Case Document 39-1 Filed in USDC on 12/15/10 Page 1 of 78 EXHIBIT 1 Case Document 39-1 Filed in USDC on 12/15/10 Page mod 918.583.8600 405.272.0559 FAX CORPORATE OFFICE FAYETTEVILLE, AR 479.587.1006 866.603.0559 FAX 405.272.1006 405.272.0559 FAX COPY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA TASHIA TAYLOR, Plaintiff, Vs. Case No. 10-cv-243 TCK FHM RIVERSIDE BEHAVIORAL HEALTH, MIKE KISTLER, and MARGARET KOCH Defendants. DEPOSITION OF TASHIA TAYLOR TAKEN ON BEHALF OF THE DEFENDANTS ON NOVEMBER 22, 2010, BEGINNING AT 8:55 AM. IN TULSA, OKLAHOMA APPEARANCES: On behalf of the PLAINTIFF: Tashia Taylor, Pro Se 10804 East 15th Street Tulsa, Oklahoma 74128 511 Couch Drive, Suite 100 Oklahoma City, OK 73102 On behalf of the DEFENDANTS: William T. Fiala WALLER, LANSDEN, DORTCH DAVIS Nashville City Center 511 Union Street, Suite 2700 Nashville, Tennessee 37219 (615) 244-6380 bill.fiala@wallerlaw.com ALSO PRESENT: Jordan Cooke REPORTED BY: D. Luke Epps, CSR, RPR TOLL FREE 800.376.1006 Case Document 39-1 Filed in USDC on 12/15/10 Page 3 of 78 Tashia Taylor 1 1/22/2010 21 1 Riverside? 2 A Yes, he did. 3 What did he say? 4 A I don't remember. 5 Why did he tell you about that opening? 6 A Because I was looking for a job. 7 Do you still plan to go to law school? 8 Yes, I do. 9 When do you plan to do that? 10 A In the near future. 11 Make this number 1, please. When were 12 you actually hired by Riverside? 13 (Exhibit 1 marked for identification) 14 A July 11th of 2007. 15 What was your position when you were 16 hired? .17 A A mental health tech. 18 Who did you interview with? 19 A La Tanya Sales and I don't remember the 20 other guy's name. 21 was Mike Kistler the CEO when you were 22 .hired? 23 A Yes. 24 was Margaret Koch employed there when 25 you were hired? Case Document 39-1 Filed in USDC on 12/15/10 Page 4 of 78 Tashia Taylor 11/22/2010 22 1 A I don't remember. No, she was not. No, 2 she was not. 3 Why did you apply at Riverside? 4 A Because I was looking for a job. 5 What are the job responsibilities of a 6 mental health tech? 7 A I don't remember. 8 What did you do while you worked at 9 Riverside? 10 A Supervised patients. 11 Were the job descriptions explained to 12 you when you were hired? 13 A Yes. 14 I'll take that one back so you don't 15 have a big stack of documents by the end. Does 16 this appear to be the job description for a 17 mental health technician? 18 A Yes. 19 Is that your signature on the second 20 page? 21 A Yes, it is. 22 And are mental health technicians 23 referred to as 24 A Yes. 25 You'll know what I mean if I say MHT - spent??are . . Case Document 39-1 Filed in USDC on 12/15/10 Page 5 of 78 Tashia Taylor 11/22/2010 23 1 today? 2 A Yes. 3 Will you take a look at this and let me 4 know if this accurately describes your job 5 responsibilities as an MHT during your time at 6 Riverside? If something is not accurate, please 7 just let me know. Can we mark this as 2 while 8 she's taking a look at it? 9 (Exhibit 2 marked for identification) 10 A I'm sorry. What was your question? 11 I asked you to take a look at the job 12 description and let me know if any of this 13 doesn't accurately describe your 14 responsibilities as an MHT at Riverside. 15 A It accurately describes the job duties. 16 Is that your signature on the document 17 that I just handed to you? 18 A Yes, it is. 19 What is this document? 20 A The Shadow Mountain Behavioral Health 21 Systems pre?employment considerations. 22 Is this something that was given to you 23 when you were first hired at Shadow Mountain to 24 give you an idea of what to expect in a position 25 of an ?f?fa If ?ap-5 Case Document 39-1 Filed in USDC on 12/15/10 Page 6 of 78 Tashia Taylor 1 1/22/2010 29 A Yes. 2 They discussed the patient rights. You 3 were trained on Satori? 4 A Yes. 5 Mark that as 10, please. Is that your 6 handwriting at the top of this document? 7 (Exhibit 10 marked for identification) 8 A No. 9 Okay. Is that your handwriting on this 10 document? 11 A Yes, it is. 12 What is Satori? 13 A I don't remember. 14 Do you remember being trained in 15 something called Satori? 16 A Yes. Yes. 17 What was the training about? 18 A I don't remember. Deescalation. 19 How to deal with violent patients? 20 A Yes. 21 Alternatives to managing aggression? 22 A Yes. 23 Did you think Satori was important? 24 A Yes. 25 Did you think it was effective? . Case Document 39-1 Filed in USDC on 12/15/10 Page 7 of 78 Tashia Taylor 11/22/2010 30 1 A No. 2 Why not? 3 A Deescalation in my own personal opinion 4 works, but you have to have rapport with that 5 patient. The maneuvers we were taught during 6 Satori didn't work at all. 7 What sort of maneuvers were you taught 8 during Satori? 9 A I don't remember. 10 You just remember that they weren't 11 effective? 12 A Yes. 13 What method do you think would be more 14 effective? You mentioned to have rapport? 15 A Yes. 16 What does that mean? 17 A Just having a personal bond with that 18 patient. They have to trust you, respect you in 19 order for you to get them to comply. 20 Are you suggesting that if a patient is 21 acting violent, you try to talk to them instead 22 of physically trying to restrain them? 23 A Yes. 24 Did you use that method during your 25 employment at Riverside? I Case Document 39-1 Filed in USDC on 12/15/10 Page 8 of 78 Tashia Taylor 11/22/2010 31 1 A Yes. 2 Did it work? 3 A Yes. 4 Did you ever have a situation where 5 gaining a rapport with the patient didn't work 6 at Riverside? 7 A Yes. 8 And what did you do in that situation? 9 A Bring in another staff member. 10 Bring in another staff member to do 11 what? 12 A To see if they could assist the 13 de?escalate. 14 Mark this as 11, please. Is that your 15 handwriting on the top of this document? 16 (Exhibit 11 marked for identification) 17 A Yes. 18 And this is a Satori competency 19 assessment from 2008, is that correct? 20 A Yes. 21 Mark this as 12, please. Do you 22 remember being trained in avoiding kicks? 23 (Exhibit 12 marked for identification) 24 A Yes. 25 Do you remember being trained in dealing i .. . Case Document 39-1 Filed in USDC on 12/15/10 Page 9 of 78 Tashia Taylor 11/22/2010 32 1 with hair pulls? 2 A Yes. 3 Do you remember being trained in dealing 4 with bites? 5 A Yes. 6 Did you use those methods during your 7 employment with Riverside? 8 A Hair pulling, yes. 9 How did you avoid hair pulling under the 10 Satori method? 11 A my hair was pulled out. It didn't work. 12 Do you have to deal with hair pulls at 13 your current job? 14 A Yes. 15 What method do you use there to avoid method called CCMS. 18 What is 19 A I don't remember the acronym. We have 20 so many acronyms. 21 What is the purpose for 22 A It's kind of like Satori except it's 23 better. It works. 24 How is it better than Satori? 25 A Satori was a bunch of nonsense. This is . - Til-?apa?grg - . Case Document 39-1 Filed in USDC on 12/15/10 Page 10 of 78 Tashia Taylor 11/22/2010 33 1 a way to help 4? CCMS is a way that helps to 2 protect you from getting harmed. Satori should 3 have served that purpose, but in my own personal 4 opinion, it didn't. 5 Is this your handwriting on the document 6 I've just handed you? 7 A Yes, it is. 8 Is this a test you took regarding abuse 9 and neglect? 10 A Yes. 11 Did you receive training on abuse and 12 neglect? 13 A IYes. 14 Mark this as Number 13, please. Is this 15 your signature on the document I just handed 16 you? 17 (Exhibit 13 marked for identification) 18 A Yes. 19 Is this an acknowledgment that you 20 completed training on abuse and neglect? 21 A Yes. 22 Mark this as 14, please. Is this your 23 handwriting on the document I just handed you? 24 (Exhibit 14 marked for identification) 25 A Yes. ?rsfessi?si -- A I - Case Document 39-1 Filed in USDC on 12/15/10 Page 11 of 78 34 Tashia Taylor 11/22/2010 1 Is this a written exam about decreasing 2 the risk of seclusion and restraint? 3 A Yes. 4 Do you remember receiving training on 5 decreasing the risk of seclusion and restraint? 6 A If that was Satori, yes. 7 Mark this as 15, please. What sort of 8 duties did you perform when you were initially 9 hired as an MHT at Riverside? 10 (Exhibit 15 marked as identification) 11 A Supervision of the patients, 12 rehabilitative group. 13 Okay. walk me through a typical day. 14 What did you do when you first showed up in the 15 morning? 16 A I don't remember. 17 What is Riverside? 18 A It's an inpatient mental health 19 facility. 20 Are there adults and children there or 21 just children? 22 A Children and adolescents. 23 How old? 24 A .The children, I'm not for sure what age. 25 Adolescents could range from the age of 11 to . .. Case Document 39-1 Filed in USDC on 12/15/10 Page 12 of 78 Tashia Taylor 11/22/2010 35 1 17. 2 Did you work with children and 3 adolescents? 4 A I mostly work with the adolescents. 5 What did you do when you showed up in 6 the morning? 7 A Shift change. 8 Did you clock in? 9 A Yes. 10 You used a time clock? 11 A Yes. 12 Then what did you do? 13 A Go to the unit. 14 What unit were you initially assigned 15 to? 16 A Initially I was assigned to the autism 17 unit. 18 Is that in a specific department? 