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1
C 0 N

1

UNITED

F

I

D

E N

STATES

DISTRICT

T

I A

DISTRICT

L

COURT

OF MINNESOTA

2
, 3

John

Ekblad,

P.laintif f ,

4

5

Court

vs .

File

No.

16-CV-834

(DSD/SER)
6

Independent School District No.
Valeria Silva, Individually and

7

Official

Capacity;

and

Theresa

625;
in her
Battle,

Individually and in her Official

Capacity,

8

Defendants .
9
10
11

12

The

13

pursuant

14

Point

15

of

16

Reporter

17

Anoka,

Deposition of

to Notice

Boulevard,

December,

of

Lake

2016,

commencing

Taking
Elmo,

before

and Notary
at

DR.

Public

THERESA BATTLE,

Deposition,
Minnesota,

Kelly
in

L.

and

approximately

at

on

Brede,
for

the

9:15

taken

8519

the

5th

Eagle
day

Court
County

of

a.m.

18
19
20
21

COPY

22
23

24

EXHIBIT

V

to

25

s
3

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

5

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2

CONFIDENTIAL

1

2

APPEARANCES

FOR THE

3

PLAINTIFF:
THOMAS

H.

VILLAUME

PRIEBE,
&

SCHIEK,

4

2051

Killebrew

5

Bloomington,

6

pgvassoc@att . net

Suite

G.

VILLAUME

VILLAUME,

&

SCHIEK,

10

pgvassocOatt . net

12

THE

Attorney

at

Law

P. A.

Minnesota

55425

DEFENDANTS:
LAWRENCE
LARDINE

M.

ROCHEFORD,

LOGAN

&

8519 Eagle
Suite 100

Point

14

Lake

Minnesota

15

lrocheford@ jlolaw. com

16

NANCY

Elmo,

L,

CAMERON,

Colborne

St.

Paul,

at

Law

Boulevard

GENERAL COUNSEL'S
360

Attorney

O'BRIEN

13

17

55425

Drive

Bloomington,

FOR

P. A.

Minnesota

' 9

11

Law

Drive

2051 Killebrew
Suite 611

8

at

611

PHILIP

7

Attorney

55042

Attorney

at

Law

OFFICE

Street

Minnesota

55102-3299

18
nancy. cameron@spps . org

19

/

ALSO

PRESENT:

20

John Ekblad,
21

Valeria

Plaintiff

Silva,

Defendant

22
23

*Tlie

Original
Attorney

is

in the possession

Thomas

H.

Priebe.*

24
•k

25

KIRBY

KENNEDY

*

&

*

ASSOCIATES

(952) 922-1955

of

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3
CONFIDENTIAL

1

INDEX

2

DR.

3

Examination by Mr.

Priebe

4

Examination by Mr.

Rocheford

THERESA

BATTLE

PAGE

5

123

5
*

6

*

*

1

8

9
10
11

12

13
14
15
16
17

18

19
20

21
22
23

24
25

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

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4
CONFIDENTIAL

EXHIBITS

1

DESCRIPTION

PAGE

MARKED

2

NUMBER

3

33

Order

4

34

Job

5

35

Answers

36

Printout

64

7

37

Contract

78

8

38

Safety

6

.

6

Description
to

15

Interrogatories

Team

94

Document

9
k

10

*

*

11
12
13
14
15
16
17

18
19

20
21
22

23
24
25

KIRBY

KENNEDY

&

43

ASSOCIATES

{952} 922-1955

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5
CONFIDENTIAL

PROCEEDINGS

1

MR.

2
3

start

of

two depos

4

Superintendent

6

stipulation,

7

other materials.

8

Say,

9

I've got a

today:

week we

to release

if

Pursuant

11

letter we have to,

12

saying,

13

going

to

release,

14

that"

—

they have

15

statute,

16

do

"Here's

to

—

something

to

do

is

19

confidential

20

that which we

21

the

22

guardians have

23

the

24

faith,

25

being

express

order,

for

that

if

the

doesn't

we

copies

and

can't

gave

to

agree
be

his

attempted to

do

some

you

—

to

know,

but

but

to

we

&

I'd

like

then

be

give

you guys now with
if

the

some
at

ASSOCIATES

(952) 922-1955

or

rereleased.

parents

relief

least,

keep everything private

KENNEDY

object

What

and

rereleased.

KIRBY

we're

these depos will

and want

that,

a

federal

them here.

that

out

records

from getting

parents

an objection

they can

the

rereleased,

understanding,

sent

a problem with

say what

of

Okay?

guardians,

are

under

keep

and

cough here.

order,

you have

file,

to

"Speak up."

and

Here

right,

pursuant

cumulative

cold

order.

a

stipulate
and

FSOs,

to

and

have

18

here

and

an order,

to his parents or

the

it

got

of a

to try and
I

17

Battle

I'm too quiet,

little bit

10

Dr.

We're

Silva .

Last

5

ROCHEFORD:

in

and

or

from
good

from

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CONFIDENTIAL

Do you

1

get

it?

2

MR.

PRIEBE :

3

MR.

VILLAUME:

4

MR.

PRIEBE:

5

the order as Exhibit

so

7

top

of

here,

8

one

to mark as

9

copy

for

each

should all

—

11

from the judge,

just

12

through

the packet

I

and

assuming

15

that's

16

data

practices

17

this

exhibit

18

Superintendent

19

use

just

introduce

it's

you

I've

for

the

got

right

marked as

is

on

give

her

an

extra

record,

you're getting

they are

not

only

this

check

all

117

they

the

order

SPPS0000683

federally protected,

and

issues,

but

Silva's

stuff,

depo,

will

be

of

and

PRIEBE:

21

MR.

ROCHEFORD:

Number

identification

23
24

MR.

I

just

—

KIRBY

KENNEDY

but

this

if

And

in

here

there's

some

depo and

there's

any other

filed

33 was
by

the

marked
court

And

seal.

ASSOCIATES

(952) 922-1955

for

reporter. )

then,

record.

&

under

Yes.

ROCHEFORD:

off the

stuff

I'm

confidential.

MR.

(Exhibit

but

it's my understanding

and the transcript

22

pages,

There's

consecutive.

20

if

to

Well,

then

then it's

didn't

14

mind

like

SPPS000800.

13

25

stipulated.

— why don't

And

us.

and

I'd

ROCHEFORD:

something,

10

of

I'll

of

So

33.

MR.

6

So stipulated.

do

you

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7
CONFIDENTIAL

(A discussion was

1

' 2

DR.

matter,

4

off the

record.)

THERESA BATTLE,

the Witness

3

held

in the

having been

above-entitled
first

5

testifies

and s'ays

as

6

MR.

ROCHEFORD:

7

THE

COURT

duly

sworn,

follows:
That was

REPORTER:

33,

right?

Yes.

8
9

10

EXAMINATION

BY

MR.

PRIEBE:

11

Q

Good morning.

12

A

Good morning.

13

Q

My name

14

plaintiff

15

John

in

the

Tom

lawsuit

Priebe,

in

which

and
you

I

represent

are

a

the

defendant,

Ekblad.

16

Do

you

17

A

Yes ,

18

Q

If

19

is

spelling the

you

last,

understand

could please

A

Theresa Battle,

21

Q

Dr.

22

A

Yes .

23

Q

Okay.

I'm

sure

25

of the

your

ground

Battle;

So,

is

Dr.

attorney has

rules

KIRBY

state

your

name,

for the record.

20

24

that?

B-A-T-T-L-E.

that

Battle,

just

to

already

gone

through

with you,

KENNEDY

correct?

&

but

I

just

ASSOCIATES

(952) 922-1955

start,

want

to

and

some

go

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8
CONFIDENT

1

through

them again real

2

You
correct?

4

A

Yes .

5

Q

Have

7

A

No.

8

Q

You

9

A

I

10

Q

Okay.

6

you

A

L

quick.

understand

3

I

ever

that

you

had your

are

under

oath,

deposition

taken

before?

11

to be

12

today,

13

audibly.

14

huh-uh

15

could,

16

audibly.

aware

so

don't
I

that

it's

17

in a

Yes,

19

Q

And if

20

the deposition,

21

trying

to make

Yes .

23

Q

Any

I'm

asking

--

it's

KIRBY

can't

take

an

I

just want

you

you

answer

uh-huh

that

or

down,

a

so,

if

you

fashion or otherwise

you

can do?

is.

I

ever try to clarify that
not
I

time

convoluted,

not?

reporter here

that

the head,

something

it

case,

court

important

yes-or-no

sure

A

have

of

I'm

22

25

a

that

A

gets

do

we

18

or

in that

really

Is

24

Well,

obviously

answer

Probably

no.

A shaking
she

remember?

trying

have

to

clear

my question
you

don't

common

KENNEDY

in

&

be

rude.

record.

is

really

not

I 'm

clear

to

understand

ASSOCIATES

just

Okay?

depositions,

(952) 922-1955

during

so

it

you
what

might

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CONFIDENTIAL

1

happen -- make

2

understand what my

3

what

it means

question

or what

assume

you
A

Yes .

7

Q

Also,

important

that

9

questions

before you

of

time

11

question,

12

to

talk

you wait

you'll

14

again,

15

wait until

16

answer?

one

cannot

is

that

deposition

until

I'm done

answering

anticipate where

fair?

today,

Yes .

18

Q

Okay.

just

20

going to be

21

the

22 •

Okay?

it's

asking my

the
I'm

question.
going

A

with my

it's

easy

obviously,
we're

the

both

court

reporter,

talking,

so

can

you

I'm done with my question before you

A

19

to

another.

type when

17

Any

time

let me know and we'll
an

issue.

All

you need
take

A

Yes .

24

Q

Now,

Dr.

Battle,

for your deposition

KIRBY

KENNEDY

to

is

ask to

what

take

did

you

ASSOCIATES

(952) 922-1955

a break,

It's

that

here today?

&

take

a break.

I'd ask

question before you

23

prepare

understand

I'm going

the

start

However,

13

25

don't

and during everyday conversations,

over

last

you

if you answer,

during

8

•lot

or

understood my question;

6

10

is

that you don't

I'm asking.

Otherwise,

4

' 5

sure you tell me

you

not
answer

a break.

do

to

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CONFIDENTIAL

' 1

A

Met with my attorneys

2

Q

Without

3

attorneys

4

before

talking about what you

discussed;

A

did you review any documents

MR.

ROCHEFORD:

7

I'll

8

communications or my office

9

Letters,

e-mails,

for the

sure

you

communications

voice mails,

texts,

record,

clarify my

with

you.

those are

Okay?

11

Maybe you

12

MR.
MR.

Just

Make

interpose an objection.

privileged.

BY

and your

Just

6

13

—

your deposition here?

5

10

and

could reask it
PRIEBE:

without

the

—

Sure.

PRIEBE:

14

No matter what my question

Q

15

never want

to

16

discussed,

any of

17

you

and

your

know what

A

Okay .

19

Q

I'm

documents,

21

today.

just

and

asking

22

A

Only

23

Q

So

did

if

24

A

—

general

25

Q

So

you

you

I

attorneys

directly between

reviewed

before

correspondence

you

today,

Okay?

read any documents

KIRBY

your

communications

attorney.

18

20

the

you

is

any

your deposition

from my attorney

-counsel.

didn't

KENNEDY

read

&

the

complaint

ASSOCIATES

(952) 922-1955

prior

to

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CONFIDENTIAL

1

your deposition here

2
3

What my

Q

Okay.

attorney

shared with me,

discuss

Other

MR.

7

extent

8

t'hey count

you

talked

as

than

your attorneys,

ROCHEFORD:

to paralegals

your counsel.

Subject

9

10

to

that,

12

MR.

PRIEBE:

13

THE

WITNESS:

did you

know,

to

assistants

the
here,

ahead
I

and answer.

have

a

clarifying

question .

understand
BY

MR.

what

"talked

to"

Go

ahead.

I 'm not

sure

if

I

means.

PRIEBE:

16

Q

Did you

17

A

They

18

Q

Excuse

20

with

anyone

21

your

attorneys'

discuss

other

me.

Go

discuss

your deposition here

than your

MR.

attorneys

ROCHEFORD:

23

extent,

too,

24

and

husband and wife.

the

ahead.

or

anyone

today
at

office?

22

on

—

—

Did you

19

25

You
or

go

WITNESS:

15

I

Okay?

THE

14

what

your deposition here today with anyone?

6

11

is

read.

4
5

A

today?

the

Without

KIRBY

grounds

those,

KENNEDY

of

spousal

as we

&

I'll

to

privilege

the

too,

narrow this down,

ASSOCIATES

(952) 922-1955

object

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12
C

0 N

F

1

subject

2

privilege objections,

D

E

N

to those objections,

THE

3
4

r

clarifying

THE

WITNESS:

MR.

is

a date

another

--

Okay.'
Does

"discuss"

include

a date on my calendar?

this

date

on your

My executive assistant has

A

12

calendar

13

Q

14

A

15

Q

You

16

A

Other

17

Q

Go

18

A
than my

20
21

have

you can.

calendar

anyone?

11

19

on

Did you discuss

Q
with

I

if

PRIEBE:

9
10

L

question.

6

BY

So

WITNESS:

PRIEBE:

8

A

go ahead and answer,

MR.

that this

I

those additional

5

7

T

So

as

a

date,

held on my

—

not discussing any details.

just discussed —
than

that

ahead.

the date must be held,

so,

no,

other

counsel.

Did you discuss

Q
school

did you discuss

this

district

employees?

22

A

Other

23

Q

Did you discuss

24

any

school

25

Counsel,

than the

district

Ms.

your deposition with any

date?

No.

this

case

employees,

in general

notwithstanding

Cameron?

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

with

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13
CONFIDENTIAL

1

A

Yes ,

2

Q

Who did you discuss

3

A

The principal

4

Q

Mary Mackbee?

5

A

6

Q

Is

7

A

Yes .

8

Q

When did you speak with her?

9

A

When we were notified about who would be

of

the

--

school.

that Mary Mackbee?

10

deposed,

11

contacted by our

to let her

know staff members would be

attorney.

Q

Did you discuss

14

A

No.

15

Q

12
13

it with?

the details of

the

case

with

Ms.
Again,

16

Mackbee?
I'm not

17

could just wait until

18

you answer.

19

again,

Okay?

trying

to be

If

rude.

I'm done with my question before

It's

fine.

It's going to happen

and it will probably happen on my part as
Are

20

21

plaintiff is

22

school

23

district?

you

aware

intending

that

my office

on deposing

district or previous

24

A

Yes.

25

Q

Did you discuss

KIRBY

you

KENNEDY

&

of

of the

the school

case with

ASSOCIATES

(952) 922-1955

the

employees

employees

this

or

well.

any

of

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CONFIDENTIAL

1

those employees,

2

deposition?

that we planned to or we noticed your

3

A

That they would be deposed.

4

Q

Did you discuss

5

A

Not other than what's been in the paper.

6

Q

Did you discuss what's

7

A

Paper .

8

Q

— been

9

A

In

10

Q

Okay.

the

in

the

the details of the

case?

--

paper?

newspaper.

Did you inform those employees

that

11-

they should or should not say anything during their

12

depositions?
did not.

13

A

No,

I

14

Q

Did

you explain

15

personal

theory of

16

December

4,

17

A

No,

18

Q

Was

19

employees

the

case

to those
or

what

employees
happened

your

on

2015?

it you personally that contacted those

to tell

them they were going to

be deposed?

20

A

Yes .

21

Q

Did you do that

22

A

No.

23

Q

In

24

A

Yes .

25

Q

How long have you been employed with

by

telephone?

person?

KIRBY KENNEDY & ASSOCIATES
(952) 922-1955

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1

Independent School
A

2
3

District Number

This

is my second tenure,

was

Q

2013

5

A

2013 was

since

19

your

the

second tenure with the

district.

7

Q

So

8

A

Mm-hmm.

9

Q

Is

10

A

Yes .

11

Q

Do you recall your hire

12

so

since 2013.

4

6

625?

school

this

that

is

a

your second tenure?

yes?

date with the

district?

'13 '

A

Second

14

Q

First

15

A

August

16

Q

So you've been employed with the school

17

district

18

A

In total,

19

Q

Currently,

20

A

Assistant

1,

2013.

time?
1985.

is that safe to say?

yes.

what

is

your position?

superintendent,

(Exhibit Number

34

was marked

identification by the

22
BY

MR.

court

for

reporter.)

PRIEBE:

24

25

July

for more than 30 years;

21

23

time,

Q
Exhibit

Handing
Number

you what

has

been marked

34.

KIRBY KENNEDY

&

ASSOCIATES

(952) 922-1955

as

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CONFIDENTIAL

Battle,

Dr.

1

do you know what this

2

A

Yes .

3

Q

Can you tell me what

4

A

Job description

5

superintendent .

6

Q

Is that your position?

7

A

Yes .

8

Q

If

' 9

it's

three

you could

for

it

is?

is?

assistant

—

look through

I

believe,

pages.

10

A

{Reviews

11

Q

Is

document.)

job

it your position that this

12

description fairly represents your job duties at the

13

school

district?
does.

it

14

A

Yes,

15

Q

Prior

16

superintendent,

17

A

Yes .

18

Q

Where?

19

A

St.

to becoming

were

Paul

you

and Minneapolis

Schools,

21

assistant superintendent,

22

First

24
25

an

educator?

Schools,

Public

20

23

ever

assistant

Osseo Area

Public Schools,

and Hampton,

as

an

Virginia.

teaching position.

Q
Schools,
A

So
were

as
you

an
a

educator

at

St.

Paul

teacher?

Yes .

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

Public

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17

C

I

E N

D

T

1

Q

What subject did you

2

A

Special

3

Q

Grades?

4

A

St.

' 5

Q

Grades

6

A

Yes .

