPENDICITIS.
THEY DID A CT, TO A CT SCAN TO CONFIRM IT WAS NOT APPENDICITIS.
THEY DID VIRAL PANELS, BLOOD WORK, URINALYSIS, ETC.
TO IDENTIFY WHAT WAS THE MEDICAL ISSUE AND FOUND NOTHING.
AFTER WE EXPLAINED TO HER WHAT WAS GOING ON AT SCHOOL.
MY SON PAYTON HAS NEVER SEEN A THERAPIST BEFORE AND NEVER NEEDED TO SEE ONE.
HE WAS HE WAS HAPPY AND HEALTHY BEFORE ALL OF THIS OCCURRED.
I DO WANT TO SAY THAT IN FIFTH GRADE WE HAD A WONDERFUL TIME AT DURHAM.
I KNOW THAT THE ADMINISTRATION THERE WAS REMOVED FOR FOR DIFFERENT REASONS, BUT [INAUDIBLE] AND [INAUDIBLE] WERE AMAZING . THROUGH THE CHANGE WE HAD ALL OF THESE THINGS OCCURRED AND NOT JUST WITH US.
WE HAVE OTHER PARENTS THAT HAVE COME TO US SINCE WE HAD THE MEETING WITH THE WITH THE SCHOOL BOARD.
THE THERAPIST WAS ABLE TO HELP OUT PAYTON SOME, BUT THEY RECOMMENDED A BRAIN SCAN.
LATER REVEALED THAT HE HAD PTSD, WHICH WOULD REQUIRE MORE THERAPY.
SO PAYTON IS STILL IN THERAPY HERE ALMOST A YEAR LATER.
HE IS A CHILD AND COULDN'T, AND WE COULDN'T HELP HIM BECAUSE OF THE SEVERITY OF THE ACCUSATIONS AND THE CHARACTER ASSASSINATION RESULTING FROM BELITTLING, OTHER CHILDREN, FROM OTHER CHILDREN, FROM OTHER CHILDREN.
I'M NOT ASKING YOU TO I'M NOT ASKING YOU TO FIRE THEM.
I'M ASKING FOR YOU TO REPORT THEM.
WE HAVE SO MUCH MORE TO SAY, MORE EMAILS AND EVIDENCE THAT SUPPORT OUR CLAIM.
BUT BECAUSE THIS MEETING CANNOT LAST HOURS, WE DO NOT HAVE TIME TO DISCUSS ALL OF THESE.
AND AND JUST TO FINALIZE, WE WERE REMOVED FROM MEETINGS THAT WE HAD SCHEDULED WITH THE ADMINISTRATORS, REMOVED FORCIBLY BY THE SRO AGAIN, MEETINGS THAT WERE SCHEDULED, AND GARY S AND WHITNEY W REFUSED TO COME OUT AND MEET WITH
[00:40:01]
US. THEY ACTUALLY HAD THE SECRETARY OR THE PERSON AT THE FRONT DESK CALL THE SRO AND HAVE US REMOVED OUT OF ONE MEETING AND ONE MEETING WHERE WE WERE ACTUALLY MEETING WHITNEY.W DIDN'T LIKE THE LINE OF QUESTIONING THAT THAT ASHLEY WAS ASKING, AND SHE TOLD HER SHE DIDN'T STOP THAT LINE OF QUESTIONING, THAT SHE WAS GOING TO HAVE TO HAVE TO ASK HER TO LEAVE. TELL THEM WHAT THE QUESTIONING.
ASHLEY WAS ASKING IF THEY WERE HANDLING PAYTON'S 504 PROGRAM APPROPRIATELY WITH RESPECT TO THIS.
WE HAD MULTIPLE CONVERSATIONS WITH THE ADMINISTRATION, MISS BONNER, SHE HAD CAME IN AND HELPED OUT.
THE COUNSELORS AT DURHAM DO NOT FOLLOW IT WHATSOEVER.
THE TEACHERS DID NOT FOLLOW IT.
IT WAS A COMPLETE WASTE OF TIME.
THE, WE WERE REMOVED THREE TIMES IN TOTAL BY THE SRO AGAIN FOR MEETINGS WITH THE SCHOOL.
THERE'S NO INDEPENDENT BOARD THAT SAYS, HEY, YOU KNOW WHAT? LET'S TAKE A LOOK AT THAT. THESE ARE 11, 12, 10, 9, 8, 7 YEAR OLD KIDS.
DECISION MAKING, AND WE'RE SUPPOSED TO JUST SAY, OH, OKAY, YOU GOT THEM.
ALL RIGHT, WELL, WE'LL JUST TAKE OUR SON HOME, HE'S SUSPENDED.
HE LOST HIS FRIENDS CALLED GAY BECAUSE OF THE QUESTIONS BY GARY.
LOCATION OF REPORTED CONDUCT OCCURRED ON SCHOOL PROPERTY.
ACCURACY. ACCURACY OF ALLEGATIONS.
AS A REPORTED BY ADMINISTRATIVE INVESTIGATION, I CONCLUDED THAT THE REPORTED CONDUCT DID OCCUR.
AND WHITNEY W BECAUSE SHE APPROVED IT.
SPECIFIC EFFECTS. THE CONDUCT SUFFICIENTLY IS SUFFICIENTLY SEVERE, PERSISTENT OR PERVASIVE ENOUGH THAT IT CREATES AN INTIMIDATING, THREATENING OR ABUSIVE EDUCATIONAL ENVIRONMENT FOR THE TARGET STUDENT.
BUT IF YOU WATCH THAT VIDEO, YOU WILL SEE A CHILD STANDING WITH HIS ARMS AROUND TWO OF HIS FRIENDS LIKE THIS TAKE HIS FOOT, AND I KNOW YOU CAN'T SEE THIS IN THE RECORDING, BUT YOU WILL SEE HIM DO THIS WITH HIS FOOT AND TAP THE CHILD AND TURN HIMSELF THIS WAY TO LOOK AWAY AND ACT LIKE HE HAS NOT DONE ANYTHING.
THE OTHER KID DOESN'T EVEN MOVE FORWARD.
HE SIMPLY DOES THIS AND CONTINUES LOOKING STRAIGHT.
MY PAYTON AGAIN TAPS HIM SAME WAY, RIGHT ABOVE THE THIGH, RIGHT HERE AND THEN TURNS AWAY.
AND THE LAST THING I WANT TO SAY BEFORE MY TIME IS UP WHEN YOU LOOK AT THE WHAT PAYTON TOLD GARY S, GARY SAID, WHAT DID YOU DO AT LUNCH TIME? AND PAYTON SAID WE WERE CALF PINCHING WITH FRIENDS, AND HE THOUGHT MAYBE ONE OF HIS FRIENDS GOT HURT FROM THE CALF PINCHING AND THEY WENT TO THE NURSE OR SOMETHING, WHATEVER. AND THEY WERE SITTING THERE SQUEEZING EACH OTHER'S CALVES.
JUST PLAYING BEING BOYS, RIGHT? AND GARY LOOKS AT HIM AND SAYS, THAT'S NOT WHAT YOU DID.
AND PAYTON TOLD HIM, I DON'T KNOW.
AND THAT'S WHEN HE LED HIS...TELLS PAYTON WHAT TO WRITE.
AND IF YOU LOOK AT THE WITNESS STATEMENTS, WHICH I HOPE YOU ALL PRESENTED THAT TO THE BOARD, YOU WILL SEE ON THE WITNESS STATEMENTS THAT THE ONE, THE ONE STATEMENT THAT'S IN HERE THAT'S ACTUALLY SAYS THEY KNEW SOMETHING WAS IN THE LAST ONE.
SO THE TARGET STUDENT SAYS AV, THAT'S THE TARGET STUDENT, FROM WHAT WE CAN TELL.
ORIGINALLY GUESSED AP WAS HET PERPETRATOR, I GUESS.
I DON'T KNOW, IT'S BLOCKED OUT FOR US, BUT PAYTON H IS CLEARLY THE STUDENT ON THE CAMERA.
BUT THEN THE WITNESS SAYS CONFIRMED AP KICKED AV IN THE BUTT RIGHT IN THE MIDDLE.
LET'S END THE WITNESS STATEMENT.
MR. HUTCHINS, YOU HAVE 30 SECONDS.
LAST STATEMENT. MY SON IS 5'10.
HE WAS 5'10 AT THE TIME, HE'S 5'11.5 NOW.
YOU DON'T CONFUSE HIM WITH ANOTHER CHILD.
UNBELIEVABLE. OH, AND THE DISCIPLINE RECORD.
IT IS UNCONSCIONABLE, THE STUFF THAT HAS BEEN PUT IN HERE.
[00:45:04]
THINGS HE HAS BEEN INVOLVED IN, WHERE THERE'S FOUR STUDENTS AND MY SON'S THE ONLY ONE SUSPENDED, BUT THE OTHER THREE WERE ACCUSED OF THE SAME THING.VIDEO SHOWS THAT THE OTHER STUDENTS WERE INVOLVED IN A PLAY.
THANK YOU, MR. AND MRS. HUTCHINSON YOUR TIME IS UP.
MISS WALKER, WILL YOU BE MAKING THE PRESENTATION ON BEHALF OF THE ADMINISTRATION? I WILL BE SPEAKING AS WELL AS DR.
BUT BEFORE WE GET STARTED, MR. BRYAN, THERE'S BEEN SEVERAL COMMENTS ABOUT EMAILS, AND I DIDN'T REALIZE THEY WERE NOT IN THE RECORD.
BUT I HAVE THOSE EMAILS THAT THE HUTCHINSONS HAVE BEEN REFERENCING, AND HAVE CONFIRMED THAT DR.
CARPENTER DID HAVE THEM WITH HER LEVEL TWO, SO I'M HAPPY TO PROVIDE THEM TO THE BOARD.
WE'RE NOT TRYING TO HIDE ANYTHING.
THANK YOU. I JUST WANT TO SAY THAT KIND OF CHANGES WHAT OUR HOW WE WOULD HAVE WORDED EVERYTHING.
WE SKIPPED OVER LOTS OF THINGS IN ORDER NOT TO, GO OUTSIDE OF THE BOUNDARIES.
YES, YOU CAN YOU'LL GET A REBUTTAL, TO BE ABLE TO ADDRESS THAT.
OKAY, MISS WALKER, YOU AND THE ADMINISTRATION HAVE 30 MINUTES TO MAKE THE PRESENTATION.
MISS WALKER, YOU MAY PROCEED WITH YOUR PRESENTATION AT THIS TIME.
THANK YOU, PRESIDENT BRYAN. I'M ACTUALLY GOING TO HAVE MISS WHEELER START, BECAUSE I WOULD LIKE HER TO GIVE THE BOARD AN IDEA OF THE ATMOSPHERE AND COMMUNICATIONS THAT WERE HAPPENING DURING LAST SCHOOL YEAR BEFORE I GO INTO MY PRESENTATION.
THANK YOU. LAST YEAR WE HAD THREE ADMINISTRATORS AT DURHAM INTERMEDIATE SCHOOL.
WE HAD, TWO ASSISTANT PRINCIPALS, MISS RAY AND MR. SULLIVAN, WHO ARE PRIMARILY IN CHARGE OF DISCIPLINE ON THE CAMPUS.
AFTER INCIDENTS OCCURRED VERY EARLY IN THE FALL REGARDING PAYTON AND HIS INTERACTIONS WITH OTHERS, MISS RAY INITIALLY INVESTIGATED THOSE AS, PAYTON FELL WITHIN HER ALPHA.
VERY QUICKLY, MR. AND MRS. HUTCHINSON MADE IT VERY CLEAR THAT THEY WERE NOT, HAPPY WITH MISS RAY.
THEY DID NOT FEEL LIKE SHE WAS COMPETENT AND OR ABLE TO, ACCURATELY DISCIPLINE THEIR SON.
AND THEREFORE, IT WAS FORMALLY REQUESTED IN A MEETING AT CENTRAL ADMINISTRATION THAT MISS RAY LIMIT HER CONTACT WITH MR. HUTCHINSON AND PAYTON.
AT THAT TIME, I, TRANSITIONED HIM TO BE SUPERVISED BY MR. SULLIVAN. IN CONVERSATIONS WITH MR. SULLIVAN, THERE WERE ALSO HURT FEELINGS WITH THE HUTCHINSON'S NOT FEELING AS IF HE WAS DOING A FAIR JOB AND ADEQUATE POSITION.
SO MISS RAY AND I MET WITH THE HUTCHINSON'S MULTIPLE TIMES.
MR. SULLIVAN AND I MET WITH HUTCHINSON'S MULTIPLE TIMES.
SO IT WAS A CONSTANT ROTATION REGARDING WHO WAS GOING TO BE WORKING WITH PAYTON.
IT ENDED UP THAT MR. HUTCHINSON AND MR. SULLIVAN ENDED UP HAVING THE BEST RAPPORT.
AND SO IT WAS DECIDED THAT MR. SULLIVAN WOULD PRIMARILY HANDLE ALL DISCIPLINE REGARDING PAYTON.
DURING THAT TIME, OUR STAFF, CONTINUED TO STRUGGLE TO TRULY PARTNER WITH MR. AND MRS. HUTCHINSON.
THEY WOULD OFTEN DAD WOULD COME TO CAMPUS BE VERY LOUD, DEMANDING MEETINGS WITHOUT APPOINTMENTS.
VERY INTIMIDATING TO OUR STAFF.
AND SO WE DID MAKE A, A STAND WHERE, WHEN THE HUTCHINSON'S WERE IN THE BUILDING, OUR SRO WOULD BE PRESENT AND AVAILABLE OUTSIDE THE ROOMS AS MOST INTERACTIONS BECAME VERY HEATED VERY QUICKLY.
AND SO, AGAIN, WE DID TRY TO ELIMINATE AS MANY INTERACTIONS IN PERSON AS WE POSSIBLY COULD.
AT THIS AT THAT TIME, AGAIN, MR. SULLIVAN DID PRIMARILY TAKE OVER THIS INVESTIGATION.
BUT WE ALSO MADE IT WHERE ANYTIME A CONVERSATION WAS BEING HAD WITH PAYTON AND OR HIS PARENTS, THAT ANOTHER STAFF MEMBER WAS PRESENT TO WITNESS AND DOCUMENT THE EVENTS. THANK YOU, MISS WHEELER.
[00:50:02]
AND THE REASON I WANTED TO BRING THAT TO THE BOARD'S ATTENTION WAS BECAUSE IF YOU LOOK AT CISD FIVE, AND THAT'S THE ORIGINAL COMPLAINT THAT WAS BROUGHT BY THE HUTCHINSON FAMILY, AND IT SPECIFICALLY SAID DURHAM INTERMEDIATE ADMINISTRATION HAS BEEN TARGETING MY SON PAYTON FOR THE MAJORITY OF THE SCHOOL YEAR.HE HAS BEEN INVESTIGATED FOR NUMEROUS ACTS FOR RIDICULOUS REASONS.
AND AT 252 IN THE BOARD PACKET, THE BOARD WILL SEE WHAT THOSE RIDICULOUS REASONS WERE.
AUGUST 2022 FORCEFULLY SQUEEZED THE BOTTOM OF ANOTHER MALE STUDENT.
OCTOBER 2022 AS STUDENT B'S MOM, HOW BIG MY DICK IS? OCTOBER 2022 WEARING A HAT AT SCHOOL.
OCTOBER 2022 SQUIRTING OTHER STUDENTS WITH A SQUIRT BOTTLE.
IN NOVEMBER AND DECEMBER OF 2022 NOT WEARING HIS ID BADGE.
IN JANUARY OF 2023 ARGUING WITH A TEACHER FOR CORRECTING HIS BEHAVIOR.
IN JANUARY OF 2023, HE MADE A VERY RACIALLY INSENSITIVE JOKE ABOUT AN AFRICAN AMERICAN STUDENT.
AND FEBRUARY 2023, WE HAD TALKING EXCESSIVELY IN P.E.
AND NOT COMPLYING WHEN TOLD TO WEAR HIS HOOD.
AND THEN WE HAVE THE INCIDENT IN QUESTION.
THOSE ARE NOT RIDICULOUS ISSUES THAT THE ADMINISTRATION AT THE SCHOOL WAS ADDRESSING.
ADDRESSING HARASSMENT, WHETHER IT'S SEXUALLY OR RACIALLY MOTIVATED, IS INCREDIBLY IMPORTANT.
AND THEN WE GET TO THE FEBRUARY OF 23 INCIDENT THAT WE'RE HERE TO TALK ABOUT.
NOW I'M GOING TO ASK PRESIDENT BRYAN TO GO INTO CLOSED SESSION AT THE END OF MY PRESENTATION, BECAUSE I DO WANT TO PROVIDE THE BOARD WITH SOME CONTEXT AS TO WHAT HAPPENED AND HOW THIS CAME TO THEIR ATTENTION, BECAUSE I THINK IT'S IMPORTANT THAT THE BOARD KNOW THAT.
BUT BECAUSE IT INVOLVES ANOTHER STUDENT, I DON'T WANT TO PUT THAT OUT IN THE PUBLIC RECORD.
NEEDLESS TO SAY, THE INFORMATION COMES FORWARD TO THE BOARD.
AND IF THE BOARD LOOKS AT CISD 14, CISD 25, AND CISD 33, WHICH IS THE STUDENT VICTIM'S STATEMENT, IT REFLECTS THAT WHAT WAS PLACED IN THAT INITIAL LETTER REGARDING THE BULLYING AND HARASSMENT THAT WAS BEING INVESTIGATED IS ABSOLUTELY, 100% SUPPORTED BY THOSE STATEMENTS AND THAT INFORMATION THAT THE DISTRICT RECEIVED.
SO THE PARENTS WERE NOT HAPPY WITH THAT.
THEY FILED A LEVEL ONE WITH DR.