19 A No. 20 Okay. When you say unit, what does that 21 refer to? 22 A I don't understand your question. 23 Is there a specific portion of the 24 facility that is only occupied by children and 25 adolescents with autism? Praisesionai Ifgpg?grs Case Document 39-1 Filed in USDC on 12/15/10 Page 13 of 78 Tashia Taylor 11/22/2010 36 A And Asperger's, yes, that particular 2 unit. 3 Are they separated from the rest of the 4 facility? 5 A No. 6 Are their rooms in a specific part of 7 the facility? 8 A Yes. 9 Q. How long were you on the autism unit? 10 A For about six months. 11 Did you like the autism unit? 12 A I did. 13 What did you like about it? 14 A Mostly the kids. 15 What was your interaction with the kids? 16 A I don't understand your question. 17 I'm trying to get an idea of what you 18 did as far as your job duties are when you were 19 initially hired and were on the autism unit. 20 A It was basically the same. I was still 21 an MHT. 22 What does an MHT do? I've never worked 23 at a facility. 24 A I don't recall. I can tell you that I 25 supervised them. I watched them. We did Profs-safaris)? Repair-?Ewe . . Case Document 39-1 Filed in USDC on 12/15/10 Page 14 of 78 Tashia Taylor 11/22/2010 39 1 A I don't remember. 2 Who else besides the nurse did you 3 consider to be in a supervisory role? 4 A The clinical director. 5 Who was that? 6 A David Goodgame. 7 Anyone else? 8 A No. 9 Where did you move after you left the 10 autism unit? 11 A The south unit. 12 How did that transfer come about? 13 A They had an opening for Monday through 14 Friday, and I received a call from Grey 15 McKellar. 16 About what month would that have been 17 that you were transferred to the south unit? 18 A January of 2009. I'm sorry. 2008. 19 What types of patients are on the south 20 unit? 21 A We were called the trash can unit, so we 22 had a little bit of everything. 23 What does the trash can unit mean? 24 A I don't know. They just threw whoever 25 they wanted to on that unit. That's why they Case Document 39-1 Filed in USDC on 12/15/10 Page 15 of 78 Tashia Taylor 11/22/2010 40 1 called it the trash can unit. 2 Did you want to be transferred to the 3 south unit? 4 A Yes. 5 Why did you want to be transferred to 6 the south unit? 7 A Because the hours were better. 8 Do you have autistic children in your 9 current position that you monitor? 10 A No. 11 Do you remember filling out this form 12 asking to be transferred from the autism unit? 13 A Yes. 14 Is that your signature on this document? 15 A Yes, it is. 16 Why did you indicate you wanted to be 17 transferred from the autism unit? 18 A "It is a better schedule for me. I am 19 really tired of getting beat up by the kids on 20 the autism unit." 21 Were you getting beat up by the kids on 22 the autism unit? 23 A Yeah. They were really aggressive. 24 You still liked it, though? 25 A Yes. s?wa??mgm?ssmm?a Case Document 39-1 Filed in USDC on 12/15/10 Page 16 of 78 Tashia Taylor 1 1/22/2010 41 1 was the main reason for the transfer the 2 better hours? 3 A Yes. 4 You asked to go to the north unit, is 5 that correct? 6 A Yes. 7 What's the north unit? 8 A Just another unit. 9 Did they have a nickname? 10 A No. 11 What type of patients are on the north 12 unit? 13 A Mentally retarded, MR kids. 14 Are the same types of patients on the 15 north unit and the south unit? 16 A No. 17 What's the difference? 18 A The kids on the north unit were more 19 severely MR than those on the south unit. 20 Was the south unit a more desirable unit 21 than the north unit? 22 A No. 23 Why not? 24 A Because they were the trash can unit. 25 Nobody wanted to go there. sawmw?swe?mesmm? .- Case Document 39-1 Filed in USDC on 12/15/10 Page 17 of 78 Tashia Taylor 11/22/2010 42 1 So the more severely disabled children 2 on the north unit are better to work with than 3 the children on the south unit? 4 A Yes. They were less aggressive. 5 Mark that as 16, please. So you 6 requested to be transferred looks like November 7 of '07? 8 (Exhibit 16 marked for identification) 9 A Yes. 10 And then you were eventually transferred 11 around January of '08, you think? 12 A Yes. 13 You were happy with that transfer? 14 A I was happy with the hours, yes. 15 Do you think there was anything 16 discriminatory about the transfer from the 17 autism unit to the south unit? 18 A No. 19 Who was your supervisor on the south 20 unit? 21 A The nurse. 22 Do you remember the name of the nurse on 23 the south unit? 24 A I don't. It was one nurse for the 25 entire facility. Praises-fangs; liars Case Document 39-1 Filed in USDC on 12/15/10 Page 18 of 78 Tashia Taylor 11/22/2010 43 1 Okay. Thank you. About how many 2 patients would there be at any one time at 3 Riverside? 4 A At first we started out with eight per 5 unit, so that was 32 because we only had four 6 units, and then we moved up to nine per unit 7 because they wanted the new building, and then 8 when the three units opened up in the new 9 building, so that's seven units and then we went 10 back to eight, so seven times eight is, what, 11 56, 72. I don't know. 12 Okay. How long were you on the south 13 unit? 14 A From January of '08 until May of '09. 15 So is that the remainder of your 16 employment? 17 A Yes. 18 Did you have any other supervisors? 19 A During the duration they made up 20 positions, unit coordinators, and there's 21 another one, but I don't remember the name of 22 it. 23 Do you remember who your unit 24 coordinator was? 25 A For a short time, it was Michelle Case Document 39-1 Filed in USDC on 12/15/10 Page 19 of 78 Tashia Taylor 11/22/2010 46 1 You just happened to be working on the 2 same unit during the same hours is why you call 3 him your partner? 4 A Yes. 5 Do you consider Mr. Stone your friend? 6 A Yeah, I do. 7 Did you guys work together a lot back in 8 that time period? 9 A Yes, we did. 10 Did you help each other out during that 11 time period? 12 A What do you mean help each other out? 13 Assist each other at work? 14? A Assist each other how? 15 If you needed help with the patients, 16 did he help you? 17 A Yes. 18 Was there a process by which a patient 19 could file a complaint against an employee? 20 A Yes. 21 were those complaints called grievances? 22 A Yes. 23 Did you ever have any grievances filed 24 against you? 25 A YesCase Document 39-1 Filed in USDC on 12/15/10 Page 20 of 78 Tashia Taylor 11/22/2010 47 1 Do you remember when the first grievance 2 filed against you happened? 3 A I don't. 4 Have you ever seen this document before? 5 A No. 6 Do you remember receiving a grievance or 7 patient complaint that you hit and kicked her? 8 A No. 9 You mentioned that the patients referred 10 to you as TT, is that correct? 11 A Yes. 12 Do you ever remember discussing an 13 allegation with anyone at Riverside regarding 14 allegedly kicking or hitting a patient? 15 A No. 16 Mark this as 17, please. Let me know if 17 you need to take a break at some point. 18 (Exhibit 17 marked for identification) 19 A At about 10:40 I probably should go feed 20 the meter. 21 Okay. I think they all let you park in 22 this building and get it taken care of. 23 A Yeah. I didn't know that until she said 24 something. 25 Okay. We'll take a break then let's say Esp-mists Case Document 39-1 Filed in USDC on 12/15/10 Page 21 of 78 Tashia Taylor 11/22/2010 55 1 Do you remember what happened in this 2 incident that resulted in this report to 3 A No. 4 was Ms. Koch involved in any way in this 5 report to OCA that you're aware of? 6 A I don't know. 7 Mark this as 21. Have you ever seen 8 this document that I'm handing to you? 9 (Exhibit 21 marked for identification) 10 A This was another document that was in 11 the packet that I received for the unemployment 12 benefits appeal hearing. 13 This document refers to another 14 investigation by OCA, is that correct? 15 A Yes. 16 Do you recall an incident where a 17 patient complained that you urged her to hit her 18 head against the wall, degraded and escalated 19 patient to self-harm? 20 A Yes. 21 Do you remember being interviewed by OCA 22 regarding this incidentyou remember when the incident that 25 led to this complaint occurred? Strike that. 7 ?mweam?mm?e?em?' Case Document 39-1 Filed in USDC on 12/15/10 Page 22 of 78 Tashia Taylor 11/22/2010 56 1 Do you recall the facts that led to this report? 2 A No. 3 Do you remember being involved in a 4 situation where a patient was hitting her head 5 against the wall? 6 A A lot of them do, yes. 7 Do you remember this particular 8 incident, though? 9 A Yes. 10 Okay. What happened in this incident? 11 And let's not use any patients' names during 12 this. Just say the patient. 13 A Well, this patient was upset and was 14 hitting her head on the wall. 15 What did you do? 16 A Tried to herde?escalate her? 18 A Tried talking to her. That was it. No 19 restraints or anything. Brought in other staff 20 members to talk to her, bring her down. 21 What other staff members were involved? 22 A Rachel, the nurse, and Michelle. 