7

Q

Are you still

8

I

A L

teach?

education.

What grades did you

9,

Paul,
9

teach?

12.

through

12?

for

licensed

special

education?
am.

I

9

A

Yes,

10

Q

And you've held the position as

11

superintendent

July

since

In St.

12

A

Yes.

13

Q

And prior to

14

I

F

N

0

assistant
A

15

superintendent
Assistant

2013?

1,

Public

Paul

I understand you were

that,
for

Schools.

Osseo?

intern assistant

16

superintendent in Osseo and then associate

17

superintendent

Q

18

19

associate

in Minneapolis

superintendent
2007,

21

Q

And

22

A

I'm not

24

June

25

for

Osseo

Public

Schools?

2008,

A

dates,

Public Schools.

What were the dates you were an intern

20

23

assistant

for Minneapolis
sure.

Public Schools?

I'd have to check the exact

but sometime between 2011 to just May of — or

2013.

Q

So you were assistant

KIRBY

KENNEDY

&

superintendent

ASSOCIATES

(952) 922-1955

for

 Has

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CONFIDENTIAL

, 1
2

Minneapolis
for

Paul?

St.

3

A

4

Q

5

immediately preceding your position now,

.Yes.

Can you explain what you were doing or

what your employment was

6

A

Yes .

7

Q

-- between when you were

8

--

superintendent

a

for Osseo and Minneapolis?
Worked as a project

Yes .

A

9
10

and 2011

2008

between

director at the

University of Minnesota.

11

into too many details,

getting

Without

Q

as

just tell me what that means

12

you

13

director"?
A

14

led the

I

creation of

a

can

"project

statewide

college

15

readiness program for the College Readiness Consortium

16

at

the University of Minnesota.

Q

You

18

A

Yes .

19

program

20

to

you

said

17

led that

I helped create

for college

readiness

program?

and

coordinate

statewide

a

called Ramp-up

Readiness .

still

that program

21

Q

Is

•22

A

Yes,

it

23

Q

Does

that

24

A

Yes .

25

Q

Is

it

KIRBY

in place?

is.

cover St.

Paul

Public Schools?

statewide?

KENNEDY

&

ASSOCIATES

(952) 922-1955

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CONFIDENTIAL

1

A

Yes .

2

Q

I'm assuming you had to go to the

3

legislature on that program?

4

A

No.

5

Q

Okay.

6

program?

7

A

Or did you not?

So how do you

At thai

Lime,

know

it's

a statewide

President Bruininks was

8

working as part of a legislative group of PK-12

9

council,

and one of the

initiatives

is

to

further

10

colleges readiness,

11

program that the university would develop in

12

collaboration with school districts to

13

districts statewide,

14

a university that's

15

university.

16
17

18

serve school

as the University of Minnesota
it 1 s

state

our

state

If you could just identify President

Q
Bruininks

and so he wanted a high school

for me.

A

He

at that time,

worked

President

19

Robert Bruininks was the president of University of

20

Minnesota,

21

Consortium .

and he created the

Q

What

23

A

Teacher of

special education,

secondary

director of

special education,

and

principal,

25

superintendent .

KIRBY

KENNEDY

do

Readiness

22

24

licenses

College

&

you hold?

ASSOCIATES

(952) 922-1955

is

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CONFIDENTIAL

1

It's

Q

2

through them each in detail,

3

you can,

5

I

have a master's degree,
All

from

7

A

8

Q

Excuse me.

9

A

In

10

Q

All

11

A

No.

12

Q

Okay.

if

your

in

degree,

I

same

educational

Go

ahead.

educational

from the

administration.

same university?

What universities?

identify each

degree

A

For

undergraduate

15

Q

-- and university.

16

A

— degree,

17

Hampton University;

18

are

If you could

—

.14

--

my bachelor's

degree was

at

my master's and doctorate degrees

from University of Minnesota.
To

jump

forward a

19

Q

20

superintendent,

21

A

Yes,

22

Q

What does

23

High School

24

that

25

go

and I have a doctorate

the

Q

just

but what was

completed my undergraduate

6

13

won't

just generally tell me your- education.

A

4

I

a pretty long list.

as

little bit,

as

assistant

do you oversee Central High School?
I

do.

that mean

assistant

to oversee Central

superintendent?

What

encompass?
A

Specifically,

I

provide

support

KIRBY KENNEDY & ASSOCIATES
(952)922-1955

and

does

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CONFIDENTIAL

1

supervision of the principal,

2

oversees the daily operations of Central High School.

3
4

Q
principal,
A

5

but

that's Mary Mackbee?

Correct,

Because

MR.

just throw in the

BY MR.

Mackbee,

ROCHEFORD:

spellings

If

you

get a

for her sake.

chance,

Okay?

Okay.

PRIEBE:

Q
description

So

I've read through Exhibit

as

assistant

34,

your job

superintendent.

But as assistant superintendent,

16
17

make any actual decisions as

18

by Central

High

19

A

No,

20

Q

Do

21

you spell

--

THE WITNESS:

14
15

How do

M-A-C-K-B-E-E .

12
13

going to

THE WITNESS:

10
11

ROCHEFORD:

she's

8
9

yes.

MR.
that?

in turn,

I believe we have already identified the

6
7

and she,

to policies

do you

implemented

School?

I

do not.

The board

you work with

sets policies.

the board to

set

those

policies?
MR.

22
23

the

form.

24

guess

it's

ROCHEFORD:

I

object,

What policies are we talking
overly broad.

25

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

just,

about?

So

to

I

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CONFIDENTIAL

1

BY

MR.

PRIEBE:

2

Q

Do you understand my question?

3

A

Are you asking about all policies

4

the

board?

5
6

I

Q
policies,

Do you work with them to set

am.

in general?

7

A

In

8

Q

So if you could,

9

understanding

general,

of how a

no,

I

do not.

explain to me your

school

policies,

'11

policy and we can walk through that,

12

help .

13

and if you like,

board sets

10

So the board receives

A

15

example,

16

Q

agencies,

for

in order to set their policies.

So let's say the superintendent contacted

17

the board.

18

setting a policy?

What would happen next

19

MR.

RQCHEFORD:

20

THE

WITNESS:

21

MR.

ROCHEFORD:

broad

if that would

information from the

superintendent or other governmental

state law,

certain

I can produce a specific

14

22

set by

in relation to

Object
You

would

Object

to

—

have

as

to

overly

and vague.

Can you be a little more specific as to

23

24

what

you're

25

guess .

asking?

KIRBY

I

don't

KENNEDY

&

want

her

to

ASSOCIATES

(952) 922-1955

speculate

or

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CONFIDENTIAL

1

BY

MR.

PRIEBE:

2

Q

Did you understand my

3

A

Could you clarify,

4

Q

Sure .

So after a

question?

please?

superintendent contacts

5

the school board regarding any policy in general,

6

you

know what would happen next?
MR.

7

8

speculation,

9

If you

can answer,

go

THE WITNESS:

I

speculate,

12

superintendent .
MR.

as

the

18

policy has

19

at

20

specific of

21

superintendent

superintendent has

role

of

the

of
A

the

conversation that

It's

with it.

There

and

the

usually

are

three

I would generally

conversation between

Well,

Q
process

that

so

you don't

into place?

been introduced.

school board,

22

25

are put

Not the details of

A

17

24

could only

I've never had that

know how policies

16

23

for

ahead.

So as assistant superintendent,

Q

a

calls

PRIEBE:

14

15

Object;

overly board.

11

BY

ROCHEFORD:

it's

10

13

do

after

readings

know,

the

'

just the

the policy being put in place.
I

know

the

process

of what a board

considers

KIRBY

but not

school board.

I'm asking generally,

KENNEDY

&

ASSOCIATES

(952) 922-1955

a

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CONFI

D

1

Q

Explain how —

2

A

—

policies;

as,

such

L

A

I

T

N

E

have

you

3

three readings before they can pass it,

4

be a vote,

5

consult

6
7

be the

' 9

Q
direct

13

Q

As

any control

superintendent,

assistant

assistant

superintendent,

over

the district's

What

do you

15

A

16

Q

17

A

What

18

Q

Do

19

A

Such

20

Q

So to

your

contracts with

oversee

Department?

Police

Paul

"control"?

you mean by

do

do you have

--

St.

with

you

is

superintendent?

the

superior
Yes .

contracts?

those

as?

to hire a

or

implement

school

resource officer.
Do

22

23

consulted ever

superintendent's

dependent on the

So as

A

21

sources

those

superintendent?

It's

12

14

of

one

Would

directive .

10
11

they

sources.

assistant
A

8

there has to

general policy development,

and the

various

Q

to have

A

So,

you understand
yes,

I

coordinate

and supervise

25

particular

one.

The

KIRBY

program?

contracts.

some

have

24

that

implementation

specifics,

KENNEDY

&

that

rests

ASSOCIATES

(952) 922-1955

for

I

that
with

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25

CONFIDENT

1

I

A

L

another department.
rest with?

that

2

Q

What department does

3

A

Security and Emergency Management,

4

' 5

as

the principals

help supervise the

as

well

resource

school

officers .

6

as

But

Q

assistant

superintendent,

7

really play a role in that contract with the St.

8

Police

Paul

Department?

Other than making sure our principals

A

9

don't

you

10

understand it and follow the expectations within that

11

contract .

So

Q

12

if

correct me

I'm wrong,

but

you

still

13

are aware of the contract and you just oversee it

14

after its

15

implemented?

A

Yes .

Q

How about the

J

16
17

any direct

Do you have

Other

than

over

that

21

anything

22

that involves principals.

23

that's

Q
the

school
A

to be

implemented per

And have you

district
No,

I

KIRBY

role and

the principal's

A

25

control

contract?

20

24

contracts

with Pacific Education Group?

18

19

school district's

the

contract

read those contracts between

and Pacific Education Group?

have

not.

KENNEDY

&

ASSOCIATES

(952) 922-1955

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CONFIDENTIAL

- 1
2

3

So you don't know,

Q
•

Education Group?

Only through the superintendent and the

A

department

6

information that this is

7

principals or myself,

8

to

do

9

as

of

a part

Q

11

Education Group?
A

14

Q

you

If

provided.
could

just generally and

16

communicate

in

how often do you

Mackbee?

with Ms.

Right

ROCHEFORD:

MR.
MR.

need

in any professional

relation to Central High School,

BY

I

Pacific

with

contract

15

17

something

there may be

Be a participant

development that's

for

anything you need to do as part

district's

of the school

the expectations

contract.

the

there

Is

10

12

if

receive

I

to implement.

that has

5

18

what those

should be between the principal and Pacific

contracts

4

13

per se,

now?

Or

PRIEBE:

now,

19

Q

Right

20

A

It

21

Q

On what?

'22

A

At

23

superintendent,

24

portfolio,

25

there.

so

superintendent.

assistant

as

depends.

least

twice

a week,
the

try to visit

it depends

KIRBY

I

if

KENNEDY

&

I,

as

schools

have

a

within my

scheduled visit

ASSOCIATES

(952) 922-1955

an assistant

 m

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27

C

N

F

2

seeks my counsel

3

more

4

Central

or wants

information about
High

to

N

I

T

A

L

Ms.

if Mrs,

on

or

inform me

a particular issue

get

Mackbee

some

concerning

School.

Would that answer be the

Q

5

E

D

I

also desponds

It

1

0

same

stemming

6

over the last three years when you first became

7

assistant

superintendent?

8

A

Yes ,

9

Q

Who

10

A

We have an interim

12

Q

And that's

13

A

14

Q

11

15

superintendent

the

is

John

T-H-E-I-N .

is

Approximately

Thein took over?

know when Mr.

Do you

fine.
like

a

few months.

A

It's

17

Q

So

18

A

A few months.

19

Q

—-

20

A

Yes .

21

Q

Do you

22

A

Yes.

23

Q

Do you

25

superintendent,

Thein.

16

24

now?

he's

as

been

acting

--

know who Mr.

Valeria

few months?

for a

superintendent

Thein

took over

Thein

took

for?

Silva.

know why Mr.

over

for

Silva?

Valeria
A

Yes .

KIRBY

The

school

KENNEDY

&

board

selected him to

ASSOCIATES

(952) 922-1955

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28

r

CONFIDENT

1

take

over.

' 4

I think we already touched base on this,

Q

2
3

but were you involved with the school board's
decision?

input?

Did you provide

5

A

No.

6

Q

Were you present

7

took a vote on that

for when the school board

matter?

8

MR.

ROCHEFORD:

9

MR.

PRIEBE:

10

MR.

ROCHEFORD:

11

THE

WITNESS:

12

attended that board meeting.

13

records .

14

a l

BY MR.

On hiring

Correct.

remember if

I can't
I'd

have

to

look

I

at my

PRIEBE:

you sit here today?

Q

You don't remember as

16

A

I'd have to. check if I was

at the board

night.

that

meeting

But

you'd have

18

Q

Sure.

19

A

Yes .

20

Q

— your

22

A

Yes .

23

Q

Do you recall

21

If it's

Okay.

15

17

Thein?

Dr.

to

regards

to

check —

remember

if you were

there?

being

questioned by anyone

24

at the school board in relation to either Valeria

25

Silya leaving

as

superintendent or Mr.

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

Thein becoming

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CONFIDENTIAL

1

superintendent?

2

A

No.

3

Q

So on December

4

still

4

of 2015,

was Ms.

Silva

supervisor?

your direct

5

A

Yes .

6

G

Do you work with Mr.

8

A

Yes .

9

Q

Did you work with Ms.

11

A

Yes .

12

Q

Have you noticed any differences between

7

10

13

basis?

Silva on a daily

basis?

the

superintendents?

two
A

14
15

Thein now on a daily

As far as —

Yes.

I need clarification,

"any differences."

16

Q

Sure .

17

A

One

18

Q

Well,

as

assistant

19

but

20

next person

in

(Witness

A

22

Q

23

superintendent?

24

A

Yes .

25

Q

And

correct me

superintendent,

charge,

21

So

again,

so,

KIRBY

I'm wrong,

basically you're

the

correct?

nods

you're, one

the

if

head.)
step below

superintendent

KENNEDY

&

the

acts

ASSOCIATES

(952) 922-1955

as

the chief

•

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1

executive

school

for the

2

A

Yes .

3

Q

As

district?

someone who works with the
have you noticed

4

superintendent on a daily basis,

5

differences

6

to how they act as chief executive?

7

A

Yes .

8

Q

Tell me,

9

so he's

your

differences.

Thein is new to St.

Dr.

Well,

A

10

just generally,

of those

understanding

Thein in respect

Silva and Mr.

between Ms,

Paul Public

the school district;

learning about

11

Schools,

12

whereas

13

has much broader knowledge and depth of knowledge than

14

Superintendent Thein does.

15

16

Superintendent Silva has

Q

of

was Ms.

if you know,

How long,

superintendent

long tenure,

a

St.

Paul

Public

so

she

Silva

Schools?
little more.

y17

A

Almost

18

Q

Do you know why the school district — or

school board,

eight years

excuse me,

19

the

20

relationship with Ms.

21

A

or

a

decided to end its

Silva?

I'd have to review any board minutes where

22

they discussed

23

knowledge

24

board meeting.

so

that,

of why,

other

MR.

25

KIRBY

I

don't have personal

than

what

ROCHEFORD:

KENNEDY

&

was

stated

Just

ASSOCIATES

(952) 922-1955

to

the

at

a

extent

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I

CONFIDENT

for closed sessions

calls

1

it

2

that aren't public,

4
5

objection,
BY

about

stands,

your answer

that.

that qualification or

subject to

But

3

or anything like that

can't talk

we

A L

guess.

I

PRIEBE:

MR.

6

Q

You understand your attorney's

7

A

Yeah.

8

Q

So without getting

9

into

advice?

any closed

school board's

the

know

do you

excuse me,

10

sessions,

11

reason for ending its relationship with Ms.
than what they've

Not

A

12

closed

information discussed at

sessions or actual

'13

cannot remember what they said at

14

when

Silva?

said publicly,
the

and I

board meeting

they voted.

15
16

wrong,

17

what

18

to

but

why Ms.

Silva

A

Yes .

20

Q

Okay.

Silva

22

Schools

at

correct me

if

I'm

it your testimony that you only know

is

19

Ms.

for you to

school board has

the

21

like

would

I

Q

stated publicly

ended

her

employment?

Did

you

take

leaving

her

a

employment

position
at

St.

in relation

on

Paul

Public

any time?

23

A

Do you mean publicly or

24

Q

In

25

A

Yes .

in private?

/

private.

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

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CONFIDENTIAL

1

Q

What was your position?

2

A

That

3

a colleague,

4

out

6

Q

A

8

relationship to

10

that things could be worked
school.

and

the

school

board?

That they would have a good working

7

Q

supervisor and

do you mean by hoped things would

What

work out between her

' 9

I

and I hope

between her and the

5

a

I would miss her as

steer and supervise the district.

Silva

So you wanted Ms.

to stay in her

employment?

that

was what

the board wanted.

11

A

If

12

Q

Do you know anything about a petition that

13

was

14

to

circulated earlier this year asking for Ms.
resign?

15

A

Yes .

16

Q

What

17

was

It

19

Q

What

20

A

I'm not

that

an

did

online
it

sure

petition

and —

say?

of the details

of what

it

just the gist that they didn't want her to be

21

said,

22

employed anymore.

25

understanding of

petition?
A

24

your

is

18

23

Silva

Q

Did anyone at the

school

district discuss

this petition with you?
A

No.

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

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1

Q

Did Ms.

2

A

No .

3

Q

You just1 knew about it,

4

I

A

but you didn't

knew about

it,

and I believe they also

presented it in public comment.

The

school board,

you're referring to?

7

Q

8

A

9

Q

Yes?