SMALSKAS, AS YOU GUYS HEARD, AND THAT IS AT 311.
SO FIRST OF ALL, ONE OF THE THINGS THAT THEY NOTED WAS THEY TOOK ISSUE WITH DR.
S'S LEVEL ONE BECAUSE SHE WAS EXPLAINING HER DECISION.
WE'RE NOT GOING TO DESTROY EDUCATIONAL RECORDS.
IT WASN'T UNTIL IT GOT TO LEVEL TWO WITH DR.
AND SO DR. CARPENTER MADE THAT CHANGE.
AND NONE OF THAT CHANGES HOWEVER, THE FACT THAT THERE WAS INFORMATION FROM A STUDENT AT THE OUTSET REFLECTING THAT WHAT AND WAS PLACED IN THAT LETTER WAS WHAT THAT STUDENT SAID HAD OCCURRED.
NOW, WITH RESPECT TO THE EMAILS, DR.
S NEVER SAID THIS IS THE LANGUAGE THAT YOU SHOULD USE, INSTEAD IN THAT EMAIL THAT WAS GIVEN IT TO YOU SHE SPECIFICALLY SAID, WE NEED TO BE MORE SPECIFIC THAN BOTTOM, ONLY IF THAT'S TRULY WHAT OR HOW THE VICTIM FELT.
SO THERE IS ABSOLUTELY RECORD IN THE RECORD OR I'M SORRY, DOCUMENTS IN THE RECORD REFLECTING THAT.
AND THERE WAS A FINGER THAT WENT UP THE STUDENT'S BOTTOM THAT IS ABSOLUTELY THERE.
THE LEVEL ONE WAS FILED IN FEBRUARY.
THE LEVEL ONE DECISION WAS GIVEN IN APRIL.
THE HUTCHINSON'S WERE OUT OF TOWN.
[00:55:01]
DR. CARPENTER ISSUED IT.THEY THEN FILED THE LEVEL THREE.
AND I'VE BEEN WORKING WITH COUNCIL SINCE THAT TIME.
SO THIS IS NOT AN ISSUE THAT'S BROKEN.
ONE OF THE COMMENTS WAS MADE THAT THE DISTRICT OR THE SCHOOL SET HIM UP FOR FAILURE BECAUSE HE DIDN'T, KNOW WHAT WAS ON THE STATEMENT AND DIDN'T KNOW WHAT WAS ON THE STAY AWAY AGREEMENT. AGAIN, THE STAY AWAY AGREEMENT IS IN THERE.
YOU CAN SEE BOTH STUDENTS NAMES ON IT.
AND WHILE MR. SULLIVAN IS NO LONGER WITH THE DISTRICT, WE ABSOLUTELY DISPUTE THAT HE WAS SLAMMING HIS FIST AND ACTING INAPPROPRIATELY WITH A STUDENT.
THERE WAS ALSO COMMENTARY ABOUT PROVIDING THE STAY AWAY AGREEMENT TO THE STUDENTS T EACHERS.
AS ALL OF YOU KNOW, THAT'S EXACTLY HOW STAY AWAY AGREEMENTS WORK.
THE STAY AWAY AGREEMENT DOESN'T DO US ANY GOOD AS A DISTRICT, AS A REMEDIAL MEASURE IF WE DON'T LET THE TEACHERS KNOW THAT THERE'S A STAY AWAY AGREEMENT, BECAUSE WE HAVE TO BE ABLE TO ENFORCE THAT.
THAT'S AN EDUCATIONAL RECORD, AND THE TEACHERS HAVE A REASON AND A NEED TO KNOW.
SMALSKAS DID NOT CRAFT THE WORDING IN THE LETTER I PROVIDED YOU WITH THAT EMAIL.
MR. S GARY S DID NOT GO AROUND ASKING STUDENTS AND TELLING STUDENTS THINGS THAT WOULD MAKE OTHER STUDENTS THINK THAT PAYTON HAD SEXUALLY ASSAULTED ANYONE.
THOSE STUDENTS WERE CALLED IN.
THEY WERE ASKED TO WRITE STATEMENTS.
NOT A SINGLE PERSON IN ADMINISTRATION HAS MADE THIS A SEXUAL ASSAULT AT ALL.
WHEN THIS HAPPENED, THE DISTRICT CALLED COUNCIL AND ASKED WHAT WE SHOULD DO.
AND ABSOLUTELY, THE ADMINISTRATION WAS PROFESSIONAL IN USING THE WORDING BECAUSE, AGAIN, WE HAD A STATEMENT FROM A STUDENT REFLECTING EXACTLY WHAT THE DOCUMENTATION SAYS.
MISS WHEELER CAN SPEAK A LITTLE BIT MORE TO, THE HUTCHINSON'S [INAUDIBLE] THEY'VE NOT BEEN FORCIBLY REMOVED, AND THEY'VE MENTIONED SECTION 504 ISSUES.
THOSE ARE NOT BEFORE THE BOARD.
AND THERE WAS ALSO COMMENTARY ABOUT THE BULLYING OR HARASSMENT CHECKLIST.
AGAIN, THE DISTRICT HAS THOSE CHECKLISTS FOR A REASON.
YOU GUYS HAVE PUT POLICIES AND PROCEDURES IN PLACE.
PART OF THOSE POLICIES AND PROCEDURES ARE THOSE CHECKLISTS THAT YOU GO DOWN.
WE EXPECT OUR ADMINISTRATORS TO USE THOSE.
SO AT THE END OF THE DAY, THE HUTCHINSONS HAVE RECEIVED EVERY REMEDY THEY HAVE REQUESTED.
DR. SMALSKAS DID NOT GRANT ALL OF THEIR REMEDIES.
THAT IS IN THE LEVEL ONE RESPONSE.
CARPENTER GRANTED THEM THEIR REMEDIES WHEN THEY FILED THE LEVEL THREE.
I TALKED TO COUNSEL ABOUT GIVING THE HUTCHINSONS AN OPPORTUNITY TO MEET WITH DR.
THEY STILL WANTED TO GO FORWARD WITH THEIR LEVEL THREE.
THEY'VE BEEN GIVEN EVERYTHING.
THERE'S NOTHING LEFT FOR THE BOARD TO DO AT THIS POINT.
ADMINISTRATION HANDLED IT APPROPRIATELY.
THEY TOOK THE STUDENT'S STATEMENTS, THEY ISSUED THE DISCIPLINE.
AND WE'RE ALL HERE BECAUSE ESSENTIALLY THE ADMINISTRATION WAS TRYING TO BE PROFESSIONAL IN EXPLAINING WHAT HAPPENED BASED ON A STUDENT STATEMENT THAT SUPPORTS EXACTLY WHAT WAS WRITTEN.
AND AGAIN, WE JUST ASK THAT THE BOARD UPHOLD THE ADMINISTRATION'S DECISION AT THIS POINT.
MISS WHEELER, MR. WHITBURN, YOU HAVE TEN MINUTES FOR REBUTTAL, SHOULD YOU CHOOSE TO USE IT.
I'LL LET YOU KNOW WHEN I'M READY.
[01:00:04]
MAY I BEGIN? OKAY.THANK YOU. I'D LIKE TO JUST ADDRESS A FEW OF THE COMMENTS THAT MY COLLEAGUE MISS WALKER MADE.
FIRST, THE REFERENCE TO CISD 252 I'M NOT SURE EXACTLY WHAT THAT REFERENCE WAS SUPPOSED TO MEAN.
IS THE REFERENCE SUPPOSED TO INDICATE THAT, THAT BECAUSE THERE HAVE BEEN SOME ALLEGED DISCIPLINARY ISSUES IN THE PAST, THAT THEREFORE THE ADMINISTRATORS WERE MORE PRONE TO VIEW A NEW DISCIPLINARY ISSUE AS SERIOUS? IT'S, IT'S LIKELY FROM OUR PERSPECTIVE THAT THESE OTHER ISSUES THAT ARE RECOUNTED ON CISD 252 WERE OVERBLOWN AS WELL, BASED ON THE FACT THAT FROM A SIMPLE TAP IN THE UPPER THIGH AREA, OR EVEN A SERIES OF SUCH TAPS THAT CAUGHT ON VIDEO WOULD HAVE GIVEN RISE TO AN ACCUSATION OF PENETRATION OF THE ANUS.
MISS WALKER ALSO REFERENCED, I COULDN'T CATCH ALL THE REFERENCES, BUT I BELIEVE SHE REFERENCED CISD 14 AND 25 AS SOMEHOW SUPPORTING THE ALLEGATIONS OF PENETRATION OF THE ANUS THAT WERE PRESENTED IN THE FEBRUARY 24TH LETTER.
SO I'D LIKE TO TAKE A LOOK AND AND TAKE A LOOK AT CISD 14.
CISD 14 I ASSUME THAT THAT WHAT IS BEING REFERENCED THERE IS, THE THE STATEMENT A STUDENT POKED HIM UP THE BUTT THAT'S IN IN THE RIGHT HAND COLUMN, AND THEN HE KICKED A STUDENT IN THE BUTT AS A JOKE.
BUT TO THE EXTENT ONE DOES SOMETHING THAT COULD MEET THAT CHARACTERIZATION, IT'S VERY DIFFICULT TO SEE AGAIN HOW THAT COULD CONSTITUTE ANAL PENETRATION IN THE MIDDLE OF A CAFETERIA. AND THERE'S A VIDEO.
I'VE SAID THIS MANY TIMES NOW, BUT THERE'S A VIDEO SO YOU DON'T HAVE TO LOOK AT 14.
YOU CAN LOOK AT THE VIDEO AND SEE EXACTLY WHAT HAPPENED RIGHT.
IN ANY WAY. THERE'S NO THERE'S NO FINGER IN ANY WAY RECOUNTED THERE.
25 SAYS AGAIN, POKED HIM UP THE BOTTOM, POKED HIM IN THE BOTTOM WITH HIS FOOT.
IT'S MORE OR LESS THE SAME KIND OF ISSUES.
NOW, I WILL NOTE, AND I'LL DIRECT THE BOARD'S ATTENTION TO CISD 29.
THIS STAY AWAY AGREEMENT WHERE THE LANGUAGE ORIGINALLY READ PAYTON KICKED, POKED UP BOTTOM, AND THEN THE WORD UP WAS CROSSED OUT.
IT'S PRETTY CLEAR THAT THAT THAT SOMEBODY LOOKING AT ALL THIS AT SOME POINT REALIZED THAT NO, THERE WAS NO POKING UP THE BOTTOM BECAUSE THE VIDEO SHOWS EXACTLY WHAT HAPPENED AND THAT, IN FACT, THERE WAS SOMETHING OTHER THAN THAT.
YET IN THE PERPETUATED IN, DR.
MY MY COLLEAGUE, MISS WALKER SAYS THAT THERE WERE NEVER ANY ALLEGATIONS OF SEXUAL ASSAULT.
YOU CAN DENY IT ALL YOU WANT, BUT THAT IS IN THIS WORLD ESPECIALLY.
THAT'S THE ACCUSATION YOU'RE MAKING.
I'M GOING TO TURN IT OVER TO MY CLIENT FOR OUR REMAINING TIME.
SO I WANT TO CLARIFY TWO THINGS.
YOU CAN LOOK AT EVERY EMAIL CHAIN THAT I HAVE EVER SENT.
I REQUEST MEETINGS, WE SET UP TIMES AND I GO TO THEM.
THEY HAVE REMOVED US AND I HAVE THE DATES FOR ALL THREE OF THEM.
SO ON FEBRUARY 24TH, FEBRUARY 28TH AND MARCH 20TH WE WERE REMOVED FROM THE BUILDING.
WITH RESPECT TO MY SON'S RECORD, I DO NOT ARGUE THAT HE WAS THROWING A WATER BOTTLE UP IN THE AIR.
I'M SURE HE DID. HE'S 12 YEARS OLD.
SILLY. I DON'T ARGUE THE FACT THAT HE DIDN'T HAVE HIS BADGE.
I DON'T ARGUE THE FACT THAT HE HAD A HAT ON.
I DON'T THINK ANY OF THOSE THINGS ARE THAT BIG OF A DEAL.
[01:05:07]
STUDENT B HIS MOM HOW BIG MY DICK IS, STUDENT B SAID DON'T LIE, YOU HAVE A SMALL PENIS.THAT'S THE PART THAT'S MISSING HERE.
THE NEXT ONE, OFFENSE ON 9/12, PAYTON DID MAKE A COMMENT ABOUT THE GIRLS HAVING A MUSTACHE.
SHE HAS DARK HAIR ABOVE HER LIP AND HE MADE A COMMENT ABOUT IT.
HOWEVER, THE GIRL PRIOR TO THAT WAS CALLING HIM A JACKASS AND STUPID, AND HIS ENTIRE CIRCLE OF FRIENDS THAT HE WAS WITH THAT IS ALSO MISSING, WHICH THE ADMINISTRATION WAS WELL AWARE OF AND REFUSED TO PUT THAT IN HERE AND I ASKED FOR THAT, MIGHT I ADD.
PAYTON AND ONE OF HIS CLOSE FRIEND, STILL HIS CLOSE FRIEND TODAY SLAPPED EACH OTHER ON THE BACKSIDE, PASSING EACH OTHER UP IN THE HALL LIKE YOU WOULD DO AT A BASKETBALL OR A FOOTBALL OR A SOCCER GAME.
BASED OFF OF THAT FOR ABOUT 30 TO 45 MINUTES, TO WHICH MADE MY SON COME HOME AND ASK US, ARE MY COACHES SEXUALLY HARASSING ME WHEN THEY SLAP ME ON THE BUTT WHEN I COME OFF OF THE SOCCER FIELD OR OFF OF THE FOOTBALL FIELD? THAT IS A CONVERSATION THAT SHOULD HAVE NEVER TAKEN PLACE.
FOR AN 11 YEAR OLD BOY AT THE TIME, 11 YEARS OLD.
WHERE'S MY OTHER NOTES [INAUDIBLE].
THE PAGE THAT WAS FLIPPED OVER, THE QUESTIONS THAT WE WROTE ASHLEY, YOU TOOK THE PAPER FROM ME.
SORRY, WE MISPLACED PAPER HERE.
ALL THE QUESTIONS THAT I JUST WROTE DOWN.
WE DID NOT ASK TO DESTROY THE RECORDS WITH RESPECT TO PAYTON.
THAT SHOULD BE TAKEN OUT OF HIS RECORD AND SHOULD STILL BE TAKEN OUT OF HIS RECORD.
OKAY, I WOULD ALSO, BECAUSE I WAS WITH MARK.
I WOULD I CAN SAY THAT I CAN BEAR WITNESS THAT HE DID NOT GET AGGRESSIVE.
HE IS NOT PAID BY THE SCHOOL, HE IS PAID BY THE STATE.
ONE THING I WOULD LIKE TO SAY IS THAT A LOT OF BOYS WEAR HOODIES IN THE HALL.
HE'S AN 11 AND 12 YEAR OLD BOY, REMEMBER, THIS IS A SIXTH GRADE BOY.
FOR SURE. AND THAT IS NO REASON TO PERSECUTE A CHILD.
THAT IS NO REASON TO MAKE A CHILD FEEL LIKE HE IS LESS THAN ANYTHING, TO BRING HIM IN AND TELL HIM HE'S TERRIBLE, WHICH IS WHAT THIS ADMINISTRATION DID. I WANT TO TALK ABOUT THE RACIST COMMENT.
I EVEN WENT TO THE OFFICE AND SAID THAT I KNOW YOU DIDN'T MEAN IT.
I KNOW YOU DIDN'T UNDERSTAND WHAT THE JOKE WAS.
AND THEN LATER ON, ANOTHER RACIST COMMENT.
OKAY, AND I WOULD LOVE TO BRING THAT CHILD AND THAT PARENT TO YOU GUYS TO TALK ABOUT IT.
AND I JUST WANT TO TALK ABOUT THAT.
I DIDN'T TALK ABOUT IT EARLIER DOES MARK HAVE MORE TIME? NO. ONE MINUTE. SOMEBODY ACCUSED PAYTON OF GETTING PHYSICALLY VIOLENT WITH THEIR CHILD.
ACTUALLY, IT WAS OFFICER WORMLEY AND WHITNEY W.
PAYTON THEN, SAID HE DIDN'T DO IT.
AND THEN HER SON CAME HOME AND SAID, ACTUALLY, IT WAS C, THAT'S THE CHILD WHO DID IT.
AND C THEN GOT MAD AND SAID HE DID IT BECAUSE PAYTON AND THE OTHER CHILD WAS RACIST.
HE SAID PAYTON DROPPED A COTTON BALL IN CLASS AND THEN ASKED ANOTHER STUDENT TO PICK IT UP.
HE SAID THAT MEANT PAYTON WAS RACIST BECAUSE IT WAS EQUIVALENT TO PICKING COTTON AS SLAVES.
THEN PAYTON WAS HITTING LANYARDS IN THE HALL WITH THREE OTHER BOYS.
THERE ARE TWO TEACHERS THAT CAME AND INTERRUPTED THAT BEHAVIOR.
THEY WERE JUST BEING SILLY, HITTING WITH LANYARDS.
YOU CAN SEE IN THE VIDEO THAT OFFICER WORMLEY LET ME SEE.
[01:10:02]
THERE IS NO ONE TALKING TO ANYONE BUT THE FOUR.THERE ARE THREE CAUCASIANS, ONE HISPANIC BOY, TWO TEACHERS CAME IN AND DISRUPTED.
THANK YOU MISS. THANK YOU, MISS HUTCHINSON.
YOUR TIME IS UP. I'M GLAD TO TALK MORE ABOUT THAT, PAM, IF YOU WOULD ALLOW ME TO LATER.
MISS WALKER, YOU HAVE TEN MINUTES.