23 Did Riverside conduct its own 24 investigation and then OCA was called in? 25 A I don't know. ?refasa?ianaii mmwa?m?mm??emema Case Document 39-1 Filed in USDC on 12/15/10 Page 23 of 78 Tashia Taylor 11/22/2010 57 1 What was the first notice you received 2 that there was an investigation regarding this 3 incident? 4 A There wasn't one. Ms. Stacy, Stacy 5 Bonham. She would always come and just ask me 6 some questions, so there wasn't a notice. 7 Who is Stacy Bonham? 8 A She was the lady from OCA who would 9 always come over and talk to the kids and then 10 talk to staff if she had any questions. 11 Do you know what her title was? 12 A I don't. 13 was she a patient advocate? 14 A I don't know. 15 Is that what you understood her job 16 duties to be? 17 A Yes. 18 She worked for the State of Oklahoma, 19 Department of Human Services? 20 A I don't know. 21 Was that your understanding? 22 A I guess. 23 was she a state employee? 24 A I don't know. 25 She would come and investigate a: a a m: 5. a Case Document 39-1 Filed in USDC on 12/15/10 Page 24 of 78 Tashia Taylor 11/22/2010 58 allegations of abuse at Riverside, is that 2 correct? 3 A She would come in and investigate 4 anything, so I don't know if it was just abuse, 5 but, I mean, if she had a question, she'd ask. 6 I don't know. 7 Do you remember anyone who worked for 8 Riverside asking you about this incidentBrenda Phillips? 11 A She was a PRN. 12 PRN 13 A Yes. 14 Did you have any problems with 15 Ms. Phillips? 16 A No, except that she I liked her as a 17 person, but as a co?worker, I didn't like her. 18 She wasn't she didn't do much of anything. 19 Didn't think she was a -- 20 A A good 21 effective 22 A Yeah. I didn't. No, I didn't. 23 What sort of things did she do that you 24 didn't think were effective? 25 A I only worked with her maybe twice, and ?5?5 . . Case Document 39-1 Filed in USDC on 12/15/10 Page 25 of 78 Tashia Taylor 11/22/2010 59 1 if the kids got out of line or if they were 2 property aggression or anything, she would run 3 the other way instead of backing me and trying 4 to de?escalate the situation, and I didn't like 5 that. 6 Do you think you effectively 7 de-escalated the situation that we're discussing 8 on 9 A I think I did as much as I could. 10 You're aware that OCA confirmed that 11 there was abuse in this situation? 12 A I found that out when I read this during 13 the hearing. 14 You were never made aware of this during 15 your employment at Riverside? 16 A No, I was not. 17 Mark this as 22, please. Did you have 18 any particular problems with any particular 19 patients at Riverside? 20 (Exhibit 22 marked for identification) 21 A Just one in particular. She just didn't 22 like me. She was always writing grievances, 23 always threatening to have me fired. She was 24 always angry about something. 25 Why do you think this particular patient regressions: spatter-s Case Document 39-1 Filed in USDC on 12/15/10 Page 26 of 78 Tashia Taylor 11/22/2010 65 1 remember any member of the Riverside staff 2 having a discussion with you about a complaint 3 that you erased a child's level from the board? 4 (Exhibit 25 marked for identification) 5 A No. 6 Do you remember a grievance where a 7 child complained that you took away all the 8 child's possessions including the child's Bible? 9 A I do. I remember she told me she wrote 10 it. 11 What happened in that situation? 12 A She was displaying some property 13 aggression and according to our unit handbook, 14 when they displayed property and physical 15 aggression, you remove all of their personal 16 belongings and according to Ms. Margie, who was 17 the therapist, except for in her case, her 18 glasses, which she needed, and their journals. 19 So everything was taken but her glasses and her 20 journal. 21 What is property aggression? 22 A They've torn their room apart, beating 23 on the door, punching holes in the walls, things 24 like that. 25 Did you call her the devil? ?rafassiansf Rafters in?ammam??mssm? Case Document 39-1 Filed in USDC on 12/15/10 Page 27 of 78 Tashia Taylor 11/22/2010 68 1 being shut on someone. 2 What was that discussion about the 3 bathroom door being shut? 4 A From what I can remember, this patient 5 was acting out and wanted to get into her 6 bathroom, and her door was already shut, and I 7 wouldn't open it for her, so I don't I don't 8 really remember if I hope that's what it's 9 about because I don't really it's hard to 10 read this, so I don't know. 11 All right. Some of the children have 12 problems reading and writing? 13 A Yes. 14 Did you ever help a child write a 15 grievance or fill out a grievance for them? 16 A If they needed help spelling a word, I 17 would help them spell it. 18 Do you understand that was part of your 19 job? 20 A Yes. 21 Make that 29, please. Take a look at 22 that. Is this the investigation you were just 23 referring to where Ms. Bonham asked you about 24 whether you shut the door on somebody or pushed 25 them down on the ground? u?mm?nwmawmebm?u Case Document 39-1 Filed in USDC on 12/15/10 Page 28 of 78 Tashia Taylor 11/22/2010 74 1 A No. 2 Do you remember being interviewed by 3 Ms. Bonham regarding that incident? 4 A Vaguely. 5 On Page 7 of 8 underneath the portion 6 that's a summary of your discussion with 7 Ms. Bonham, looks like it's, I guess, the third 8 paragraph there indicates that the resident does 9 not like you. Is this the same resident that we 10 were discussing earlier that you had a problem 11 with or that had a problem with you? 12 A I'm sorry. What was your questionguess it's the 14 second paragraph where it indicates that this is 15 a resident that does not like you, is this the 16 same patient we were talking about earlier? 17 A Yes. 18 That you had a particular problem 19 dealing with? 20 A That is correct. 21 Do you remember Ms. Koch trying to 22 organize some sort of meeting or mediation 23 between you and this particular patient? 24 A I do. 25 Why did Ms. Koch organize that meeting? refs-ssia?ai Case Document 39-1 Filed in USDC on 12/15/10 Page 29 of 78 Tashia Taylor 11/22/2010 75 1 A Because I had complained several times 2 that this child is targeting me and nothing is 3 being done about it. I don't know why this 4 child doesn't like me and it's a big issue on 5 the unit, and we had gone into Ms. Koch's office 6 to have a sit?down, but the patient refused to 7 talk about anything. 8 Do you think Ms. Koch was trying to help 9 resolve the issue between you and that patient? 10 A I do. 11 Mark this as 35, please. What did the 12 patients call Mr. Stone? 13 (Exhibit 35 marked for identification) 14 A Mr. Jamie. 15 Do you remember a grievance by a child 16 looks like alleging that you, "Made me pissed"? 17 A No. 18 "And lots of stuff to make me mad"? 19 A No. 20 Looks like it's a looks like there's 21 obviously handwriting that's not the child's. I 22 assume it's not your handwriting. 23 A No, it's not. 24 Do you know if Ms. Bonham ever helped 25 children fill out grievances? - -- Case Document 39-1 Filed in USDC on 12/15/10 Page 30 of 78 Tashia Taylor 11/22/2010 77 1 screaming and hollering, and she had come over 2 to see if she could help. 3 What do you recall about how this 4 investigation progressed? Was the first contact 5 with anyone investigating this Ms. Bonham? 6 A No. Actually, Mike Kistler had come to 7 me and said, "You're being investigated," and I 8 was like, "For what?" and he was like, "We've 9 got to move you to the north unit," and actually 10 it wasn't the north unit because one of their 11 workers didn't want to switch because they 12 didn't like working on the south unit. So I was 13 actually being placed on one of the hardest 14 units to work, and I was not happy with that. 15 That was unacceptable to me, and that's how I 16 found out about this one. 17 Why did Mr. Kistler indicate he was 18 moving you out of the south unit? 19 A Because I was being accused of abuse. 20 Is that something that you had seen they 21 had done to other 22 A When other MHTs had been accused of 23 abuse, they were actually suspended until their 24 investigation was over with. 25 would you rather have been suspended? mfaseionaf -. :epartars 4: emu 3 .7 . umwa?namm?maemm Case Document 39-1 Filed in USDC on 12/15/10 Page 31 of 78 Tashia Taylor 11/22/2010 78 1 A Absolutely. 2 Why? 3 A Because I didn't want to work on the 4 most aggressive traumatic unit at the facility. 5 I felt that I was being set up, put in a 6 position to where I was already being accused of 7 abuse and being put on that unit. I was going 8 to have to physically restrain someone and be 9 accused of something else, and I didn?t feel 10 that was fair or have that possibility come up. 11 What unit were you placed on? 12 A They called it the trauma unit. 13 What types of patients were in the 14 trauma unit? 15 A Severely aggressive patients. I 16 couldn't even tell you. It was ridiculous to 17 work over there. 18 You mentioned that Mr. Kistler 19 initially informed you you were going to be 20 moved to the north unit? 21 A Uh?huh. 22 But an MHT on the north unit didn't want 23 to be transferred? 24 A To the south unit. 25 To the south unit. raisesmmi 7713;591:Case Document 39-1 Filed in USDC on 12/15/10 Page 32 of 78 Tashia Taylor 11/22/2010 79 A Again, yes. 2 Do you remember who that MHT was that 3 didn't want to be transferred? 