10

A

Yes .

11

Q

As you sit here today,

(Witness nods head.)

are you aware that

12

that petition circulated because teachers

13

individuals felt like the schools were no longer safe?

15

just

knew of it,

16

or other

I'm not sure why the people started it.

A

14

s

it with you?

discuss the petition with anyone?

5
6

Silva talk about

so I don't know the people.

Well,

Q

surrounding the time when Ms.

Silva

17

stepped down from her position as

18

you aware that there were teachers who believed the

19

school

district

was

no longer

20

A

Yes .

21

Q

How were

you

22

A

Teachers

directly

23

accounts,

24
25

Q
if

the

I

superintendent,

were

safe?

aware

of

that?

told me.

Newspaper

also.

•

Did

you do any

schools were really

KIRBY

KENNEDY

research
no

&

longer

on your own to
safe?

ASSOCIATES

(952) 922-1955

see

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reviewed data.

1

A

I

2

Q

What data did you review?

3

break this

to

What data did you review?

up.

from —

Data

A

4

I'm going

5

a survey they complete every year,

6

questions,

7

data the district compiles

Also,

discipline

—
--

look up

you

8

Q

Why

9

A

-- and also in talking with principals

10

about

any

concerns.

safety

question,

13

correct?

14

A

Mm-hmm.

15

Q

Is

16

A

Yes,

yes.

17

Q

Now,

is

18

school

to

district

19

A

Yes .

20

Q

As

21

was

22

to

23

the

24
25

you

outcome of

the

students

that
those

sit
—

questions.

just

I

you can

Paul

KIRBY

if you recall,

give

they were
Public

a percentage

one

stated that way.

KENNEDY

&

ASSOCIATES

(952) 922-1955

what
—

concerned about

Schools?

that was

don't believe

It's not

survey given by the

today,

here
if

a

students?

who stated that

safety within St.
A

yes?

a

that

senior

senior students,

you're talking about

12

to the

in relation

So

Okay.

Q

11

have

and one of the

they asked about safety.

would

our seniors

for example,

of

the

 a

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1

Q

Okay.

2

A

I 'm

3

Q

4

A

—

sure

not

that?

to

survey

senior

in the

question

there's a

--

refer

So why did you

5

about — and in a another district survey,

6

5 Essentials -- where students complete — the high

7

school

' 8

students

that asks

complete

general

about

and that's part of my review of data.

safety,

9

Q

So you reviewed the 5 Essentials?

10

A

Yes ,

11

Q

And just

12

questionnaire that was
A

13

The senior

14

complete before they

15

complete,

16

completes .

survey,

What percentage is

18

A

I

19

Q

After

senior

21

about

22

the
A

survey,

safety at
That

—

reviewing

St.

Paul
our

overall

and

also,

safe,

24

they felt

generally safe.

So you

KIRBY

also

let's

seniors

in the

&

that

up

break this
to

understand

Public Schools?
report

in doing

ASSOCIATES

(952) 922-1955

they

5 Essentials,

stated that

KENNEDY

to

percent.

what did you come

generally

Q

ask all

that?
85

over

it's

23

25

We

graduate.

Q

the

all of our seniors

and we do have a high percentage

think

another

there

filled out that you reviewed?

17

20

was

to be clear,

felt

also

your

own

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1

research in relation to the safety at St.

2

Schools,

3

that

Discipline data

No.

A

that

the

school

district publishes.

6
7

is

you reviewed the disciplinary records;

right?

' 4
5

Paul Public

in

So why would you review discipline data

Q

relation to school

safety?

Why is

that pertinent?

8

A

It's a measure of any behavior incidents.

9

Q

What

10

behavior

1-1

A

do you mean by that,

"measure

of

incidents"?

It gives the data of how many incidents,

12

according to our categories we report to the Minnesota

13

Department of Education.

14
15

questions

16

because

17

related to

19

disciplinary data

reviewed the

you

safety at

streamline the

you how many incidents were
St.

Related to

Paul

Public Schools?

discipline

that

incidents

could

some information regarding safety.

give me

20

here,

it would show

A

18

just to kind of

So again,

Q

Q

guess

I

I'll

just

reviewing

ask

this

Why

it again:

is

it

discipline

21

your position that

22

information would give you an understanding of safety?
A

23

There are many factors
that's

just

one.

So,

for

24

safety;

25

safety in terms of fire drills,
KIRBY

KENNEDY

&

that go
example,

into
we

look

lock-down drills

ASSOCIATES

(952) 922-1955

at

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37

C

mandated,

2

reference .

3
4

What does the data point

Q

A

6

learning

7

learn .

Whether our students
and

relation to

are engaged in
so that

our procedures

following

learning

11

students

12

discipline

are not

15

property?

that's

issue,

fights or

were

children

assaults

concerning.
know that

concerning to

that would be

there

district

occurring on school

concerning.

A

Yes,

17

Q

Would that be a sign of school

A

It's

district

safety?

19

one

of the data points

you would

that

look at.
And would a high

21

Q

22

assaults

23

that maybe

on school
school

the

form of

rate

of

violence

district property be an
safety was
MR.

24
25

if

an indicator,

16

20

can

classroom because of a

Would it be

Q

14

a

in

to

conducive

and so that would be

learning,

13

that's

environment

10

18

they

And so we have expectations to have a

8
9

of

reference?

specifically

discipline

5

DENTIAL

another data point

just

it's

so

1

I

F

N

0

question

indication

an issue?

ROCHEFORD:

to the

or

extent

just object

I'll
it

calls

KIRBY KENNEDY & ASSOCIATES
(952) 922-1955

for

to

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1

speculation .

3
4

question,

WITNESS:

MR.

PRIEBE:

the

7

court

12

BY MR.

13

Yes.

You also said that

safety,

school

15

principals .

that

Is

A

Yes .

17

Q

Did you

school

in your review of

fair

to

an

the

say?

speak with Ms.

Mackbee

in relation

safety?

19

A

Yes .

20

Q

Did you speak with her

school

would be

you would also speak to the school

16

21

It

Okay?

PRIEBE:

Q

to

Don't talk until

to be looked at.

14

18

reporter.)

THE WITNESS:

issue

your

read back by

done reading because she can't do both.

10
11

repeat

Can you read it back?

ROCHEFORD:

MR.

8

she's

you

Can

requested portion was

(The

, 6

I

THE

ahead.

go

please?

5

9

can answer,

you

If

2

safety before December

22

A

Yes .

23

Q

Is

24

superintendent

25

principals,

is

something

that
would

do

discuss

KIRBY

4,

in

relation to

201 5?

that

an

assistant

regularly with the
safety?

KENNEDY & ASSOCIATES
(952) 922-1955

individual

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1

A

Yes.

, 2

Q

Prior to December

Mackbee relaying to you that she

3

recall Ms.

4

safety on school district property,

5

Central High School,
MR .

ROCHEFORD :

7

THE

WITNESS:

8

MR.

ROCHEFORD:

9

THE

WITNESS:

10

MR.

ROCHEFORD:

But

her
"safety"

word

as

can answer

if you

Our discussions

14

MR.

ROCHEFORD:

15

THE

WITNESS:

primarily,
BY MR.

Did Ms .

19

concerned about

20

A

21

concerned about

22

aggression

Q
Ms.

were

as

asked

about,

PRIEBE:

Q

23

it

High School.

safety at Central

18

25

the

to
Her

THE WITNESS:

24

Ob j ect
No.

13

17

in particular

overly broad.

12

16

felt

was becoming an issue?

6

11

do you ever

2015,

4,

I

or

St.

violence at

getting

So we

into

was

look at

Central?

about

being

fights.

your

forth

she was

using physical

and

students

So what

Paul

conversations

recall

Mackbee brought
A

Mackbee relate to you that

response

those

the

after

concerns?

individual

KIRBY KENNEDY & ASSOCIATES
(952) 922-1955

situations,

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were,

the details

what plans

could be in place to

1

what

2

decrease the likelihood of incidents occurring.
So after discussing those potential

Q

3
4

remedies or something to

5

anything

6

A

Yes .

7

Q

What?

8

A

So

9

was

implemented?

in

some

cases,

some

it

was

to

have

additional support personnel work with students.

10

some cases,

11

support.

12

the

it was to have additional

community
student,

individual

It depended on the

In

what

support would be.

Was there ever any discussion about

Q

13
14

alleviate the violence,

additional

security measures?

15

A

Yes .

16

Q

What were those

17

A

It was

it

could be

18

or

19

outside

20

additional

21

support

discussions?

related to our

related

security personnel

to paraprofessional

support

support coming in to assist or having

--

SRO

support

--

school

resource officer

at particular times.
any

22

Q

Were

23

A

Yes ,

24

Q

What?

25

A

All

of

KIRBY

of

those

the above,

KENNEDY

&

actually

implemented?

depending on the

ASSOCIATES

(952) 922-1955

or

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we do have additional

So at times,

school

1

situation.

2

resource officer support,

3

also security personnel goes through our security

4

emergency management.

5

6

additional

SROs.

Do you

7

8

remember

know there have been times

just

I

11

made,

an

time when

I cannot remember the particular incident.

A

10

a particular

SROs were assigned?

additional or additional

9

there would be

So you said at times

Q

and

if principals request,

and

was

it

when the request was

granted.

12

Q

Have requests ever been made and denied?

13

A

Not

I'm aware of,

that

security emergency management,

14

to our

25

ask

16

speculate

17

Q

18

assigned

Do
St.

currently how

you know

reasonably calculated to

21

in

Subject

to

THE

SRO

to

I'd have to

many

SROs

are

not

lead to discovery admissible

suit.

23
24

have

you'd

Object;

ROCHEFORD:

20

22

go

Central?

Paul

MR.

19

this

sure;

so

requests

that.

on

to

I'm not

Mackbee.

Principal

the

but

that,

go

WITNESS:

ahead
I

and answer.

believe

assigned.

25

KIRBY KENNEDY & ASSOCIATES
(952)922-1955

there's

one

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C 0

1

BY MR.

2
3
4
5

I

F

D

E

L

A

point

enrollment at this

in time.

7

A

Usually between

8

Q

Do you

9

December

10

A

4,

are enrolled

looking at the daily

Not without

A

Approximate?
1800

students.

1900

and

know how many SROs

were present

on

2015?

can't

I

I'd have

recall.

to

to my

talk

colleagues .

12

Q

What

13

A

Ms .

principals

colleagues?

Mackbee or the assistant

Ms.

there.

15

Q

Who were the

16

A

At

Central?

17

Q

At

Central.

18

A

At Central;
L-E-N-T-S-C-H;

19

Lentsch;

20

Nordquist,

21

"Little"

22

Q

23

I

School?

High

Central

Q

14

T

Do you know how many students

6

11

N

PRIEBE:

Q
at

N

assistant

assistant principals?
Or

so you have Mary
Mark Krois,

N-O-R-D-Q-U-I-S-T;

with an

"S, "

And those

[sic]

K-R-O-I-S;

Evelyn

Valerie Littles-Butler;

hyphenated

"Butler."

individuals,

there were

four

principals?

24

A

There

25

Q

Were

are

those

KIRBY

four

same

KENNEDY

there,

yes.

individuals

& ASSOCIATES

(952) 922-1955

Yes,

all

four.

employed

 pa

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1

on

2015?

December 4,

2

know Mark Krois,

I

I believe

A

Lentsch,

4

remember when Valerie Littles

5

Valerie Littles-Butler was assigned.

6

been there
Q

' 7

8

this

answering

A

What's

the definition of an

in

"interrogatory"?

identification by the

MR.

13

before we get screwed up here.

15

your

court

for

reporter.)

Let's do this,

ROCHEFORD:

14

marked

was

35

Number

12

Where are you

keeping

stack?
MR.

16
here.

Is

that

PRIEBE:

I'll

COURT

19

MR.

ROCHEFORD:

right

Is

there.

over

Yep.

MR.

PRIEBE:

22

MR.

ROCHEFORD:

tendering

to

I

MR.

PRIEBE:

25

MR.

ROCHEFORD:

KENNEDY

something

Is

That's mine.
that

her?

24

KIRBY

There's

yours?

that

21

you're

these

Yes.

REPORTER:

THE

lying

keep

okay?

18

23

interrogatories

recall

(Exhibit

20

when

She may have

Do you

11

17

remember

case?

9

10

can't

I

to

yes.

year,

last

have

I

and Evelyn Nordquist were.

3

Teri

&

am.
Okay.

ASSOCIATES

(952) 922-1955

the

one

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C

1

BY

MR.

2
3

I

as

10

N

T

am handing

the

witness

you seen this

A

I've

Yes .

Q
attorneys

Without

seen

what has

been

35.

document before,

this

document

discussing what

talked about,

through my

you and

did you go through

question by question and provide your
MR,

12

to

13

knowledge.

14

obliviously you —

the

extent it
I

ROCHEFORD:

called

assume

there's

THE

WITNESS:

16

MR.

ROCHEFORD:

17

THE

WITNESS:

18

MR.

ROCHEFORD:

answered by others

21

MR.

ROCHEFORD:

22

THE

WITNESS:

23

MR.

ROCHEFORD:

page

25

MR.

KIRBY

stuff

the

record,

her personal
in

there

can

read

about

that

were

-WITNESS:

signature

for

Yes.

THE

her

this

Yes.

20

at

Just

some

your

answers?

for stuff within

15

24

A L

attorney .

11

19

I

Dr.- Battle?

8
9

D E

Have

6
7

I

Deposition Exhibit Number

4
5

F

PRIEBE:

Q
marked

0 N

Yep.

on

her

behalf

Yep.

and

if

you

look

-PRIEBE:

KENNEDY

&

Right

now,

ASSOCIATES

(952) 922-1955

I'm trying

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1

I

F

0 N

D E

N

3

MR.

ROCHEFORD:

4

MR.

PRIEBE:

5

MR.

ROCHEFORD:

states

7

defendants .

8

answered;

9

answer.

To

to the

You

10

extent

WITNESS:

12

MR,

ROCHEFORD:

14

doesn ' t .

19
20

BY

MR.

she

she didn't

know,

go

through

them

I

PRIEBE:

will

definitely do

PRIEBE;

going though this

But do you recall

Q

document and going through each question?
I

A

22

For some,

23

individuals .
Q
questions

recall

I'd

questions .

25

designee,

that .

21

24

a

she knows and which ones she

MR.

15

she

Yes.

THE

and see which ones

16,

to —

11

13

On page

she didn't

have

just

finish.

Sure.

she's

extent

the

just

Let me

they're directed to all

that these answers,

6

18

L

They were

THE WITNESS:

17

A

to

2

16

I

T

there

answering

some

have to look at each

of these
specific one.

information received from other

was

I'm not asking you about any specific
right

now.

KIRBY

Okay?

KENNEDY

S

ASSOCIATES

(952) 922-1955

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CONFIDENTIAL

2

to

In relation to Defendant's Answers

1

Exhibit Number 35,

. Interrogatories,

you understand

3

that you were also given a copy or this request

4

because you are a defendant in this lawsuit,
A

5
6

Through my attorney,

correspondence

MR.

for me to

time

9

interrogatory,

11

it's

ROCHE FORD:

too,

answer to

in the

rather

I'd

and F.J.O.

,

enunciation and articulation,

i6

initials

F.S.O.

use

For

I'd like to avoid the

if possible.

We've got a

stipulation on that,

so

Okay.

MR.

PRIEBE:

19

MR.

ROCHEFORD:

it

should be

okay.
BY

MR.

PRIEBE:

you

22

Q

If

23

A

Okay .

24

Q

Is

25

since we have

if we could.

18

21

I think

.

15

20

good

the second

and then he has a brother,

a confidentiality order.

17

a

for F.S.O.

I'd prefer to avoid initials

14

be

This might

we have some initials

F.J.O.

12
13

say,

,

10

I received

and documents.

7

8

correct?

that

could

turn to page

signature

yours

16,

on

right?

KIRBY

KENNEDY & ASSOCIATES
(952) 922-1955

the

Dr.

Battle.

bottom

 m

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CONFIDENTIAL

1

A

Yes .

2

Q

I believe this goes to your previous
but essentially,

testimony,

4

stating that some of the questions were not within

5

your personal

7

knowledge,

where you

a

for

That's

you.

what

he

knowledge"

you

wants

THE WITNESS:

10

Here.

ROCHEFORD:

MR.
16

second to read

signed.

8
9

correct?

You can definitely take

6

I

this is your signature

3

"Are

to

Let me

find

read.

not within

the

"Certain of the matters

— yes.

11

personal

12

are not within personal

13

stated have been assembled by authorized employees and

14

counsel . "

15

BY MR.

knowledge,

and the facts

PRIEBE:

16

Q

So is it your understanding —

17

A

Yes .

18

Q

— that that document that you signed

19

explains

20

participated in providing answers

there are a number of individuals who

21

A

Yes .

-22

Q

It wasn't

23

A

Yes .

24

Q

Okay.

25

these questions?

just you?

Without providing any details

anything you actually discussed,

KIRBY

to

KENNEDY

&

was

there a meeting

ASSOCIATES

(952) 922-1955

about

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1

between

—

if you could just turn to page

2

was

3

and your attorneys

4

did you

a meeting between you,

do

it

on

6

ROCHEFORD:

MR.

PRIEBE:

9

MR.

ROCHEFORD:

10

MR.

PRIEBE:

11

met

BY MR.

Do you

Q
John Ekblad?
A

15

Q

Object

that

it calls

Work

product

on

who

she

Yes.

Okay.

Do

know the plaintiff

you

in

this

lawsuit,

know who

Yes .

he

is?

Yes?

16
17

A

Yes .

48

Q

Did you

19

A

I

20

Q

How

21

A

When

22

teacher

23

name .

