STATE OF VERMONT
AGENCY OF EDUCATION

In Re: 

AFFIDAVIT

NOW COMES Investigator Robert B. Stafford, Jr., af?ant, deposes on oath and
states he has reasonable cause to believe Licensee Mario Macias engaged in
unprofessional conduct as follows:

1.

Because of the articles in the Burlington Free Press on August 9 and 11,
2017 and Vermont Digger on August 11, 2017 concerning allegations of
unprofessional conduct against Burlington High School (BHS) Guidance
Director Mario Macias made by former BHS Guidance Counselors Yvette
Amblo and Larissa Urban, the Vermont Agency of Education opened an
investigation into Macias? conduct.

On September 1, 2017, this writer interviewed former BHS Guidance
Counselor Yvette Amblo, who had worked at BHS for 20 years. She said at
the ?rst retreat in 2016 with the BHS Guidance Department, Macias
shamed the staff by telling them he had heard from other people that they
were a bad department, they could not work with students and they never
got to know their students. Amblo said in early September of 2016 during
one of the Guidance Department weekly meetings held in Macias? of?ce
when she questioned him about department changes, he stood up behind his
desk, leaned over it pointing his ?nger at her and said in an angry voice,
?You are the problem.? She said she felt he was trying to intimidate her,
because his ?nger was about two feet from her face when he said this to her
in front of the other Guidance staff. Former BHS Guidance Counselors
Larissa Urban and Adrien Preston and current BHS Guidance Counselor
Karen Prouty told this writer they were present when Macias did this to
Amblo.

Amblo said in September 2016 the counselors met with BHS Principal
Racicot about Macias? behavior and lack of leadership. She said they told

1

Racicot about an incident during a Guidance meeting when Macias
demeaned and ridiculed Preston in front of not only the Guidance staff, but
also a University of Vermont (UVM) practicum student. Amblo said Macias
accused her about her going behind his back to Racicot. Amblo felt he was
trying to intimidate her. Amblo said the other counselors and she went to
Racicot on many occasions about Macias?s unprofessional behavior, but
were told by Racicot that they needed to help him to become successful and
give him more time.

Amblo said Racicot ?nally suggested that the Guidance staff have a
facilitated conversation (restorative) with Macias, which they did on
February 1, 2018. Amblo advised that during the session with Macias, he
appeared to have been coached on what to say the student said the staff
were not allowed to voice their concerns. Because they never received any
feedback from the session, in April of 2017 they sent Racicot a letter in
which they asked for feedback. According to Amblo, Racicot never
responded to their letter.

Amblo told this writer that former BHS Student 1 never received Individual
Educational Plan (IEP) services for 18 months and probably should not
have graduated in June 2017, because they had not earned enough credits to
graduate and did not have a completed transcript prior to graduating. She
said Macias was this student?s guidance counselor.

Amblo said she decided to resign, because she could not be associated with
a school where integrity was lacking. Plus, her trust factor was low with the
Superintendent and School Board.

Former BHS Guidance Counselor Larissa Urban described Macias?s
behavior as being unprofessional, especially towards Amblo. She described
working conditions under Macias as a culture of fear. She said she was
afraid to apprbach Macias because of what he might say. She said BHS
Principal Racicot told her that Macias was immature and did not intend to
be mean. She said she found it hard going to work because of the hopeless
working conditions in the Guidance Department, so she decided to look
elsewhere for work after working for the Burlington School District (BSD)
for 14 years.

8. Former BHS Guidance Registrar Colleen McSweeney advised this writer
that before she resigned in 2017, she had' been the registrar for the past nine
years. She said she felt the staff? concerns were never heard during the
intervention with Macias. She described Macias as being disrespectful and
untruthful. She said she was surprised Student 1 had graduated, because she
did not feel the student had earned enough credits to graduate. She said
Macias told her because they did not know that Student 1 was supposed to
be on a 504 Plan or IEP, then they could give them credit for classes the
student had failed. She said she left because she could not work with and for
Macias.

9. Retired BHS Horizon Director Kennedy advised this writer that when
she told Macias there was no way to provide Student 1 with enough credits
to graduate, he said Student 1 just needed to get the course credits that were
indicated and he (Macias) would handle the rest. Kennedy said Racicot told
her that she had gone to Superintendent Obeng to tell him that Macias was
not working out, and when Obeng asked her if Macias was trainable, she
(Racicot) told him no. Obeng told Racicot to give him one more year.

10. Former BHS Guidance Counselor Adrien Preston said she had been a
Guidance Counselor at BHS for six years and resigned because Racicot was
not supportive of the guidance staff before and after the intervention meeting
with Macias. She said nothing changed as a result of the intervention.