4 A Ms. Rhonda Adams. 5 Why do you say again? 6 A Because we had we've traded before. 7 When was that? 8 A I don't remember. 9 Was that during an investigation? 10 A Yes. 11 So you had previously been moved to the 12 north unit during an investigation? 13 A Yes. 14 Are you aware of any other MHTs that 15 were moved to different units during 16 investigations? 17 A No. 18 Are you saying it never happened or you 19 were never aware of any? 20 A I wasn't aware of any because the MHTs 21 that I had known, which were mostly male, to be 22 under investigation for abuse were actually 23 suspended until the investigation was concluded. 24 were you aware of any other female MHTs 25 that were being investigated for abuse? Case Document 39-1 Filed in USDC on 12/15/10 Page 33 of 78 Tashia Taylor 11/22/2010 you think sending you to the 3 trauma unit was setting you up to fail? 4 A Because they were already having 5 staffing issues and nobody wanted to work over 6 there, and I feel as though they took this 7 opportunity to say, hey, you know, she's already 8 I mean, because this investigation came just 9 before I was put on probation. So, I mean, 10 that's why I feel like it was a setup because 11 they couldn't get me out any other way and this 12 was the only way. There were incidents that 13 came up while I was on that unit as well, so I 14 worked there for about a week. My co?workers 15 were forewarned to report me if I didn't 16 complete my job. 17 You don't think it's appropriate for 18 them to keep an on someone who's under 19 investigation for abusemean, I think it's okay 21 to do that, but I also expressed to Mr. Kistler 22 that I would have preferred to have just been 23 suspended. 24 What was his response? 25 A I?m doing you a favor. Case Document 39-1 Filed in USDC on 12/15/10 Page 34 of 78 Tashia Taylor 11/22/2010 81 1 You didn't feel like that was a favor? 2 A Absolutely not. 3 You said they were short staffed already 4 on the trauma unit? 5 A Yes. 6 Do you remember when you went to the 7 trauma unit, the date? 8 A I don't. 9 Was it after this March the 23th, 2009 10 investigation that we're looking at? 11 A I don't remember. It was during this 12 time. I don't remember what day it was. 13 Do you remember who you worked with on 14 the trauma unit? 15 A Ms. Angie. What's Angie's last name? 16 Luster, I believe, and David Burgland. 17 Anybody else? 18 I don't think so. 19 Okay. What race was Ms. Luster? 20 A White. 21 What race was Mr. Burgland? 22 A White. 23 Had they done something wrong to be 24 placed on the trauma unit or was that their 25 normal was! - I 5 Case Document 39-1 Filed in USDC on 12/15/10 Page 35 of 78 Tashia Taylor 1 1/22/2010 82 A No. They Ms. Angie hadn't been there 2 very long when the trauma unit opened up, so 3 that's where she went and Mr. Burgland was also 4 a new hire. 5 Is a trauma unit a place where they 6 typically put the new people? 7 A I don?t know. I mean, they had just 8 opened up the new building and three other units 9 were opened up, so I don't know. 10 And you mentioned that you had 11 previously been transferred to another unit 12 during investigations. You were previously 13 swapped with Ms. Phillips, is that what you 14 said? 15 A No. With Ms. Adams to the north unit. 16 Okay. And you were okay with that 17 procedure or would you have preferred to have 18 been suspended during those investigations, too? 19 A I would have preferred to have been 20 suspended. 21 How come? 22 A Because per their handbook, it states 23 that if you are accused of abuse, you'll be 24 suspended until completion of the investigation. 25 Do you think the previous times you were ?rsfassiansi Case Document 39-1 Filed in USDC on 12/15/10 Page 36 of 78 Tashia Taylor 11/22/2010 83 1 transferred to the north unit were No. The north unit was actually an 4 easier unit to work. 5 How many times had you been transferred 6 to the north unit during an investigation? 7 A Just once. 8 How many times were you transferred to 9 the trauma unit during an investigation? 10 A Just once. 11 Were there any other times that you were 12 transferred somewhere else during an 13 investigation? 14 A No. 15 were you ever suspended during an 16 investigation? 17 A No. 18 Okay. Mark this as 37, please. Do you 19 remember a situation where a patient complained 20 that you shut a door on her and threatened to 21 hit her? 22 (Exhibit 37 marked for identification) 23 A No. 24 Do you remember talking to Ms. Bonham 25 about an incident where a patient complained you - Case Document 39-1 Filed in USDC on 12/15/10 Page 37 of 78 Tashia Taylor 1 1/22/2010 84 I shut a door on her and threatened to hit her? 2 A No. 3 Do you remember seeing this document 4 during the unemployment procedure? 5 A I don't recall seeing this document, no. 6 Do you know who this refers to, 7 Ms. Beheard, Behard? 8 A Oh. Ms. is what they called 9 Ms. Belinda. It appears like she's trying to 10 say, "Ms. heard." 11 Okay. Who is Ms. 12 A Belinda Southard. 13 And that is an MHT on the north unit? 14 A On the north unit, yes. 15 Could we mark this as 38? Thank you. 16 At some point did you have a meeting with Jordan 17 Cooke, David Goodgame and Duane Harris? 18 (Exhibit 38 marked for identification) 19 A Yes. 20 Who is Jordan Cooke? 21 A I don't recall what her position is, but 22 I assume it has to do with HR. 23 Okay. Who is Duane Harris? 24 A I guess he's the director of HR. 25 Did you ever deal -- strike that. Did Pramssicnal . - . Case Document 39-1 Filed in USDC on 12/15/10 Page 38 of 78 Tashia Taylor 11/22/2010 85 1 you deal with Ms. Cooke and Mr. Harris regarding 2 human resources issues? 3 A I don't understand your question. 4 Why is it your understanding that they 5 were in human resources? 6 A Just because I had turned in some paper 7 work for FMLA to Ms. Cooke and she was over at 8 Riverside and I had met with Duane before during 9 the hiring process over at the main facility. 10 Okay. So Mr. Harris handled HR ll functions at the main facility and Ms. Cooke 12 handled HR functions at Riverside, is that 13 correct? 14 A I don't know. I would assume. 15 But that was your experience? 16 A Yes. 17 When we say the main facility on 18 Riverside, what is the main facility? 19 A Well, we call it the big mountain, 20 Shadow Mountain on 61st and Sheridan. 21 Shadow Mountain is also a 22 hospital? 23 A Yes. 24 And Riverside is part of the Shadow 25 Mountain system? rakssiv?ai ma?amm?mm?maam? Case Document 39-1 Filed in USDC on 12/15/10 Page 39 of 78 6 Tashia Taylor 11/22/2010 Yes. And that's a smaller hospital? A Yes. But they're all in the same system? A Are they all owned by the same company, Solutions? Yes. They were owned by Solutions. A Okay. How far away is Riverside from Shadow Mountain? A Just a few miles. Did you ever work at the Shadow Mountain facility? A No. How did this meeting occur? How were you informed that there was going to be a meeting? A David Goodgame had come down to the unit and asked if I could meet with them in the conference room, and I said okay. Okay. Then what happened? A And when I got there, Ms. Cooke was there and Mr. Harris was there and so was Professm?af - '3 Case Document 39-1 Filed in USDC on 12/15/10 Page 40 of 78 Tashia Taylor 11/22/2010 87 1 Mr. Goodgame. 2 And what did they say to you? 3 A I don't really recall what was said, but 4 this was given to me. 5 Well, did they discuss that they had 6 received 20 patient grievances alleging patient 7 rights violations? 8 A I don't recall. 9 Did they discuss that OCA had 10 investigated you on seven occasions? 11 A I don't recall what was said during that 12 meeting. 13 What does "call her grandma" mean? 14 A "Call her grandma" was a term that co?worker who not 16 necessarily was being inappropriate, but if we 17 felt that they needed a timeout just to get 18 away, we'd say, "Go call grandma." 19 Did you ever indicate to another 20 employee that they needed to take a timeout? 21 A Did NO. 22 Did anyone ever indicate to you that you 23 needed to take a timeout? 24 A Yes. 25 When was the first time that happened? .- amwmmeeme?mseam Case Document 39-1 Filed in USDC on 12/15/10 Page 41 of 78 Tashia Taylor 11/22/2010 88 1 A The only time that's happened was when 2 the last investigation when Ms. had come 3 over. 4 Did you think you needed to take a time 5 out in that situation? 6 A No. 7 Have you ever discussed with Ms. that 8 you thought her telling you to call your grandma 9 was inappropriate or unnecessary? 10 A No, but what had happened was after I 11 received this, I showed it to her and I said, 12 "Look at this," and then she read it, and she 13 said, "That's not what I said," and she wrote a 14 statement in regards to what she said because 15 they had taken that and turned it completely 16 around. 17 What did she say she said? 18 A What I can remember from her letter that 19 she had written was that she didn't tell me to 20 go call my grandmother based on the fact that I 21 was engaging in negative behavior with a 22 patient, but that the patient was focused on me 23 and was upset, and I was on the phone with the 24 patient's father at the time which was why she 25 said, "Go call grandma," just to get me away so Case Document 39-1 Filed in USDC on 12/15/10 Page 42 of 78 Tashia Taylor 11/22/2010 39 the focus wasn't on me anymore. 