25

Or

PRIEBE:

14

24

questions?

with?

12

13

Valeria Silva,

and instruct her not to answer.

7

8

there

own?

MR.
for work product,

Thein,

in answering these

your

5

Mr.

2

him prior

knew of him,

there,

Q

know

did

so

What

basically gave

I

you

do you

rise

KIRBY

the

lawsuit?

not personally.

know

of

him?

visited Central

I've

to

seen

High

him before

School,

and

knew

he's

his

know about the incident that

to this

KENNEDY

lawsuit?

&

ASSOCIATES

(952) 922-1955

a

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I wasn't there,

A

1

2

from newspaper articles

3

proceedings .

4

Okay.

Q

so it's only information

and school district

So after reviewing that information

5

and getting your

6

what's your understanding of the incident

7

ris£

to

information through those

the current

MR.

9

hearsay and she lacks
knowledge,

11

speculation which

12

So if

ROCHEFORD:

is

Extent

it

calls

for

foundation and personal
Your question is

I'll object.

calling

for

not evidence.

you can answer,
THE

13

that gives

lawsuit?

8

10

avenues,

WITNESS:

I

go ahead.
only

know what

is

14

in — through school district documents and what was

15

reported

16
17

BY MR.

on

So that gave

Q

district

20

A

23

an additional answer.

You also know what happened on

19

22

news.

PRIEBE:

18

21

the

documents,

school

correct?

Documents

through district proceeding —

proceedings .
Q
referring

What

district proceedings

are you

to?

24

A

Related

25

Q

What

to

the

incident.

proceedings?

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

'

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CONFIDENTIAL

1
2

would

have come from the incident.

3
4

So any disciplinary proceedings that

A

Did you review those documents

Q
the

related to

discipline proceedings?

5

A

Yes .

6

Q

Were you involved in those discipline

7

proceedings?

8

A

Oner

9

Q

Which one?

10

A

May

11

sure

about

I was

I

involved in.

MR.

ROCHEFORD:

13

MR.

PRIEBE:

14

THE

WITNESS:

data privacy.

I'm not

student

MR.

16
17

hesitant .

The

18

You've got

a

19

Exhibit

20

will

copy,
I

33.

but

23

confidential,

24

we

25

Sure.

— data privacy
sure what

ROCHEFORD:

to

I

think

we're going

I

know why

is

if

who was

you

look at

in attendance

to mark the whole

including

that

you're

protected.

the

you can't

--

can say.

the extent we had it;

You're correct,

22

Sure.

expulsion proceeding

show that's

21

not

the

12

15

I'm

I 'm not

ask my attorney?

it's

transcript,
at

it.

talk about

transcript

exhibit.

it

I'll

it,

as
object

as

go.

Do

you want

KIRBY

to meet

KENNEDY

&

privately too

ASSOCIATES

(952) 922-1955

or

not?

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0

N

F

D

I

E

N

T

1

THE WITNESS:

2

MR.

ROCHEFORD;

4

THE

WITNESS:

5

MR.

VILLAUME:

3

L

Yes.

Do you want to do

I

(At

this

time

from 10:12

8
BY

MR.

10

a

Thank

question.

take

a break.

you.

short break was

a.m.

to

10:21

taken

a.m.)

PRIEBE:

Dr.

Q
under

a

have
We'll

THE WITNESS:

7

11

A

that?

, 6

9

I

oath,

Battle,

you understand you're

still

correct?

12

A

Yes .

13

Q

Did you have an opportunity to speak with

14

your

attorney?

15

A

Yes .

16

Q

Do

17

you

recall my previous

line of

questioning?

18

A

Will

you please

19

Q

Sure .

Were you

20

involved in the disciplinary

21

proceedings

22

attacked

23

A

Yes.

One.

24

Q

Which

one?

25

A

I'd

the

against

the

plaintiff

like

KIRBY

repeat?

to

individual
in

this

who assaulted or

case?

ask my attorney

KENNEDY

&

ASSOCIATES

(952) 922-1955

if

that's

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CONFIDENTIAL

1

private .
MR.

, 2

ROCHEFORD:

3

disciplinary proceeding

4

the expulsion hearing,

5

talking about,

I

and the

WITNESS:

7

MR.

ROCHEFORD:

9

THE

WITNESS:

10

MR.

ROCHEFORD:

and

those exhibits.

13

you

know,

14

Actually,

15

Counsel .

the

And you

transcript

it's

so

forth,

PRIEBE:

17

MR.

ROCHEFORD:

that.

Err on

19

up and we'll

20

questions,

21

Okay?

the
talk.

Okay?

and we're

22

if

side

Yes.
I

it's

Just

going

of

to

Exhibit

33,

and

your

counsel

that's

KIRBY

a

is

number

KENNEDY

&

33,

that.

to

look at

Exhibit
would

private,

it,

33.

just

this

do

just

whole

Okay.

PRIEBE:
So

depo

pipe

listen to his

seal

THE WITNESS:

Q

the

from

if you want

MR.

18

part

agreed

should have Exhibit

and

under there,

And we've

this

16

25

F.S.O.

Yes.

12

24

is

right?

that that will be confidential,

BY MR.

to

Yes.

11

23

referring

right?

THE

,

and the

individual we're

is F.S.O.

I think,

is,

think she's

6

8

It

referring
of pages.

ASSOCIATES

(952) 922-1955

to

thing.

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CONFIDENTIAL

Do you

1

have that

in front

of

you?

2

A

Yes .

3

Q

Did you review this packet of

4

before your deposition today?

5

I

A

6

I

7

sent

was

reviewed part
me

--

of

Q

9

correct?

MR.

11

Counsel,

12

advice .

she

wasn't,
MR.

17

not

18

Exhibit

The

you

then my

attorney

ROCHEFORD:

For

reports

just asking

you're

and

— well,

referring to,

the

record,

other

legal

actually,

it

only question

right

documents,

you

now

is

whether

or

reviewed

33.

A

document,

Have you

reviewed

I

recall

cannot

Q

Okay.

23

A

I

24

Q

If

it

it before today?

some

of

the pieces

in

this

reviewing .

22

where

and

documents,

status

reviewed the

19

25

packet,

proceedings,

PRIEBE:

Q

20

of district

but

16

21

gets

He's

13

BY

part

this

Additional

10

15

as

documents.

8

14

information

says

can't
you

recall.
could

"744,"

KIRBY

and

turn
let

KENNEDY

&

to
me

the

bottom

know when

ASSOCIATES

(952) 922-1955

right-hand

you're

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1

there.

MR.

2

3

like,

ROCHEFORD:

THE WITNESS:

5

MR.

PRIEBE:

6

THE

WITNESS:

BY

MR.

Are

9

A

Yes .

10

Q

Have you seen this

11

A

Not

12

Q

Do you recall

hearing on the

14

Okay.

private

you

I

document before?

recall.

testifying at an expulsion

19th day of January,

sharing

student

ROCHEFORD:

17

THE

WITNESS:

18

MR,

ROCHEFORD:

seal

this

as

confidential,
THE

20

22

2016?

ask my attorney if that's

MR.

21

correct?

there?

that

Can I

A

to

744,

744?

16

19

See,

PRIEBE:

Q

15

second.

Correct.

8

13

a

these are numbers.

4

7

Just

It

data .

— but we

and

WITNESS:

is

you

Yes,

can
I

was

are going

answer.
a part

of

those proceedings.
BY MR.

PRIEBE:

23

For the purpose

Q

24

look at

the

first

25

understand that

page

the

KIRBY

on

court

KENNEDY

of being thorough,

Exhibit

33,

you'll

signed an order

&

ASSOCIATES

(952) 922-1955

if you

in this

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CONFIDENTIAL

1

matter maintaining that everything that we're going to

2

discuss in relation to Exhibit 33 is confidential

3

material .
Do you understand

4

that?

5

A

Yes .

6

Q

So you' understand that everything that you

7

have been told in

8

any of

9

place?
A

Yes .

11

Q

If

right,

13

page

and

you

it's

could go back

to

is

still in

744,

on

the

upper

but

do

you

see

a condensed version,

3?

14

A

Yes .

15

Q

At

16

confidentiality of

these proceedings or documents

10

12

relation to the

Theresa

the

bottom,

that's

your name,

correct,

Battle?

17

A

Yes .

18

Q

Do you recall

19

A

Yes .

20

Q'

Were

21

A

Yes .

Q

Okay.

you

giving

this

testimony?

under oath?

/

22
23

Exhibit

you could turn to page

33.
Are

24
25

If

A

you

there?

Yes .

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

701

on

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CONFIDENTIAL

1

Q

Have

2

A

Yes .

3

Q

Can

4

A

Behavior

5

Q

On

6

A

Yes .

' 7

Q

When

8

A

After the

9

Q

Would

10

12/4/2015?

A

you ever

you

tell

it

is?

report.

Would it

it

you

review

incident

was

the

not

say day.

be

the

safe

to

don't

recall

No,

I

15

Q

But

you

A

Yes .

Q

Was

same

If

recall,

A

document?

later?

don't

14

this

occurred.

have been

few days

Q

16

you

it

12

If

detail

did

No,

days?

what

document before?

?

A

few

me

this

F.S.O.

11

13

seen

know that

you

day

recall.

say it was
that's
the

on

within

a

fine.

day,

you've

read through

this

before?

17
/

18
19

portion

—

20

line

about

21

there

at

are

do

it

you

a

four

see

where

separate

A

Yes .

23

Q

What's

24

details?

25

A

you
The

understanding
it's

incident

KIRBY

up

the

first

through

the page

a

after

paragraphs?

your understanding

could,

that

broken

third of the way down

22

If

your

just

&

the

incident

generally explain

details

KENNEDY

of

are

written

ASSOCIATES

(952) 922-1955

for me.

here.

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0

N

F

Q

2

details?

' 3

A

No.

4

Q

Do you

5

A

No,

6

Q

So you're

7

A

Yes .

staff

D

E

N

T

I

not

specific

It

--

looking

says

oh,

the admin -- behavior admin

name

And that is Mark Krois

10

A

Mark Krois.

11

Q

Did you speak with Mr.

A

Yes .

14

Q

Do you

15

A

I

Q

Did

about

this

A

About

Q

I believe

recall

believe

when?

either the day of

or

shortly

after .

'

18

19

Krois

incident?

13

17

yes.

—

Q

16

L

know who did?

9

12

A

Did you provide any of those incident

1

8

I

you only

speak with him once?

this particular

incident?

I

don't

recall .

20
21

spoke with him about

22

right?

23

A

(Witness

24

Q

Is

25

A

Yes .

that

a

you were

testifying that you

this

shortly after or the

nods

head.)

yes?

KIRBY KENNEDY

&

ASSOCIATES

(952) 922-1955

day of,

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1

Q

So you recall that conversation?

2

A

Yes.

3

Q

Do you remember what was discussed?

4

A

I

5

things

he

recall

how quickly

stated about

unfolded.

Was your understanding of

Q

6

not when.

But

Krois,

to Mr.

during

your

the

incident,

conversation,

7

according

8

fairly consistent with the incident details here

9

page

33,

Exhibit

we didn't discuss

A

No .

15

Q

You just didn't discuss

16

A

Not

17

Q

18

A

We didn't discuss

19

Q

More

recently,

21

incident with Mr,

specifics

24
25

Q
was

on

—

those?

last two or three months,

23

details

the

20

A

the

704?

page

14

22

all

no.

So you believe there are more

Q

12
13

here,

details

33?

At that time,

A

10
11

of Exhibit

701

on

I

the

specifically within the

have

you discussed this

Krois?

discussed how he was

of the

details.

doing,

not

incident.

What do you mean by you discussed how he

doing?

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

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59
CONFIDENTIAL

1
2

Just

A

Q

What

4

A

I

he

did he

can't

say?

recall

exactly specifically what

said.

6

Q

Generally?

7

MR.

8

THE WITNESS:

9

MR.

ROCHEFORD:

11

MR.

If

With that

ROCHEFORD:

you

don't

I

THE

WITNESS:

15

MR.

ROCHEFORD:

16

THE

WITNESS:

17

MR.

ROCHEFORD:

MR.

Q

Do

20

A

Not

22

23

asking

we

have

a

data

don't

recall.

we'll
I

don't

leave

recall.

it at

that.

PRIEBE:

19

21

Do

recall

14

BY

can't.

constraint?

13

18

I

Okay.

THE WITNESS:

practices

I

No,

PRIEBE:

10

12

doing after being

involved in an incident.

3

, 5

checking how he was

a

testimony,
A

25

Q

I

recall

what

specifically,

general,

Q

24

you

"How are

believe

you also

it

you
other

you

tied

told Mr.

Krois?

than expressing

doing?"
into

informed Mr.

your

previous

Krois

Yes .

that

KIRBY

you were

KENNEDY

&

having

a

deposition

ASSOCIATES

(952) 922-1955

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CONFIDENTIAL

> 1

taken

2

A

3

Q

4

A

Yes .
correct?

5

about the incident,

6

to

7

8

It wasn't

That was another conversation.

Was

Q

asked Mr,

just that he would be notified

that

Krois

that

same

conversation where

how he was doing?

9

A

No.

10

Q

Did you review or watch any of the

11

security camera videos

12

2015,

related to

the

December 4,

assault?

13

A

I

14

Q

You

15

A

I

16

Q

Are

17

attacked the

18

plaintiff's

19

any

21

recall .

can't

you

remember viewing any videos?

recall.

aware

plaintiff

at

that

the

student

said something

who

about

the

race?

in a

Did

Q
student

don't

can't

reference

'22

recall.

Only what's

A

20

23

you

A

No.

25

Q

Do

documentation,

you ever

issue

24

in documentation,

about

but,

no,

if there's
I

speak directly with

the

don't

the

incident?

you have any information suggesting

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

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1

that

the assault

occurred due
MR.

2
3

speculation,

4

knowledge,

Subject
answer

if

ROCHEFORD:

you

personal

9

stated or of him personally

11

BY MR.

knowledge

13

superintendent,

14

violence

15

A

No,

16

Q

Just

17

previous

On

at

don't

saying

he may have

December
were

to

4,

have

any

it.

I

wasn't

a

said.

2015,

you aware

Central High

You

recap,

informed me

A

Yes,

occasionally.

21

Q

Were

any

race

of

23

teachers?

of any

race-based

to

that Ms.

20

to

assistant

I wanted

safety

22

as

School?

some

the

ahead and

discuss

your

testimony.

18
you

go

PRIEBE:

Q

to

personal

about what the student may have

anything

12

19

I

WITNESS:

8

to

for

testimony.

to my objections,

THE

witness

lacking

calls

race?

can.

7

10

Object;

foundation,

based on a prior

5
6

lacking

to the plaintiff's

the

24

A

No.

25

Q

Okay.

KIRBY

concerns,

of

As

safety

or

assistant

KENNEDY

&

related

correct?

those

students

Mackbee

the

concerns

race

of

related

the

superintendent,

ASSOCIATES

(952) 922-1955

was

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C 0

1

Mr.

Ekblad the

2

school

F

first

D E

I

N

MR.

ROCHEFORD:

A L

assaulted on

Could you

repeat

that?

THE WITNESS:

6

MR.
repeat

(The

MR.

ROCHEFORD:

that

Ma1 am,

requested portion was
THE

9
BY

Repeat

question.

could you

that?

8

10

I

individual to be

5

7

T

property?

3

4

N

WITNESS:

read back. )

No.

PRIEBE:

11

Q

Was there just one prior incident?

12

A

I 'm

13

district

'14

Minnesota .

15
16

but

19

need to

I'm not

sure;

look

that

at

school

of

information reported to

it's

the

submitted electronically,

it may be a written report

send to the Minnesota Department of
Q

So it's

actually reported

that we
Education.

to the

Minnesota

22

A

Yes .

23

Q

--

24
25

to

reported to the State

I believe

A

18

21

How is

I'd have

of Minnesota?

17

20

sure .

information

Q
State

not

Department

of Education?

Yes?

A

Yes .

KIRBY

There are discipline

KENNEDY

&

ASSOCIATES

(952) 922-1955

incidents

that

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1

are reported to the Minnesota Department

2

Are you aware,

Q

3

without

4

the

5

Central

reviewing

any of

other incidents

as

you

those

of Education.

sit here today,

documents,

of some

of assault or violence

at

St.

of

Paul

High School?

6

A

Can

you

7

Q

Yes .

repeat

As

you

the

sit

question?

here

today,

can

you

8

testify to any other incidents of assault or violence

9

at

St.

Paul Central High School?

10

A

Define

11

Q

Was

12

anyone

ever beat up at

St.

Paul

Central High School?

13

A

Yes .

14

Q

Okay.

15

that

16

were assistant

17
18

"violence . "

occur

A

How many times did an incident

leading up to

December

4,

2015,

like

while you

superintendent?

I'm not

sure,

without

looking

at the

records .

19

Q

Would it

20

A

I

Q

So

can't

be more

than

five?

speculate.

/

21
22

here

you can't

even

give

a

general

number

today?

23

MR.

ROCHEFORD:

24

THE

WITNESS:

25

MR.

ROCHEFORD:

KIRBY

KENNEDY

&

Object

—

No.

she

ASSOCIATES

(952) 922-1955

said

she's

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CO NFIDENTIAL

1

without

foundation,

sir.

2

(Exhibit Number

3

identification

MR.

4

5

otherwise

this

turns

' 6
7

8

BY MR.

Dr.

Q
before?

11

to

If

page

12

through

may not

reporter.)

Let's do this,

Handing

the

witness

36.

I

Q

What

15

A

Incident

dangerous

weapon.

such

kind of data

Would this be the

19

Minnesota?

20

A

Yes .