IF YOU SO CHOOSE FOR REBUTTAL.
WITH RESPECT TO THE DISCIPLINARY HISTORY, DO YOU NEED.
HOLD ON, MISS WALKER? NO. YOU'RE FINE.
I'M HAVING TECHNICAL DIFFICULTIES.
AND THEN MR. AND MRS. HUTCHINSON PROVED THE POINT I WAS MAKING BY BRINGING IT UP.
AND THE LETTERS IN QUESTION WERE ABSOLUTELY CHANGED THAT WAS PART OF THE LEVEL TWO RESPONSE.
AND THEN I BELIEVE MISS WHEELER HAD ONE OTHER THING TO SAY.
IN REGARDS TO THE STATEMENTS BEING CHANGED, MR. SULLIVAN DID MAKE A CHANGE FROM THE PENETRATION TO KICK SLASH POKED.
THAT WAS IN THE MIDDLE OF THE INVESTIGATION WHILE HE WAS STILL COLLECTING AND GATHERING INFORMATION.
THAT WAS ALSO AFTER RECEIVING OVER TEN EMAILS FROM MR. HUTCHINSON AND HAVING MULTIPLE, PHONE CALLS AND FACE TO FACE MEETINGS.
BUT AGAIN, THAT WAS FROM A, NEWER ADMINISTRATOR AT THE, WORK TO GATHER MORE INFORMATION.
THEN I DON'T HAVE ANYTHING ELSE AT THIS POINT.
OKAY, MEMBERS OF THE BOARD, I'M SURE THAT WE HAVE SOME QUESTIONS TO ADDRESS TO BOTH PARTIES.
I'LL OPEN IT UP FOR QUESTIONING FOR BOARD MEMBERS.
I HAVE, TWO KIDS THAT ARE, ONE'S ALREADY BEEN THROUGH THE DISTRICT.
OKAY. I'VE HAD A SIXTH GRADE BOY.
MOST OF THE PEOPLE UP HERE HAVE HAD A SIXTH GRADE BOY.
I'VE BEEN CALLED, YOU KNOW, I'VE BEEN IN THE SAME SITUATION YOU'RE IN.
YOU KNOW, I GOT WAY TOO CLOSE WITH MR. LANGFORD WHEN MY SON WAS OVER AT DAWSON.
SO, YOU KNOW, FROM, HE CAN'T HE CAN'T SIT STILL.
I KNOW THE TROUBLES WE HAVE WITH THESE RAMBUNCTIOUS BOYS.
AND NONE OF US I DON'T WANT TO SPEAK FOR THEM, BUT NONE OF US THINK YOUR KID IS A BAD KID.
NONE OF US THINK YOU'RE BAD PEOPLE.
I THINK YOU'RE HERE ADVOCATING FOR YOUR FOR YOUR FOR YOUR SON.
WE LIVED IN NEW YORK FOR FIVE YEARS.
AND, YOU KNOW, MY SON, PERFECTLY HEALTHY CHILD.
ONE DAY IN, IN FIRST GRADE, HE, HE COMES HOME AND HE STARTS EXHIBITING TICS.
WHICH WENT FROM FACIAL TICS TO VIOLENTLY, YOU KNOW, JERKING HIS HEAD TO ONE SIDE.
AND THEN, YOU KNOW, WHEN, WHEN HE WOULD WALK, SOMETIMES HE'D JUMP STRAIGHT UP IN THE AIR.
WHEN HE'D BE SITTING IN THE CHAIR, HE'D JERK.
HE TICS SO HARD, HE'D FALL ON THE FLOOR.
SO, YOU KNOW, I UNDERSTAND THAT.
AND, YOU KNOW, YOU HAVE TO DEAL WITH THE TEASING KIDS TEASE AT THAT AGE.
I REMEMBER ONE TIME HE TICKED AT SCHOOL AND FELL OUT OF HIS CHAIR HE LET OUT A BIG LAUGH.
SO, YOU KNOW, HE FIGURED OUT REAL QUICK HE'D RATHER LAUGH WITH THEM THAN THAN BE LAUGHED AT.
[01:15:08]
RELATED TO HIM JUST GOOFING OFF? AND I WAS IN THE MEETINGS AND I WAS I WOULD GET UPSET.YOU KNOW, YOU NEED TO YOU NEED TO HELP HIM.
I JUST SAY ALL THIS TO SAY MY HEART GOES OUT TO WHAT YOU'RE GOING THROUGH.
AND YOU KNOW MY KID WENT THROUGH ALL THAT AND NOW HE'S HE'S PLAYING FOOTBALL IN COLLEGE.
SO, YOU KNOW, WITH WITH WITH UNDERSTANDING AND I KNOW YOU YOU GUYS ARE UNDERSTANDING PARENTS.
SO I YOU KNOW, I HOPE I HOPE THAT YOU GUYS GET THROUGH THIS.
YOU'RE HAVING A BETTER YEAR THIS YEAR.
AND I HOPE YOU KNOW YOUR SON'S FEELING BETTER.
I JUST WANTED TO SAY THAT RIGHT UP FRONT.
CARROLL MIDDLE SCHOOL HAS BEEN AMAZING.
YES. OKAY. BUT, YOU KNOW, I DO.
I DO WANT TO ASK YOU SOME QUESTIONS, YOU KNOW? YOU KNOW, UNFORTUNATELY, YOU KNOW, OUR ROLE IS WE WE HAVE TO WE HAVE TO DECIDE THIS ISSUE AND WE HAVE TO BE INDEPENDENT.
SO I DO I DO WANT TO ASK YOU A FEW QUESTIONS.
YOU KNOW, AND, YOU KNOW, I'M JUST GOING TO I'M GOING TO APOLOGIZE UP FRONT.
I'M GOING TO USE LANGUAGE THAT'S IN THE DOCUMENTS, OKAY? BECAUSE I THINK THAT'S THE BEST WAY TO GO.
LET'S JUST LET'S DON'T BEAT AROUND THE BUSH.
YOU KNOW, HE'S BEEN INVESTIGATED FOR NUMEROUS ACTS FOR RIDICULOUS REASONS.
YOU KNOW, INAPPROPRIATE PUNISHMENT.
YOU KNOW, I WANT TO GO THROUGH HIS DISCIPLINE RECORD.
YOU KNOW, THE THE FIRST ONE WHERE ON 8/30/22.
I CALLED, I CALLED YOUR YOUR SON INTO MY CLASSROOM AND SPOKE TO HIM ABOUT HIS ACTIONS.
I THINK YOU'VE ALREADY EXPLAINED YOUR SON'S VERSION IS THAT THEY WERE SLAPPING EACH OTHER.
AND ASHLEY WAS LIKE, I HAVE NO IDEA WHAT YOU'RE TALKING ABOUT.
AND THE OTHER PARENT WAS ASKED THAT THEY WANTED TO PRESS CHARGES FOR PAYTON SLAPPING, SQUEEZING THE BOTTOM, AS SHE PUT IT OF THIS CHILD AND THAT THE OTHER CHILD HAS BEEN PAYTON'S FRIEND SINCE KINDERGARTEN.
AND THEY COMMONLY SLAPPED EACH OTHER'S BUTTS.
OKAY AND I DON'T WANT TO STOP YOU, BUT, SO IS THERE'S A DIFFERENCE BETWEEN YOUR SON'S VERSION AND MISS SNOW'S VERSION.
SHE SPECIFICALLY SAID THAT SHE SAW HIM FORCEFULLY SQUEEZED THE BOTTOM, BUT HE SAYS HE SLAPPED THE BOTTOM EITHER WAY I MEAN, WOULD YOU AGREE THAT THAT'S INAPPROPRIATE BEHAVIOR FOR FOR A SCHOOL SETTING.
ON A ON A FOOTBALL FIELD BASKETBALL FIELD? FINE. IN THE HALLWAY.
I THINK IT'S WORTH A CONVERSATION TO SAY, HEY, LOOK, YOU KNOW WHAT? LET'S NOT SLAP EACH OTHER ON THE BUTT AND MOVE ON.
BUT I THINK OUR PROBLEM WAS WITH THE 45 MINUTE CONVERSATION ABOUT SEXUAL HARASSMENT.
OKAY. AND [INAUDIBLE] YOU KNOW, WE HAVE NO DOCUMENTATION OF THAT.
BUT IN ANY EVENT, HE WAS FOR A BETTER WORD.
I'LL JUST USE CITED. I DON'T KNOW WHAT THEY CALL IT, BUT HE WAS CITED WITH INAPPROPRIATE BEHAVIOR.
AND HE GOT A HE GOT A LUNCH DETENTION ONE DAY LUNCH DETENTION.
I MEAN, IS IT DO YOU FEEL LIKE THAT HE WAS TARGETED FOR THAT? NOT NOT WHEN YOU READ ONE THING AT A TIME.
I'M JUST LET'S JUST GO ONE AT A TIME, SO I DON'T.
I MEAN, IT DOESN'T SEEM LIKE HE WAS TARGETED OR THE THE PUNISHMENT WAS INAPPROPRIATE.
[01:20:03]
OKAY, WELL WE CAN.BUT THE THE YOU KNOW, I WILL TELL YOU.
I'M GOING TO TELL YOU, MR. DUDLEY, I'M THE FIRST TO PUNISH MY CHILD.
ALL MY KIDS. I BELIEVE IN DISCIPLINE.
I'M NOT GOING TO SIT HERE AND TELL YOU THAT MY SON DIDN'T DO ANYTHING WRONG ON THIS.
I WILL READ THROUGH OVER HALF OF THESE AND TELL YOU THAT MY SON ABSOLUTELY DID WHAT HE DID.
HE GOT A WARNING FOR INAPPROPRIATE BEHAVIOR WHEN IT SAID HE AND I THINK YOU ALREADY ADDRESSED IT.
HE MADE A DEROGATORY COMMENT ABOUT A GIRL HAVING A MUSTACHE.
AND I'M SURE HE'S NOT THE ONLY ONE.
HE WAS PROBABLY PROVOKED INTO THAT AS WELL OR THERE WAS SOME BACK AND FORTH.
RIGHT? AND I KNOW THAT THERE'S OTHER STUDENTS INVOLVED, LIKE, WITHOUT A SHADOW OF A DOUBT.
I KNOW THAT THERE'S OTHER STUDENTS INVOLVED, BUT MY SON IS THE ONLY ONE THAT'S PUNISHED.
IN THIS IN THIS CASE, WE DON'T KNOW WHAT HAPPENED TO THE GIRL.
WE CAN'T KNOW WHAT HAPPENED TO THE TO THE GIRL.
SHE MAY HAVE BEEN PUNISHED. WE DON'T KNOW BECAUSE WE WE'RE NOT ALLOWED TO DISCUSS THAT.
FAIR ENOUGH. AND THEN THE NEXT ONE, I THINK WE'VE, YOU KNOW, WE'VE WE'VE SAID THIS IS THE ONE WHERE, SOME VULGAR LANGUAGE. I'LL JUST SAY IT ALLEGES THAT YOUR SON ASKED A STUDENT HOW BIG HIS DICK WAS, AND SHE RESPONDED, DON'T LIE YOU HAVE A SMALL PENIS.
AND I'M SURE THAT MAY NOT BE EXACTLY WHAT HAPPENED.
BUT YOU'RE NOT DISPUTING THAT HE DIDN'T SAY WHAT.
I THINK THAT THE IN-SCHOOL SUSPENSION WAS FINE.
RIGHT. AND THIS WAS ON A BUS, I GET IT.
WELL, I'M NOT SURE WE KNOW THAT.
I DON'T I DON'T HAVE ANY EVIDENCE OKAY. WELL, I, I'M NOT I'M NOT SURE THEY CAN THEY CAN.
BUT BUT AS FAR AS WHAT HAPPENED TO HIM, WE'RE OKAY WITH THAT ONE.
IT'S YOU KNOW, IT'S HEY IT'S NOT A BIG DEAL.
I'M NOT SAYING I'M NOT PASSING ANY KIND OF JUDGMENT.
I'M JUST SAYING THAT'S WHAT HAPPENED.
THAT'S WHAT HE GOT. HE GOT A AN IN-SCHOOL SUSPENSION.
THAT'S FINE. YOU'RE THE NEXT ONE, I THINK, HE SAID HE PULLED A HE PUT A HAT ON.
MY KIDS HAVE DONE THE SAME THING, RIGHT? THE NEXT ONE IS THE SQUIRT BOTTLE.
I THINK YOU YOU ALREADY SAID HEY, HE DID IT.
BUT THAT, I MEAN, THAT REALLY DOESN'T.
THEY DIDN'T YOU? HE PROBABLY DID IT.
YOU KNOW, HE GOT HE GOT IT. HE GOT A LITTLE PUNISHMENT.
OKAY. OKAY THEN THESE NEXT TWO, WE'LL JUST TAKE THESE TOGETHER.
YOU KNOW, THREE TIMES IN THIS.
FIRST, HE DIDN'T HAVE HIS BADGE, HIS SECURITY BADGE.
AND THEY, YOU KNOW, GAVE HIM A HALF HOUR DETENTION.
AND THAT'S A IT'S A MINOR THING.
I WOULD SAY THAT LUCKILY, HE HAS A GOOD TEACHER, AND MRS. SMITH WAS HIS HOMEROOM TEACHER, AND SHE REALIZED SINCE HE IS ADHD AND SHE WAS AN ADHD CHILD, SHE SAID IT'S VERY HARD FOR ADHD STUDENTS TO REMEMBER THEIR BADGE.
IT'S VERY DIFFICULT. I AGREE, IT'S HARD FOR ME TO REMEMBER MY BADGE, RIGHT.
AT 11 YEARS OLD AT THIS TIME, RIGHT? 11 YEARS OLD. AND WE EXPECT THEM TO REMEMBER TO BRING A BADGE TO SCHOOL EVERY DAY I MEAN, YOU DO UNDERSTAND WHY WE DO THAT.
NO, I UNDERSTAND, BUT I'M SAYING INSTEAD OF THE SCHOOL INTERVENING AND SAY, YOU KNOW WHAT? LET'S HAVE THE HOMEROOM TEACHER HOLD HIS BADGE FOR HIM.
MAYBE THERE'S OKAY, SO MAYBE THERE'S SOME IMPROVEMENT WE CAN MAKE FOR FOR, YOU KNOW, KIDS, RIGHT.
I AGREE, BUT THAT'S NOT REALLY EVIDENCE THAT THEY'RE TARGETING HIM.
I JUST, YOU KNOW, I'M A LAWYER.
I GOT TO STEP THINGS THROUGH THINGS ONE AT A TIME.
SURE. AND THAT GOES FOR THE NEXT ONE.
IT WAS ANOTHER TIME OF, DIDN'T HAVE HIS BADGE THE SEVENTH ONE.
OKAY. ANOTHER ONE VERY MINOR THING.
IT SAYS PAYTON STOMPED ON AN EMPTY MILK CARTON TO MAKE IT POP.
[01:25:02]
AND THEN IT SAYS, WHEN ADDRESSED BY MISS STORY, BEGAN TO ARGUE.I THINK YOU DID THAT OR YOU DIDN'T DO IT OR.
HE SAYS HE WAS TRYING TO EXPLAIN TO HER ABOUT IT AND SHE JUST WOULDN'T LISTEN TO HIM.
AND THE ISSUE WHEN YOU SAY TARGETING, SHOULD HE HAVE DONE THAT WITH THE MILK CARTON? ABSOLUTELY NOT. BUT YEAH, I'M NOT CONCERNED ABOUT THAT.
I KNOW, BUT THERE ARE MULTIPLE OTHER STUDENTS AND I CAN TELL YOU WITH 100% CERTAINTY IN THIS CASE, BECAUSE IT WAS HIS FRIENDS, AND NONE OF THEM GOT CALLED IN THE OFFICE, NONE OF THEM GOT IN TROUBLE. THEY JUST JUST PAYTON.
AND IT CONTINUED THROUGHOUT THE SCHOOL YEAR.
OKAY. AND AGAIN, I, I'M NOT I'M NOT SAYING I DON'T BELIEVE YOU.
I'M JUST SAYING I DON'T HAVE ANY EVIDENCE OF THAT.
I DON'T KNOW HOW THE OTHER KIDS WERE DISCIPLINED.
YEAH. YOU KNOW, I'VE, I'VE, I'VE SAID THAT TO TO POLICE.
YOU KNOW, I'VE HEARD THAT MANY TIMES.
OKAY. THIS ONE, YOU KNOW, LET'S JUST LET'S TALK ABOUT THIS ONE.
I THINK YOU ADDRESSED IT, BUT IT'S ON 1/17/23.
THE ALLEGATION WAS PAYTON TOLD A RACIAL JOKE TO A SMALL GROUP OF STUDENTS.
AND YOU KNOW, IT'S, YOU KNOW, WHAT DID GOD SAY WHEN HE MADE THE FIRST BLACK PERSON? OOPS, I BURNT THIS ONE.
SO IT WAS MADE TO ONE OF HIS BEST FRIENDS.
HE WAS JUST REPEATING A JOKE HE HAD HEARD ON TIKTOK ON A SCHOOL LAPTOP, MIGHT I ADD.
AND HE DIDN'T UNDERSTAND WHAT THE MEANING WAS, AND I DON'T DISAGREE WITH THE PUNISHMENT FOR IT.
AND I, WE ACTUALLY WROTE AN EMAIL SAYING THAT, WHAT I HAVE CONCERN OR ISSUE WITH IS THAT, AGAIN, THERE'S NO CONTEXT IN THIS, AND THIS IS WHAT HAPPENED WHEN WE WENT TO GO TO TRY TO GET HIM OUT OF CARROLL ISD BECAUSE OF ALL THIS THAT'S GOING ON.
WHEN THEY READ THIS, IT MAKES MY SON LOOK LIKE HE'S A RACIST.