2 Was it discussed during this meeting 3 that you'd be placed on a performance 4 improvement plan? 5 A Yes, it was. 6 And that you would be placed on a 90-day 7 probationary period? 8 A Yes, it was. 9 Did they tell you that you would be 10 under close supervision during that time period? 11 A What they told me was that once a week I 12 would need to write down things that had 13 happened on the unit and report it back to David 14 Goodgame and him and I would sit down and 15 discuss it. 16 Did that ever happen? 17 A No. 18 Why did you refuse to sign this 19 document? 20 A Because I wanted to review it first, and 21 I didn't also think it was fair that I was being 22 placed on 90 days probation after 20 or so 23 grievances and after seven investigations and 24 after I had already filed complaints with 25 outside agencies. That's why I didn't sign it. rafassis?si .- i - Case Document 39-1 Filed in USDC on 12/15/10 Page 43 of 78 Tashia Taylor 11/22/2010 90 I didn't think it was fair. 2 Are you aware of anyone else who had 3 this many grievances? 4 A No. I wasn't aware I had that many. It 5 was news to me. 6 Are you aware of anyone else who was 7 investigated by OCA seven times? 8 A No. It was news to me that I was. 9 You had spoken with OCA several times 10 based on the investigations we looked at, right? 11 A Yes, and from what the conversations 12 that we had, not all of them were sit in the 13 conference room with a recorder. It was kind of 14 Stacy come and ask me some questions like she 15 always did. I didn?t think anything of it nor 16 did I know I was being investigated. 17 Were some of them sit in a conference 18 room with a recorder situations? 19 A Twice there was. 20 With Stacy? 21 A No. 22 Who did those investigations? 23 A I don't recall. They were different 24 people. I don't know who they were. And one of 25 those times was actually not for me because I Case Document 39-1 Filed in USDC on 12/15/10 Page 44 of 78 Tashia Taylor 11/22/2010 91 1 was a witness in one of them. One was geared 2 towards me; the other one wasn't. 3 Okay. Do you remember what the one that 4 was geared towards you was investigating? 5 A I recall it being about the incident 6 with the young lady who was hitting her head. 7 And that was not Ms. Bonham? Is that 8 what you testified? 9 A Yes. 10 And you don't know who it was? 11 A Yeah. I don't know who it was. 12 were you told during this meeting that 13 if there were any other incidents, you might be 14 terminated? 15 A During this meeting, I don't recall. 16 Did you take this probationary period 17 seriously? 18 A I did. I received this on a Thursday. 19 That following Wednesday I was on vacation. I 20 returned that Mondaysuspension. So I didn't have an opportunity to 22 take it as serious as I could have. 23 Mark this as 39, please. Are you aware 24 of any other employee at Riverside that was in a 25 similar situation to this that was placed on a - Iapariers seweameme?menam Case Document 39-1 Filed in USDC on 12/15/10 Page Tashia Taylor 11/22/2010 probationary period? (Exhibit 39 marked for identification) A No. At some point did you file a complaint against Ms. Koch indicating that she helped a patient write a grievance against you? A Yes. What was the nature of that complaint? A I don't recall because I haven?t reviewed any of those documents in a while, but I do recall in a unit meeting in front of the clinical staff as well as my co?workers, she did admit to helping the patient of the last investigation write that grievance. Do you know if your report was investigated? A No, it was not. How would you know if it was investigated? A Well, according to the handbook I'm supposed to be notified when it is investigated, when the investigation has concluded, and what the results were. I never received any of that. What was your problem with Ms. Koch helping the patient fill out a grievance form? ?rfassianal l? I Case Document 39-1 Filed in USDC on 12/15/10 Page 46 of 78 Tashia Taylor 11/22/2010 93 1 A I didn't have a problem with her helping 2 the patient. I had a problem with her helping 3 the patient with what to saythe details of it. That's what I had a problem 5 with. 6 How do you know that Ms. Koch helped the 7 patient with what to say and the details? 8 A That's exactly what she stated in the 9 meeting, which is what I put in my complaint. 10 What did Ms. Koch say? 11 A I don't recall. I haven't looked at my 12 complaint in a while. 13 were you there when Ms. Koch was 14 assisting the patient writing the grievance? 15 A No. 16 Did you see the grievance that Ms. Koch 17 allegedly helped the child write? 18 A No. 19 How did you become concerned that 20 Ms. Koch might have helped the child write a 21 grievance? 22 A Because the patient had told the other 23 staff members and they had told me. 24 Who is they? 25 A Ms. Woods and Mr. Johnson and Mr. Stone s?wa?ma?m??3sem. Case Document 39-1 Filed in USDC on 12/15/10 Page 47 of 78 Tashia Taylor 1 1/22/2010 93 1 come into contact with her very much, soYes. 4 Have you ever seen this statement? 5 A No, I have not. 6 Do you remember when Ms. Koch was trying 7 to explain what she had done regarding helping 8 the patient fill out the grievance form? 9 A No, because after she had said she 10 helped, I needed to go call grandma then. 11 You mad at Ms. Koch? 12 A Absolutely. 13 Was Ms. Wilcox present during that 14 meeting? 15 A I don't remember. 16 Mark this as 41. Is there anything in 17 this statement that you think not accurate? 18 (Exhibit 41 marked for identification) 19 A I don't know. 20 You don't know if you disagree with 21 anything in that statement? 22 A I disagree with the part that she stated 23 "Margie said she helped her write helped her 24 with a few words she couldn't spell herself." 25 What about that do you disagree with? Case Document 39-1 Filed in USDC on 12/15/10 Page 48 of 78 Tashia Taylor 11/22/2010 99 A The entire thing. 2 Margie didn't say that? 3 A I don't know. I wasn't in the room. 4 Could this patient read and write? 5 A Somewhat, yes. 6 Did she need help reading and writing? 7 A Reading on occasion if she didn't 8 understand a word, yes. Writing for the most 9 part she could handle, but if she needed help 10 spelling a word, she'd ask. 11 Did you ever help that particular 12 patient fill out a grievance form? 13 A No. 14 Did you ever help that patient write 15 anything? 16 A I've helped her with her schoolwork, 17 yes. 18 Patients attend school while they're at 19 the facility? 20 A Yes. 21 Do you think Ms. Koch didn't like you? 22 A Yes. 23 Why don't you think she liked you? 24 A Because I was black and female and she 25 doesn't get along with females very well. Regedem Case Document 39-1 Filed in USDC on 12/15/10 Page 49 of 78 Tashia Taylor 11/22/2010 102 1 and you're only letting the males know and I 2 don?t think that's right because I'm also a part 3 of this unit and I feel as though I need to be 4 included on what's going on, if there are any 5 changes made because, first of all, they're not 6 going to remember." That was just it. 7 What was your response to that? 8 A That was actually me talking to her. 9 Oh. What was her response to that? 10 A I don't get along with females very 11 well. That's how that whole thing came about. 12 What was your response? 13 A "Okay." What do you say to that? 14 Do you get along better with males or 15 females? 16 A I get along with both. 17 So you said Ms. Koch didn't keep you 18 updated on things that were going on on the unit 19 and you think that was because you were a 20 female, is that correct? 21 A Yes, and because she preferred to work 22 with males. 23 Anything else that Ms. Koch did you 24 think was based on the fact that you were a 25 female? rofassignai Case Document 39-1 Filed in USDC on 12/15/10 Page 50 of 78 Tashia Taylor 11/22/2010 103 1 A Other than those things, no. 2 Any other reason you don't think 3 Ms. Koch liked you? 4 A Probably because she thought I was a 5 bitch. 6 Why do you think she thought you were a 7 bitch? 8 A Because she would tell patients' 9 guardians that and they would speak on the phone 10 and they'd say, "You know, Ms. Margie doesn't 11 like you very well." 12 "What? What do you mean?" 13 "No. She calls you a bitch. She doesn't 14 like you very well." 15 Patients' parents would tell you that? 16 A Guardians, yeah. 17 Oh. Guardians? 18 A Uh-huh. 19 What was your response to that? 20 A I'm flabbergasted. First of all, why 21 are you discussing your dislike with me with 22 them? I mean, I think that's inappropriate for 23 one. Number two, if you have any concerns with 24 me, bring them to me. Don't tell anybody else 25 about them. I don't want those patients to Professionai [?ats Wameps??m?m Case Document 39-1 Filed in USDC on 12/15/10 Page 51 of 78 Tashia Taylor 11/22/2010 104 1 think we're not a whole unit, you know. We're 2 not on the same page. I thought that was just 3 very inappropriate, disrespectful. 