21

Q

Do you

23

what

this

a

36

few minutes

information

this before,

are you
or

but

it

referring to?

aggravated assault

information that
shared with the

understand the

Do you understand,

information

in maybe more

you
State

on

detail,

represents?

24

A

What do you mean by

25

Q

If

you could

KIRBY

as

for assault

testified previously would be

674?

Exhibit

particular document.

18

page

seen

can give you

seen data

have been this

22

you

it.

I've

Q

have

like,

14

17

court

a mess.

PRIEBE:

Battle,

you'd

A

or

the

for

PRIEBE:

10

16

into

been marked as Exhibit

9

13

by

ROCHEFORD:

MR.

what's

36 was marked

look

KENNEDY

&

"in more

at

the

top

ASSOCIATES

(952) 922-1955

detail"?
left,

it

of

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I

CONFIDENT

A L

1

explains "Assault or Aggravated Assault," and then it

2

goes from the dates 8/1/14 to 12/4/15. .
Do

3

you

see

4

A

Yes .

5

Q

So what

6
7

foundation,

calls
If

8

11

of incidents

ROCHEFORD:

BY

MR.

for

speculation.

How do you

MR.

This

form

the

dates

Have

you

Object

to

the

form

(indicating)?

18

MR.

No.

ROCHEFORD:

No,

I

do not.

Okay.

PRIEBE:

20

Q

Forms

21

A

Do

22

Q

Have you reviewed

23

A

Yes .

24

Q

Have

25

us

forms before?

ROCHEFORD:

THE WITNESS:

MR.

tells

know that?

17

BY

It

question.

16

19

go ahead.

WITNESS:

participated in drafting these

the

lack of

PRIEBE:

Q

of

Object;

for assault or aggravated assault.

14
15

MR.

THE

12
13

is that information telling us?

you can answer,

9

10

that?

like

I draft?

this?
No,

I

you ever been

do not.

forms

like

this

told

what

these

say or mean?

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

before?

forms

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C

0

N

F

1

A

Yes .

2

Q

So

you have

it

contains?

3

information

4
5

Not

A

yes.

Not

the

this

D

I

E

N

T

I

knowledge

particular

A L

of

this

form and the

but

information,

form,

format.

6

Q

But information,

7

A

Yes ,

' 8

Q

So if you could read below

9

10

Aggravated Assault, "
and

then

it

says,

foundation,

lacks
If

14

17

191;

tell me

you

can
THE

that created this
BY

MR.

Q

19

A

20

Q

21

A

That's

"By

Central
and

Object;

or

Incident,"
HS:

13."

13 means?
lack of

knowledge.

answer,

go

WITNESS:

I

ahead.
was

not

the

person

so

I

okay.

can't

Do you
.

I

know,

would

tell

have

him;
THE

24

know

know what

MR.

you

say,

191

ROCHEFORD:

report,

22

If

what

"Assault

PRIEBE:

18

23

"District:

personal

15
16

on to

MR.

12

13

goes

Can you

11

it

you do?

to

it means?
speculate.

ROCHEFORD:

if

you

That's

don't

WITNESS:

know,

Well,

if

25

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

not

evidence.

tell
it

him.

says

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CONFIDENT

1

BY

MR.

Q

3

A

district,

Do you know what these
"By Incident,"

and at Central,

5

Q

So your

6

A

My

7

Q

8

A

10

Q

11

A

12

Q

13

A

of assault

and

13

of

or

191

aggravated

those

My

191 occurred at Central High
My

School?

interpretation would be that by

what

ROCHEFORD:

Do

you

know these

their
THE

WITNESS:

17

MR.

ROCHEFORD:

19

THE

WITNESS:

20

MR.

ROCHEFORD:

21

THE

WITNESS:

22

MR.

ROCHEFORD:

23

at

13.

16

18

119,

My

MR.
here,

that would be

district

14
terms

number

knowledge would be

incidents

assault at the

9

15

A L

PRIEBE:

2

' 4

I

Yes.

definitions

are

disciplined and

so

by

THE

WITNESS:

25

MR.

ROCHEFORD:

KENNEDY

incident

Yes.

students

forth?

24

KIRBY

Yes.

Yes.

Okay.

& ASSOCIATES

(952) 922-1955

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C

1

BY

MR.

The

Q

3

today,

4

district

5
6
says

N

F

I

D

E

N

T

I

A

do you

students

disciplined,

know how that

could be

greater

A

No,

do not.

Q

Do you understand what

I

"Incidents

with

than the

Q

What

does

that

mean?

10

A

Incidents

that

resulted

11

G

What does

it mean below

14

due to
MR.

(The

16

18

in

a

it

suspension.

that,

where

it

assault"?

ROCHEFORD:

Can

you

requested portion was
THE

suspensions
BY MR.

read

that

that

were

WITNESS:

due

to

The

read back. )

number

an assault

of

incident.

PRIEBE:

19
20

for the

back?

15

17

here

Suspension"?

9

13

222

sit

it means when

Yes .

"Suspensions

you

191 by incident?

A

says

as

number of

8

12

L

PRIEBE:

2

7

0

Do

Q
information

'21

you

contained
School

A

know who

on

created

this

district

ROCHEFORD:

23

THE WITNESS:

24

know who generated this

report.

25

created

I

KIRBY

so

KENNEDY

the

Exhibit

36?

staff.

MR.

report,

entered

document,

22

this

or

don't

&

Are
I
I

you

guessing?

I

no.

I

don't

know

who

know where

ASSOCIATES

(952) 922-1955

it

don't

came

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CONFIDENTIAL

1

from.
MR.

2
3

If

know.

you don't

5

getting

THE

8

entered
BY MR.

Do

Q
offices

you

what

that's

WITNESS:

know where

information

I

Yes .

12

Q

What's

13

A

Campus ,

14

Q

It's

15

A

Yes .

16

Q

Okay.

18

A

Yes .

19

Q

What

20

A

It

at

like this

We have

A

21

answer.

That's

know,

you

I

was

fine.

don't

know who

information.

11

17

PRIEBE:

your

him what

PRIEBE:

9

10

this

Tell

that's

If you don't

at .

, 6
7

know,

MR.

4

ROCHEFORD:

the

a

reporting

name

you

school

would be

of

called Campus

Do

the

that

district

stored?
system.

reporting

Reporting

understand what

system?

System?

that

system

does?

information

22

does

is

our

it

do?

student

23

the

same

24

the

number

25

things

system —

system.

And would Campus

Q

records

kind of
of

information:

suspensions,

similar

Reporting System contain

to

KIRBY

The

the

number

number

of

that?

KENNEDY

&

ASSOCIATES

(952) 922-1955

of

assaults,

injuries,

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1

A

Yes .

2

Q

Looking

3

means

4

Serious

when

it

Bodily

5

6

says,

Yes .

8

Q

Can

differences

10

you

would

severity —

explain to me

or

"major"

severity of

the

12

Q

And who judges

13

A

Our

be

15

police

a medical

decision that

21

I

A

depends

20

on the

what

would be

between

those

the

injury.

that?
--

it

could vary.

nurse,

question.

It

could

administrators,

decision

24

or

know

who

an injury is
can't

would ultimately make

either

"minor"

speculate on which one.

It

incident.
to

let me

you

to either

know who

would

finish my

enter

injury

an

ultimately make
as

either

"major"?
A

a

Okay?
Do

23

you

I'm going to ask you

Q

22

25

I'm not

professional,

Do

Q

18
19

Major,

officers.

16
17

Minor,

it

be?

"Minor"

A

14

reported:

know what

injuries?
A

11

"Injures

do you

you understand the differences

7

9

down,

Injury"?

Do
those

further

It varies .

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

the

"minor"

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Q

So it

3

A

Yes .

4

Q

Have you ever been the

1
2

5

could be

someone different

every

time?

individual who made

that decision?

6

A

As an assistant principal,

7

Q

Do you know when the

yes.

school

district began

8

a contractual relationship with the Pacific Education

9

Group?

10

A

No,

11

Q

Were you involved in the creation of any

12

such

I

do

not.

contract?

13

A

No.

14

Q

If you could look at Deposition Exhibit

35.

Turn

15

Number

to

page

Without asking

16
17

Interrogatory Number

18

the

19

personal

20

A

21

knowledge
I

knew

know the details
Q

there

it,

is
A

a

look

would that have been one

that

was

at
of

you did not have

a

contract,

but

I

didn't

so
go

you

How do you
there

if you

in relation to?

of

How do

23

25

19,

for detail,

interrogatory questions

22

24

9 .

ahead.

know there was

a

contract,

or

contract?
Because

KIRBY

the

board

KENNEDY

&

there

ASSOCIATES

(952) 922-1955

has

there

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1

referring to the
Yes.

A

contracts

over

7

A

No,

8

Q

Do you

I

can't

A

L

so there was a

relationship.

"the board, " were you

board?
the board

has

to

recall

that

approve

right

is?

now.

know how much money the

contracts

Pacific Education Group are?
A

No.

11

Q

Is there

still

a contract between

Pacific

Education Group and the school district?

13

A

I 'm

14

Q

Do you

not

sure .

know

if there was

contractual relationship on December

16

A

Yes .

17

Q

You

18

A

I

19

I

know what amount

10

15

T

a certain amount.

Do you

with

E N

Normally,

Q

12

D

I

school

6

9

F

When you brought up

Q

4
5

N

were workshops conducted,

2
3

0

I'm not

sure

know

it

4

of

services.

You

know?

was

20

Q

Do you

21

A

the

22

Q

-- the

23

A

Professional

24

Q

In

know what

25

A

Yes,

services

two

Pacific Education Group provided?
development.

general?

in general.

KIRBY

2015?

there was?

know they provided
if

such a

KENNEDY

&

Professional

ASSOCIATES

(952)922-1955

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1

development.

2

Do you

Q

know why the

school

district would

3

look to get professional development from the Pacific

4

Education Group?
For

A

5
6

and the

7

consulting

8
9
10

topics

the

type

that

of professional

they provide,

development

same as

any other

—

So is

Q
professional

there

a

development

specific type
that

of

Pacific Education

Group

provides?

11

A

Yes .

12

Q

Can

13

A

T.hey provide professional development

14

15

related to

racial

explain?

equity.

What do

Q

16

know it's

17

understanding

18

you

a

A

you mean by "racial equity"?

stupid question,
of

My understanding

professionals

20

of the services it provides

22

Q

can deal

By

A

Not equality,

24

Q

Is

"equality"?

like

your

how

teachers

and other

of equity,

in terms

and particularly racial.

is

it

fair

to

say

that

Equality?

23

25

is

with issues

"equity,"

mean fairness?

I'd

it.

19

21

but

there

Why

I

a

does

KIRBY

but

reason
it

not

KENNEDY

&

fairness.
you portioned
encompass

ASSOCIATES

(952) 922-1955

out

equality?

you

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I

1

A

2

"equity"

3

different

4
5

and

"equal,"

Why,

different

in

should have

equal

8

need a

size

14

9

that ' s

"equity. "

12

an analogy,
access

and

some

So

everybody has

11

do

Is

individuals .

represent

to

I believe

wear

of us

everybody

different

shoes,

need a

is

two

that

fair

to

Equity?

14

Q

Equity.

15

A

Yes .

16

Q

So if you understand,

knowledge,

18

racial

how did Pacific

equality?

What

19

A

Racial?

20

Q

I

believe

21

professional development

22

right

23

Is

or not

of

they

was

some
8,

of

us

and

to get

a

shoe,

needs.

certain

if you have
Group cover

doing

said that

equality,

size

equal

Education

were

you

but

say?

A

17

everybody

shoe sizes or

13

that

but

mean two

they

Tailored to the needs

Q

—

equality,

by definition,

your mind,

To use

A

but

encompasses

things?

7

10

it

things.

Q

6

think

the

to

--

equality

geared towards

excuse me

that

—

equality,

equity,

right?

correct?

24

A

Yes .

25

Q

And

i

I believe

KIRBY

KENNEDY

your

&

testimony was

ASSOCIATES

(952) 922-1955

also

that

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F

D

I

E

N

T

I

A

L

1

the equity was related to race and education.

2

that

Was

right?

3

A

Yes .

4

Q

Okay.

Now,

what

is your understanding of

5

how the Pacific Education Group went about to discuss

6

or develop the racial equity?
A

7

So

I

was

a participant

8

professional development,

9

to consider multiple perspectives,

diverse group of students

11

you get multiple perspectives

12

your families,

one

Any other ways?

14

A

Yes .

16

have

17

serve a

and so how do

from your children and

way.

Q

conversations ,

that you have

because we

and families,

13

15

some

and one way is

10

is

in

There's
There's

a

If

a

way

you
so

recall.
you can

protocol

that

have

have

--

conversations.

Q

Do

any of

the trainings

that you

attended

18

with Pacific Education Group deal with treating

19

students

20

A

differently because
I

wouldn't

21

finding out what

22

need in terms

23

Q

24

A

25

to

their

their perspective

why

with

would that

the

race?

treating differently,

of education or

So

perspectives,

say

of

but

is

and what

they

support

services

—

--

families,

to

just

gather

their

and there may be a difference racially

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

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F

I

DENTIAL

1

based on what people tell you,

2

experience .

3

Q

4

if

based on their lived

I

apologize

I'm not being clear.

I

guess my question is:

Why would you

5

refer to the professional development as being

6

designed for racial equity?

7

that

we

school

went

over.

From what

A

8
9

just

district,

I

within our diverse

11

have ethnicity,

12

special

is

how do we,

13

language,

as

a

everyone

-- and we have very different

so that's a part of it,

education

students,
of

we have

-- we

we have

students

that

need

those diverse needs.

And racial

14

recall,

make sure that we provide

10

so all

That was your testimony

identity is

part —

it's

just

15

one of the very diverse perspectives of the children

16

and

families

we

serve.

17

Q

It's

a very diverse student population?

18

A

Yes .

-19

Q

Would you

agree that

students of

it's approximately

20

76 percent

21

students receiving English Learner Services?

22

A

Yes .

23

Q

What do you

24

Equity with the

25

A

It's

school

one

KIRBY

of

color and 30

know about

percent of

the Office of

direct?

our departments

KENNEDY

&

ASSOCIATES

(952) 922-1955

within the

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1

school

system.

2

3

Do you participate or

Q
office

at

engage with that

all?

4

A

Yes .

5

Q

How

6

A

When my principals need information about

so?

Why would you do

that?

7

curriculum or culture-responsive teaching/

8

may refer them to the Office of Equity to get some

9

resources

10

general

11
12

so they have curriculum resources.

Is

Q
Central

High

there

an equity team at

Yes .

14

Q

Do you

15

A

Not

know who

is

specific —
MR.

ROCHE FORD :

17

MR.

PRIEBE:

21

Yeah.

THE WITNESS:
particular
BY MR.

Right now?
Right

now,

we

with.

19
20

Paul

involved in that team?

16

start

St.

school?

A

can

Provide

support to the teachers as well as principals.

13

18

I would

No.

I

don't

know

names .

PRIEBE:

22

Q

Do you

23

A 1

Yes.

24

Q

Okay.

How

25

A

I

of

knew

know particular names at any time?

about
one

K1RBY KENNEDY

or

on

December

two

that

& ASSOCIATES

(952) 922-1955

4,

2015?

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1

Q

2

A

3

Colbert,

Could you name

of
I

knew,

the
was

5

spelling

for

her,

MR.

Q

Was

9

A

No.

10

Q

Just

11

A

Yeah .

12

Q

Okay .

ROCHEFORD:

there

the

a

Oh,

said

two?

37 was marked

ROCHEFORD:

court

Oops,

for

reporter.)
Is

there

a

I missed?
THE WITNESS:

18

MR.

ROCHEFORD:

20

MR.

PRIEBE:

21

what's been marked as

Exhibit

you.

BY MR,

23

25

a

C-O-L-B-E-R-T .

You

second?

17

24

have

one?

MR.

15

22

Do you

identification by the

14

36

Kimberly,

one.

(Exhibit Number

13

19

for me?

PRIEBE:

8

16

L

A teacher,

THE WITNESS:
BY

A

by chance?

6
7

those

team,

MR.

4

I

is

Oh,

one.

okay.

Thank

Sorry.

Handing

the

witness

37.

PRIEBE:

Q
going

This

Those

to direct
Have

were

you

to

you

KIRBY

a

couple

a

few pages.

ever

KENNEDY

seen

&

of documents,

the

first

ASSOCIATES

(952) 922-1955

page

so

of

I'm

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1

37?

Exhibit

2

A

No.

3

Q

Can you turn

4

says

"544"

to the bottom right where it

know when you're

and let me

there?

there.

5

A

I'm

6

Q

Do you know whose signature that is

7

the

Schools?

Public

Paul

St.

8

A

No.

9

Q

It's

kind of difficult —

10

A

It's

not

11

Q

Can you

12

A

No.

13

Q

Me either.

14

Back to

15

Does

legible.
read the title?

your previous testimony.

it help refresh your
$99,999.99 was

up to

contracts

16

that

i7

could be agreed to without

18

A

Yes,

19

Q

Okay.

20

this

document

22

A

No.

24

Q

I

document,

but

the amount that

board approval?

does.

it

Now,

you ever

Have

"547"?

recollection

I

understand you've

never

seen

before.

23

25

school

right where

How about the bottom

21

for

seen

that

understand you've
do you

says

document?

never

seen this

understand that?

KIRBY KENNEDY

it

& ASSOCIATES

(952) 922-1955

On page

547

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1

where

2

it

it

goes

says,
over

3

"1:

Consultant,"

"General

read that,

5

your

and

A

7

Q

let me

(Reviews
In

8

the district

9

engaging

10

eliminate

11

schools?

that

or

give

know if that

document)
same

correlates

paragraph,

education

do

you

know

disparities

how

that

A

Through professional

14

Q

With

15

A

Yes .

