May 0, 2011, Mr. Tim Berry Dear Mr Berry. WRITTEN REPRIMAND 0n Ianua ry 27, 2016, it was alleged that your Principal, Mr. Clark Duncan. made you aware ofa that involved the wife ofa teaching assistant employed at South Doyle High School where supposedly there were compromising photographs otthe Leaching wife shared with a former South Doyle High Schoolstudent in addition, on the same date, it was alleged that you had also been informed via a text message from one ofyour South Doyle High School parents that the former student had posted a message on Facebook that stated something to the diet: of: "South Doyle was about to be lit up." By your own admission, this information concerned you and you wanted to "run this iniormation through [your] vetting process", "know what happened", and "shut it riown't Vou began your own internal investigation by calling the student's current principal and asked him llyou could come to the school to talk to the student. The principal agreed, and you arrived at the school amqu 12:45 p.m. and met with the student In the presence ofhis principal. Such a meeting would be outside the norm for standard practices in the Knox County Schools. After about an hour ofquestionlng, the student continued to deny any and all allegations. The meeting ended when the student's mother arrived at the school and eventually removed her son from this inquiry. According to multiple sources, including yourself, at the end nfthis meeting you represented that you were going to make a report, as required, to the Department of Children's SerVIces. At the conclusion ofthe meeting held at the alleged student's school, you continued well into the evening oflanuary 27 to investigate and gather data. creating a timeline surrounding the knowledge oran allegation ofinapproptiale phutographs afan adult having been sent to a student. It wasn't until the following day, on January 28, 2016, and at the urging of Ms. Becky Wuethrich, Manager of Discipline and investigation for Knox County Schools, that you reported this information to the Departmental Children's Service (DCS). - 91:5outh Cay Street - Knoxville,Tt-nnesset 3790172138 - Written Reprimand. Tim Berry. Page 2 On February 8, 2016. you were placed on Administrative Leave with Pay for allegations offailure to perform essential responsibilities and duties associated with your administrative position. Due to the nature ofthe allegations, the Knox County Sheriffs Office conducted an investigation into this matter. I was informed in late April 2016 that the Knox County Sheriff?s Office had concluded its investigation and that no charges would be presented against you On April 26, 2016. Knox County Schools began our own internal investigation into this matter. On Monday, May 2, 2016, you were provided due process and the opportunity to "Tell Your Side" ofthe story surrounding the events aforementioned. its a result of Knox County Schoois investigation and statements you made at the ?Tell Your Side" meeting on May 2. it has been determined that you did indeed fail to make a required report in a timely manner pursuant to KCS policy and therefore failed to perform an essential function of the job ofschool principal. Your actions to investigate these allegations without reporting them immediately to the appropriate Knox County School authorities and your failure to report this information in a more expeditious manner to DCS is in violation ofestablished Knox County Schools Policy and Procedures. 1 have taken into account the fact that there was no immediate harm to the student involved in determining appropriate discipline. deem your actions inappropriate. serious in nature and unprofessional. Your action was also in direct violation of our expectations for employees as noted in Knox County School Board policies Quali?cations and Duties ofTeachers (6280), Civility Code [3230] which refer to state statutes and Tennessee Code Annotated ?37-1-403 (attached) which require employees: 0 To report suspected cases ofchild abuse or neglect. "Any person who has knowledge of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or or mental condition. shall report such harm immediately ifthe harm is of such a nature as to reasonably indicated that it has been caused by brutality abuse, or neglect or that. on basis of available information. reasonably appears to have been caused by brutality abuse, or neglect. 0 To maintain cordial relationships with the home. parent(s) and community I To establish and maintain satisfactory, respecJul working relationships within the school environment; and, I Take responsibilityfor one 's own actions Therefore, you are being issued this Written Reprimand, will receive two weeks Administrative Leave without pay on May 9-13 and May 16-20, 2016. You are also required to attend Intensive Individual Training on Reporting Requirements conducted jointly by Knox County Schools and Knox County Sheriff's Of?ce Written Heirunand, 'l?nn Berry, Page 3 personnel. You will be allowed to attend the South-Doyle High School graduation rehearsal and graduation ceremony. You may sit on stage for graduation, be introduced, and shake hands with graduates. You may not be a Speaker, participate in the program, nor hand out diplomas. You will return as Principal to South Doyle High School effective Monday, May 23, 2016. With this written reprimand, and other noted consequences; associated with your actions. you are being given the opportunity to correct your behavior and are hereby directed to follow all school, Tennessee Code Annotated, and local Board of Education policies in the future. Failure to do so will subject you to further disciplinary action up to and including termination from the Knox County Schools. Sincerely, were? James P. McIntyre, Jr. Superintendent a a - My signature indicates that have received a copy ofthe information. I understand that have an