4 Did you ever address that with Ms. Koch? 5 A I did not. I just made my complaints. 6 Did you do anything that would make her 7 think you were a bitch? 8 A No, except for complaining about her 9 probably. That would be it. 10 You think that was some sort of 11 personality conflict between the two of you? 12 A It's a possibility. 13 Do you think Ms. Koch had a problem with 14 you because of your race? 15 A I think that played a little into it, 16 yes. 17 Why do you think that played into it? 18 A Because she would also tell these same 19 guardians how much she didn't like black people. 20 She'd make negative racist comments and they 21 would tell me, but then when Mr. Stone would, 22 you know, bring it to her attention, she'd say, 23 no, that was them who would say that, and, you 24 know, it's like okay. Who do you believe now? 25 No one. So everybody is a racist. ?rf'essiansi 91?. a .. - Her Case Document 39-1 Filed in USDC on 12/15/10 Page 52 of 78 Tashia Taylor 11/22/2010 105 1 So you're saying that Ms. Koch allegedly 2 made racist statements to guardians and the 3 guardians would tell you? 4 A Myself and Mr. Jamie, yes, but I've also 5 heard her make racial comments in the presence 6 of patients. 7 What kind of racial comments did she 8 make? 9 A Just about black people, how terrible 10 the country would be if a black man was running 11 it, you know, things like that. She nearly 12 incited a riot that day. 13 And this is the day of President Obama's 14 inauguration? 15 A That is correct. 16 Okay. So the country would be terrible 17 if we had a black president? That what you're 18 alleging she said? 19 A She stated how terrible the country 20 would be if a black man was running it is what 21 she stated. 22 Any other racist comments that she made? 23 A Not that I can recall. 24 Did you actually hear her say that the 25 country would be terrible if a black man was 'mapmmgaar?afawm Case Document 39-1 Filed in USDC on 12/15/10 Page 53 of 78 Tashia Taylor 11/22/2010 108 1 know, once they say that, I kind of don't want 2 to you know, what else did she say? No, 3 that's not me. Just that's enough for me, but 4 more than one guardian has come to me and told 5 me that she doesn't like black people, niggers, 6 you know. 7 Who used the word then? 8 A Ms. Koch did. 9 According to the guardians? 10 A Yes. 11 You never heard Ms. Koch say she doesn't 12 like black people? 13 A No. I never heard her say that myself. 14 You never heard Ms. Koch use the word? 15 A No. 16 You received those reports from 17 guardians? 18 A Ifm sorry? 19 received those reports from 20 guardians? 21 A Yes, when I would talk to them over the 22 telephone or if I had met with them in the 23 lobby. 24 Okay. Did Ms. Koch do anything to you 25 based on your race or gender or just make these ?rafassiansi - Hal?s a??mawm?mm?wmm?i Case Document 39-1 Filed in USDC on 12/15/10 Page 54 of 78 Tashia Taylor 1 1/22/2010 109 1 comments that you feel are racist? 2 A She just made the comments that I felt 3 were racist besides being discriminatory against 4 me as a female when it came to concerns of the 5 unit. Those were basically it with her. 6 As far as her not keeping you up to 7 speed on what was happening? 8 A And not wanting to deal with me as a 9 female, things like that. Just not including 10 me. 11 Ms. Koch didn't make any decisions about 12 'your pay or assignments or anything, did she? 13 A I don't know. 14 Is this the incident report you 15 submitted regarding the alleged comment about 16 the president? 17 A No. 18 Okay. What is this document that I 19 handed you? 20 A This is the complaint against Margie for 21 assisting a patient and filing a false report 22 against me lodging an external investigation. 23 Okay. And that's the incident that we 24 discussed earlier, is that correct? 25 A Yes. iimiassiwm 'iamrters Case Document 39-1 Filed in USDC on 12/15/10 Page 55 of 78 Tashia Taylor 11/22/2010 114 1 So you understand the importance of 2 confidentiality and patient privacy? 3 A I do. 4 Make this 43, please. There's an 5 incident on or about May the 4th of 2009 6 regarding an alleged knife in the facility. 7 (Exhibit 43 marked for identification) 8 A Yes. 9 What happened in that situation? 10 A That situation, myself and Mr. Jamie had 11 come on shift. We had gotten about halfway 12 through the shift when the kids had told us 13 they were all just kind of sitting at the round 14 table and we were just sitting and Chatting and 15 they said one of the patients had brought a 16 knife back Sunday from an overnight pass that he 17 had on Saturday, and myself and Mr. Jamie of l8 course asked, "Why didn't you guys tell staff? 19 Why are you guys waiting till now to say 20 anything about it?" 21 "We told 7:00 to 3:00 staff, but they never 22 do anything about it." 23 So myself and Mr. Jamie, we pulled that 24 patient to the side, let him know that this is 25 what we were told. We had him empty his Prefessinnai Case Document 39-1 Filed in USDC on 12/15/10 Page 56 of 78 Tashia Taylor 11/22/2010 116 1 A Yes. 2 You and Mr. Stone were involved in the 3 investigation of the alleged knife that turned 4 out to be a pen? 5 A I don't know if he was. I was targeted, 6 but I don't know if he was. 7 I'm saying you were investigating 8 whether or not a patient had a knife? 9 A Yes, we both did. 10 And did you report it to anyone else 11 other than Ms. Adkins? 12 A The nurse. 13 And you don't remember the nurse's name? 14 A I don't remember her name. Summer I 15 think was her name, but I don't know her last 16 name. 17 Okay. At that point you were still on 18 the trauma unit? 19 A No, I was back on the south unit. 20 0n the south unit? 21 A Uh?huh. 22 How long were you on the trauma unit? 23 A I think it was just about a week. I 24 went on FMLA for about 20 or so days, and when I 25 had come back, I was told I could return to the mime: . .. Case Document 39-1 Filed in USDC on 12/15/10 Page 57 of 78 Tashia Taylor 11/22/2010 117 1 south unit, and I returned April 20th. 2 Did you have any issues while you were 3 on the trauma unit as far as receiving 4 complaints or grievances from patients? 5 A No, but there was an incident where 6 myself and David Burglandcore staff on the unit, we had to escort a 8 patient out of the utility closet where 9 chemicals and things were, and the director of 10 nursing, Pam Hoskins, had told us because she 11 wasn't present, we didn't need to file an 12 incident report or do the paper work for it. 13 Let Ms. Michelle know. We called David, and I 14 said, "Huh?uh, because somebody else was fired 15 for that just the week before. You guys got to 16 get me another way." So he said, "All right. 17 Just do the paper work and turn it in under my 18 desk or under my door," and I did. 19 So are you implying that that was some 20 sort of trick to get you fired? 21 A I felt it was, yes. 22 Who was resPonsible for that then? 23 A Pam Hoskins. She was the director of 24 nursing. 25 Do you think Ms. Hoskins was trying to "sport-?are 7 77 Case Document 39-1 Filed in USDC on 12/15/10 Page 58 of 78 Tashia Taylor 11/22/2010 122 1 A No. Myself and Mr. Stone didn't find a 2 pen. Ms. Michelle found a pen. 3 Okay. You and Mr. Stone bagged the pen? 4 A Yes, put it in a plastic Ziploc bag and 5 turned it into the nurse. 6 What was the next you heard about the 7 knife/pen investigation? 8 A When I received a phone call from 9 Ms. Cooke stating that I was being investigated 10 for the knife incident, and that was that was 11 that same day, the 4th. I had just returned 12 from vacation. 13 Was the vacation preplanned or was the 14 vacation because of all this stuff? 15 A No. It was preplanned. 16 What did you do on your vacation? 17 A I went to South Beach. 18 Sounds nice. 19 A Yeah. It was a good time. 20 So you come back to work and Ms. Cooke 21 called you. What did Ms. Cooke say? 22 A I don't recall. 23 Did she indicate that there was an 24 investigation going on about the pen? 25 A Yes. rafessinnai ?epartm's 1: iams?ewl??mm Case Document 39-1 Filed in USDC on 12/15/10 Page 59 of 78 Tashia Taylor 11/22/2010 123 1 Do you remember what you said to 2 Ms. Cooke? 3 A I told her if I was being investigated I 4 would be recording this conversation. 5 Do you remember what her response was? 6 A I'll have to get back to you on that. 7 Did she get back to you on that? 8 A No. David Goodgame had come down and 9 asked to come and speak with him. 10 What did you say to Mr. or 11 Dr. Goodgame? 12 A I said, "Okay, but any conversation 13 we're going to have, I'm going to record it." 14 Why did you want to record the 15 conversation? 16 A Because I had been investigated and from 17 the last one words were taken and misconstrued, 18 and I didn't want that to happen again. That's 19 why. 20 Okay. Do you know if anyone else was 21 disciplined regarding the pen/knife incident? 22 A No, I do not. 23 Did you ever talk to Mr. Stone about 24 whether he was disciplined about that incident? 