16

Q

Are

the

you

Pacific

aware

Equity Transformation

18

A

NO.

19

Q

Can

"551."

21

I

you

to

with

you

know

how

Were
professional

was

in

SPPS

done?

development.

Education Group?

of

the

school

district's

Plan?

turn

believe

to

the

bottom right

it's

the

last

any of these

development

23

A

Yes .

24

Q

Which ones?

25

A

DELT

KENNEDY

by

and Beyond

&

it

for

you?

Diversity,

ASSOCIATES

(952) 922-1955

where

page.

seminars

attended

training

KIRBY

ksaa

second

Yes.

13

22

you a

Pacific Education Group went about

racial

Do

says

Services."

in systematic equity transformation and

12

20

of

that,

understanding.

6

17

then below

Description

I'm just going to

4

and

and

—

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1

that's

yep,

2

Q

all.

Just for clarification,

Okay,

DELT

3

training — it's very difficult to read -- on the

4

hand,

5

A

Yes .

6

Q

So you

correct?

row,

the first

but it is

left

attended that training.

Do you remember when?

7

remember when.

do not

8

A

No,

I

' 9

Q

Was

it

10

A

No.

11

Q

Okay.

twice?

once or

than

It's more

twice.

Going back to my previous

question

12

if you understood or knew what the school district's

13

Equity Transformation

Plan was.

Can you see

14
15

training,

16

discussed?

row,

in that

that was one of

under DELT

the issues that was

i

A

17

18

Q

In the

No .

this plan?

In

Is

that

What this discussed in the plan?

what you're asking?

19
20

Clarification:

seminar or program that

you

attended .

You said you went

21

22

A

Yes .

23

Q

As

24

about,

25

is

it

focused

says,

you can
"DELT

on building

KIRBY

see

to

DELT

in that

training,
executive

training,

row that we

coaching,

and

capacity

and

& ASSOCIATES
922-1955
(952)

KENNEDY

right?

talked
support

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N

F

I

D

E

N

T

A

L

1

accountability for

2

equity transformation via the district's Equity

3

Transformation

I

read that correctly?

5

A

Yes,

you

6

Q

Now,

does

7

recollection?

8

district's

implementing district

Plan."

Did

4

leading and

I

Or,

read

it

that

if you

correctly.

help
can

refresh

explain,

Equity Transformation

A

I

10

Q

In

part?

11

A

—

that

12

Q

What pieces

are

13

A

These

categories

DELT,

four .

15

group registration.

17

Q
district's

So

in

has

these pieces

A

Yes .

19

Q

What

20

A

The

do

Two
are

parts,
the

DELT

two

I

the

—

altogether.

referring to?

the

you

is

you have here
coaching,

understand

and

what

—
the

the

Plan was?

do.

parts?

training,

and

the two-day Beyond

Diversity .

22

Q
school

So

was

it

a

plan

district's

equity?

24

A

May

—

25

Q

Go

23

you

two-day,

part,

in total

Equity Transformation

18

21

a plan

the

14

16

saw

three

what

Plan?

9

The

never

your

I

to

actually

ahead.

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

transform

the

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F

D

I

E

N

T

I

A L

1

A

May

2

Q

You may.

At

any time

I

an

understanding

3

go

go back to your previous
you

question?

want

to

clarify,

ahead.

4
5

I

N

A

and

support

do have

for

other

That's

leaders

the bottom

row

Q

7

A

in

8

Q

correct?

9

A

Yes .

10

Q

I'm just trying

to be

Is

a

11

district.

there,

like,

coaching

--

6

Ihe

of the

Yes.

clear here.

specific plan that's
!

12

titled Equity Transformation

13
14

A

Q
aware

17

18

that

I

was

aware

of
A

reference

19

Q

After
such

a

seeing

document,

to an Equity
Okay.

Do

printed

you

recall,

21

what the Equity Transformation

those programs

22

A

No.

23

Q

You can't give me

plan

was
A

here,

Transformation

participation

25

this

are

you

now

plan?

Only what's

in

this

20

24

of before

seeing this document.

15
16

Not

Plan?

in

or

that

there ' s

a

Plan.
your

those

sessions,

Plan consisted off?

any details

on how that

implemented?
I

know how

KIRBY

these

KENNEDY

&

pieces

were

ASSOCIATES

(952) 922-1955

implemented.

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1

2

0 N

But

Sure.

Q

F

I

D

E

not

N

T

the

I

A L

details

I

apologize.

This

is

one

4

where my question is not that clear,

5

trying to understand.
I

6

see

reference

Plan.

In my mind,

8

school

district,

9

anywhere,

10
11

A

right

12

now,

Q

that's

but

Even not written,

of its

equity policies?

15

A

Yes .

16

Q

Can

19

any time,

you

about

So

at

plan

aware

of

I'm just

Transformation
held

by

the

that plan

you're

showing me

just

are

you aware

trying

to

of

the

transform

generally tell me

what

any

you

that?

our

school board passed a

racial

equity

policy during my tenure.

20

Q

When

21

A

I'm not

22

Q

Do

23
24
25

not

and

the times

no.

14

A

actual

Other than what

No .

district,

18

was

right?

school

understand

an

of

Equity

to:

you're

13

17

what

implemented?

3

' 7

of

was

that?

of

the

exact

remember

the

year?

A

No.

Q

You said you're

not

sure

Can

you

you

KIRBY

sure

date.

the

~~

KENNEDY

&

ASSOCIATES

(952) 922-1955

exact date.

 am

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year.

the

1

A

Or

2

Q

Can you give a general?

3

A

Possibly two years

4

the

exact date the

5

the

board.

L

A

I

can't

I

ago.

racial equity policy was passed by

6

Q

That policy can be found online,

7

A

Yes .

8

Q

Are you aware that

9

available online?

actually not

I

was

aware.

not

A

No,

11

Q

So do you know why the

A

No,

14

Q

If

under

is

online,

16

explain when

17

such policy?
A

18

I'm not

it was

implemented and the details

21

there .
BY MR.

of any

Yes .

MR.
of the

again

and when that policy is available

19
20

aware.

is it your understanding that the policy will

15

23

site

construction?

13

22

correct?

right now it is

10

12

recall

question/

ROCHEFORD:

lacking

Object

foundation.

in

to
Her

the

form

answer

is

PRIEBE:

Q

Have you ever been made

staff,

24

school district's

25

been told to discipline

KIRBY

aware

at any time,
students

KENNEDY

&

any member,

has

differently based on

ASSOCIATES

(952) 922-1955

that the

 as

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1

N

F

I

D

E

N

T

I

A

L

race?

2

A

No.

3

Q

No

4

O

brought

such

concerns

or

reports

were

ever

to you directly?
I

can't

recall

5

A

No.

6

Q

Any of the policies

that.

that

you're aware of,

7

written or otherwise

8

December

9

discipline students differently because of their race?

4,

2015,

implemented and in place on

are

any of them designed to

10

A

Not that

I'm aware of,

11

Q

Any

12

A

13

Q

So

14

A

— we website all of our policies.

15

Q

Do you recall

of the

- well,

the policies

or —

--

they should be on a website

any of your

—

--

any of the education

16

provided by Pacific Education Group describing that or

17

advising that

18

because

of

students

their

19

A

No,

20

Q

I

should be treated differently

race?
I

do

not

recall.

apologize if

I already asked you this,

21

but could you just generally give me a description of

22

what the role is of the Office of Equity?

23

A

Provide

support to

schools

and district

24

staff for curriculum related to providing equitable

25

resources,

support

KIRBY

for the Beyond Diversity training,

KENNEDY

&

ASSOCIATES

(952) 922-1955

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87

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support

2

equity teams at the school site,

4

Does

Q

3

with

helping with

for helping with DELT training,

1

so it varies.

the Office of Equity deal directly

students?

' 5

A

Yes .

6

Q

How might they communicate directly with a

7

student?

8

A

9

Or why would they?

that's under the Office of Equity,
students

11

with their

12

there,

that present

10

resource

a multicultural

We have

come

and we have
there

13

of Equity provides

14

staff,

15

students?

Yes .

17

Q

Are you aware of the Pupil

.19

A

Yes,

20

Q

So do

for

Fair Dismissal

Act?
am.

I

you

21

went through Exhibit

22

were

suspended?
A

23

25

but the Office

but it also assists and works directly with

A

24

lessons

resources and other programs

16

18

for

teachers.

So correct me if I'm wrong,

Q

center

Do

Yes.

I

What

is

36,
you

discussed and

after we

recall,

students

talking about
recall

who

that?

recall discussion

about

36.

Exhibit

Q

KIRBY

your take

KENNEDY

&

on when

a

ASSOCIATES

(952)922-1955

suspension

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' 1

would be

2

A

3

gives

4

an

issued?

Our Rights and Responsibilities Handbook

possible infractions

a suspension may be

option.

5

I

Q

6

much detail,

7

Discipline

8

school

don't

but

[sic]

district

can

Yes .

10

Q

Okay .

11

A

The

12

Q

Is

13

school district

14

otherwise

that

A

Within

20

Q

Is

it

21

Responsibilities

22

otherwise
A

Yes .

24

Q

To

school

district

which

the

you

follow

or

suspends

or

the

to the

and Responsibilities,

Pupil

of

Fair

testimony that

in concert

best

of

your

ever expelled a

KENNEDY

&

Dismissal Act,

our process.

Handbook correlates

KIRBY

in

Pupil

student?

Rights

your

the

Fair

too

Yes.

fair part

implemented

23

a

our

references
a

in

the

expels

is

it

student?

either

17

the

way

when it

--

it

the

follows

Q

yes,

say that

through

suspend a

discuss

that

16

so,

to

to

process

Within

19

goes

need

the

A

see

fair

process.

15

you'll

it

Act

A

18

think we

is

9

25

where

with

the Rights
with

is

the Act?

knowledge,

student?

ASSOCIATES

(952) 922-1955

or

and

has

the

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1

A

Yes .

2

Q

What might

3

for expulsion,

5

Responsibilities,

6

expulsion is
Q

8

A

9

Q

10

A

11

Q

they have the infractions,

any

per

he

Was

state

law.

I

suspended?
asked my

14

Q

Go

ahead.

15

A

—

if

that's

to

the

—

student private
It

is,

data?
and

I'll

form.

know who F.S.O.

Do you

18

attorney

ROCHEFORD:

MR.

16

— which one that

is?

20

THE WITNESS:

21

MR.

22

there's

23

If

24

we'll

25

—

happened

Do you know what happened to F.S.O.

Can

19

where

ahead.

Go

A

object

what

know

you

13

17

in the Rights and

or mandated

?

12

the reason

an option -Do

,7

or

Just generally.

if you know?

In what's

A

4

be the purpose

deal

Yes.

ROCHEFORD:

Okay.

We've got a

confidentiality stipulation.

objection

raised later by his parents,

an

with

it.

You can answer that,

KIRBY

KENNEDY

&

subject to the

ASSOCIATES

(952) 922-1955

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1

confidentiality objection

2

Go ahead.

' 3

THE

4

5

question
BY MR.

Q

Do you

Yes .

9

Q

What's

know if

F.S.O.

was

your

understanding

of why he was

A

For

assault.

Q

Sure .

If

I

can

refer

back

to

Exhibit

13

Just make

sure you tell me which

exhibit .

15

A

Exhibit

16

Q

33?

17

A

Yes.

18

Q

The bottom right was,

19

correct?

20

A

33,

in the

"Behavior detail."

MR.

ROCHEFORD:

23

THE

WITNESS:

'24

"Resolution details."

number

I believe,

701,

Yes .

21
22

your

suspended?

11

14

repeat

suspended?

A

12

So

please.

8

10

WITNESS:

knowledge.

PRIEBE:

6
7

again,

and your personal

Let me

see what

page

you ' re

It

says

25

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

right

here,

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1

BY

MR.

I

DENTIAL

Do you know who provided the information

Q

contained in Exhibit

33,

MR.

4
5

F

PRIEBE:

2
3

0 N

foundation;

page

701?

ROCHEFORD:

lacking personal

MR.

PRIEBE:

7

MR.

ROCHEFORD:

your question.

9

people,

I

Well,

and

THE WITNESS:

12

"Behavior detail,"

13

but

14

information.

of

if you can.
According to the

the admin staff name

BY MR.

is Mark Krois,

PRIEBE:

Q

Are you aware of F.S.O.

previous disciplinary

's

history?

18

A

Not before this

incident.

19

Q

Now,

here

as

you

sit

today,

are

of the disciplinary history before December

21

A

Yes .

22

Q

What's

23

prior to

24

A

25

form

I'm not sure that he actually submitted this

16

20

the

could have been many

Go ahead and answer,

11

17

I'm asking —

guess.

10

15

"who"

lack of

knowledge

6

8

Objection;

December

What's

After

the

incident

4,

aware

2015?

occurred.

your knowledge of his discipline
4,

2015?

listed in the Behavior Detail

Report.

KIRBY

you

KENNEDY

&

ASSOCIATES

(952) 922-1955

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C

0 N

F

E

N

T

I

A

1

Q

Pages

2

A

70

3

Q

-

4

A

Pages

, 5

Q

Do you know any details

6

if F.S.O.

7

High

701

D

I

702 ,

believe

10

center .

701,

I

believe

he or

his

Q

How do

12

A

I

and

703,

yes.

related to how or
Central

—

our placement
came

know

to

our

center

I

placement

that?

It would be in the

know.

--

records

enrollment .

Q

Is

15

A

Yes.

16

Q

Okay.

me what

18

this

that

21

guardian

705

to

it's

for

St.

Why would

fill one

a

a

you

to explain

24

A

so

I

don't

33?

can you just briefly tell

2015-2016

Paul

it

or

a

Grade
Schools.
student's

of these applications
I'm just

out?
trying

to

get

to me.

I'm not

a member

know exactly.

KIRBY

Public

student

Stupid question.

22

in Exhibit

706.

Page 706,

says

6-12 Application
Q

contained

is?
It

A

20

25

702,

you

don't

14

23

703?

parents

11

19

and

came to be enrolled at

A

9

17

--

School?

8

13

L

KENNEDY

I

of the
can

&

placement

speculate

ASSOCIATES

(952) 922-1955

why,

staff,
to

have

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> 1

a

So as

Q

know what this

4
5

N

F

D

I

E

N

T

I

A

L

record.

2
3

0

center

6

superintendent,

you don't

form does?
I

No.

A

assistant

don't

supervise the placement

and procedures.

If you could turn to the bottom where

Q

7

says

"713"

on Exhibit

8

lower half,

9

enrollment history?

Do you

33.

see

right portion area where

in the,

it goes

I

guess,

over

10

A

Yes .

11

Q

Do you see the gap there between 2014

13

A

What

14

Q

So in 2014,

12

do you mean by

that?

see

it.

Yes,

17

Q

If you

A

I

know,

"13-14,

what does that

835,

Cretin."

information

mean?

19

history,

it

don't

the

Cretin

Q

So

'22

A

You

23

Q

Is

your

know.

shows

21

25

I

"gap"?

says,

see

A

24

it

Do you

16

20

and

2015?

15

18

it

is

could

it

Other

list

of

than

enrollment

schools.

school?

speculate.

Cretin-Derham Hall?

Would that be

speculation?
A

I ' m

not

KIRBY

sure,

KENNEDY

because

&

I don't

ASSOCIATES

(952) 922-1955

know if

it's

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or out

1

in-state

2

speculate ,

Have you

Okay.

Q

3

I'm not

state.

of

that

sure that would

ever been

students

approached by

don't have any real

4

anyone with concerns

5

consequences when they engage in violence?
have.

I

6

A

Yesr

7

Q

Prior

8

A

Yes .

9

Q

Do you know how many

10

December

to

2015?

4,

times you were

approached?

I do not.

11

A

No,

12

Q

Can you give an approximate?

13

A

No.

14

Q

Can you provide

'15

concerns

16

A

events

different

'18

staff meetings.

19

Q

20

concerns

21

A

wasn't

23
24
25

Did

that were

that

the

issues

or

you?

our discipline

for

students

enough.

Why would that be

they tell
A

addressed with

Concerns

at

had teacher meetings,

I

approach me.

And what were some of

severe

Q

you?

community members

had parents,

17

22

to

that were brought
I

any details of those

a

concern

for

teachers?

you?

Yes .

KIRBY

To

have

KENNEDY

safe

a

&

school

ASSOCIATES

(952) 922-1955

environment

 esi

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1

for

children to

0

N

F

D

I

E

N

T

(Exhibit Number 38

3

identification

MR.

4

6

The

9
10

Dr.

Q
is?

know,

Battle,

first page,

Handing the witness

do

you

know

what

the title

"Central High School

says,

Have you ever

12

A

Nope .

13

Q

Just briefly paging through,

any of

these

15

A

No,

16

Q

Do

17

Safety

you

Q

What

20

A

Each high

should
Q

23

25

A

all

the

document before?

do you

recall

the

Central High

School

Team?

19

24

seen this

know of

Yes .

22

all

no.

A

school

that's

documents?

18

21

document

Safety Team."

Q

seeing

Lhis

page 511.

11

14

reporter.)

38.

Other than what

A

I

court

for

PRIEBE:

7

8

was marked

by the

PRIEBE:

what's been marked Exhibit
BY MR.

A L

learn.

2

5

I

is

have

that?

a

school

school

Does

each school

cannot

schools

in place.

should have

answer

each

excuse me

safety team

Each

I

—

have a
that

a

safety team.

safety team?

because

I

don't have

in the district under my supervision.

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

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1
2

0

N

F

I

The schools

Q
school have

a

D

E

N

that

T

I

A L

you supervise,

does

safety team?