AND I DON'T THINK HE IS A RACIST, AND I'M NOT ACCUSING HIM OF BEING.
BUT HERE'S THE PIECE THAT SHOULD HAVE BEEN IN HERE.
AND I EXPLAINED TO PAYTON WITH GARY IN THE OFFICE, I SAID, PAYTON, DO YOU KNOW WHAT THIS MEANS? AND WHEN I EXPLAINED IT TO HIM, HE STARTED CRYING.
AND THAT'S A GOOD DAD. THAT'S WHAT'S MISSING.
IT'S A LEARNING. YOU USE IT, YOU TURN IT INTO A LEARNING EXPERIENCE.
IT SHOULD HAVE BEEN IN HIS RECORD AS WELL, THAT THE CHILD WAS REMORSEFUL, DIDN'T UNDERSTAND, ETC..
WHEN YOU READ THIS RECORD AND GO AHEAD.
AND I JUST WANT TO ALSO POINT OUT THAT HE IS STILL VERY GOOD FRIENDS.
HIS FRIEND FORGAVE HIM AND UNDERSTOOD THAT HE DIDN'T UNDERSTAND THE JOKE.
MISS HUTCHINSON, I DON'T BELIEVE THAT HE'S A RACIST.
I DON'T BELIEVE THAT RACISM IS LEARNED.
I DON'T BELIEVE THAT YOU'RE RACISTS.
I DON'T BELIEVE HE'S A RACIST.
I DON'T BELIEVE KIDS MAKE MISTAKES.
THEY SAY STUPID THINGS, RIGHT? MINE DO IT.
IT'S THIS THIS SOME OF THIS CAN BE USED AS A LEARNING EXPERIENCE.
IT SOUNDS LIKE YOU HANDLED IT THE RIGHT WAY.
I GUESS ANOTHER PROBLEM, THOUGH, IS IF THEY SEND DISCIPLINARY RECORDS TO A PRIVATE SCHOOL AND THEY DON'T PUT THE CONTEXT BEHIND IT AND WHAT HAPPENED? THIS MAKES MY CHILD LOOK LIKE A MONSTER.
I DON'T KNOW ANYTHING ABOUT HOW HOW THAT WORKS.
THAT CAN BE WE CAN THAT CAN BE HANDLED SOME AT SOME OTHER TIME.
OKAY. AND MAYBE THERE'S WE CAN WE CAN IMPROVE OUR DOCUMENTATION.
I'M NOT OPPOSED TO THAT EITHER.
THE P.E. TEACHER ADDRESSED IT AND NOTIFIED ADMIN.
I SPOKE WITH BOTH STUDENTS AND HE HE RECEIVED A WARNING.
YEAH, THAT COULD DESCRIBE THE CONDUCT OF HALF THE STUDENTS ON HALF THE DAYS.
YEAH, I THINK WE'VE ADDRESSED.
THE NEXT ONE IS WHEN, PAYTON WAS WEARING HIS HOOD.
YEAH. AND AND HE WAS WEARING IT.
IS. I MEAN, IS THAT BASICALLY RIGHT? YEAH. OKAY.
AND YOU DON'T HAVE ANY PROBLEM WITH THAT? JUST. NO. OKAY.
AND I'LL JUST WE'VE DISCUSSED THAT ONE.
WE MAY DISCUSS IT SOME MORE, BUT I THINK YOU'VE YOU'VE BROUGHT UP TWO OTHER ALLEGATIONS OF RACISM.
I REALLY DON'T HAVE THE DETAILS.
SO I'M NOT GOING TO ASK YOU ABOUT THAT.
IS IT SOMETHING THE BOARD COULD LOOK INTO? I MEAN, WE HAVE TO FOLLOW OUR PROCESS SO IT, YOU KNOW, IT HAS TO MAKE IT UP THE CHAIN.
I MEAN, I WOULD AGAIN, YOU'RE PROBABLY TIRED OF THE GRIEVANCE PROCESS.
YES, BUT THAT'S THE PROCESS THAT WE HAVE FOR FOR THESE THINGS.
IF YOU HAVE A PROBLEM WITH ANY KIND OF DISCIPLINE.
I DON'T EVEN KNOW THE PARTICULARS ABOUT THAT.
I DON'T KNOW IF HE WAS DISCIPLINED, I DON'T KNOW, I DON'T KNOW WHAT, BUT.
[01:30:02]
AND THEN THEY SUSPENDED HIM, TOLD HIM HE COULDN'T GO TO HIS FIELD TRIP AND REIMBURSED HIM FOR IT.OKAY, WELL, THE WAY THAT WE HEAR THAT IS IT COMES TO THE GRIEVANCE PROCESS.
UNFORTUNATELY, WE CAN'T TALK ABOUT THAT TONIGHT.
WELL, THEY CONVENIENTLY TIMED IT TO DO IT RIGHT AT THE END OF THE SCHOOL YEAR.
BUT YES, THEY DID IT WITHIN THE LAST FEW DAYS OF THE SCHOOL YEAR.
OKAY. SO FOR FOR THESE, YOU KNOW, 11, THESE 11 INCIDENCES, IT SEEMS LIKE HE HE WAS AND I'LL USE THE WORD CITED BECAUSE I DON'T HAVE A BETTER WORD TO USE.
IT WAS CITED FOR INAPPROPRIATE BEHAVIOR FOUR TIMES.
HE GOT ONE WARNING, TWO LUNCH DETENTIONS AND A HALF A DAY OF IN-SCHOOL SUSPENSION.
AND LIKE I SAID EARLIER, I HAVE NO ISSUE WITH OUR CHILD BEING DISCIPLINED.
I'M PERFECTLY FINE WITH IF, IF, IF WHAT HAS BEEN SAID IS AS ACCURATE.
AND I TALKED TO MY SON, HE TYPICALLY DOESN'T LIE TO US ABOUT THESE THINGS.
HE OWNS UP TO IT, THEN YES, HE SHOULD BE PUNISHED.
AND I SPECIFICALLY PUT THAT BECAUSE OF THAT FACT.
I KNOW THE OTHER KIDS, OKAY, I COACHED SOCCER, WE KNOW THEIR PARENTS, FOR SIX YEARS SEVEN YEARS.
I KNOW THE PARENTS WERE VERY INVOLVED IN THE COMMUNITY.
AND WHEN I GO AND WE HAVE CONVERSATIONS OR WHEN I HAVE OTHER PARENTS CALLING ME AND SAYING THESE THINGS HAVE HAPPENED, AND PAYTON GOT IN TROUBLE FOR IT AND THEIR OTHER CHILD WAS INVOLVED IN IT. BUT THE ADMINISTRATION CHOOSES NOT TO PUNISH THE OTHER ONES.
YES, MY SON IS BEING TARGETED AND THAT'S WHY I PUT THAT IN THERE.
OKAY. AND EVEN THE TO HAVE ANOTHER PARENT CALL YOU AT THE BEGINNING OF A SCHOOL YEAR AND TO SAY THE SCHOOL ASKED ME IF I WANTED TO PRESS CHARGES ON YOUR SON WITH THE POLICE STATION WHEN THE KIDS ARE 11.
DO YOU AGREE THAT THAT'S SORT OF A SEVERE CONSEQUENCE FOR BOYS SLAPPING EACH OTHER ON THE BUTT WHEN THEY PLAY FOOTBALL? AND BOTH BOYS ADMITTED THEY PLAY FOOTBALL TOGETHER THEY WERE.
WELL, I MEAN, UNFORTUNATELY I DON'T I DON'T HAVE ALL THE PARTICULARS OF THAT.
I DON'T I MEAN, IT'S NOT A DELIBERATION.
YEAH. TRUSTEE JORDAN BUT THAT TO ANSWER YOUR QUESTION OF WHY WE FELT WE FELT LIKE IT'S TARGETING THAT'S WHY.
IT'S THE FACT THAT MAYBE OTHER KIDS THAT DID THE SAME THING DIDN'T GET THE SAME PUNISHMENT.
RIGHT. OR EVEN I HAVE, YOU KNOW, IN THE LAST INCIDENTS WHERE THEY ACCUSED HIM OF RACISM, THE MOTHER OF THE OTHER CHILD, I DON'T WANT TO I DON'T WANT TO TALK ABOUT THAT BECAUSE I DON'T HAVE ANY OF THE PARTICULARS ON THAT.
THAT'S FINE. BUT IT GOES TO THE TARGETING.
THE TARGETING I JUST WANT TO TALK ABOUT THE ALLEGED TARGETING UP TO THIS POINT.
RIGHT. I THINK IT'S THE SEVERITY OF THE CLAIM.
OKAY. WELL, LET'S I'LL GET TO THAT IN JUST A MINUTE.
DO WE HAVE THE VIDEO TO WATCH? CAN WE SEE IT? YEAH.
SOMEONE ELSE MAY ADDRESS THAT.
I DON'T HAVE IT. I MEAN, I'VE WATCHED IT.
ALL RIGHT, SO WE'RE AT THE POINT WHERE THE BOARD IS ASKING QUESTIONS.
SO YOU BOTH COMPLETED YOUR PRESENTATIONS.
SO WE'RE GOING TO PROCEED WITH THE BOARD ASKING QUESTIONS.
OKAY, I WANT TO MOVE ON TO [INAUDIBLE].
I THINK YOU BOTH HAVE HAVE TAKEN ISSUE WITH THE THE ACTION IN THIS CASE.
I WANT TO TALK ABOUT THIS INCIDENT.
NOW. YES. YOU HAVE TAKEN ISSUE WITH THIS BEING YOUR SON'S ACTIONS IN THIS ISSUE BEING CATEGORIZED AS AN ASSAULT.
A SIMPLE ASSAULT WE'LL GET TO THAT ONE IN A MINUTE, THE OTHER ONE IN A MINUTE.
SO THE DEFINITION OF SIMPLE ASSAULT IS I'M GOING TO GO THROUGH THAT.
I'M GOING TO GO THROUGH IT. OKAY. SO IF YOU DO YOU HAVE CISD 292.
SO IT SAYS ASSAULT IS DEFINED IN PART BY PENAL CODE 22.01 IS INTENTIONALLY KNOWINGLY, OR RECKLESSLY CAUSING BODILY INJURY TO ANOTHER, INTENTIONALLY KNOWINGLY THREATENING ANOTHER WITH IMMINENT BODILY INJURY, OR INTENTIONALLY OR KNOWINGLY CAUSING PHYSICAL CONTACT WITH
[01:35:03]
ANOTHER THAT CAN REASONABLY BE REGARDED AS OFFENSIVE OR PROVOCATIVE.OKAY, SO WE DIDN'T ADOPT THE EXACT LANGUAGE OUT OF THE TEXAS PENAL CODE.
SURE. OKAY. SO PURSUANT TO THAT DEFINITION, YOU KNOW, WITH IN THE THIRD THE ASSAULT BY CONDUCT OUR CONTACT WHERE IT SAYS THERE'S REALLY TWO PRONGS.
IT'S INTENTIONALLY OR KNOWINGLY CAUSING CONTACT WITH ANOTHER.
SO WHEN YOUR SON TAPS THE LEG OF THE OTHER BOY, KICKED HIM IN THE BUTT, WHATEVER ULTIMATELY HE DID, HE INTENTIONALLY CAUSED CONTACT WITH THE OTHER BOY.
YOU WOULD AGREE WITH ME THERE, RIGHT? OKAY, YOU.
WE DIDN'T ADOPT THAT THAT THAT YOUR SON HAD TO HAVE ANY KIND OF KNOWLEDGE ABOUT IT.
BUT BUT FROM A REASONABLE PERSON STANDARD.
WOULD A REASONABLE PERSON CONSIDER THAT OFFENSIVE OR PROVOCATIVE? SO I THINK IF, IF THE IF, IF WE WERE TO CONCLUDE THAT HE HE DID KICK THE BOY IN THE BUTT, A REASONABLE PERSON I THINK WOULD YOU AGREE, COULD REASONABLY CONSIDER THAT TO BE OFFENSIVE CONDUCT IF HE KICKED HIM? YES. EVEN TAPPED HIM.
SO EVEN A TAP. BUT HE DIDN'T TAP HIM IN THE BUTT.
WELL, I WOULD NOT AGREE THAT IT'S PROVOCATIVE.
AND I'M GOING TO TELL YOU WHY I DON'T AGREE IT'S PROVOCATIVE BECAUSE IF SOMEONE HAD TAPPED ME ON THE BACK OF MY LEG, ME PERSONALLY, RIGHT? AND I DID NOT KNOW WHO THEY WERE, I WOULD HAVE TURNED AROUND AND SAID, HEY, WHATEVER.
RIGHT. AND THIS PARTICULAR CASE, IF YOU GO LOOK AT THE EMAILS THAT I SENT TO GARY SULLIVAN, I ASKED, DID YOU ALLOW THE CHILD AND PAYTON TO SPEAK TO EACH OTHER? BECAUSE PAYTON WOULD HAVE EASILY APOLOGIZED.
I MEAN, CERTAINLY IF I WEREN'T 11 AND USED TO OTHER KIDS TOUCHING AND PLAYING WITH ME, AND RIGHT.
IF I'M AN ADULT IN THIS WORLD TODAY AND I'M A FEMALE AND A MALE DID IT TO ME, IF I'M AN 11 YEAR OLD BOY AND I'M LEAVING A CAFETERIA LINE AND THEY CONSTANTLY, LIKE YOU SAID, TOUCH AND PLAY AND TOUCH AND AND PAYTON SAID, I THOUGHT I WAS PLAYING WITH MY FRIEND.
RIGHT. OKAY. HE SAYS IT IN HIS INITIAL STATEMENT, SO THERE WAS NO INTENT TO CAUSE HARM.
OKAY. WELL, LET'S LET'S GO OVER THAT BECAUSE THERE DOESN'T HAVE TO BE AN INTENT TO CAUSE HARM.
BUT LET'S GO THROUGH THE TEXAS PENAL CODE.
AND. IT SAYS INTENTIONALLY, KNOWINGLY THREATENS ANOTHER WITH IMMINENT BODILY INJURY, OR IT SAYS INTENTIONALLY OR KNOWINGLY CAUSES PHYSICAL CONTACT WITH ANOTHER PERSON.
LET'S JUST TAKE YOUR SON'S VERSION.
HE THOUGHT HE WAS HE WAS TAPPING A FRIEND AND THEY WERE PLAYING A GAME.
SURE. IN FACT, IN HIS SUPPLEMENTAL STATEMENT, HE STATED THAT, YOU KNOW, HE REMEMBERS THE NAME H BECAUSE HE GAVE HIM THE FINGER, RIGHT? RIGHT, RIGHT.
SO THEY'RE PLAYING A GAME AS BOYS DO, RIGHT? H GIVES HIM THE FINGER.
YES, BECAUSE HE'S INTENDING TO PROVOKE HIM.
RIGHT. HE'S INTENDING TO GET A REACTION OUT OF HIM.
RIGHT. BECAUSE THAT'S PART OF THE GAME, RIGHT? A FRIEND THAT IS DOING IT OKAY, A FRIEND.
AND THEN PAYTON, HE'S LIKE, OKAY, WELL I'M GOING TO ONE UP YOU I'M GOING TO TAP YOU IN THE LEG.
I'M GOING TO TAP YOU IN THE LEG, AND I'M GOING TO PRETEND THAT I DON'T SEE YOU.
THAT'S RIGHT. THAT'S WHAT HE DID.
HE. SO HE INTENTIONALLY TAPPED HIM BECAUSE HE WANTED TO PROVOKE A REACTION.
RIGHT? HE WANTED THE KID TO BE CONFUSED AND NOT KNOW WHO HE WAS.
THAT'S THE FUN. THAT'S THE FUN PART OF THAT GAME.
BUT A HARMLESS REACTION, I UNDERSTAND.
BUT BUT HE WAS INTENDING TO PROVOKE A REACTION.
THAT'S THAT'S THE FUN PART OF THAT GAME.
RIGHT. WELL, LET'S JUST LET'S JUST KEEP GOING.
[01:40:01]
INTENDED IT TO PROVOKE A REACTION.TO PROVOKE A REACTION, BUT NOT BE PROVOCATIVE.
WELL, THE DEFINITION OF OF PROVOCATIVE IS JUST TO INCITE A RESPONSE.
SO ALSO REMEMBERING THAT THESE ARE 11 YEAR OLD BOYS.
I UNDERSTAND, MA'AM, BUT WE'RE JUST WE'RE DEALING WITH THE STRICTURES OF THE STATUTE.
SO HE HE BUT TECHNICALLY HE MET THE STRICTURES OF THE STATUTE.
IF THE OTHER BOY CONSENTED TO PLAY THE GAME.
WELL, YEAH. YOU YOU TECHNICALLY.
YOU KNOW, MEET THE DEFINITION OF ASSAULT.
BUT HE CONSENTED TO IT. SO THERE'S THAT'S A DEFENSE TO IT.
SO IF HE ACTUALLY WOULD HAVE TAPPED H THERE WOULD BE NO PROBLEM.
SO I DON'T KNOW HOW ANYONE CAN AGREE THAT THAT MEETS THE DEFINITION OF ASSAULT BY CONTACT.
HE INTENTIONALLY CONTACTED HIM IN ORDER TO PROVOKE A RESPONSE.
HOW YOU SORT OF SPLICE UP THE WELL, BECAUSE CLEARLY HE INTENDED TO MAKE CONTACT.
SURE. BUT THEN, YOU KNOW, IF WE WANT TO TALK ABOUT THE TEXAS PENAL CODE, WE'RE TALKING ABOUT, WHAT EXACTLY DID HE INTEND? DID HE INTEND PHYSICAL CONTACT THAT COULD REASONABLY BE REGARDED AS.
PROVOCATIVE. WELL, NO, I MEAN, IF YOU WANT.