11. Preston described an incident that occurred in March 2017, when Macias
was condescending to her and shaming her in front of the guidance staff and
a UVM student, who became upset by what she had witnessed. Preston felt
Macias was sexist and treated the guidance counselors as little women and
not as professionals.

12. Emily Russen told this writer that from January to May 2017 she did her
UVM Counseling Practicum at the BHS Guidance Department and was
assigned to Macias. She said she attended the guidance meeting when
Macias became incensed with Preston concerning her involvement with a
student?s family. She felt Macias had scolded Preston, he had bombarded
her and he should have spoken with Preston outside of the meeting, because
it was not a staff issue. She said it was not appropriate for Macias to
admonish Preston in front of the other counselors. Russen said she was
shocked that Macias accused Preston of causing an issue for the school. She

3

13.

14.

15.

16.

said when Preston explained why she did what she did, Macias said she had
done the right thing, but then told Assistant Principal Perez after the
meeting that Preston was wrong in what she had done. Russen felt Macias
told people what he thought they wanted to hear.

Russen said she requested not to be placed in the BHS Guidance
Department as an intern, Because of Macias? unprofessionalism. She said
she could not trust what Macias would say or do after reviewing videos of
her interactions with students. She said she was scared that Macias would
turn on her. Because of Macias? unprofessionalism during Tuesday staff
meetings, she decided not to attend them.

Heidi Caldwell told this writer that from January to May of 2017 she did
her UVM Counseling Practicum at the BHS Guidance Department and was
assigned to Macias. She said she felt uncomfortable working with Macias
because of his unethical behavior. Caldwell said on one occasion Macias
received some very sensitive and personal information about a student that
she was counseling. She said she was surprised by Macias calling the
student into his of?ce and making the student talk about the information he
had received. Caldwell could tell that Macias? probing questions about the
trauma the student had experienced earlier in life was causing this student to
feel uncomfortable and shut down. Caldwell described Macias? intent
during this meeting with the student as though he wanted the student to
know that he knew about this very personal and traumatic period in the
student?s life. She said it was like a power trip for him. Caldwell said when
she attempted to debrief with Macias about how he handled the meeting
with the student, she soon realized Macias was not open to any feedback
from her. She said she became uncomfortable working with Macias and was
happy to leave BHS after having completed her practicum.

Dr. Lance Smith, Associate Professor in The Graduate Program in
Counseling at UVM, told this writer that because of Macias? unethical
behavior and approach towards BHS students and guidance counselors,
UVM decided not to place anymore students from their practicum and
intern programs with the BHS Guidance Department. He said that prior to
this decision, UVM had been placing students at BHS for the past 20 years.

On September 21, 2017, this writer went to BHS where I requested a copy
of Student 1?s ?nal transcript and IEP ?le from Principal Racicot, who

17.

18.

19.

could not locate the student?s ?le or ?nal transcript. She said she was aware
of the IEP issue and was appalled that the student had not received services.
She requested that I return after the conclusion of the guidance meeting that
was being held that morning. Upon returning to BHS, I was told by Racicot
that it would be a little while before they had the transcript ready.
ApproXimately 20 minutes later Racicot brought me into her of?ce where
she said the transcript would be ready soon. When I ?nally received a c0py
of Student l?s ?nal transcript, Macias told me that the transcript would not
re?ect the needed 24 credits to graduate, because they had waived senior
seminar and language, which were one credit each. While in Racicot?s
of?ce, I learned that Macias had in-putted the data that morning to complete
Student 1?s transcript, nearly three months after the student had graduated
from BHS.

After reviewing what was purported to be Student 1?s ?nal transcript, this
writer determined that the transcript Was inaccurate, manufactured and did
not provide enough credits for Student 1 to graduate from BHS.

When I asked Racicot how the transcript was put together on September 21,
she said because Macias had not entered any of the grades from Horizons at
the end ofthe previous school year in the manner he was supposed to have
done so, Macias entered them the day I was waiting for the ?nal transcript.
As I went through the transcript line by line with Racicot, she described his
work as being sloppy and careless. During the interview with Racicot, she
said Macias had been put on an improvement plan for the 2017/2018 School
Year and that she had put a letter in his ?le about his inappropriate
interaction with a female substitute teacher. This writer learned that the
substitute teacher was Mollie Bachner, who had also had been a student
teacher at BHS.