3

A

I would have

4

Q

Do you understand that

5

A

--

6

Q

Do you ever communicate with the

8

A

Not

9

Q

Does

7

10

they

to

check but
they

should?

should.

safety

teams?

generally.
the

school

principal

and relay information provided by

11

A

Yes .

12

Q

Did Ms .

13

December

4,

14

School's

safety team?

15

A

16

each

safety

2015,

I

can't

recall

come

to

you

safety teams?

Mackbee ever come

with concerns

ever

to you prior to

raised by Central

specifically if

it

was

High

the

team.

17

Q

If you

could turn

18

A

Okay.

Okay.

19

Q

Near the bottom,

20

that starts with,

21

aggression towards

22

A

Yes,

23

Q

Was

24

at

25

relation

Yes,

514.

here.

do

you

see

the

sentence

"How are we dealing with physical

I

staff?"
see

that

a

it.
concern that

any time by either Ms.
to

to page

Central

KIRBY

High

Mackbee or

was

&

ASSOCIATES

(952) 922-1955

to you

someone else

School?

KENNEDY

raised

in

 H3

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in relationship with Central.

1

A

No.

Not

2

Q

With

a

3

A

Just the district

4

Q

Okay.

/ 5

A

Principals relayed that

6

asking for

7

towards

9

Explain what you mean by that.
teachers were
aggression

how to deal with physical

I

that

your

recall.

A

Not

11

Q

Okay.

12

A

My recollection

13

physical

14

Q

In

15

A

That

16

Q

17

A

18

Q

aggression

of

the best

those principals?

one of

recollection,

to

Mackbee,

Ms.

Was

10

is more

about

student

in general.

general

could

other

to

include

—

staff,

students

visitors ?

- and visitors,

in

It was

yeah.

general.

Have visitors ever been assaulted while on

district property while

19

school

20

superintendent?

21

A

22

in general.

staff.

Q

8

school?

different

I

can't

recall

you were

unless

I

assistant

look at

any

records .

23

Q

You can't

24

A

No .

25

Q

If you

I

KIRBY

recall

your

no .

can ' t ,

could

off the top of

turn the page

KENNEDY

&

ASSOCIATES

(952) 922-1955

to

515.

head?

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' 1

A

Mm-hmm,

yes.

2

Q

About

third of the way down the page,

3

a

you see where it says,

4

A

Yes,

5

Q

Those

6

fights,

7

staff;

8

elevators . "

I

"Biggest issues right now"?

do.

issues

no consequences

Did

I

"Doors,

were:

no real consequence;

9

elevators,

elevators,

correctly?

A

Yes .

11

Q

Were any of those things issues

that were

raised to you at any time prior to December 4,

13

A

Yes .

14

Q

Okay.

15

Mackbee?

16

A

Yes .

17

Q

Did you address

18

locks;

physical aggression to

for kids;

read that

no

10

12

raised

Any of those

2015?

issues raised by Mary

those

issues

that were

to you?
—

19

A

I

not personally

20

Q

Well,

21

A

22

Q

—

respond?

23

A

--

I

how did you

--

--

but

relayed information to departments

24

that had responsibility for those areas

25

responsibility

for

KIRBY

do

those

areas.

KENNEDY

&

ASSOCIATES

(952) 922-1955

— direct

 s

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1

I

Q
departments,

3

you're referring to,

4

each issue,

6
/ 7

9

A

elevators

12
13

Q

our facilities

Okay.

Was

A

who works with the

engineers.

that raised to the

facilities

From my knowledge,
and

yes,

about the

doors .

How about the

"Fights;

Not that particular,

Q

You recall

18

A

Yes ,

19

Q

And how did you

20

and elevators are

no

real

just

fights

in

general .

16
17

and our

consequence" ?

14
15

for doors,

department?

10

11

for

if you could identify?

department,

Q

8

those

and if they are particular

security emergency management;
facilities

of

but can you tell me what departments

So

A

A L

think we discussed some

2

5

I

that being raised to

you again,

right?

that issue that was

21

A

address

that

concern

or

raised to you?

. Reviewing the

safety procedures

to prevent

22

and the follow-up with the principal,

what was

in

23

place,

and identifying any additional

supports

that

24

may be

needed.

25

Q

Did you

KIRBY

do

that with Mary Mackbee?

KENNEDY

&

ASSOCIATES

(952) 922-1955

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1

A

Yes .

2

Q

Prior to

' 3

A

Yes .

4

Q

How did you do that with Ms,

5

A

Mackbee?

We discussed what's in place,

need to be added,

8

9

2015?

Q

up,

and then there

is

a

what may

follow-up.

Other than just discussing and following

was anything actually done or implemented —

10

A

11

Q

12

A

Yes .

to
It

address

those

depended on the

13

there was additional

14

reviewed,

concerns?
situation.

Sometimes

staff assigned,, procedures

additional professional development.

Q

Was that implemented at Central High

17

A

Yes,

18

Q

What,

19

A

So

15
16

School?

in particular?

MR.

20

ROCHEFORD:

I'll

object

21

time.

22

will just object to the form of the question.

23

''24
25

How

did you address those issues?

6
7

December 4,

BY

MR.

After these many minutes after this

just to

incident,

PRIEBE:

Q

So

for all

these

repeat it every time — but

KIRBY

KENNEDY

questions -just

&

under

ASSOCIATES

(952) 922-1955

the

and

I

can

I

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1

understanding

2

December

3

taken.

whether or not

2015,

4,

I'm referring to prior to

that

4

A

Yes .

5

Q

I believe

6

did discus s,

7

Ms.

9

"no

part about

10

consequence"

12

December

13

A

Yes .

14

Q

Okay.

15

give

18

at it,

19

Responsibilities,

20

possible

21

Q

So

time,

would

and Responsibilities to go look
are Rights and

there

and

expectations,

the

23

consequences

for

your position

it

is

prior to

the

options

I

Sometimes

the person.

to

--

for

infractions .

22

25

to that

to your attention?

to review that

A

real

"no

What did you do in response

them the Rights

17

24

the

not

2015?

Listened

A

general';

about

the part

issue being brought

16

in

ever brought up to you by anyone prior to

11

4,

fights

consequence."

real

So was

Q

correct?

discussed

I

A

8

you

no real consequence, " with

that

is

your testimony that

it was

"Fights,

Mackbee;

2015.

Nothing after

Okay?

certain actions were

4,

December

that

2015,

there

there

--

at

were

fights?

Our Rights

for fights

KIRBY

—

and Responsibilities

fighting

KENNEDY

&

gives

the

and other infractions.

ASSOCIATES

(952) 922-1955

 En

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1

Sure.

Q

Notwithstanding the policy,

2

your understanding as

3

December 4,
A

4
- 5

it

assistant superintendent that on

2015,

there were consequences

Yes .

As

for fights?

detailed in our Rights

and

Responsibilities .

6

Sitting here today,

Q
Rights

8 '

happens when a student engages in a fight?

9

and Responsibilities

can you detail

7

10

is

memorized,

I don't have it

so

Q

11

in relation to what

Not without having it --

A

the

That's

okay.

So I think you relayed — in discussing

12
13

this with Ms.

14

changed procedurally or policy-wise in relation to the

15

concern

regarding
A

15

Mackbee and following up,

fights

and no real

On an annual basis,

was anything

consequence?

there are

revisions to

17

Rights and Responsibilities.

18

can't recall any specifics related to these that

19

were

20

Q

You

21

A

—

22

Q

You can't

23

were made as

a

can't

A

25

policy changes.

so I

recall

changed,

as

far

recall

result of this

Right.

24

They look at it,

as policies.

any

issue brought up

For policy.

KIRBY KENNEDY

&

specific changes

I

cannot

ASSOCIATES

(952) 922-1955

to

recall

that

you?
any

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' 1
2

Q

are

I want to be

!

When

clear.

you

say

"they,"

you referring to the school board?

3

A

School board,

4

Q

Does the superintendent have the ability

5

yes.

to change or implement such policies on her own?

6

A

You'd have to ask.

7

Q

So you don't

8

A

Like,

9

policies;

the

school

approve policies.
superintendent —

Q

So can the

11

A

So the

12

Q

—

13

A

Implement,

14

Q

create?

15

A

Can

superintendent can

implement

Q

18

staff of

19

A

school
It's,

I

any physical

— but I

22

give

exact

24

A

25

Q

So

not approve.

allowed to push

believe,

21

Q

but

not

It's

a

or shove

district?

Responsibilities.

you the

but

from my knowledge.

20

23

yes,

Are students
the

recommend —

policies?

recommend,

school board action,

17

authorized

board is

they have to

10

16

know?

There's

in our Rights

and

information pertaining

don't have it

in front of me

to

to

—

you don't

know?

references
You don't

know

KIRBY KENNEDY

to

it,

off

&

but

the

top of your head?

ASSOCIATES

(952) 922-1955

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A

1

—

3

THE WITNESS:

5

MR.
Let her

6

—

finish

Sure.

PRIEBE:

8

MR,

ROCHEFORD:

question

THE WITNESS:

11

MR.

Yes,

please.
and what

ROCHEFORD:

THE WITNESS:

(The

14

that

BY MR.

please.

Yes,

read back. )

requested portion was

PRIEBE:

was your

16

Q

So that

17

A

Yes .

18

Q

Notwithstanding

is

20

and on December

21

staff?
A

I

4,

don't

2015,

full

answer,

for

policies

assistant

it your understanding as

19

23

to

part of your answer was so you can complete it?

13

22

Do you want her

--

10

15

second.

Okay?

her answer.

MR.

read back the

—

right

Hold on a

ROCHEFORD:

' 7

12

the

for

record

4

9

Just

ROCHEFORD:

MR.

2

-

that would not be

generally,

correct?

the handbook,

superintendent

students were allowed to push

understand your question,

"were

allowed. "

Are there

24

Q

25

Particularly on

repercussions

December

KIRBY

2015,

4,

KENNEDY

&

for

would there

ASSOCIATES

(952) 922-1955

students?
have

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F

N

0

I

D

N

E

T

I

A L

1

been a repercussion for a student who pushed or shoved

2

a

staff?

' 3

There are options

A

for physical aggression and other

4

Responsibilities

5

types of behavior.

6
7

cover what

the

MR.

10

I

object

guess,

vague and

I don't

to

know what

^3

She's talking options

14

MR.

15.

THE WITNESS:

16

MR.

ROCHEFORD:

18

THE

WITNESS:

19

MR.

PRIEBE:

THE

WITNESS:

24

25

your

you're

asking.

—
PRIEBE:

Does
I

the witness

don't

know?

understand.

— you're talking

policy --

I'm

Do you

explain

--

understand what

MR.

to

me

what

No.

asking?
BY

Can you

asking?

21

23

form of

the

question;

22

form

said there are

She

12

20

the

to

options .

11

17

Object

ROCHEFORD:

What policy?

of question.

fully

in your mind,

a policy,

consequences would be?

8

9

such

Would

Q

in the Rights and

PRIEBE:

Q

You're

Responsibilities,

KIRBY

referring to the Rights
correct?

KENNEDY & ASSOCIATES
{952) 922-1955

and

you're

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1

A

Yes .

2

Q

Okay.

F

N

0

C

I

D

N

E

I

T

A L

And I believe that was in response

3

to my question regarding what consequences there would

4

be

student

if a

correct?

shoved or pushed a teacher,

5

A

Yes .

6

Q

Is it your testimony that the policy that

discussing

you're

the handbook that

or

7

you're

8

discussing would fully cover those options

/ 9

to when

a student pushed or shoved a teacher?

form of the

11

the

12

to say,

13

"options,"

which is

18

She's

"policy."

you

what

told you there

want

are

ahead.

There are options

THE WITNESS:
listed.
BY

MR.

PRIEBE:

Q

Does

it

options

cover all

MS.

SILVA:

20

MR,

PRIEBE:

I'm

possible?

sorry

Excuse me,

Ms.

Silva,

You're not testifying.
know

I

SILVA:

22

MS.

23

THE WITNESS:

24

go

can answer,

19

21

conflates

It

to

so I object to the form of the question.

15

17

question.

If you

14

I would object

ROCHEFORD;

MR.

10

16

in relation

I

don't

understand the

question.
MR.

25

KIRBY

PRIEBE:

KENNEDY

&

I

understand

ASSOCIATES

(952) 922-1955

your

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1

frustration .
MS.

3

THE WITNESS:

4

MR.

ROCHEFORD:

' 5

THE

WITNESS:

6

MR.

PRIEBE:

7

the

record

What

-

"possible"

Let's just —
-

-

"possible"

off

go

can we

Actually,

second?

for a

8

(A discussion was

9

(At

time a

this

from 11:34

10

—

I'm

why

that's

--

SILVA:

2

short break was
11:44

to

So

ROCHEFORD:

MR.

11

a.m.

record. )

the

held off

taken

a.m.)
was

there

a

Paul Public

that St.

12

mention earlier in the questions

13

Schools

14

equity policy up

15

and that's of —' I'm assuming when Counsel made that

16

reference,

17

experience,

racial

doesn't have its
We just

right now.

checked;

it's up,

just based on his personal

it was

whatever difficulties

he had

getting

that.

But it's up and on the website and has

18

been,

20

an oversight

in the

it

was

just

questioning.

MR.

21
BY MR.

I'm sure

in three different places.

19

22

625,

ISD website,

Back on the

PRIEBE:

record.

PRIEBE:

Ms.

23

Q

24

looking at page

25

516,

and towards

Battle,

515

if

you

--

are

you

— if you could turn the page to

the bottom,

KIRBY

could

KENNEDY

&

it

starts with

ASSOCIATES

(952) 922-1955

saying,

 m

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' 1

"Why are

staff,"

students able to push and shove

"District support," question marks;

2

question marks;

3

"Lack of consistency — not everyone should be afraid

4

to walk the halls;

5

Do you

see

I

do.

6

A

Yes,

7

Q

Was

8

raised

10

issue or

concern

a

that was

2015?

4,

December

to

specific,

Not this

Wo.

read that?

I

with this

specificity.

n
12

where

an

that

to you prior
A

9

they are."

yet,

Q

How about generally?

A

So

Was this

raised to

you?

13

are

students

not

allowed

That's not an expectation.

14

shove.

15

allowed to

the

— not

Q

But did

17

A

No .

18

Q

—

19

students

20

A

No.

21

Q

Did anyone

22

December

23

to

4,

anyone

walk the

They're not
no.

these particular issues,

come

ever

and

to push

come

to

to

shove

ask why

you and

staff?

you prior

to

and tell you that people were

2015,

and

--

16

are able

to push

afraid

halls?

24

A

No.

25

Q

What

is

KIRBY

your

understanding of

& ASSOCIATES
(952) 922-1955

KENNEDY

the

security

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1

that's

Well

A

2

MR.

3
4

Central High School?

at

in place

before December

MR.

5

6
' 7

BY

MR.

8
9

4,

December

We

Yeah.

PRIEBE:

can

go before

apologize.

know what

Do you

in place at

security was

time?

that

know

at

was

there

least

one

10

A

I

11

Q

Would that be

12

A

— one

13

Q

On

14

A

And then other personnel help with

15

security guard.

December

4,

2015?

security.
know who helped with security?

16

Q

Do you

17

A

So there

18

monitor hallways.

19

helping

are other personnel

that

teachers

all

Of course,

help

are part of

—
Monitor

hallways?

20

Q

21

A

administrators.

22

Q

What are teachers'

23

they monitor hallways?

24

when

25

is

PRIEBE:

Q
that

I

2015.

again,

or now?

2015,

4,

This,

ROCHEFORD:

they monitor
A

Like,

KIRBY

Yes.

responsibilities

What are

they

supposed to do

hallways?

generally,

KENNEDY

&

I

can

say?

ASSOCIATES

(952) 922-1955

if

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1

Q

Yes .

2

A

Greet

" 3
4

5

students

monitor

is supposed to

Do you know what a teacher

Q

as

class.

to

do if he or she sees a fight break out?

6

A

Each

school has

7

Q

Does

Central

yes .

8

safety procedures.

High

School

have

safety

procedures?

9

A

Like

10

Q

Do you

A

Without having

it

But generally,

there's a notification

11

know what

;3

speculate.

14

process

to the
To

16

A

or

17

Q

school

18

A

event

19

the

20

drills,

21

—
of

office or

their

an emergency,

Is

I

can

office?

security procedures

whether

so they're specified,
Q

in front of me,

the

Q

it's

school-property specific?

23

has

a

or

fire

evacuation.

it your testimony that

22

25

safety procedures

office

15

24

those

are?

12

B

from class

going

they're

students,

those are

Like Central

High School

a different policy?
A

Based

a

on

they can be specific,
K1RBY

facility's

outlay,

so,

yes,

because each of our buildings

KENNEDY

&

ASSOCIATES

(952) 922-1955

in

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Ill

C

1

A

I

T

L

to the best of your knowledge,

So would,

Q

2

N

out differently.

laid

are

E

D

I

F

N

0

3

Central High School have a different policy or

4

procedure relating to what a teacher should do 'in

5

response

6

A

7

- 9

Because

Yes .

procedure

located?

be

would

12

you mean by building?

13

not?

14

BY MR.

PRIEBE:

Q

is

this

I'm assuming

17

A

Yes .

18

Q

So

It's

if

it

is

usually in writing.

A

the office,

21

in

22

electronically,

23

varies .

24

Q
7,

if

It

If

the

where

usually in writing,

would that written document be

20

a policy or procedure

in writing?

that would be

page

do

Or what are you talking about?

15

25

form

in writing or

it's

Or whether

the

to

"Located, "

sure.

not

I'm

Well,

of the question.

Object

ROCHEFORD:

MR.