25 A No. ?mfassionsi -- ?spotters Case Document 39-1 Filed in USDC on 12/15/10 Page Tashia Taylor 1 11/22/2010 Have you talked to Mr. Stone since you were terminated from Riverside? A I sent him a Facebook message in regards to a CD he had released, but other than that, no, I haven't talked to him. Mr. Stone is a musician? A Well, I wouldn't say a musician. He sings and records songs and stuff, were you ever disciplined because of the knife incident? A I was indefinitely suspended because I didn?t comply with their, what they said, didn't comply with their investigation. What was the reason that they gave you for not allowing you to record the interview? A They didn't give a reason. I told them it's not against HIPAA, and I said, but if you guys choose to not let me record, I would like to have another person present, and they didn't want to do that either. Were you aware of them ever letting anyone else record an interview or an investigation? A No. Are you aware of them ever allowing Professions? Ham??rs w?wewm?ms?m?cmn Case Document 39-1 Filed in USDC on 12/15/10 Pa Tashia Taylor 2 11/22/2010 610f78 anyone else to have someone sit in on an investigation or an interview? A I don't know. So no? A I don't know if they have. I don't know. Okay. Did you indicate that you would not speak with them unless you could have someone sit in or record the conversation? A Yes. So based on that, they suspended you? A Yes. They said, "Where we're at with you," from David Goodgame, "is you're suspended." Did you think that was fair? A No. Do you think that was based on your gender? A NO. Do you think that was based on your A No. What do you think it was based on? A I think it was retaliatory based on the complaints that I made with the Department of Case Document 39-1 Filed in USDC on 12/15/10 Pa 62 of 78 Tashia Taylor 11/22/2010 q27 1 Was it before you were transferred to 2 the trauma unit? 3 A Yes. 4 What was your complaint? 5 A I don't recall. I haven't looked at it 6 in a while. I don't have it with me. 7 You do have a copy of it, though? 8 A I do. 9 Did Dr. Goodgame take your badge and 10 keys from you when you refused to participate in 11 the investigation without a witness or a 12 recording? 13 A Yes. He did take my badge and keys. 14 And you were asked to get your things 15 off the unit? 16 A Yes. 17 Did you make a phone call at that point? 18 A I did. 19 Who did you call? 20 A I called my mother. 21 Told her that they suspended you? 22 A Yes. 23 Did Dr. Goodgame ask you not to use the 24 phone in the facility? 25 A I don?t recall him saying that to me, Pra?ssiunsi Case Document 39-1?ed in USDC on 12/15/10 Pagf2683 of 78 Tashia Taylor 11/ [2010 1 no 2 Are you aware of Riverside's policy 3 prohibiting phones on the 4 A There was a document that had come out 5 that I received in the packet for the 6 unemployment hearing, that there was a memo that 7 had come out that I wasn't aware of. It was on 8 April the 20th, and I had just come back. I had 9 never signed a training status that I was aware 10 of it. No, I was not aware of it. I had been 11 gone for nearly a month. 12 Okay. So you're saying the phone policy 13 was implemented while you were out? 14 A That is correct. 15 And you were not aware of it when you 16 came back? 17 A That is correct. 18 Do you know if any of the patients were 19 upset by your conversation they overheard when 20 you were speaking with your mother on your cell 21 phone? 22 A I don't know. 23 were there kids present at that time? 24 A Yes. They were having group actually, I 25 think. H?s v. w. Case Document 39-1 Filed in USDC on 12/15/10 Page 64 of 78 132 Tashia Taylor 11/22/2010 1 Do you remember receiving this letter? 2 A Yes. 3 And this indicates that you're being 4 terminated, is that correct? 5 A Yes. 6 And I assume that you disagree with the 7 reasons for your termination? 8 A Yes. 9 Okay. Mark this as 45, please. What 10 time do you need to leave? 11 (Exhibit 45 marked for identification) 12 A It's about 20 minutes from here, so if 13 we could be done by 2:00, because I've still got 14 to get changed, that would be awesome. 15 I'll do my best. 16 A Okay. 17 Do you think your termination was based 18 on your race or gender? 19 A I feel as though it played a small part 20 in it based on the complaints that I made, but I 21 feel my termination was more retaliatory than 22 anything. 23 Okay. Is retaliatory based on you 24 mentioned the DOL complaints you made? 25 A And the EEOC complaints. Pm?ssimrai .apa?srs am?uwm enanm, Case Document 39-1 Filed in USDC on 12/15/10 Page 65 of 78 Tashia Taylor 11/22/2010 133 1 Did you complain to the EEOC before you 2 were terminated? 3 A Yes. 4 Did Riverside know that you complained 5 to the EEOC before you were terminated? 6 A Yes. 7 Okay. What other complaints are you 8 alleging that you were retaliated against? 9 A For making a complaint about falsifying 10 documentation. I think that's it. 11 Okay. The documentation issue, what was 12 that? 13 A E?mails are being sent out and they?re 14 trying to keep up with patients? charts and 15 everything. A lot of them had missing 16 information especially from MHTs who were no 17 longer there. They would come to staff who was 18 on that unit and say, oh, well, so and so you 19 worked with so and so that day, but they're no 20 longer here. We don't have their progress notes 2l for this day, so you need to write it. This 22 would be months after these people were gone, 23 and Krista Rosebrough, she would send out 24 e?mails about missing information from patients' 25 charts and things like that. Not only that, but "?rofa$sionai Case Document 39-1 Filed in USDC on 12/15/10 Page 66 of 78 Tashia Taylor 11/22/2010 134 1 Michelle Adkins was, I witnessed this myself, 2 have Mr. Kistler and Krista come to her and 3 coerce her into mass producing recreational 4 therapy notes as well as putting in ones that 5 were missing, just making them up. I was a 6 witness to this. So, yestold her she needed to complain about that, file 8 a complaint so that they can't keep doing that. 9 I told her who it's going to come down to, who's 10 going to get in trouble for it. You are because 11 your name is on it. Don't do it. 12 Okay. 13 A So I filed the complaint. 14 Who did you file the complaint with? 15 A With the ValuesLine. 16 How many times did you call the 17 ValuesLine? 18 A Several times. II don't recall the 19 number to be exact, but there was several times. 20 Is the valuesLine anonymous? 21 A Yes, you can be anonymous. 22 Did you choose to be anonymous? 23 A On some, yes, I did. 24 Okay. Which ones were you anonymous on? 25 A I don't recall. ?refassiunsf ?eperters .. Case Document 39-1 Filed in USDC on 12/15/10 Page 67 of 78 Tashia Taylor 11/22/2010 135 1 The racial one? 2 A I don't believe so, no. 3 The falsifying documents one? 4 A I don't think so. 5 You don't remember? 6 A Yeah, I don't remember. 7 Why don't we take five minutes and go to 8 the restroom or whatever. 9 A Okay. 10 (Short break at 12:45 resumed at 12:52 11 - m. 12 (BY MS. MCDOWELL) We're back on the 13 record after a quick break. Do you remember 14 writing that statement on Facebook about Satori? 15 A Yes. 16 Is that an accurate description of your 17 feelings towards the Satori method? 18 A Absolutely. 19 Can we make this 46, please? Who is 20 Peanut Taylor? 21 (Exhibit 46 marked for identification) 22 A That's my brother. That?s Claude. 23 Does he work at Riverside or Shadow 24 Mountain? 25 A He worked at Shadow Mountain briefly. ?refessianei Hers Case Document 39-1 Filed in USDC on 12/15/10 Page 68 of 78 Tashia Taylor 11/22/2010 136 1 Have you had any other negative 2 discussions with anyone about Satori? 3 A Yeah, just with co?workers. I mean, 4 we've always discussed how Satori doesn't work. 5 What is Cato? 6 A That's his last name. 7 Oh. What is the Cato method? 8 A I don't know. I don't know. 9 Okay. Have we discussed all the 10 allegations you allege you were discriminated 11 against based on your gender? 12 A Yes. 13 Have we discussed all the incidents 14 where you allege you were discriminated against 15 based on your race? 16 A Yes. 17 Have we discussed all the incidents 18 where you allege you were retaliated against? 19 A Yes. 20 Who at Riverside do you believe 21 discriminated against you? 22 A Margie, and I also feel as though there 23 was a nurse. I forget his name. He did as 24 well, but he quit, so but I also feel I was 25 discriminated against by Mr. Kistler as well in meessinnai R31 Case Document 39-1 Filed in USDC on 12/15/10 Page 69 of 78 Tashia Taylor 11/22/2010 137 regards to not suspending me when others had 2 been suspended during an investigation. 3 Is that the only thing that Mr. Kistler 4 did that you believe was discriminatory? 5 A Yes. In regards to retaliation, he told 6 me and Mr. Jamie both that he knew it was me who 7 was making all of the complaints and 8 allegations. 9 Okay. Do you think Mr. Kistler did 10 anything to retaliate against you based on those 11 complaints? 