WELL, I DON'T WANT TO. I DON'T WANT TO DEBATE THAT.
I JUST WANT TO TALK TO THE FACT WITNESSES.
BUT BUT YOUR QUESTION WAS, CAN ANYBODY REASONABLY ARGUE? WELL, THAT'S FOR THE FACTS.
OKAY. SO I GUESS I GUESS I'M A LITTLE CONFUSED THOUGH AS TO THE.
NO, MR. HUTCHINSON, I DON'T I DON'T I DON'T HAVE A QUESTION PENDING RIGHT NOW.
AND BY THE WAY, WE'RE NOT CONCEDING THAT IT WASN'T UNDER THE INTENTIONAL THE FIRST PRONG.
THOUGH, BECAUSE, YOU KNOW, THE DEFINITION OF RECKLESS IS, YOU KNOW, I THINK HE RECKLESSLY, HE INTENTIONALLY OR HE RECKLESSLY CONTACTED.
HE COULD HAVE RECKLESSLY CONTACTED THE BOY HE DID CAUSE UNDER THE DEFINITION OF THE TEXAS PENAL CODE, BODILY INJURY WHICH IS MEANS PHYSICAL PAIN, ILLNESS OR ANY IMPAIRMENT OF CONDITION.
AND I CAN UNDERSTAND THAT IF WE'RE TALKING ABOUT TWO ADULTS.
RIGHT. BUT AGAIN, WE'RE TALKING ABOUT AN 11 YEAR OLD BOY, OKAY.
AND SO I DON'T AGREE THAT HE PROVOCATIVELY TOUCHED THIS BOY.
IT DOESN'T REQUIRE INJURY AND IT DOESN'T REQUIRE, INTENT TO TO INJURE.
DOESN'T IT JUST REQUIRES THOSE TWO THINGS? I THINK WE ALL KNOW WHEN WHEN BOYS ARE HORSING AROUND.
THAT'S NOT ASSAULT BECAUSE THERE'S NO PHYSICAL CONTACT.
BUT HE'S HE'S HE'S INCITING A REACTION.
THE NEXT FRIEND UPS IT TO PHYSICAL CONTACT TO INCITE THE REACTION.
YOU KNOW, AND THEN WE'VE ALL SEEN TIMES WHEN THAT ESCALATES OUT OF CONTROL.
SOMEONE HITS SOMEONE TOO HARD.
NOW THEY SAY, HEY, I'M GOING TO I'M GOING TO PUNCH IN THE NOSE AT AT RECESS.
SO I, I'M NOT ASKING A QUESTION.
WE WANT TO STOP IT AT LEVEL ONE BEFORE IT GETS TO LEVEL THREE.
SO WHEN YOU YOU KNOW, THAT'S WHY THE DEFINITION IS WRITTEN THE WAY IT IS IN MY OPINION.
[01:45:04]
YES. WE HAVE NEVER DENIED THAT.ALL RIGHT. LET ME MOVE QUICKLY TO TO I WANT TO MOVE TO THE THE DESCRIPTION. YOU KNOW, I MOST OF MOST OF WHAT I FEEL THAT YOU'RE YOU GUYS ARE UPSET ABOUT HOW MR. SULLIVAN OR THE ADMINISTRATION DECIDED TO DESCRIBE THE REPORT.
SO ON CISD 33, THAT'S THE VICTIM STATEMENT.
WELL, WE WERE NEVER GIVEN THAT.
GRANTED. WELL, I'M NOT GOING TO SAY HIS NAME.
THE ONLY STATEMENT WE HAVE IS IN THE ROOM.
WELL, I'LL SAVE THAT UNTIL WE GO INTO CLOSED SESSION.
THE ONLY STATEMENT THAT WE HAVE, IF THIS LINES UP WITH WHAT YOU HAVE, IS AV.
ORIGINALLY GUESSED AP WAS PAYTON, BUT CLEARLY THE STUDENT KICKING AND I HAVE A BLANK WAS ON CAMERA.
WELL, THAT'S ALL THE VICTIM STATEMENT SPECIFICALLY CONTRADICTS.
YOU KNOW, YOU KNOW, SOME OF SOME OF OF YOUR POSITION.
SO THE THE OBJECTIONABLE LANGUAGE, THE LANGUAGE THAT YOU GUYS OBJECT TO.
IT APPEARS IN THREE THREE DOCUMENTS.
IT APPEARS IN CISD 11, CISD 12, AND CISD 49.
11 IS THE REPORT LETTER WHERE THEY GAVE YOU THE NOTICE THAT THEY'VE RECEIVED A REPORT.
THIS IS ON FEBRUARY 23RD AND I'M SORRY, FEBRUARY 24TH.
THE OTHER ONES. THE NOTICE OF OSS, THE SAME STATEMENT APPEARS THERE, AND THEN A SLIGHTLY TRUNCATED FORM OF THAT STATEMENT APPEARS ON THE CONCLUSION LETTER IN MARCH 3RD.
AND AGAIN THIS IS I'VE HEARD A LOT OF THAT YOU KNOW, G.
SULLIVAN OR, YOU KNOW, GARY S, WHITNEY W, TAMY S THEY ACCUSED YOUR SON OF THIS ACT. THEY ARE THE ONES THAT ARE ACCUSING.
THAT THIS IS NOT WHAT IT SAYS HERE.
THEY'RE NOT ACCUSING YOUR SON.
THEY'RE SAYING THIS IS WHAT WAS REPORTED TO ME.
THIS IS HOW I CHARACTERIZE WHAT WAS REPORTED TO ME.
ISN'T THAT WHAT THEY'RE DOING? POINT THAT THEY WATCH THAT VIDEO NO.
THEY'RE NOT SAYING WE'VE CONCLUDED THAT HE'S DONE THAT RIGHT.
THEY'RE NOT SAYING THAT WE'VE CONCLUDED THAT THAT HAPPENED.
WHAT THIS LANGUAGE SAYS IS THIS IS THE REPORT WE RECEIVED.
WE RECEIVED A REPORT AND THIS IS HOW WE CHARACTERIZE THE REPORT WE RECEIVED.
ISN'T THAT WHAT WHAT HE'S SAYING? HE ALSO WRITES EMAILS, THOUGH, SAYING HOW BAD IT IS, WHAT PAYTON DID AND IT WAS A SEXUAL ACT.
OKAY. BUT CAN YOU JUST ANSWER? YOU KNOW, HE'S NOT SAYING I ACCUSE YOU OR I'VE, I ACCUSE YOUR SON OF ANYTHING HE'S SAYING THIS IS MY CHARACTERIZATION OF THE REPORT I RECEIVED.
ISN'T THAT WHAT HE DID IN IN THOSE THREE LETTERS? HE ALSO, THOUGH. MA'AM, CAN YOU JUST ANSWER MY QUESTION? I WOULD SAY NO BECAUSE HE COERCED PAYTON TO WRITE THAT STATEMENT.
BUT BUT BUT HE'S BUT HE'S NOT TAKING THAT FROM FROM PAYTON'S STATEMENT.
HE'S TAKING IT FROM THE VICTIM'S STATEMENT.
THE VICTIM SAID, PAYTON, THAT YOU DID THIS.
WELL, I MEAN, WE JUST I MEAN, THE MISS HUTCHINSON DISPUTED THAT OR MISS WALKER.
[01:50:09]
YOU OF THIS ACTION.THAT'S NOT WHAT IT SAYS ON THE PAPER.
IT SAYS THIS IS THE REPORT I RECEIVED.
AND IT'S IT'S ALLEGEDLY HE'S NOT HE'S NOT SAYING THAT HE DID IT AT ALL.
I DON'T HAVE THE PAPER IN FRONT OF ME.
I THINK THEY'RE GRABBING IT RIGHT NOW.
OKAY. BUT I WILL SAY AS A I WOULD EXPECT FROM AN EMPLOYEE OF CARROLL ISD WHERE WE SAY STANDARD OF EXCELLENCE, RIGHT? WE SAY WE ARE SO PROUD OF OURSELVES.
WE ARE EXCELLENT FOR HIM TO EVEN WRITE THAT ON A REPORT THAT CAN STAY IN MY SON'S RECORD FOREVER AND MAKE HIM NOT BE ACCEPTED TO A PRIVATE SCHOOL BECAUSE HE SO-CALLED PENETRATED AN ANUS AND SIMPLY ASSAULTED SOMEONE.
TO DO THAT IS NOT TO HOLD HIM TO THE SAME LEVEL OF EXCELLENCE THAT WE'RE HOLDING OUR STUDENTS TO.
HE IS A GROWN MAN AND HE WATCHED THE VIDEO.
I'LL JUST ASK IT ONE MORE TIME AND THEN I'LL MOVE ON IF YOU'RE NOT GOING TO ANSWER IT.
OKAY. WHAT HE'S SAYING HERE IS I RECEIVED A REPORT, RIGHT.
I THIS IS WHAT THE THE NOTICE OF REPORT LETTER.
HE'S SAYING I RECEIVED A REPORT FROM ANOTHER STUDENT.
AND THIS IS WHAT WAS REPORTED TO ME.
ISN'T THAT WHAT HE SAYS? I'M GOING TO READ IT.
WELL, I'LL JUST READ IT OUT LOUD.
THIS. THIS LETTER IS TO INFORM YOU THAT WE RECEIVED A REPORT ON FEBRUARY 23RD.
DID I READ THAT CORRECTLY? YES, I'M READING IT WITH YOU.
OKAY, SO HE'S NOT ACCUSING HIM OF ANYTHING IN THAT FIRST SENTENCE? NOTHING. HE'S JUST SAYING WE RECEIVED A REPORT THAT HE MAY OR MAY NOT BEEN THE PERPETRATOR OF A BULLYING OR HARASSMENT.
SO HE'S SAYING THIS IS WHAT WAS REPORTED TO ME, NOT I ACCUSE HIM OF THIS.
ISN'T THAT WHAT THE LETTER SAYS? THIS IS WHAT WAS REPORTED.
SO FAR THAT IS WHAT THE LETTER SAYS.
OKAY. AND IT SAYS THE ALLEGED VICTIM WAS VIOLATED BY THESE ACTIONS SO.
AND THAT'S THE ACCUSATORY PARAGRAPH.
OR THAT'S THAT'S THE STATEMENT OF THE REPORT.
THIS IS WHAT HE'S TELLING YOU, IS THIS IS THE REPORT THAT I RECEIVED, RIGHT? HE NEVER SAYS, I ACCUSE YOUR SON OF ANYTHING IN THAT PARAGRAPH.
OKAY. SO AND I UNDERSTAND YOU DISAGREE WITH HOW HE CHARACTERIZED THE REPORT.
I DISAGREE WITH A LITTLE MORE, BUT IT'S FURTHER DOWN.
AND YOU'RE SAYING THAT THAT THE ADMINISTRATION ACCUSED HIM OF DOING THAT? OKAY, BUT CAN WE, THOUGH I'LL TELL YOU.
CAN WE JUST AGREE THAT THEY DIDN'T ACCUSE HIM OF DOING THAT? THEY JUST REPORTED WHAT THEY FELT THE VICTIM SAID TO THEM.
HE SAYS HE VERIFIED WHAT THE WITNESS SAID.
NOW, I CAN'T KNOW WHAT THE WITNESS SAYS BECAUSE THERE'S THIS FERPA THING, BUT I WOULD LOVE TO KNOW.
BUT GARY SAYS HE VERIFIED WHAT THE WITNESS SAID BY THE VIDEO.
OKAY, BUT THE ONLY PLACE, THE ONLY PLACE THIS LANGUAGE APPEARS IS IN THESE THREE LETTERS.
AND ALL HE'S SAYING IS THIS IS WHAT WAS REPORTED TO ME.
CAN WE JUST AT LEAST AGREE ON THAT? THIS IS WHAT HE WAS REPORTING.
SO FAR. YES, THAT IS EXACTLY WHAT HE SAID.
AND THEN I'M SORRY, I DON'T KNOW WHAT WAS REPORTED TO HIM.
OKAY. WELL, HE'S NOT SAYING I HAVE DETERMINED THAT THAT YOUR SON DID THIS.
AND THEN HE LATER SAYS HE REVIEWED THE VIDEO AND CONFIRMED THE WITNESS STATEMENT.
SO I'M CONFUSED VERY CONFUSED WHOEVER AV IS.
[01:55:08]
THIS IS GARY SULLIVAN'S WRITING.THIS IS WHAT I HAVE IN FRONT OF ME.
SO, YES, I'M VERY OFFENDED THAT HE SAID PAYTON DID THIS.
INVESTIGATED THIS AND WE CONCLUDED HE DIDN'T DO IT.
RIGHT. I MEAN, I CAN'T ASK YOU QUESTIONS.
ACCUSED BY ANOTHER CHILD, ACCUSED BY ANOTHER CHILD.
AND GARY SULLIVAN KEPT TELLING US THAT HE DID IT.
HE VERBALLY TOLD US THAT HE DID IT.
AND THEN WHEN YOU MET WITH MISS CARPENTER IN THE LEVEL, THE LEVEL THREE, THE LEVEL TWO HEARING, SHE CHANGED THE LANGUAGE, DIDN'T SHE? SHE SHE CHANGED THE LANGUAGE THAT YOU OBJECTED TO.
WE STILL OBJECTED TO THAT LANGUAGE.
WELL, HE DIDN'T PENETRATE THE CLEFT OF ANY BUTT WITH HIS FOOT.
WELL, SHE SHE ACTUALLY CHANGED THE LANGUAGE TO OR TOUCHED THE CLEFT OF ANY BUTT.
IMPINGED IS WHAT THE LANGUAGE.
I DON'T WHAT DOES IMPINGE MEAN? IT SAYS.
DOES IT NOT MEAN TO TOUCH IMPINGE THE CLEFT OF THE BUTTOCKS? ISN'T THAT WHAT YOU GUYS SUGGESTED? NO, I NEVER SUGGESTED THAT.
I WOULD NEVER SAY THAT HE DID THAT AFTER WATCHING THE VIDEO.
OKAY, WELL, IN IN THE LEVEL TWO CONFERENCE.
HE, HE STATES WHAT MISS SMALKAS SAID.
AND THEN HE SAYS AND WHAT THE PARENTS UNDERSTAND DR.
BUT THAT'S WE'RE NOT DESCRIBING WHAT THE VIDEO SHOWS.
WE'RE DESCRIBING WHAT THE VICTIM ALLEGED.
WE'RE NOT DESCRIBING WHAT THE VIDEO SHOWS.
SO WITH REFERENCE TO WHAT THE COMMENTS THAT, ATTORNEY MARK SAID, THAT WAS ACTUALLY HIM JUST SAYING OF ALL THINGS, WHY WOULD YOU SAY ANAL PENETRATION? WHY WOULDN'T WHY NOT SAY SO SHE, I THINK, MISUNDERSTOOD WHAT HE WAS SAYING AND THEN WROTE IT IN THE REVIEW.
RIGHT. AND IN ANY EVENT, SHE SHE CHANGED.
SHE TOOK THE OBJECTIONABLE LANGUAGE SHE'S DESCRIBING WHAT WAS REPORTED, NOT WHAT ANYBODY WHAT THE ADMINISTRATION ACCUSED. WELL, THE ADMINISTRATION SAID THAT HE KICKED IN THE MIDDLE OF THE BUTT.
RIGHT? I THINK THAT'S WHAT THEY CONCLUDED.
I THINK THAT'S WHAT THEY CONCLUDED WITH THE SIMPLE ASSAULT, TOO.
OKAY. AND THAT'S THAT'S THAT'S AND THAT'S WHAT WE'RE HERE TO DECIDE, RIGHT? BUT THEN IN ALL THOSE THREE LETTERS THEY WERE.
ALL THE LETTERS THAT THAT TALKED ABOUT PENETRATING THE ANUS.
STILL VERY HARMFUL TO A CHILD TRYING TO GET INTO PRIVATE SCHOOL.
I GUESS AT THE END OF THE DAY, AND I KNOW THIS ISN'T YOUR QUESTION, BUT THAT'S NOT WHY WE'RE HERE.
I DON'T KNOW, I MEAN, I DON'T KNOW THAT THAT THE PRIVATE SCHOOL HAS SEEN THESE LETTERS.
ARE YOU SAYING THAT THAT CARROLL ISD SENT THESE LETTERS TO THE PRIVATE SCHOOL? THE ONLY THING THAT THEY GOT, TO OUR KNOWLEDGE IS HIS DISCIPLINARY RECORD, WHICH HAS NO CONTEXT TO ANYTHING ON IT.
AND, OKAY, SO NOBODY IS SEEING THESE LETTERS OTHER THAN YOU AND WHOEVER YOU SHOWED THEM TO.
NO. CARROLL ISD [INAUDIBLE] I DON'T KNOW WHAT CARROLL ISD SAYS.
SO IF XYZ SCHOOL CALLS AND SAYS, HEY, WE GOT WE'RE INTERESTED IN STUDENT X, CAN YOU SEND US OVER THEIR RECORDS? I HAVE NO IDEA WHAT'S SENT.
IN ANY EVENT BUT NO ONE WOULD HAVE EVER KNOWN ANYTHING THAT WAS IN THESE LETTERS OR SEEN THESE LETTERS, YOU KNOW, BECAUSE THE LETTERS WENT ONLY TO YOU.
CORRECT. THAT'S THE ONLY PEOPLE THAT CISD SENT THESE LETTERS TO.
I DON'T KNOW WHAT CISD HAS DONE.
DO YOU HAVE ANY EVIDENCE THAT CISD SENT IT TO ANYBODY ELSE? I MEAN, HONESTLY, I DON'T TRUST THESE PEOPLE.
OKAY, BUT LET'S JUST FOCUS LET'S FOCUS ON THE LETTERS, THE LETTERS THAT HAD THE OBJECTIONABLE LANGUAGE IN IT.