11

19

different

Do you know where such a policy or

Q

10

16

is

the personnel

site.

at each

8

fight breaking out?

to a

Some

varies.

teacher's

located?
of

them

classroom,

some people prefer

have

them

of

it's

some

it printed,

you could refer back to Exhibit

specifically referring

KIRBY

KENNEDY

&

to

Interrogatory

ASSOCIATES

(952) 922-1955

so it

35,

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1

Number

10.

In the answer — and just to

2

kind of

3

streamline the testimony here — in the answer,

4

goes through saying,

' 5

"SPPS uses a variety of programs

and systems to promote school safety,

6

not limited to,

7

control,

8

Communication Center,

9

two-way radio technology."

10

alarm systems,

see where
do.

A

Yes,

12

Q

Is

I

December 4,

14

Central High School?

2015,

There was

Yes .

systems .

17

Q

But

that was

18

A

And

some

19

Q

20

A

Yes.

21

Q

But

"including,

23

place?

systems,

and

I read that?

those systems were in place at

16

22

access

it your understanding that on

13

A

but

Emergency

security camera

Do you

11

15

including,

visitor check-in policy,

security

it

some

a variety

just

A

Yes .

25

Q

I

of
of

Some

them?

of

them.

you would

agree

believe your

KIRBY

and

--

but not limited to"

24

of programs

KENNEDY

that the

answer

those programs were

other testimony was that

&

ASSOCIATES

(952) 922-1955

in

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SRO,

also an

1

there was

2

present on December
A

3
4

Q

2015;

that

is

have

know who the director of Security

Do you

and Emergency Management

is?

do.

I

Yes,

8

Q

Who

9

A

Laura

10

Q

Have you discussed the

that?

is

Olson,

O-L-S-O-N.

December 4,

2015,

Laura Olson?

incident with

12

A

Yes .

13

Q

Were

14

A

Not

15

Q

So

what did you discuss?

16

A

So

Laura

no.

no,

was

she

Q

How did

19

A

She 'called

20

Q

Was

21

A

Yes .

22

Q

had occurred at

Central.

you?

me .

4th

of

December

ROCHEFORD:

Let

him finish.

Okay?

25

KIRBY

who

2015?

MR.

23

actual person

notify

on the

that

of

the

incident

an

notified me that

present?

attorneys

your

18

24

I ' d

if he was on-site.

from that day,

A

17

correct?

an SRO assigned.

7

'11

L

resource officer,

school

or a

know there's

I

to review documents

5
6

4,

A

I

CONFIDENT

KENNEDY

&

ASSOCIATES

(952) 922-1955

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1

BY MR.

in any great

conversation

Yes .

A

4

remember the

Do you

Q

2
3

PRIEBE:

substance

been an

altercation happened in the

6

some staff members have been hurt."
Anything

8

A

(Witness

9

Q

Is

10

A

Other

11

the

school?"

that

head. )

shakes
a

no?

"Are

just,

you able

to

come

up to

General questions.

Q

Did you go to the

13

A

Yes .

14

Q

On December 4,

High

and possibly

else?

12

15

incident where an

cafeteria,

5

Q

that

detail?

"There's

7

of

school?

2015,

you went to Central

School?

16

A

Yes .

17

Q

What did you do

18

A

Went

19

Q

And were you able to touch base with Mary

20

Mackbee?

21

A

Yes .

22

Q

Okay.

23

Mackbee?

24

A

25

from me

to

Yes .

see

when you

Mary Mackbee.

Did you discuss

What

got there?

—

anything

generally,

what did

—

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

with Mary

she

need

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Did

0 N

she

F

Q

2

A

that

3

Q

Excuse me.
Did

D

tell

1

4

I

E N

T

I

A L

you?

was

Anything else?

she tell

5

A

Yes ,

6

Q

What

did she

7

A

That

she

you what

say she

she

needed

probably may need

8

support

for any teachers,

9

have to

look and see what was needed,

10

assistant principals were

11

investigation;

12

at

the

13
14

•

that

Q

Was

anything

A

She

said

we're still gathering

Q

some

additional

she would

support,

because

the

some more

support

but

What

else

discussed?

she wasn't

she

knew

about

was

still

It

there.

information.

did she

tell

you

that

she

knew about

situation?

19

A

That

there

20

altercation between

21

hurt

had been

students

some

and a

type

staff

of

member was

staff members.

Q

Were

24

A

At

25

Q

You

22
23

need

from you?

that

involved in

shared what

16

the

subs;

from you?

school.

what happened,

18

their

she might

15

17

needed

the

staff members

Mark Krois

Ekblad?

that
said

time,
"at

yes.
that

KIRBY KENNEDY

&

time,"

ASSOCIATES

(952) 922-1955

and

John

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anything

Has

1

changed?

2

A

No.

3

Q

Including the handbook that you testified

staff otherwise trained as to how to

are

4

to earlier,

5

deal with violence on school property?

6

A

Can you

7

Q

Sure .

9
10

know we

I

8

policies

repeat the question?

supposed to do.

remember that?

Do you
A

Yes .

13

Q

Are staff

specifically trained on how to

deal with violence?
Some

staff are.

15

A

Yes.

16

Q

On December 4,

Mr.

Ekblad was

do you "know if

2015,

trained?

18

A

No,

I'm

not

aware.

J. 9

Q

How are

you

aware that

20

trained?

21

A

22

the

and procedures relating to teachers

12

17

the handbook or

intervening in fights or what they're

11

14

went through

My principals

some

tell me,

will

staff

are

and other

district personnel.

23

Q

24

Mackbee

25

to

deal

Prior

to

December

4

of

2015,

did Mary

tell you that her teachers were trained
with violence?

KIRBY

KENNEDY

&

ASSOCIATES

(952)922-1955

in how

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117

I

CONFIDENT

A L

1

A

Yes .

2

Q

Can you give me any specifics?

3

A

So part of the training is — one training

that we offer is mindfulness,

5

professional development related

6

there's

7

intervention,

8

participated in.

9

Q

10

some district training,
that

she

So would that

have been the

that,

to

and then

nonviolence

some

shared

some

so there's

and

4

of her

professional

crisis

staff had

development

Pacific Education Group?

11

A

No.

12

Q

Do you know who conducted that training?

13

A

Which training?

14

Q

The professional

15

development

you

referenced?
A

16

at

Sometime

Mindfulness,

18

training for nonviolent

19

people

—

crisis

sign up

individually

Counselors

her site,

and then there's

17

for

for

district provides

intervention,

the

and

that.

through the district office?

20

Q

That's

21

A

Through the district office,

22

Q

Is

23

that

there

a mandate

that

yes.

teachers

or

attends either of those programs or trainings?

24

A

For

certain

25

Q

For

teachers

staff,

yes.

in particular?

KIRBY KENNEDY & ASSOCIATES
(952) 922-1955

staff

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2

for some teachers,

yes,

For

A

1

it is

mandated.

some teachers and not others?

3

Q

Why is it

4

A

I'm not

5

Q

You don't know what

sure why.
or

the policies

6

procedures are related to who employed by the school

7

district has to

8

A

9
10

12

—

I'm only aware of

I'm aware

of,

for

education

special
is

staff

the only

of procedures.

special

You're aware that

Q

11

trainings?

Designated special education

staff.

one

attend those

mandated to attend such training,

education

right?

13

A

Designated special education staff.

14

Q

Okay.

15

A

Yes .

16

Q

Are

17

district

18

in

as

you aware

staff is

is

to whether

specifically told not

school
intervene

to

fights?
I'm not

19

A

No,

20

Q

Are you

have

aware.

aware of whether school

been told at

any time not to

report

21

staff

22

assaults

23

A

No,

24

Q

Are you aware that there were

25

concerns

to

or violence

I 'm not

voiced prior

KIRBY

to

law

local

district

enforcement?

aware.

December

KENNEDY

&

4,

2015,

ASSOCIATES

(952) 922-1955

some
that

 m

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1

certain staff members voiced their concern that they

2

were told not to raise reports with local

3

enforcement?

5

read it

I

A

4

through newspaper

it

and heard

law

reports .

6

Q

Did you investigate those claims?

7

A

No.

8

Q

Does the school district inform staff

9

10

It's

not

no .

whether or not a student of theirs had had a history
of violent behavior?

11

A

Can you

12

Q

Sure .

So

13

the question?

repeat

classroom of say --

a

teacher has

if a

— 30 people and one

just make up a number of

14

let's

15

those students had a history of violence,

16

school district advise that teacher of the student's

17

19

There's

A

a procedure

about violent behavior

20

Q

21

located?

22

A

23

if

would the

of violence?

history

18

of

Is

it

that

procedure

is

a written procedure?

I'm not

posted

it's

staff

students.

of

know where

Do you

informing

for

on

sure

posted.

our website.

policy

24

Q

The

25

A

There's

KIRBY

it's

if

and

—

a

KENNEDY

&

ASSOCIATES

(952) 922-1955

I'm

not

sure

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1

Q

— procedure website?

2

A

Yes .

3

Q

Are

you aware that

4

district's property have

5

years?

7

and

12

THE WITNESS:

MR.

14

prior testimony,

15

into safety concerns,
A

16

go ahead

I'm not aware

the

of

front of me.

in

Q

right?

It's

data.

I

It's

regular looking

Did that data
assaults

violent

you said you did some investigation

looked at

I

"research."

18
19

form

Kind of tying back to some of your first

Q

it

the

PRIEBE:

13

17

knowledge,

report

trend data without having a
BY

to

answer.

10
11

Object

If you have personal

8

9

four

in the last

question.

the

of

doubled

school

on the

assaults

ROCHEFORD:

MR,

6

there.

could be

It

wouldn't

at data.

represent an increase

on school

term

in

district property?

20

A

I'd have to go back and review.

21

Q

What would you

A

The school district public informational

Q

That's

22

25

go back and check

that?

.23

24

review to

data.

KIRBY

available?

publicly

KENNEDY

&

ASSOCIATES

(952) 922-1955

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A

2

on our website.

3

Q

looked

I've

it

up

is it your

As assistant superintendent,

4

position that the plaintiff should not have intervened

5

in the

fight on December

7

I

9

because

not

I was

there.

in your

a reason,

Would there ever be

Q
mind,

2015?

speculate.

can't

8

4,

speculate

can't

I

A

6

I

know.

I

as

far

as

Yes,

1

in a fight?

for a teacher to intervene
yes.

10

A

Uh,

11

Q

What

12

A

Well,

13

of the students

14

judgment,

15

particular

do

you mean?

it's

within the teacher's

involved,

may be a

—

safety

factor in their

so it's their — a judgment in that
—
Is

a

it

job duty

16

Q

17

A

incident .

18

Q

of

MR.

20

answer before he

21

about

to

a teacher

19

--

intervene

Did you finish your

ROCHEFORD:

interrupted you?

You were talking

j udgment .

THE WITNESS:

22

it's

—

Right.

if they believe the safety of

23

If

24

they make a judgment to intervene.

25

KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

It

depends.

a student

—

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C

1

BY MR.

0 N

F

E

D

I

T

N

A

I

L

PRIEBE:

2

Q

Anything else?

3

A

No.

4

Q

Are teachers mandated to intervene in

6

A

I'm not aware of

7

than a possible

8

and

9

effort,

that

10

with --

that's

11

reference

12

statute

5

fights?

reference

such a mandate,

they do have a right,
the only mandate
I'm not

and

it,

to

about

in front of me,

I don't have it

—

law

in state

other
law,

state

reasonable

so I'm not familiar

I

know that may make

I

can't

recall

the

right now.

as

Are you aware,

13

Q

"14

superintendent,

15

obligation to

assistant

that any teacher has a job duty or an

can

fights?

in

intervene

you

repeat

question?

the

16

A

To

17

Q

Yes .

18

A

I ' m having

19

Q

As assistant superintendent

a very clear

20

wasn't

21

reask —

22

any job duty

23

to

intervene

Other

24

A

25

reasonableness,

I

KIRBY

I'll

superintendent,

obligation

in a

so

question,

as assistant
or

—

saying

— maybe

just

try to

are you

that

a

aware

teacher has

fight?
statute

than that
can't

KENNEDY

I'm

&

not

about
aware

ASSOCIATES

(952) 922-1955

it

of

any

of

 Pi

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I

CONFIDENT

1

3

Q

5

A

cafeteria

Q

6
7

judgment.
A

8
9

Do you know

teachers have the

4

poses

I

think you

Why

did you

11

A

So

12

Q

-- what

13

A

It's both.

14

safety of those

from

We'll

PRIEBE:

take

about

Dr.

this

short break was

a

time

Back on

PRIEBE:

Battle,

I

have

no

the

25

MR.

further

questions

time.

ROCHEFORD:

Q

Dr.

Battle,

whether

KIRBY KENNEDY

&

taken

record.

EXAMINATION

23
BY

five

12:09 p.m.)

to

12:06 p.m.

22

24

be?

Whether your safety or the

this

MR.

you at

judgment would it

kind of

Okay?

(At

for

and

different

Professional

MR.

19

21

that?

reference

involved.

15

20

or

safety risk.

Personal?

18

for

obligation

referred to discretion

Because every situation is

Q

17

fight?

supervisors .

a different

minutes .

a cafeteria monitor

if as

I'm not aware of that

No.

fight.

obligation to intervene in a

10

16

L

that they have to intervene in a

mandate

2

A

it's

hallway

ASSOCIATES

(952)922-1955

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supervision,

2

school

3

athletic events,

4

district

5

fight?
Yes ,

7

Q

That's

8

A

Yes .

9

Q

Whether

11

deal?

Yes,

A

I

question.

I

apologize;

don't
the

of

As

I

form of

stated earlier

are a part of

teachers

former response,

the

to

cut you off.

THE WITNESS:

a

I

that's part

not,

Object

PRIEBE:

MR.

15
16

expressly stated in,

it's

that's

13
14

job duties?

of their

part

some written contract or

12

of the

have to deal with students who

sometimes

A

know,

or employees

do teachers

6

10

cafeteria supervision,

school,

or leaving

kids coming to

bus-loading,

teaching,

1

the

in

safety.

v

17
18
19

That
BY

MR.

the

is

That

expectation.

is

job.

ROCHEFORD:

Q

But

in this

interject

21

and does

22

A

Yes .

23

Q

It's

24

A

Yes .

case,

fight,

into this

20

is

Mr.

that

Ekblad's

decision

something that

to

up

discretion?

discretion,

to his

Up
MR,

KIRBY

his

ROCHEFORD:

KENNEDY

&

Anything

ASSOCIATES

(952) 922-1955

judgment
else?

to

can

happen sometimes?

25

'v

part of their

—

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to

1

THE WITNESS:

2

MR.

PRIEBE:

3

MR.

ROCHEFORD:

4
5
6

intervene.

Nothing.

She will read and

sign .

(At this time the proceedings were
concluded at

12:11

p.m.)

7
•k

8

k

k

9

10
11
12
13
14

15
3

16
17

18
19

20
21
22

23
24

25

KIRBY

& ASSOCIATES
(952) 922-1955

KENNEDY

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, 2
3
4

5
6

forward this original Reading and

(UPON COMPLETION,

1

Signing Certificate to Thomas
has the Sealed Original.)

H.

Priebe,

who already

!
DR.

THERESA BATTLE

I, Dr. Theresa Battle, do hereby certify'that •
I have read the foregoing transcript of my Deposition
(or,
and believe the same to be true and correct,
except as follows, noting the page and the line number
of the change or addition desired and the reason why) :

7
8

Page

Line

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KIRBY

KENNEDY

&

ASSOCIATES

(952) 922-1955

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CONFIDENTIAL

STATE

OF MINNESOTA)

COUNTY OF ANOKA

Be it known that I took the Deposition of
DR. THERESA BATTLE, on the 5h day of December, 2016,
at 8519 Eagle Point Boulevard, Lake Elmo, Minnesota;
That I was then and there a Notary Public in
and for the County of Anoka, State of Minnesota, and
that by virtue thereof, I was duly authorized to
administer an oath;
That the witness before testifying was by me
first duly sworn to testify the whole truth and
nothing but the truth relative to said cause;
That the proceedings were recorded in
stenotype by myself and transcribed into writing by
computer-aided transcription, and that the transcript
is a true record of the testimony given to the best of
my

ability;

That the cost of the original transcript has
been charged to the party noticing the deposition,
unless otherwise agreed upon by Counsel, and that
copies have been made available to all parties at the
same cost, unless otherwise agreed upon by Counsel;
That I am not related to any of the parties
hereto nor interested in the outcome of the action;
Dated

and

signed the

12th

day

of

December,

2016.

KIRBY

KENNEDY

&

Brede

Kelly

L.

Court

Reporter

ASSOCIATES

(952) 922-1955

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CASE 0;16-cv-00834-DSD-SER

Document 34

Filed 11/30/16

Page 1 of 1

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

John Ekblad,
Case No.: 0:i6-cv-00834-DSD-SER
Plaintiff,
vs.

Independent School District No. 625,

Valeria Silva, individually and in her
Official Capacity, and Theresa Battle,
individually and in her Official Capacity.

Defendant.
ORDER

Pursuant to the stipulation of the parties in the Stipulation to Release Educational

Data on F.S.O. Pursuant to Minn. Stat § 13.32 and the federal Family Educational Rights
and Privacy Act (FERPA) 20 U.S.C. § 1232g; 34 CFR Part 99 (Doc. No. #33),
IT IS HEREBY ORDERED

The Defendants shall mark as Confidential Materials and produce private

educational data of F.S.O. possessed by the Defendants within ten business days after the
filing of this Order, unless otherwise ordered by the Court. Confidential Materials on
F.S.O. produced in this action shall be treated as "Confidential Material," pursuant to this
Court's May 3, 2016 Protective Order. Doc. No. #17).
Dated: November 30, 20 1 6

s/ Steven E. Ran
Steven E. Ran
U.S. Magistrate Judge

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