12 A I feel as though he helped to initiate 13 the 90~day probation because it came about after 14 all 20 grievances, all seven or eight 15 investigations at the last minute. I had been 16 gone on FMLA, come back and here you go, sign 17 this. So I feel he had a hand in it as well. 18 Okay. So the retaliation was 19 A Sorry. I took that. 20 Mr. Kistler you allege and the 21 discrimination was Ms. Koch, is that accurate? 22 A Yes. 23 Okay. You don't allege that Ms. Koch 24 retaliated against you, is that true? 25 A That is correct. Case Document 39-1 Filed in USDC on 12/15/10 Page 70 of 78 138 Tashia Taylor 11/22/2010 1 Okay. Because she was more of a 2 co-worker than a supervisor? 3 A Right. 4 Okay. The nurse who quit, what did the 5 nurse who quit do that you believe was 6 discriminatory? 7 A He made racist comments as well, and he 8 was very disrespectful, and he would like to 9 start arguments, and he referred to black people 10 as you people and started an argument in front 11 of patients and I just felt that was 12 inappropriate. 13 Do you know if that nurse was fired? 14 A I don't know. 15 Do you know if he was investigated for 16 these alleged comments? 17 A Well, I made a complaint with the 18 ValuesLine, so I would assume, yes. 19 And the next thing you knew he was gone? 20 A Yes. I just assume he quit because he 21 hated it there. He had stated a lot he hates it 22 there. 23 But you don't know if he was 24 investigated and fired because of your 25 complaint? You just know that you complained :'?mfassianai wa??wmamm?meamm Case Document 39-1 Filed in USDC on 12/15/10 Page 71 of 78 Tashia Taylor 11/22/2010 139 1 and then he was gone? 2 A Yes. 3 So I have Ms. Koch, Mr. Kistler, and the 4 nurse who quit. Anybody else? 5 A No. 6 So that covers race, the gender, and the 7 retaliation claim, correct? 8 A Yes. 9 Did anyone replace you when you were 10 terminated? 11 A I don't know. 12 Is it a situation where they have a 13 particular spot and they replace people as 14 they're fired or quit or do they just kind of 15 hire as needed? 16 A I think they hire as needed and until 17 that position is filled, I'm pretty sure 18 somebody was taking extra shifts. I don't know. 19 Okay. You never heard Mr. Kistler make 20 any racist or gender -- 21 A No. 22 related remarks? Is this an accurate 23 list of individuals with whom you worked? 24 A That was his name. From earlier, you 25 asked who helped interview me. Byron Watson was rial-s Case Document 39-1 Filed in USDC on 12/15/10 Page 72 of 78 Tashia Taylor 11/22/2010 143 1 And this is your signature indicating 2 that everything in here is true and correct 3 signed on May the 27th, 2009, is that correct? 4 A That is correct. 5 Why don't you take a minute to look over 6 this, and let me know if everything in here is 7 true and correct? 8 A Yes. 9 And have we talked about everything 10 that's in this EEOC charge? 11 A Yes, we have. 12 Mark this, please, as 48. Do you know 13 when Riverside was first informed that you had 14 filed an EEOC charge? 15 (Exhibit 48 marked for identification) 16 A No, I do not. 17 How did you know had talked to my mother about some of 19 the issues that was going on, and she told me to 20 file it with the EEOC. 21 Have you been in contact with any 22 attorneys about your lawsuit? 23 A Yes. Initially when I first filed 24 before I filed the lawsuit, I spoke with an 25 attorney, gave me some advice, and suggested sawmww?mm?m?aem, Case Document 39-1 Filed in USDC on 12/15/10 Page 73 of 78 Tashia Taylor 11/22/2010 147 1 gender and that they retaliated against you by 2 terminating you? Is that an accurate summary of 3 your allegations? 4 A Yes. 5 You're not alleging a hostile work 6 environment, is that true? 7 A That is correct. That was a part of my 8 initial complaint with the EEOC, but I did not 9 file that with this lawsuit, no. 10 Okay. So you made complaints and you 11 don't know whether or not Riverside investigated 12 those complaints, is that accurate? 13 A That is correct. 14 They had a complaint-making procedure in 15 place? 16 A Yes. 17 And you don't know whether they took 18 action to fix the issues you were complaining 19 about, is that true? 20 A That is true. 21 The trauma unit is the most difficult 22 unit you refer to in the complaint? 23 A Yes. 24 Who is April Burgin? 25 A April Burgin. I worked with her on the Praisesiansl Ragtime apeexmaa?g?gqijgg?ganasn Case Document 39-1 Filed in USDC on 12/15/10 Pagliy of 78 Tashia Taylor 11/22/2010 1 autism unit when I first started at Riverside. 2 Uh-huh. So you're alleging that she 3 admitted spitting on a male patient? 4 A That is correct. 5 And you're alleging that she was treated 6 better than you were? 7 A That is correct. I was only accused of 8 these things and she admitted to it, and I was 9 still subjected to many more investigations. 10 How do you know that Ms. Burgin admitted 11 to spitting on a patient? 12 A She told me. She had a meeting with 13 David Goodgame was our therapist at the time, 14 and she had come back to the unit and we talked 15 about it. 16 What did she say? 17 A I don't recall what the entire 18 conversation was. I just remember her telling 19 me that it was because she spit on one patient 20 who was just a hot mess, really oppositional, 21 and I asked her, "Did you mean to spit on him?" 22 and she said, "Yes. I just hocked back and spit 23 on him." I said, "That's so gross." I mean, I 24 was new. I thought that was just gross. 25 She was interviewed then by the Mia-?53mm! matters Case Document 39-1 Filed in USDC on 12/15/10 Pag Tashia Taylor 11/22/2010 administration regarding that incident? A Well, she talked to Dr. David about it. I don't know if there was an investigation or anything. Okay. Do you know if she was disciplined for that? A I do not. Did she say whether she was disciplined? A I don't remember. I want to say she told me that she was written up for it, but I can't recall exactly if that's what she told me. Chris Fields is a black male who you allege would take breaks, smoke marijuana, and smell like liquor? A I don't know if he would smoke marijuana. I just know when he would come back from his extended breaks, he would smell like marijuana and his eyes would be bloodshot, but I you know. I You had never seen him smoke marijuana, but he smelled like it? A Yeah, he smelled like it. I never saw him smoke it. I saw him smoke cigarettes on the but not marijuana. property, Is smoking cigarettes on the property Paganism Case Document 39-1 Filed in USDC on 12/15/10 Pa 76 of 78 Tashia Taylor 11/22/2010 %50 1 against the rules? 2 A It is. 3 Are you alleging that Mr. Fields was 4 treated better than you were? 5 A Absolutely because after all these 6 complaints were made against him, and after it 7 was brought to Mr. Kistler's attention and he 8 interviewed the 3:00 to 11:00 staff, and after I 9 told him what I saw, he wasn't suspended, he 10 wasn't written up. He just went on about his 11 regular day as normal. 12 Did you report Mr. Fields? 13 A I'm the one who wrote the letter, yes. 14 Was it an anonymous letter? 15 A It was, and when Mr. Kistler asked to 16 speak with me about it, I told him I did. 17 What did he say when he asked to talk to 18 you about it? 19 A He asked me if I knew of anything that 20 was going on during the 3:00 to 11:00 shift with 21 Mr. Fields and I told him yes, and he asked me 22 what and I told him. 23 Do you know if Mr. Fields was ever 24 disciplined regarding any of these issues? 25 A I cannot say that I am aware of him Case Document 39-1 Filed in USDC on 12/15/10 Page 77 of 78 Tashia Taylor 11/22/2010 151 1 being disciplined for it. 2 Do you know if Mr. Fields still works 3 there? 4 A I don't know. 5 Why isn't Mr. Fields on our list of 6 people who worked with you? 7 A Because he worked on the autism unit, 8 which our units were right across from each 9 other. 10 And this is a list of people who worked 11 with you on the south unit? 12 A I didn't work with all of these people. 13 Are these all people who worked on the 14 south unit then? 15 A Probably at one point, yes, but I 16 haven't worked with all of them. 17 Is there anyone else who you're alleging 18 was treated better than you besides Ms. Burgin 19 and Mr. Fields? 20 A No. 21 Okay. Do you remember when you reported 22 Ms. Koch to the HIPAA compliance office? 23 A We had a recertification class that we 24 were doing. I don't remember when it was. I 25 believe it was the beginning of 2008. I don't miss-sissy ?at-3 swwawm?mo?msem? Case Document 39-1 Filed in USDC on 12/15/10 Pa 78 of 78 Tashia Taylor 11/22/2010 1 CERTIFICATE 2 STATE OF OKLAHOMA 3 4 COUNTY OF OKLAHOMA 5 I, LUKE EPPS,-Certified Shorthand 6 Reporter within and for the State of Oklahoma, 7 do hereby certify that the witness was by me 8 first duly sworn to testify the truth, the whole 9 truth and nothing but the truth, in the case 10 aforesaid; taken in shorthand and thereafter 11 transcribed; that the same was taken, pursuant 12 to stipulations hereinbefore set out; and that I 13 am not an attorney for nor relative of any of" 14 . said parties or otherwise interested in the 15 event of said action. 16 IN WITNESS WHEREOF, I have hereunto set my 17 hand and seal this 29th day of 18 November, 2010Luke Epps, CSR, RPR 25 CSR No. 1841 .Mfiassianaf I PEN-W3