[02:00:03]
EXCEPT FOR A VERY FEW PEOPLE IN ADMINISTRATION.AND YOU GUYS AND OUR CHILD, OKAY.
OUR CHILD WAS VERY HARMED BY THEM.
OKAY. AND SO YOU DECIDED TO SHOW THEM TO HIM? NO, NO, NO, GARY SULLIVAN TOLD HIM THAT HE DID THIS.
BUT HE DIDN'T SEE THE LETTERS UNLESS YOU SHOWED THEM TO HIM.
NO, I WOULD NEVER SHOW MY CHILD.
I WOULD DISAGREE WITH YOU ON THAT FOR THIS SINGLE REASON.
SO WE DID NOT DISCUSS THE ALLEGATIONS PRESSED ON PAYTON WITH RESPECT TO THOSE LETTERS.
OUR SON CAME HOME AND WAS TOLD US TOLD US THAT HE HAD FRIENDS, THAT HE WAS CALLING HIM GAY AT SCHOOL BECAUSE THEY WERE ASKING QUESTIONS ABOUT HIM TOUCHING ANOTHER CHILD'S BUTT, WHICH IS WHY WE SAID THAT GARY SULLIVAN WAS ASKING QUESTIONS ABOUT PAYTON TOUCHING ANOTHER CHILD'S BUTT.
OKAY, SO YOU'RE GOING ON WHAT PAYTON TOLD YOU, BUT BUT MY MY SIMPLE POINT IS THE VERY OBJECTIONABLE LANGUAGE THAT YOU YOU FIND IN THE LETTERS. NO ONE WOULD HAVE KNOWN ABOUT THAT UNTIL YOU BROUGHT IT OUT IN PUBLIC COMMENTS.
WE KNOW ABOUT SIMPLE ASSAULT, THOUGH.
OKAY, BUT BUT THE GENERAL PUBLIC DOESN'T KNOW ABOUT THAT.
ONLY PEOPLE IN THE ADMINISTRATION KNOWS ABOUT THAT.
BUT YOU GUYS SIT RIGHT AT THE PODIUM, AND YOU, YOU YOU DETAILED ALL THE ALLEGATIONS IN PUBLIC.
YES. BECAUSE THIS IS WHAT MY SON IS GOING THROUGH.
BECAUSE STUDENTS HAVE TOLD HIM THAT HE'S TOUCHING OTHER KIDS BUTTS.
BUT CISD DIDN'T MAKE THAT PUBLIC.
YOU GUYS CHOSE TO MAKE IT PUBLIC.
THE ASSISTANT PRINCIPAL, GARY S, MADE IT PUBLIC BY QUESTIONING THE OTHER STUDENTS.
AND YOU HAVE EVIDENCE OF THAT TO PRESENT? OF COURSE NOT. BUT THE SAME EVIDENCE THAT I COULD I COULD HAVE EVIDENCE OF KIDS SAYING IT.
OKAY. I WANT TO MOVE ON TO ONE LAST TOPIC.
YOU KNOW, YOU'RE YOU'RE UPSET THAT THAT THERE WAS A RECORD MADE TO TO CPS.
DO YOU KNOW THE REPORTING REQUIREMENTS THE STATE OF TEXAS HAS FOR CHILD ABUSE? I MEAN, I MEAN, I'VE BEEN THROUGH THE SAME TRAINING THAT THE ADMINISTRATORS HAVE TO GO THROUGH.
AND I ASSUME YOU WATCHED THE VIDEO.
OBVIOUSLY, NOW I KNOW THAT YOU DON'T KNOW THE ALLEGATIONS THAT WERE MADE BY THE VICTIM.
THE ALLEGATIONS THAT WERE MADE BY THE VICTIM THAT COULD BE A REASON WHY YOU KNOW, MR. S REPORTED IT.
AND THEN I THINK EVEN EVEN IN IN YOUR LEVEL ONE, MR. HUTCHINSON, YOU SAID THAT YOU KNOW BASED ON THE ALLEGATIONS THAT THAT MR. S IS DESCRIBING YOU SAID, YOU KNOW, INSTEAD OF COMING AFTER MY SON FOR SOMETHING SO RIDICULOUS, MAYBE THEY SHOULD HAVE CALLED CPS TO FIND OUT WHAT'S GOING ON IN THAT KID'S HOME.
BEFORE YOU KNEW THERE WAS A A REPORT TO CPS, YOU SUGGESTED.
HEY, MAYBE CPS SHOULD BE INVOLVED BASED ON THE ALLEGATIONS THAT ARE GOING ON HERE.
THAT'S CORRECT. SO THAT WAS A CONVERSATION THAT ASHLEY AND I HAD HAD BECAUSE YES. SO WE DON'T KNOW WHY MR. S CONTACTED CPS.
BUT WE DO KNOW THAT HE'S A HE'S A REPORTER, A REQUIRED REPORTING PERSON.
HE'S GOT 48 HOURS TO TO REPORT AND ALL THE TRAINING SAYS IF YOU'RE IN DOUBT YOU GOT TO REPORT IT OR ELSE YOU YOU'RE SUBJECT TO TO CIVIL AND CRIMINAL PENALTIES. HE ALSO ASKED THE PARENTS IF THEY WANTED TO PRESS CHARGES ON MY SON, BUT NEVER ASKED MY SON IF HE WANTED TO PRESS CHARGES BECAUSE IT'S CRIMINALLY YOU CANNOT ACCUSE SOMEONE OF RAPE WHEN IT DIDN'T HAPPEN.
YOU CAN BE PROSECUTED AND FINED.
AND I DO WHAT I SAID BEFORE STILL STANDS.
AND I HOPE THAT THAT YOU GUYS, YOU KNOW, GET PAST THIS AS SOON AS POSSIBLE.
I HAVE SOME QUESTIONS PROBABLY FOR ADMINISTRATION AND COUNCIL.
AND THEN I WANT TO TALK ABOUT THE VIDEO WITH YOU ALL, IF THAT'S OKAY.
HAS MR. AND MRS. [INAUDIBLE] MR. AND MRS. HUTCHINSON BEEN TOLD ABOUT WHAT HAPPENED AFTER THE KIDS LEFT THE CAFETERIA? LIKE WHAT WAS THE PROCESS WHEN THE ALLEGED VICTIM CAME TO ADMINISTRATION TO REPORT WHAT HAD HAPPENED? BECAUSE THAT'S NOT ON THE VIDEO.
[02:05:01]
SO SOME OF IT YOU ABSOLUTELY CAN KNOW, AND I INTEND ON TELLING YOU IF WE GO TO CLOSED SESSION.NO, THEY DON'T KNOW.WHAT HIS EMOTIONAL STATE WAS? I THINK WE PREFER TO I DO FEEL LIKE THAT WAS ADDRESSED IN THE INITIAL PHONE CALL THAT I WITNESSED.
ON WHAT PAGE IS IT? THERE'S ONE. THERE'S ONE PAGE WHERE IT SAYS THAT.
ARE WE ALLOWED TO SAY THAT? WHEN YOU TOLD HER WHAT HAPPENED AND [INAUDIBLE] WITH HER SON, THE ALLEGED VICTIM'S PARENT .
WE'LL INVITE YOU IN WHEN WE'RE READY.
CAN YOU CAN YOU EXPLAIN WHY CPS WAS CALLED AND THE PARENTS WEREN'T TOLD? WHAT IS THE PROCESS FOR THAT? AS MANDATED REPORTERS ANY TIME THERE'S A SUSPICION WHAT WE TELL AND WHAT WE'VE BEEN TRAINED IS THAT IT'S NOT OUR JOB TO INVESTIGATE, IT'S OUR JOB TO REPORT, AND THEN IT'S THE JOB OF CPS TO GATHER MORE INFORMATION.
AND I WOULD ALSO ADD THAT UNDER THE REPORTING LAWS, THE REPORTER IS ACTUALLY CONFIDENTIAL.
OKAY. SO THEN THE PARENTS CAN'T KNOW SO THEY DON'T HAVE ANY IDEA.
OKAY. I'M GOING TO I'M GOING TO TALK ABOUT THE VIDEO FOR JUST A SECOND.
AND I APPRECIATE Y'ALL BRINGING THIS TO US.
I WAS ABLE TO ENHANCE IT AND PUT IT IN SLOW MOTION.
AND AT THE VERY BEGINNING OF THE VIDEO, THERE IS A GROUP OF BOYS TO THE LEFT THAT YOUR SON IS WITH, AND HE ACTUALLY GOES TO SLAP ANOTHER KID IN IN THE PRIVATE AREA IN THE FRONT.
YOU CAN TELL THEIR FRIENDS THEY'RE GOOFING AROUND, BUT THAT'S WHAT HE DOES THE KID JUMPS BACK.
HE THEN TURNS AROUND AND HE WALKS UP BEHIND THE KID WITH THE LUNCHBOX ON HIS HEAD, AND HE DOES SOMETHING WITH HIS ARM. YOU CAN FLAT OUT SEE HIS SHOULDER BEND DOWN.
AND ALL PAYTON DOES IS THIS HE JUST LOOKED TO THE SIDE, BUT THEY HAVE A POINT OF EYE CONTACT.
I CAN SEE HIS FRIEND START WALKING TOWARDS HIM ON THE SIDE.
I SEE YOUR SON REAR BACK AND KICK THE KID IN FRONT OF HIM.
THE KID TURNS AROUND ABOUT HALFWAY.
I SEE HIS FRIEND WALK, HIT YOUR YOUR SON ON THE SHOULDER AND GET IN FRONT OF HIM.
YOUR SON MOVES RARES BACK AGAIN, KICKS THE KID.
THE KID LOOKS AT HIM IN THE FACE.
THEN HE REARS BACK AND KICKS HIM AGAIN, AND THE KID LOOKS AT HIM IN THE FACE.
AND THEN WHEN HE GOES TO KICK HIM AGAIN, THEY LEAVE.
AND I THINK WHEN I'M LOOKING AT ASSAULT, YOUR SON WAS INTENTIONAL FROM THAT VIDEO.
AND THAT MAKES ME SAD BECAUSE I HAVE A SIXTH GRADER AND THERE IS BULLYING GOING ON IN SIXTH GRADE.
AND IT HURTS. AND IT'S IT'S HORRIBLE.
DO I THINK YOUR SON'S A BAD KID? I DON'T I DON'T KNOW YOUR KID, BUT THAT WAS AN INTENTIONAL ACT THAT HE DID.
HIS FRIEND TRIED TO STOP HIM AND GET IN FRONT.
AND MAYBE Y'ALL NEED I DON'T KNOW WHAT THE RULE IS FOR Y'ALL TO WATCH THE VIDEO WE ASKED TO REWATCH IT.
I DON'T KNOW WHAT THE RULE IS.
I DON'T KNOW WHAT THE RULE IS, BUT THAT'S WHAT I SAW WHEN I WATCHED THE VIDEO.
AND SO IN MY OPINION, WHEN I'M WHEN I'M LOOKING AT THAT, IT LOOKS LIKE AN INTENTIONAL ASSAULT.
SO WHAT WE SAW WAS ON A SCREEN ABOUT THIS BIG I KNOW IT'S VERY, VERY HARD TO SEE.
I, I COULDN'T EVEN TELL WHO THE KIDS WERE WHEN IT WAS REGULAR.
SO I WAS ABLE TO SLOW IT DOWN AND WATCH IT IN SLOW MOTION.
AND I THINK THAT'S IMPORTANT FOR YOU ALL TO SEE.
SO FROM YOUR PERSPECTIVE, HE DID THERE'S NOT NO DELIBERATION WE'RE NOT ASKING ANY QUESTIONS OF TRUSTEE STACY.
TRUSTEE STACY ARE YOU, DO YOU HAVE MORE? NO I THINK MY QUESTIONS ARE I REALLY.
I DON'T KNOW WHAT THE ALLEGED VICTIM'S STATE OF MOTION OF EMOTION WAS WHEN HE CAME.
I DON'T KNOW WHAT THE THE ORDER OF STEPS THAT, THAT HE CAME TO WHICH ADMINISTRATOR.
[02:10:02]
WHAT HE DID AS SOON AS THEY LEFT THE LUNCHROOM.I WOULD ACTUALLY LIKE TO KNOW THAT.
I WOULD BE HAPPY TO SHARE THAT WITH YOU.
OKAY. THANK YOU TRUSTEE STACY.
I KNOW THIS IS A VERY DIFFICULT SITUATION, AS WE'VE ALREADY RECOUNTED.
I PERSONALLY ALSO HAVE A STORY THAT IS VERY SIMILAR.
I WAS PROBABLY IN FIFTH OR SIXTH GRADE, AND ONE OF MY FRIENDS WAS KICKING ME IN THE BUTT.
AND AND DIRECTED IT TO ONE OF HIS FRIENDS, AND, HE KICKED ME TWICE.
AND ON THE SECOND TIME I SAID, YOU KNOW WHAT? IF THAT HAPPENS AGAIN I'M GOING TO TURN AROUND AND KNOCK HIM OUT.
I TURNED AROUND AND KNOCKED HIM OUT, SO FORTUNATELY THAT DIDN'T HAPPEN IN THIS SITUATION.
BUT IT WAS CERTAINLY HARASSMENT, FOR FROM THAT SITUATION.
BUT I REMEMBER THAT STORY VERY VIVIDLY EVEN TO THIS DAY.
WE'RE FACEBOOK FRIENDS. SO, BUT IT DID, YOU KNOW, YOU DON'T FORGET THOSE THINGS, SO.
I DO HAVE SOME QUESTIONS, HOWEVER, FROM A PROCEDURAL STANDPOINT.
WHEN? WHEN DID THE VIDEO GET REVIEWED BY THE DISTRICT? AND WHO REVIEWED IT? MR. SULLIVAN WAS THE ORIGINAL ONE TO VIEW IT.
IT WAS REVIEWED THE NEXT MORNING.
WE HAD A VERY HARD TIME LOCATING IT AND SEEING IT AND UNDERSTANDING THE PICTURE AT FIRST.
SO. SO THE ALLEGED INCIDENT HAPPENED ON THE 23RD.
THE VIDEO WAS VIEWED ON 23RD OR 24TH.
I DON'T HAVE THE DATE. IT WAS THE FOLLOWING MORNING, SO THIS HAPPENED AT LUNCH, AND THEN THE NEXT MORNING WAS WHEN WE WERE ABLE TO GET WITH OUR OFFICER TO ZOOM IT IN AND TO REALLY BE ABLE TO HAVE A BETTER UNDERSTANDING OF WHAT WAS TAKING PLACE.
AND MR. SULLIVAN SAW THE VIDEO, A COUPLE DAYS BEFORE I WAS LOOPED INTO THAT.
AND THEN WHEN WAS CPS NOTIFIED? WE'RE NOT SUPPOSED TO.
THAT'S CONFIDENTIAL INFORMATION FOR DISCLOSURE.
OKAY, SO ON THE 23RD WHEN THE ALLEGED INCIDENT HAPPENED.
SO THE AND THEN WE STILL USE THE TERM PENETRATING ANUS.
WE HAVE A REPORT OF AN INCIDENT WHERE SOMEONE FEELS SOMETHING.
AND I GET THAT THAT IS SERIOUS AND MUST BE TAKEN AND HANDLED AS SUCH.
BUT ONCE WE DID THAT ON THE 24TH WE WOULD HAVE A PRETTY GOOD IDEA OF WHAT HAPPENED.
NOT NOT WHAT WAS JUST REPORTED, BUT WHAT WHAT ACTUALLY HAPPENED? MR. SULLIVAN STARTED ON THE 24TH AND THEN CONTINUED TO PULL WITNESSES.
BUT AT THAT POINT WE HAD A CLEAR VIDEO.
I DON'T KNOW THAT IT'S EVER BEEN TRULY CLEAR, SO I HAVEN'T [INAUDIBLE]. SO WE CANNOT SAY WHEN CPS WAS NOTIFIED.
[02:15:04]
OR MANDATORY REPORTING.AND ALL TEACHERS, ALL EDUCATORS ARE MANDATORY REPORTERS UNDER THE FAMILY CODE.
AND SO IF YOU HAVE A REASONABLE SUSPICION THAT ABUSE HAS OCCURRED AND YOU HAVE TO REPORT WITHIN 48 HOURS, AND THEN THAT REPORT IS CONFIDENTIAL AND THERE'S A CPS NUMBER THAT'S USUALLY TAKEN DOWN THAT WAY, YOU CAN REFERENCE BACK TO IT TO ESSENTIALLY REFLECT THAT YOU DID COMPLY WITH YOUR DUTY.
AND THEN FROM THAT POINT, YOU'VE COMPLIED WITH YOUR DUTY AND CPS TAKES IT OVER FROM THERE.
AND BUT AS I MENTIONED EARLIER, IT'S A CONFIDENTIAL REPORT.
SO IT BUT IT AT LEAST HAD TO BE BY MIDDAY ON THE 25TH SO.
OKAY. AND SO WITH THE MANDATORY REPORTING REQUIREMENTS IF THE VIDEO WERE REVIEWED W OULD THAT CONSTITUTE THE THE MANDATORY WOULD THAT MAKE A BREACH OF A MANDATORY REPORTING THRESHOLD? OR MANDATE REPORTING.
WE WOULD HAVE TO ASK MR. SULLIVAN WHY HE MADE THE REPORT, BUT IF I HAD TO GUESS, HE MADE THE REPORT OFF OF THE VICTIM'S REACTION AND STATEMENT AND WHAT WAS TOLD TO HIM ON THE AFTERNOON OF FEBRUARY 23RD.
THANK YOU. AND SO MR. AND MRS. HUTCHINSON YOU SAID THAT KIND OF SHIFTING GEARS HERE A LITTLE BIT, BUT YOU SAID THAT THE POLICE WERE CALLED OR YOU WERE FORCIBLY REMOVED.
