DAYT N BOARD OF EDUCATION 115 S. Ludlow Street - Room 470 Dayton OH 45402-1812 Tel. 937.542.3080 • Fax 937.542.3152 November 29, 2017 Via certified mail, regular mail, and electronic mail Rhonda A. Corr 15 Floral Ave. Dayton OH 45405 Pre-Disciplinary Hearing Notice Dear Ms. Corr: Please be advised that the Board is considering disciplinary action against you in accordance with Ohio Revised Code 53319.16. Such action may include termination of your Superintendent's contract for good and just cause and your suspension without pay pending the completion of termination proceedings. The reasons for such consideration are set forth in the allegations contained in this pre-disciplinary hearing notice. As Superintendent, you are a representative of the Board of Education and leader of the administrative staff of Dayton Public Schools. You are responsible for administering, supervising, directing, and evaluating the total school system as noted in Board Policy CBA. In that position, your professionalism and integrity is vital to the performance of your duties. As a licensed educator in the State of Ohio, the Licensure Code of Professional Conduct for Ohio Educators obligates you to behave as a professional because your actions reflect directly on the status and substance of the education profession and Dayton Public Schools. The Licensure Code also obligates you to accurately report information required by the Board of Education and state and federal Jaw. All provisions of the Licensure Code apply to your conduct as an educator. You have engaged in the following behavior in violation of Board policy and/or Ohio's Licensure Code of Professional Conduct: On August 9, 2017, without prior notice, you arrived late to negotiations with the DEA and FMCS Mediator Gray, stating that you were ill. Your appearance was unkempt. Rather than excusing yourself from the meeting, you behaved unprofessionally by sleeping during caucuses in front of the mediator and your fellow bargaining team members. You are absent from scheduled meetings and events. As examples: You did not attend the Districtts Math Olympics. Mission Statement The mission of Dayton Public Schools is to equip our students to achieve success in a global society by implementing an effective and rigorous curriculum with fidelity. You failed to appear at convocation on August 10, 2017 even though you had instructed other Dayton Public Schools administrators (Drs. Lolli and Burton) that they should not attend because you would be there. This occurred immediately following the settlement of protracted labor negotiations that nearly ended in a strike, a time when you should have appeared to represent the Board and its administration in a positive light. You regularly cancel scheduled meetings with District administrators, including cabinet. You have also sent waiting employees away from meetings they have scheduled with District administrators, specifically Dr. Winston. Administrators report a hostile working environment created by your behaviors. District employees have expressed their reluctance to continue working with you as you undermine, disparage, and bully them. As examples: You berated Chief of Schools Wyetta Hayden during a principal telephone meeting on August 11, 2017, causing her and other employees distress. You interrupted the meeting by entering the room during the call saying it was "disrespectful" and demanding to know "who put on this call?" You also asked, "Did Libby set up that meeting? She thinks she is the superintendent." Wyetta Hayden informed you that she had scheduled the call, which had been discussed in your presence the day before. You regularly curse and swear during discussions with District employees. You fail to respond to communications sent to you and then accuse others of not keeping you informed. You fail to keep administrators informed of District events and Board positions on issues. You do not accurately or truthfully communicate with District administrators or the Board. As an example: In September 2016, Executive Director of Human Resources Judy Spurlock stated that the District could not offer pick-up on pick-up or pay moving expenses to Drs. Lolli and Winston. You stated that you would speak with the Board about it and then instructed Ms. Spurlock that the Board had approved the payments to Drs. Lolli and Winston in executive session and demanded that the payments be added immediately. Ms. Spurlock then added those items to their compensation packages but found out later that the Board had not approved payment of pick-up on pickup or the payment of moving expenses for them. The contract modification prompted an internal audit warning. In a later meeting with the Board, you stated that you had told Ms. Spurlock that she did not have authority to offer those payments. The Board was required to correct the issue by approving the payments retroactively. You refuse to accept responsibility for your actions. As examples: Mission Statement The mission of Dayton Public Schools is to equip our