opportunity to respond in writing and this response will also be placed in my personnel ?le. By my signature, I am voluntarily waiving any right to a hearing or appeal on the two week suspension and written reprimand pursuant to T.C.A. 49-5-5611 et. seq. or other state statutes. I further understand the contents of my personnel file are public information. g? iiL Signa ure Date A 779 W11 esq/ Date Copy: Personnel File Attachments lthnix Bl ll um, [mirr- Inn" l. .s. May9, 2016 Mr. Clark Duncan WRITTEN Dear Mr Duncan: On January 27, 2016, it was alleged that a colleague made you aware nia situation that involved the wife afa teaching assistant employed at South Doyle High School where supposedly there were compromising photographs orthe teaching assistants wife shared with a former South Doyle High School Student. In addition, on the same date, it was alleged that a teacher had informed you that the farmer South Doyle High School student had posted a message on Farebookthat stated. something to the enact of: "South Doyle was about to be Iitup." By your own admission,your immediate supervisor, Mr. Tim Eerry, Principal of South Doyle High School. had called you on the morning oflanuary 27, 2016 and wanted you to meet him at the student's current school to talk with the student about the alleged compromising photographs and the statement the student supposedly had posted on Facebook, You met Mr, Berry at said student's school around 1 pm. when you arrived at the school, Mr. Berry was already questioning the student in the presence ol'tJie student's current principal. The student's mother arrived at the meeting at the same time you did. At the conclusion ofthe meeting, you asked Mr. Berry whatyou needed to do. You stated that Mr. Berry said that he was going to "write it all up and call it wasn't until the following day, on January 28, 2016, and at the urging of Ms. Becky Wuethricli, Manager of Discipline and investigation for Knox County Schools. that Mr. Berry actually reported this information to the Department of Children's Service On February 6' 2016, you were placed on Administrative Leave with Pay for allegations of failure to perform essential responsibilities and duties associated with your administrative position Due to the nature afthe allegations, the Knox County Sheriff's Office conducted an investigation into this marten was iniormed in late April 2016 that the Knox County Sheriff's Office had concluded its investigation and that no charges would be presented against you. no isnxzinx - 912$outh CaySiruet - Knomile, Tennessee 379n1-2188 - 1300 Written Reprimand, Clark Duncan, Page 2 On April 26, 2016, Knox County Schools began our own internal investigation into this matter. On Tuesday, May 3, 2016, you were provided due process and the opportunity to ?Tell Your Side" ofthe story surrounding the aforementioned allegations and events. As a result of Knox County Schools investigation and statements you made at the "Tell Your Side" meeting on May 3, it has been determined thatyou did indeed fail to make a required report in a timely manner with respect to KCS policy and therefore failed to perform an essential function of the job. Your actions regarding these allegations without reporting them to the appropriate Knox County School authorities and your failure to report this information in a more expeditious manner to DCS is in violation ofestablished Knox County Schools Policy and Procedures. I understand that you relied on whatyou believed to be the assurance ofyour direct supervisor that he would make this required report. While this does not absolve you from this reporting obligation, have taken this dynamic, as well as your many years ofservice in the Knox County Schools, and the fact that there was no immediate harm to the student involved, into account in determining appropriate discipline. 1 deem your actions inappropriate, serious in nature and unprofessional. Your action was also in direct violation ofour expectations for employees as noted in Knox County School Board policies Quali?cations and Duties of Teachers (6280), Civility Code (3230) which refer to state statutes and Tennessee Code Annotated ?37-1~403 (attached) which require employees: 0 To report suspected cases of child abuse or neglect. "Any person who has of or is called upon to render aid to any child who is suffering from or has sustained any wound, injury, disability, or physical or mental condition, shall report such harm immediately if the harm is of such a nature as to reasonably indicated that it has been caused by brutality abuse, or neglect or that, on basis of available information, reasonably appears to have been caused by brutality, abuse, or neglect 0 To maintain cordial relationships with the home, parent(s) and community I To establish and maintain satisfactory, reSpch'ul working relationships within the school environment; and, 0 Take responsibility for one 's own actions. Therefore, you are being issued this Written Reprimand, will receive three days of Administrative Leave without pay on May 18, 19, and 20, 2016. You will remain on Administrative Leave with Pay until that time. You will also be required to attend Intensive Individual Training on Reporting Requirements conducted jointly by Knox County Schools and Knox County Sheriff?s Of?ce personnel. You will be allowed to attend the South-Doyle High School graduation rehearsal and the graduation ceremony. You may sit on stage for graduation, he introduced, and 1 Written Reprimand, Clark Duncan, Page 3 shake hands with graduates. You may not be a speaker, participate in the program, nor hand out diplomas. You will return to South Doyle High School as Assistant Principal, Athletic Director, and football coach effective Monday, May 23, 2016. With this written reprimand, and other noted consequences associated with your actions, you are being given the opportunity to correct your behavior and are hereby directed to follow all school, Tennessee Code Annotated, and local Board of Education policies in the future. Failure to do so will subject you to further disciplinary action up to and including my recommendation of Revocation of?l?enure and termination to the Knox County Board of Education. Sincerely, QSMS P. McIntyre. Jr. Superintendent - - . . - My signature indicates that I have received a copy ofthe information. I understand that I have an opportunity to respond in writing and this response will also be placed in my personnel file. I further understand the contents of my personnel ?le are public information. ,7 7 ?3 (/Tl/L?fll?yf?iil kai nay?lre ?IDate - . fr" Date Copy: Personnel File Attachments o?ul?I?a?u?nn?nn?Io?nu?II?n Section t: . . Knox County Board of Education Policy Human .