HOW MANY TIMES DID THIS HAPPEN IN YOUR.
WE WERE WALKED OUT BY THE SRO OFFICER AND TOLD US WE COULD NOT STAY IN THE LOBBY THREE TIMES.
AND ONE TIME. DID YOU HAVE AN APPOINTMENT AT THOSE? YES. ONE TIME I WAS ACTUALLY IN A MEETING WITH WHITNEY WHEELER, AND I ASKED GARY SULLIVAN IF HE KNEW THAT PAYTON WAS A 504 STUDENT.
AND THEN, I ASKED HIM IF WHAT WAS HIS ROLE WITH 504 STUDENTS.
AND THEN WHITNEY WHEELER KICKED ME OUT OF THE MEETING.
I DIDN'T THINK THERE WAS ANYTHING TO BE CONCERNED ABOUT.
THE SRO OFFICER TOLD ME I SAW THE VIDEO I DIDN'T THINK THERE WAS ANYTHING TO BE CONCERNED ABOUT.
SO SHE KICKED ME OUT OF THE MEETING FOR ASKING GARY SULLIVAN THE QUESTIONS ABOUT THE 504 PLAN.
AND THEN WHEN OFFICER WORMLEY CAME UP, SHE ENDED THE MEETING WITH MARK.
I DIDN'T SAY IT COULDN'T BE CONSIDERED SIMPLE ASSAULT AS WE WERE BEING LIKE AS WE WERE WALKING TOWARDS THE DOOR TO LEAVE KIND OF THE ADMINISTRATIVE OFFICE AREA. AND THAT'S WHEN HE KIND OF FOLLOWED US OUT OF THE WHOLE ADMINISTRATION THING.
AND HE SAID, JUST MAKE SURE YOU MAKE YOUR PRESENTATION WITH THE CISD BOARD.
SO AT WHAT POINT DID THE ALLEGED VICTIM'S PARENT OR DID THE LIKE, DID THE ALLEGED VICTIM'S PARENT REQUEST ANY REMEDY OR ANY PUNISHMENTS OR ANYTHING LIKE THAT? NO. MY UNDERSTANDING IS, IS THAT IT WAS REPORTED TO THE ALLEGED VICTIM'S PARENTS AND THEY OPTED NOT TO TAKE ANY, OR, I GUESS, FILE ANY CHARGES. DID THEY DO YOU KNOW WHEN THAT HAPPENED? APPROXIMATELY. I DO NOT KNOW THE TIMELINE OF WHEN THEY WERE SPEAKING WITH THE POLICE DEPARTMENT AND MAKING THOSE KINDS OF DECISIONS? ADMINISTRATION WOULDN'T HAVE NECESSARILY BEEN PRIVY TO THAT.
WHO KEEPS TRACK OF THE COMMUNICATION LOG WITHIN THE DISTRICT.
IS IT ONE PERSON OR IS IT MULTIPLE? WHICH COMMUNICATION LOG? THE BATES NUMBER CISD 025.
25. SO THAT WOULD HAVE BEEN MR. SULLIVAN'S NOTES AS HE WAS GOING THROUGH AND DOING THE INVESTIGATION, AND TO MAKE SURE THAT HE WAS PROPERLY DOCUMENTING WHO HE WAS SPEAKING WITH, WHO HE WAS NOTIFYING, MAKING SURE THAT ALL OF THE THE CHECK MARKS WERE BEING CHECKED, IF YOU WILL, ON THE BULLYING HARASSMENT CHECKLIST.
AND SO THAT'S JUST GOOD DOCUMENTATION ON THE PART OF ADMINISTRATION.
I'M RUNNING OUT OF QUESTIONS, BUT MR. AND MRS. HUTCHINSON WHEN YOU SEE THE VIDEO, WHEN YOU KNOW YOUR CHILD, WHAT DO YOU THINK?
[02:20:04]
AND THIS IS AN OPINION QUESTION.YOU CAN YOU DON'T HAVE TO ANSWER IT.
DO YOU THINK THAT THE DISTRICT, NOTWITHSTANDING THE FOLLOW ON ISSUES, DO YOU THINK THE DISCIPLINE THAT WAS ASSIGNED WAS APPROPRIATE? LEG, AND I WAS TOLD BY THE SRO OFFICER THAT HE DIDN'T SEE ANYTHING WRONG WITH WHAT PAYTON DID.
WE WERE ALLOWED TO VIEW THE VIDEO ONE TIME AND IT IS SECONDS.
AND WHERE THE ISSUE CAME IN TO ANSWER YOUR QUESTION, I CALLED GARY THAT MORNING.
I WROTE AN EMAIL TO HIM AND Y'ALL MAY OR MAY NOT HAVE IT, I DON'T KNOW, BUT I CALLED HIM AT 9:20 IN THE MORNING AND I SPECIFICALLY ASKED HIM, I SAID, ARE WE TRYING TO DETERMINE IF PAYTON KICKED THE CHILD? MR. SULLIVAN SAID HE DID KICK THE CHILD.
I ASKED IF PAYTON KICKED OR TAPPED HIM.
MR. SULLIVAN RESPONDED, IT DEPENDS ON YOUR DEFINITION.
PAYTON DIDN'T REAR BACK AND KICK HIM, BUT HE DID TOUCH HIM WITH HIS FOOT.
I NEVER RECEIVED A RESPONSE TO THIS EMAIL.
BUT AT THAT POINT IN TIME, THE VIDEO HAD BEEN REVIEWED, AND IF IT HAD SAID ON THERE THAT MY SON HAD KICKED HIM, THAT'S ONE THING, RIGHT? AND WE COULD DISPUTE THAT AND ASK TO SEE THE VIDEO OR WHATEVER.
BUT WHAT'S BEEN SO EGREGIOUS ABOUT ALL THIS IS IT'S TAKEN THIS LONG, RIGHT? I MEAN, HERE WE ARE 11 MONTHS LATER.
I'VE BEEN ESCORTED OUT OF A BUILDING THREE TIMES.
THE WAY THAT THEY HANDLED THIS, THE WAY THAT THEY THEY THEY JUST TOSSED US OFF TO THE SIDE.
AND THAT'S WHAT IT FEELS LIKE.
MY ISSUE IS THAT WE ARE PAYING THESE PEOPLE TO TAKE CARE OF OUR CHILDREN.
AND YOU HAVE OTHER PARENTS THAT HAVE COME IN AND COMPLAINED.
YOU HAVE PARENTS THAT DON'T HAVE THE TIME TO COMPLAIN.
AND WE SIT HERE AND WE TALK AND WE TALK, AND I ASK TO SPEAK, AND I CAN SHOW YOU DOZENS OF EMAILS AND FOR THEM TO I JUST AND I WOULD, I WOULD JUST LIKE TO SAY, AS THE PARENT OF THE CHILD OF THE WHEN GARY SULLIVAN CALLS HIM THE PERPETRATOR IMMEDIATELY OUT OF THE BOX, YOU KNOW, HE YOU KNOW, I WATCHED THE VIDEOS.
IT CONFIRMS THE VICTIM'S STATEMENTS.
HE SAYS THAT IN THIS DOCUMENTATION.
AND TO THE DEGREE THAT THEY EXIST, IT MAY BE QUESTIONABLE, BUT, SO. A COUPLE MORE QUICK QUESTIONS AND I'M DONE.
SO HOW MANY HOW LONG HAS YOUR SON BEEN ON A 504? FIFTH GRADE, THE BEGINNING OF FIFTH GRADE.
AND I'M GOING TO ASK THIS TELL ME IF I CAN'T, BUT HOW MANY REVIEWS OR HAVE BEEN HAVE YOU HAD ? WE HAD THE 2 OR 3 THAT WAS REQUIRED IN FIFTH GRADE.
THERE WAS ONE AT THE BEGINNING OF SIXTH AND THERE WAS NO MORE AFTER THAT.
AND THEY WOULDN'T SCHEDULE THE MEETINGS.
WE WOULD EMAIL THE COUNSELOR AND SHE KIND OF JUST WOULDN'T RESPOND.
THERE ARE EMAILS EVEN TO WHITNEY OR WHITNEY SAYS I DON'T WANT TO GET INTO THE DETAILS OF THAT.
CONSIDERED WHEN DISCIPLINE WAS ASSIGNED? SO WHEN WE'RE LOOKING AT SECTION 504 AND YOUR ASSERTING ANY KIND OF DISCIPLINE.
THE ONLY WAY THAT DISABILITY COMES INTO ONE OF THE FACTORS THAT YOU LOOK AT UNDER CHAPTER 37 IS IF A STUDENT HAS A DISABILITY THAT PREVENTS THEM FROM UNDERSTANDING RIGHT FROM WRONG, SO THAT SECTION 504 AND THAT WOULD NOT HAVE BEEN CONSIDERED AS PART OF IT, BECAUSE HIS DISABILITY DOESN'T PREVENT HIM FROM UNDERSTANDING RIGHT FROM WRONG.
AND SO THEN THE ONLY WAY YOU GET TO A SECTION 504 MEETING, AND IF A STUDENT HAS A DISABILITY AND IS BEING REMOVED OUT OF PLACEMENT, IS IF THAT STUDENT IS BEING REMOVED OUT OF PLACEMENT FOR MORE THAN TEN DAYS.
SO THE SECTION 504 ISSUE, I MEAN, THEY MIGHT HAVE DISCUSSED IT, BUT FROM A LEGAL STANDPOINT, AGAIN, THE ONLY TIME YOU CONSIDER DISABILITY IS IF THEY HAVE A DISABILITY THAT PREVENTS THEM FROM UNDERSTANDING RIGHT FROM WRONG.
[02:25:02]
SO AN EXAMPLE OF THAT WOULD BE AN INDIVIDUAL WHO HAS AN INTELLECTUAL DISABILITY, MAYBE A STUDENT WHO HAS DOWN SYNDROME.THANK YOU. NO FURTHER QUESTIONS.
ONE OF THE THINGS THAT WE'VE BEEN TRYING TO DO AS A BOARD AND FOR THE TIME THAT I'VE BEEN HERE IS TO MAKE SURE THAT THE PROCESS IS BEING FOLLOWED AND THERE ARE ACCUSATIONS ABOUT THE ADMINISTRATION, PRINCIPALS NOT FOLLOWING THE PROCESS.
AND, AND SO WE'VE HAD TRUSTEES TALK ABOUT THE INCIDENTS AND, AND WHATNOT.
BUT I'D LIKE TO JUST REVIEW SO THAT EVERYBODY AND I CAN UNDERSTAND.
AND I'VE READ EVERY SINGLE PAGE.
AND AGAIN, I'M SURE HE'S A WONDERFUL SON.
I WAS I WAS A SIXTH GRADE BOY.
I'D LIKE TO JUST GO OVER TO MAKE SURE THAT THAT GRIEVANCE AND I'VE READ IT ALL, BUT I'D LIKE TO HAVE THIS TIMELINE REPEATED AND I THINK YOU DID IT EARLIER. PLEASE, MISS WALKER.
ABSOLUTELY. GIVE ME ONE SECOND.
WHEN THAT FIRST GRIEVANCE WAS FILED.
HOW QUICKLY THEN ACTION WAS TAKEN.
THEN THE THE SECOND GRIEVANCE AND IN PARTICULAR WITH THE SECOND GRIEVANCE.
AND WHY, I ASK THIS IS IT SEEMED LIKE TO ME THAT A LOT OF WHAT YOU HAD ASKED FOR IN THAT SECOND AND THAT GRIEVANCE WAS MET.
AND WE'VE HEARD DIFFERENT THINGS ABOUT, HEY, WAS THIS STATEMENT CHANGED? WAS THIS FILE DESTROYED? AND AND I JUST WANT TO MAKE SURE BECAUSE I DON'T WANT YOU MAKING ALLEGATIONS AND THEN THE FACTS SAY SOMETHING ELSE.
I DON'T LIKE SOMEBODY SAYING THIS AND THAT.
I NEED TO KNOW WHAT'S REALITY.
OKAY. BECAUSE YOU'RE MAKING SERIOUS ACCUSATIONS AND WE AS A BOARD, WE'RE HERE.
IT'S OUR DUTY TO MAKE SURE THEY'RE DOING IT THE RIGHT WAY, TIMELY.
AND IF THIS IS AN ISSUE, THEN WE GOT TO DEAL WITH IT.
OKAY. SO I JUST NEED TO KNOW I'D LIKE TO KNOW THE TIMELINE SO THAT I CAN COME UP.
AND MY MY COLLEAGUES HERE, TRUSTEES CAN SAY, WAS THIS DONE BY THE BOOK TIMELINE? THERE'S ONE PARTICULAR THING, AND WE'VE HEARD THIS FROM OTHER PARENTS OVER THE LAST COUPLE OF YEARS THAT I'VE BEEN UP HERE ABOUT 504.
AND I APPRECIATE THE THE EXPLANATION ABOUT HOW THAT, CAN AFFECT DISCIPLINE, BECAUSE THIS IS SOMETHING WE TAKE VERY SERIOUSLY. THERE ARE A LOT OF KIDDOS THAT HAVE 504 ACCOMMODATIONS.
AND THESE NOTES, I WENT BACK TO IT.
AND, AND I'M KIND OF BIG INTO BUSINESS, LIKE HOW LONG IT TAKES TO GET BACK.
DO YOU DISPUTE THAT AT ALL? I WOULD HAVE TO LOOK AT THE EMAILS.
I DON'T ACTUALLY HAVE THOSE EMAILS IN FRONT OF ME, BUT WHAT YOU REMEMBER, I CAN TELL YOU WHAT I REMEMBER IS THE BEGINNING OF THE SCHOOL YEAR WE REQUESTED A MEETING WITH THE DISTRICT. WITH WITH THE SCHOOL, THE SCHOOL.
SO THE COUNSELOR, THE PRINCIPALS, VICE PRINCIPALS.
AND WE DIDN'T GET OUR MEETING UNTIL END OF OCTOBER, NOVEMBER, MIDDLE OF NOVEMBER.
AND I WISH YOU LUCK IN HOW YOU CAN TREAT THAT.
I'M JUST LOOKING AT THIS INFORMATION THAT'S BEEN SENT.
MISS BONNER. YES. OKAY, I DON'T SEE ACTUALLY, MISS BONNER ON THAT REQUEST.
I SEE ANOTHER PERSON'S NAME ON THAT MISS STORY.
OKAY. OKAY. AGAIN, I'M VERY INTERESTED IN HOW QUICKLY AND...
I THINK WE REQUESTED THE MEETING FOR HIS 504 AFTER THE ALLEGATION OF SEXUAL HARASSMENT TOOK PLACE.
[02:30:02]
SO THE SCHOOL WASN'T SETTING UP A MEETING.AND SO MISS BONNER WAS THE ONE I THINK THAT IF I'M I MEAN, THIS WAS A YEAR AGO.
YEAH. I'M JUST SAYING, IT LOOKS LIKE YOU GUYS TO ME AGAIN.
I'M JUST READING THIS, THIS CHAIN OF EMAILS, YOU MADE THE REQUEST AND RIGHT AWAY, MISS STORY GOT BACK TO YOU AND YOU STARTED SCHEDULING A TIME THAT'S SO IMPORTANT TO ME.
AND IF I WERE IN YOUR SHOES, I WOULD WANT EXACTLY THAT.
I WOULD WANT TO HEAR BACK RIGHT AWAY AND THAT THEY'RE TRYING TO SCHEDULE THAT.
THAT'S WHAT THE EMAILS TELL ME.
YEAH. THE EMAILS THAT I AM READING, ARE YOU TALKING ABOUT THE FEBRUARY EMAILS I'M TALKING ABOUT? YEAH. THE INCIDENT WAS ON THE 23RD, AND I'M SEEING THIS BACK AND FORTH IMMEDIATELY WITH YOU ON THE 24TH.
I'LL SEND YOU THE DOCUMENTATION ABOUT THAT BECAUSE WE HAD AND AGAIN, I DON'T SEE THAT.
I JUST SEE THE REQUEST, THE EMAIL AND THE REPLY BACK.
SO AGAIN, I CAN JUST I JUST HAVE TO GO WITH WHAT I SEE.
IT LOOKS LIKE TO ME THAT YOU GOT AN IMMEDIATE RESPONSE.
AND THAT'S WHAT I WANT TO SEE HAPPEN AS A TRUSTEE FROM SOMEBODY WHO'S ASKED.
IF YOU COULD JUST GO BACK THEN THE OTHER PART THAT I'M VERY CONCERNED ABOUT, BUT AT THE SAME TIME, I NEED TO KNOW THE, THE RESPONSE AND THE, THE TIMELINE OF THE GRIEVANCE POLICY.
AND THEN SPECIFICALLY IN THAT SECOND GRIEVANCE, WHAT YOU ASKED FOR AND THEN WHAT WAS THEN REQUESTED OR APPROVED, BECAUSE I HAVE, VERSUS WHAT WAS NOT, BECAUSE I HAVE A LITTLE BIT OF AN ISSUE IF IF I CAN SAY WHY WE'RE HERE TONIGHT WHEN I READ ALL OF THIS THIS WEEKEND.
I SAW A LOT OF THINGS PROGRESS BEING MADE THROUGH THE GRIEVANCE POLICY.
AND THAT'S WHAT'S SUPPOSED TO HAPPEN.
WE'RE NOT EVER SUPPOSED TO BE HERE.
WE'RE NOT. WE PAY PROFESSIONALS TO BE RESPONSIVE AND TO LISTEN TO THE GRIEVANCE, THE GRIEVANCE TO ADDRESS IT. AND IT'S NOT SUPPOSED TO EVER COME HERE.
IF IT COMES HERE, SOMETHING HAPPENED IN THE PROCESS WRONG.