students to achieve success in a global society by implementing an effective and rigorous curriculum with fidelity. In March 2017, an issue arose concerning staffing levels. Dr. Lolli requested a meeting with principals to determine staffing numbers and spoke with Executive Director of Human Resources Judy Spurlock about it, indicating that Dr. Winston and Chief Hayden should be on the meeting team. Judy Spurlock sent an email regarding who should attend the meeting and included Dr. Winston and Wyetta Hayden. You responded that neither Dr. Winston nor Ms. Hayden should be on the team, so Ms. Spurlock excluded them from the list. However, when you were later questioned about why Ms. Hayden was not on the list, you denied excluding her from the list. In July 2017, you pressured Judy Spurlock to post two positions as directors when personnel requisitions had not been completed. Board policy requires the requisitions. You did not create the job descriptions for the positions that you told Ms. Spurlock you would, which prevented the earlier issuance of personnel requisitions but blamed Ms. Spurlock regardless. You list inaccurate information on Board documents. On July 1, 2016, you marked on your W-4 form that you are single and then signed the form under penalty of perjury. Court documents reveal that you filed for divorce from your spouse on October 3, 2017, whom you had married on July 7, 2007. The Board had no prior information concerning your marriage. You have used your position as Superintendent to promote your self-interest. Shortly after your employment with the Board began in July 2016, you lobbied Human Resources to make life insurance available to employees' spouses and domestic partners as a rider to the Board's Hartford insurance contract. The requested benefits were provided. You then purchased life insurance for a "domestic partner" who was already ill and passed away on October 15, 2016. You claimed and received death benefits for a domestic partner even though you were legally married to another person and had not obtained a legal separation. You have failed to provide accurate information to the District concerning your absences from the District and have not complied with the requirement that you obtain approval from the Treasurer for your absences. Your employment contract provides you with: 25 annual vacation days; you may request payment for accrued and unused vacation days to a maximum of 15 vacation days each year. 5 annual personal days, which are lost if not taken. Sick leave at the same rate as other District administrators, which accrues from year to year if unused. Your leave usage is tracked by the District, and you are required to request approval for leave usage from the District Treasurer. You have not complied with this requirement. Mission Statement The mission of Dayton Public Schools is to equip our students to achieve success in a global society by implementing an effective and rigorous curriculum with fidelity. District records show the following: You requested and used five personal days during your first year of employment, on May 30, 31, June 14, 15 and 16, 2017. You requested and used persona! leave on November 20 and 21 , 2017 this school year. In November, 2017, you requested and received payment for 15 days of unused vacation from the prior contract year. You have not requested or used any vacation days or sick leave during your employment as Superintendent. However, you were absent from work, at a minimum, on each of the following days: November 21, 22, and 23, 2016; December 27, 28 and 29, 2016; and March 27, 28, 29, 2017. You requested no leave in connection with those days. Your actions violate Board Policies CBA, GBC, GBCB and its regulation, GBCB-R-2, and constitute conduct unbecoming an educator under the Licensure Code for Professional Conduct. Your actions also violate the trust and confidence the Board of Education has placed in you as Superintendent. They further demonstrate your inability to lead the District and reflect poorly on the District as a whole. The Board' s designated hearing officer, Attorney D. Jeffrey Ireland, will meet with you on December 13, 2017 at 9:00 a.m. to give you an opportunity to respond to the statements in this letter, to tell your side of the storyt and to explain why you should not be disciplined, why your contract should not be considered for termination, and/or why you should not be suspended without pay pending completion of termination proceedings. This meeting will be held at 110 North Main Street, Suite 1600, Dayton, OH 45402. Board counsel will be present at the meeting, and you may also have legal representation. Sincerely, Dr. Robert Walker, President Dayton Public Schools Board of Education c: Members, Dayton Public Schools Board of Education Brad Anderson, Rion, Rion, & Rion David Duwel, Duwel Law Mission Statement The mission of Dayton Public Schools is to equip our students to achieve success in a global society by implementing an effective and rigorous curriculum with fidelity.