- . . Resourceg TN 1: Descriptor ode ?urn Qualifications and Duties of (3?23" .7?93 ?rm 5 'tunsrit Teachers 5/03 QUALIFICATIONS All teachers shall be. licensed in accordance with state law and the regulations of the Tennessee State Department of Education. Such license shall be on file in the office of the Director ol? Schools prior to beginning employment.? It is the responsibility of the employee to secure a certi?cate and to maintain its validity.? When a teacher?s contract must be terminated because the teachers? certi?cate has lapsed or otherwise become invalid, the Director of Schools shall immediately suspend the teacher without pay pending disposition ol" the matter. The teacher shall be noti?ed of the reason for the suspension and given an opportunity for a hearing before the Board. All teachers shall demonstrate competency based on the current job assignment and performance standards as outlined in the appropriate state model for local evaluation. DUTIES In addition to duties Speci?ed in other policies and applicable law, teachers shall be responsible for the following duties: I. To give full, willing and helpful cooperation in carrying out all reasonable instructions or extra assignments which are given by the principal before, after and during the school day. 2. To give instruction to the students in the areas assigned by the Board. Director of Schools and principal. 3. To record accurately the number of students present and absent each day in the manner prescribed by the Board, Director of Schools and principal. 4. To follow state and local course of study, to follow rules and regulations of the state and policies ol?the local Board, and to follow school rules and policies established by the principal. 5. To maintain cordial relationships with the home, parent(s) and community. 6. To keep parent(s) duly informed of the child?s progress and hold conferences with parent(s) when necessary. 7. To report to the principal of the school when one knows or reasonably suspects that a child?s health or welfare has been or appears to have been harmed as a result of abuse or neglect.? . To crt'orm such other duties as may be assigned by the principal. omua?m-uwm? G-280 9. To establish and maintain satisfactory, respectful working relationships the school. I Legal References. 1. TCA 49-5-40}; 2. TRRIMS 3. TCA 374-403. Page 2 of2 Section B: Knox County Board of Education Policy School - e. i . crni ?o we 0 id 3-230 4/11 . OHS . ltcsunds Ru.$.tl i. 2. PHILOSOPHY OF PERSONAL CONDUCT It is the intent of the Board to promote mutual re5pcet, civility and orderly conduct among district employees, parents and the general public. This policy provides rules of conduct that both permit and encourage participation in school activities and communication between parents, community members and school district personnel. This policy also identi?es those behaviors that are considered inappropriate and disruptive to the operation ofa school or other school district facility. it is not the intent ofthc Board to deprive any person of his or her right to freedom ofexpression. EXPECTATIONS Students, faculty, staff, parents, guardians and all other members of the community shall: Treat one another with courtesy and re5peet at all times. Take responsibility for one?s actions. Be c00perative, to the greatest extent possible, toward one another and in solving problems based on what is in the best interest of students. Refrain from behavior that threatens or attempts to disrupt school or school district operations; physically harms someone; intentionally causes damage; employs loud or offensive language, gestures, or profanity; or inapprOpriately shows a diSplay of temper. RESPONSE TO UNCIVIL BEHAVIOR The Board does not condone a lack of civility by anyone, and recognizes the following appropriate administrative avenues for aggrieved parties to seek action or redress A student who believes that he or she has not been treated in a manner reflective ofthe Code of Civility should report such behavior to the appropriate building level administrator. A parent, guardian or community member who believes that he or she has not been treated in a manner reflective of the Code of Civility should report such behavior to the staff member?s immediate supervisor or the student's appropriate building level administrator. An employee who believes that he or she has not been treated in a manner re?ective of the Code of Civility should address the concern through the appropriate supervisory chain. If pchOnal harm is threatened, the employee shall notify their supervisor and may also contact law enforcement. If a communication such as voice mail or c-mail or any type of written If) 18 I9 20 2 and8-230 communiull'C-n IS demeaning, abuswc, threatening or obscene the employee is not obligated to respond. 4. Any on d.-su Ict who has breached [his Civility Code may be directed lo leave the by an administrator or security of?cer. If such person docs not immedlalcly and willingly leave, law enforcement maybe called. Page 2 of2