SO THE FIRST LEVEL ONE WAS FILED ON FEBRUARY 27TH.
THERE WAS AN AMENDED COMPLAINT FILED ON MARCH 8TH.
THAT LEVEL ONE CONFERENCE TOOK PLACE ON APRIL 12TH.
THE DECISION WAS ISSUED ON APRIL 25TH.
DR. CARPENTER HAD THE LEVEL TWO CONFERENCE ON MAY 25TH, AND THE DECISION WAS DUE SOONER THAN WE SENT IT OUT. AND BUT THE HUTCHINSON'S WERE OUT OF THE OR OUT OF TOWN.
AND SO IT WAS AGREED THAT THE DISTRICT WOULDN'T RESPOND UNTIL JUNE 23RD.
OKAY. SO IT WAS RESPONDED TO ON JUNE 23RD.
AND THEN THERE WAS A LEVEL TWO GRIEVANCE APPEAL.
SO THE LEVEL THREE AND FROM THAT POINT, THAT WAS ON JULY 10TH AND FROM JULY 10TH UNTIL ESSENTIALLY ALL LAST SEMESTER, I WAS GOING BACK AND FORTH WITH MR. WHITBURN. AND IN THAT TIME PERIOD, MISS OR DR.
OKAY. SO, IF I COULD JUST ASK THIS LAST QUESTION, MR. AND MRS. HUTCHINSON, AND THANK YOU VERY MUCH FOR JUST BEING FORTHRIGHT AND.
IF EVERYTHING WAS REQUEST, EVERYTHING THAT YOU REQUESTED IN LEVEL TWO WAS GRANTED.
WHY. IT WASN'T! OUR ATTORNEYS STATED IN THE LEVEL TWO THAT WE ARE STILL REQUESTING EVERYTHING FROM LEVEL ONE AND THE LEVEL TWO, BUT LOTS OF THINGS WERE NOT GRANTED IN THIS.
CAN CAN MEREDITH MAYBE SAY WHAT SHE GRANTED AND THEN WE CAN TALK ABOUT WHAT SHE DIDN'T?
[02:35:02]
SO IF YOU LOOK AT HOLD ON, LET ME GET THERE.WE HAVE 418 PAGES, BY THE WAY.
RIGHT. SO IT'S HAVING A PAGE NUMBER HELPS.
I'M GETTING TO DR. CARPENTER'S DECISION.
ONE WAS TO DETERMINE A FUNDAMENTAL ERROR OF CHARACTERIZATION OF THE INCIDENT, WHERE THE DISTRICT CANNOT EQUATE IMPINGING ON THE CLEFT OF THE BUTTOCKS TO PENETRATION OF THE THE ANUS. DR.
YEAH. AND LETTERS DATED FEBRUARY 24TH, MARCH 3RD TO BE DESTROYED AND GRANTED AND DENIED.
AND WE CAN'T DESTROY DISCIPLINARY RECORDS, BUT WE WERE ABLE TO MAKE THOSE CHANGES.
ONE MOMENT. WAS THAT EXPLAINED TO YOU? IT WAS NEVER EXPLAINED THAT THE LETTERS COULD NOT BE DESTROYED.
WE JUST RECEIVED THE LETTER AND THAT JUST SAID THEY DENIED IT.
I MEAN, IT WAS NEVER EXPLAINED THAT IT'S IMPOSSIBLE TO DESTROY SCHOOL DISCIPLINARY RECORDS.
NO WHAT'S SHE SAYING THEY COULDN'T DESTROY THE ACCUSATION.
THE ACCUSATION THAT ANAL PENETRATION OCCURRED.
AGAIN. AND THIS WASN'T THE ACCUSATION FROM THE DISTRICT.
THIS IS THE WHAT THEY'RE REPORTING, THE VICTIM SAID.
THERE'S A DIFFERENCE, RIGHT? WE DON'T AGREE WITH THAT EITHER.
AGAIN. AND THAT TRUSTEE JORDAN WENT OVER WHAT OCCURRED, WHAT THE FACTS THAT WE HAVE AND WHAT THE DEFINITION IS IN THE CODE OF CONDUCT. OKAY.
SO I THINK HE DID THAT AND HE WENT INTO THAT IN DETAIL.
AGAIN, I'M GOING BACK THAT WAS CONFUSING FOR US BECAUSE OUR LAWYER SAYS THAT THE TEXAS PENAL CODE OF CONDUCT DOES NOT SAY THAT.
BUT WE HAVE THE STUDENT CODE OF CONDUCT, RIGHT, WHICH REFERS TO THE PENAL CODE.
RIGHT, BUT IS TRUSTEE JORDAN SAID WE HAVE A STUDENT CODE OF CONDUCT, WHICH IS NOT 100% MATCH THAT.
SO IN MANY TIMES WHEN I READ THINGS, IT WOULD SAY THIS VIOLATED.
DID THIS VIOLATE THE STUDENT CODE? THAT'S WHAT WE'RE HERE FOR BECAUSE WE HAVE COMMITTEES THAT WRITE THAT AND WE APPROVE THAT.
THAT'S WHAT EVERY STUDENT, NOT YOUR SON, EVERY SINGLE STUDENT HAS TO FOLLOW THAT.
AND WE TEACH THAT TO OUR FACULTY AND STAFF, AND IT IS THEIR JOB TO HOLD STUDENTS TO THAT.
AND I'M NOT SAYING THAT THEY SHOULDN'T HOLD STUDENTS TO THAT.
I MEAN, THEY'RE PAID TO DO THAT, RIGHT? THAT'S THEIR JOB.
RIGHT? OKAY. I'M SAYING THAT I, WE DON'T AGREE THAT IT WAS SIMPLE ASSAULT.
AND THERE'S I, THERE'S THERE'S A DIFFERENCE OKAY.
BUT SO GOING BACK TO THIS LEVEL TWO SO I SEE GRANTED.
RIGHT. FIRST ONE REMEDY AND THEN GRANTED AND THEN THE SECOND ONE.
RIGHT. AND THIS WAS THIS WAS THE STAY AWAY.
RIGHT. AND THIS WAS NEITHER GRANTED NOR DENIED BECAUSE THE AGREEMENT'S NO LONGER VALID.
VICTIMS RIGHTS, I BELIEVE, ARE THE REASON WHY THAT WOULD BE THE CASE.
AND I CAN UNDERSTAND NOT TELLING THE PARENTS, BUT TELLING HIM.
BUT AGAIN, I'M SURE THERE IS A REASON FOR THAT TO HAPPEN.
AND THANK YOU, TRUSTEE, FELLOW TRUSTEES AND PRESIDENT BRYAN.
BUT THIS LETTER ON JUNE 22ND, RIGHT IN RESPONSE TO THIS HEARING, I JUST DON'T UNDERSTAND WHAT IS MISSING, WHAT IS NOT YET BEEN REQUESTED THAT YOU WERE LOOKING FOR.
I MEAN, THERE ARE CERTAINLY TEN STATEMENTS THAT WE REQUESTED IN THE INITIAL GRIEVANCE THAT OUR LAWYER SAID WE STILL ARE REQUESTING, AND NOT ALL OF THOSE WERE MET, NUMBER ONE BEING AN APOLOGY, WHICH WHEN WE HAD OUR OFF RECORD, WHICH WE WERE TOLD WE CAN'T MENTION ABOUT THE OFF RECORD MEETING WITH TAMY SMALSKAS AND THAT MEETING, SHE SAID DONE WE'LL DESTROY ALL THE RECORDS IF YOU JUST DROP THIS.
SHE TOLD US THAT BRYAN WAS PRESENT.
SO SHE AGREED TO DROP EVERYTHING OFF RECORD OF COURSE.
IF WE WOULD JUST DROP EVERYTHING.
[02:40:06]
AND SHE SAID, GARY'S NO LONGER WITH THE DISTRICT, SO HE CAN'T APOLOGIZE.SO THAT DEFINITELY WAS NOT MET.
THE STAY AWAY AGREEMENT BEING DESTROYED WAS NOT MET SINCE OUR SON DIDN'T KNOW WHO TO STAY AWAY FROM.
THAT WAS A HARD ONE FOR US TO SWALLOW.
I MEAN, THIS ONE THAT WAS NOT MET, NO OTHER CIRCUMSTANCES IS PAYTON TO BE QUESTIONED OR INTERROGATED BY CAMPUS ADMINISTRATORS OR SROS WITHOUT PARENT BEING PRESENT. HE WAS QUESTIONED LATER ON WITHOUT US BEING PRESENT.
SO THAT CERTAINLY WAS NOT MET.
MISS HUTCHINSON, YES, SIR, I CAN.
WHAT YOU'RE STATING IS, IS FINE.
I'M JUST READING THE REMEDIES THAT YOU'RE REQUESTING AND WHETHER THEY'RE DENIED OR NOT.
AND I DON'T SEE ALL OF THESE THAT YOU'RE MENTIONING.
THAT'S WHAT WE'RE LOOKING AT. RIGHT.
SO SO WE'RE HERE AT A LEVEL THREE.
MAYBE OUR ATTORNEY CAN ANSWER THAT ONE BECAUSE HE SAID THAT ALL OF THE IF WE'RE GOING FROM A LEVEL ONE TO A LEVEL TWO, ALL OF THE REQUESTS THAT WE HAVE FOLLOW US TO THE LEVEL TWO AND THEN WE CAN MAKE ADDITIONAL STATEMENTS.
MISS WALKER. SO YOU WOULD NEED TO GO BACK AND LISTEN TO THE LEVEL ONE, WHEREIN DR.
SMALSKAS TOOK COPIOUS NOTES ABOUT WHAT REMEDIES WERE BEING REQUESTED OR NOT REQUESTED.
I THINK THE NOTES WERE PROVIDED.
YEAH. THE ONES THAT WERE ADDRESSED WERE OBVIOUSLY PUT INTO THE LEVEL ONE.
AND THEN WHEN WE GOT TO THE LEVEL TWO DR.
CARPENTER AGAIN NOTES, COPIOUS NOTES.
YEAH. WENT THROUGH AND SAID OKAY THESE ARE THE, THE REMEDIES THAT YOU ARE CONTINUING TO SEEK.
AND THOSE ARE THE ONES THAT SHE ADDRESSED.
SMALSKAS AND MR. NICHOLS TO SEE WHAT IT WAS THAT ADMINISTRATION WAS MISSING, BECAUSE AS FAR AS WE COULD TELL, ALL OF THE CONCERNS HAD BEEN ADDRESSED AND EVERYBODY ON THE BOARD KNOWS AS WELL AS I DO, WE CAN'T FORCE EMPLOYEES TO APOLOGIZE, WHICH IS ONE OF THE REASONS THAT DR.
YEAH. MAY I INTERJECT? SURE. IF IF YOU LOOK AT AND MAYBE YOU COULD ASK, MEREDITH TO, TO ADDRESS THIS BECAUSE IT'S CORRESPONDENCE BETWEEN MEREDITH AND MR. WHITBURN, IT SUMMARIZES ALL THE ISSUES VERY NEATLY ON THE LAST THREE PAGES IN YOUR BINDER.
OKAY. ON THE STATUS OF THE REMEDIES THAT THAT THEY HAD REQUESTED.
AND THAT WAS, IF I MAY THAT WAS PART OF THE COMMUNICATIONS THAT I WAS CONTINUING TO HAVE WITH MR. WHITBURN THROUGH THAT INFORMAL PROCESS THROUGHOUT THE SUMMER AND INTO THE FALL.
AND SO THOSE WERE THE THINGS THAT HE BELIEVED WERE STILL OUTSTANDING.
AND AS YOU CAN SEE, I NOTED THAT IT HAD BEEN DONE, THAT WE COULDN'T DO IT, THAT WE WOULDN'T PROVIDE THAT INFORMATION TO HIS CURRENT TEACHERS BECAUSE THEY DON'T HAVE AN EDUCATIONAL NEED TO KNOW.
AND THEN AGAIN, WE CAN'T MAKE ANYBODY APOLOGIZE, RIGHT? SO THOSE WERE WE WERE TRYING TO CONTINUE TO ADDRESS THOSE THINGS.
BUT THE ACTUAL REMEDIES THAT WERE REQUESTED FROM DR.
CARPENTER WERE ADDRESSED IN HER LEVEL TWO.
YEAH. AND THEN YOU KNOW WHAT THE END AND THIS IS THE END FOR MY COMMENTS IN QUESTIONS IS WHEN YOU SEE HERE AND IT SAYS THE APOLOGY FROM MR. SULLIVAN, MISS WHEELER FOR THE FALSE ACCUSATIONS.
GUYS IT'S NOT THEIR ACCUSATIONS, IT IS.
THEY JUST REPORTED WHAT THE VICTIM.
AND AS TRUSTEE STACY SAID IN HER EYES, I DIDN'T SEE THE VIDEO.
I JUST READ EVERYTHING LOOKED LIKE BULLYING.
OKAY. DOESN'T MEAN YOUR SON'S BAD.
IT JUST WAS A BAD INCIDENT FOR HIM.
OKAY. THANK YOU SO MUCH FOR LETTING ME FINISH.
[02:45:03]
BUT, YOU KNOW, APOLOGIZING, GETTING PEOPLE.I NEVER APOLOGIZE FOR SOMETHING THAT I DIDN'T DO.
RIGHT. YOU'RE ASKING OUR FOLKS WHO I JUST WENT THROUGH THE TIMELINE AND YOU HEARD IT.
IT SEEMED LIKE THEY WERE RESPONSIVE THE WHOLE WAY THROUGH.
ACTUALLY, THERE WERE SEVERAL EMAILS THAT THEY REFUSED TO ANSWER.
I DID. I'M JUST SAYING, MISS HUTCHINSON.
I'VE ADDED UP AND IT SEEMED LIKE THINGS WERE MOVING ALONG THE WHOLE TIME.
DID YOU HAPPEN TO GET INTO EVIDENCE ALL OF OUR EMAILS? OKAY? THAT'S YOUR PERCEPTION FROM MY EYES.
I AM SEEING SEEING EVERYTHING MOVE ALONG IN A DISTRICT DOING EXACTLY WHAT THEY'RE SUPPOSED TO DO.
CAN WE PRESENT THE EVIDENCE OF THE EMAILS THAT WERE NEVER RESPONDED TO? I'M NOT ASKING YOU A QUESTION RIGHT NOW, OKAY? OKAY. I'M JUST SAYING WHAT I SEE IN THIS LAST LINE, YOU'RE ASKING PEOPLE WHO WERE THROUGH THIS PROCESS WITH YOU THE WHOLE TIME TO APOLOGIZE FOR A FALSE ACCUSATION.
THEY DIDN'T MAKE A FALSE ACCUSATION.
THEY REPORTED WHAT THE VICTIM SAID.
I'M NOT GOING TO APOLOGIZE FOR SOMETHING I DIDN'T DO.
THEY ARE DOING THEIR JOB BY REPORTING THE VICTIM.
AND I KNOW THAT MIGHT STINK, BUT I THINK EVERYTHING ELSE THEY'VE BEEN ABLE TO ATTEND TO YOUR REQUESTS AND I'M GLAD THEY HAVE, DESTROYED FILES, CHANGED THE WORDING.
THAT'S WHY I WANTED TO GET TO WHAT'S LEFT.
WHY ARE WE HERE? CAN I CAN I ANSWER THAT QUESTION? IT'S NOT REALLY A QUESTION, OKAY? IT'S JUST A STATEMENT.
AND I'M NOT TRYING TO SHUT YOU DOWN.
I'M JUST. AS WE SAID, THIS IS NOT DELIBERATIVE.
ALL RIGHT. THANK YOU, TRUSTEE YEAGER.
QUESTION FROM WHOM? I DON'T THINK I ASKED YOU A QUESTION AT ALL AND THIS IS THE BOARD'S OPPORTUNITY TO ASK QUESTIONS.
OKAY. ANY OTHER FURTHER QUESTIONS ON BEHALF OF THE TRUSTEES? OKAY. THIS CONCLUDES THIS PROCEEDING.
MISS WALKER WILL GRANT YOUR REQUEST.
THE BOARD WILL ADJOURN TO EXECUTIVE SESSION, AND THEN WE WHEN WE'RE READY FOR YOU AND ANY MEMBER OF THE ADMINISTRATION, YOU, MR. WHITBURN AND MR. AND MRS. HUTCHINSON, IF YOU CHOOSE TO WANT TO COME BACK AS WELL YOU'RE WELCOME.
SO WE WILL WE WILL ADJOURN AT THIS TIME AT 8:48 P.M.
TO CONFER WITH OUR ATTORNEY IN CLOSED SESSION UNDER TEXAS GOVERNMENT CODE SECTIONS 551.071, 551.074 AND 551.0821. WE WILL THEN RECONVENE INTO OPEN SESSION TO TAKE ACTION IF APPROPRIATE.
[5. CONSIDERATION AND POSSIBLE ACTION ON ANY MATTERS ADDRESSED IN EXECUTIVE SESSION]
OKAY. THE BOARD IS NOW RECONVENING IN OPEN SESSION AFTER DELIBERATING THE LEVEL THREE APPEAL FILED BY TWO PARENTS IN CLOSED SESSION.DO I HAVE A MOTION ON A LEVEL THREE COMPLAINT? I MOVE THAT THE BOARD DENY THE LEVEL THREE GRIEVANCE FILED BY MR. AND MRS. HUTCHINSON, THEREBY DENYING THEIR REQUESTED RELIEF.
I SECOND. WE HAVE A MOTION AND SECOND, ANY FURTHER DISCUSSION? ALL IN FAVOR? MOTION CARRIES 5 TO 0.
IF NO OBJECTION, WE WILL ADJOURN AT 9:35 P.M..
* This transcript was compiled from uncorrected Closed Captioning.