Mollie Bachner told this writer that during the Fall of 2016 she student
taught 'at BHS and then took a long term substitute teacher position for the
rest of the 2016/2017 School Year at BHS. She said during a BHS faculty
holiday party, Macias asked her for her cell phone number. She said after
arriving home that evening, she received a text from Macias, who asked if
she got home alright. She found his text to be weird and felt it was
inappropriate for him to have sent it to her. On January 18, 2017 Macias
texted Bachner, asking why she had not stopped by to see him. On January
19, 2017 Macias texted Bachner asking her to have lunch with him on

20.

Friday, January 20. Bachner gave him reasons why she could not have
lunch with him. On January 20, 2017 Macias texted Bachner asking about
lunch, but she declined the invitation. He asked Bachner if she was going to
chaperon the Winter Ball on January 21 and asked her about getting a drink
after the dance. Later on that Friday, Macias went to Bachner?s classroom
where she was teaching. There was no school related reason why Macias
needed to be in her classroom. On Monday, January 23, 2017, Macias sent
text messages to Bachner, who advised this writer that she tried to avoid
Macias and not have to speak with him. She felt he was trying to hit on her.
She said there was no reason for Macias to interact with her, but he
continued to do so with her. She said she was uncomfortable with the power
he had and did not want to jeopardize her job. She said his behavior was
inappropriate for someone in his position and who was married. She said
Macias ?creeped? her out.

BHS Guidance Counselor Karen Prouty told this writer that she was present

during the Guidance Department weekly meeting when Macias told Amblo

21.

22.

that she was the problem. Prouty said Macias was demeaning towards the

staff during these meetings and would wag his ?nger at everyone when he
was upset. She said Racicot told her that Macias was incompetent and she
tried to get Macias transferred to Hunt Middle School.

Former BHS Guidance Counselor Simrat Peltier worked at BHS for just the
2017/2018 School Year, because she felt frustrated throughout the year and
uncomfortable with Macias. She told this writer she was leaving BHS after
the school year to take a position in another school district. She said when
she was hired at BHS, Racicot told her that she (Racicot) wanted to know
about any issues she encountered in guidance. She said she spoke with
Racicot about Macias, but his behavior was never addressed. She felt the
administration was not doing anything about Macias? reported
unprofessionalism.

Peltier said that on September 22, 2017 Macias interrupted a meeting she
was having with a colleague. In a demanding tone of voice, he told her he
wanted to see her as he wagged his ?nger at her. Because the encounter
made her feel so uncomfortable, she reported it to Racicot, who advised
Peltier not to have any more closed door meetings with colleagues, as it
may make Macias feel uncomfortable.

23.

24.

25.

Peltier said in early January of 2018, Macias told her if she wanted to copy
Racicot on emails that she (Peltier) was sending him, then he would copy
Racicot on emails he was sending her (Peltier). She felt Macias was trying
to intimidate her and became concerned every time she heard a knock on
her door that it was Macias.

Macias told this writer that Student 1?s advocate and the student?s
caseworker brought to his attention that Student 1 did not receive IEP
services for 18 months. Macias said he never looked in the student?s ?le.
Macias said he had no idea why the student?s transcript had not been
completed prior to the student?s graduation. Macias said he knew that
Student 1 had the appropriate credits and enough of them, because BHS
required 24 credits to graduate, while on the State web site the Agency of
Education only required 20. Macias did not seem to understand that a BHS
student needed 24 credits to graduate, not 20 credits. Macias said he used
Student 1?s 12/16/2016 Graduation Progress form and the student?s Four
Year Plan Worksheet to ?gure out the courses and credits to put on the
student?s ?nal transcript, which he (Macias) completed on September 21,
2017. While this writer reviewed Student 1?s ?nal transcript with Macias,
he said on many occasions he did not know where the class or grade came
from. Macias said the 25.12 total credits on Student 1?s ?nal transcript was
a calculation error.

On February 22, 2018 Mary Markley, who graduated from BHS in June
2018, advised this writer that her guidance counselor, Macias, was not
submitting required records to the colleges she had applied to attend, and
what records he was submitting were inaccurate, including when he
submitted an inaccurate grade point average. She said Macias did not appear
to be familiar with National Merit Scholarships and that prior to October 11
he needed to submit critical information on her behalf. Markley said Macias
pulled her out of a German class into the hallway to show her that he was
familiar with the scholarship process. She said when she was ?nished with
Senior Seminar, Macias was supposed to remove her from the class in
Power School, but did not and kept calling her everyday telling her that she
was missing class. Even though Markley informed Macias that many of her
colleges required mid-year reports with of?cial grades, he wrote to her that
BHS did not do mid-year transcripts. Markley said after she had questioned
Macias concerning his submitting inaccurate information, Macias raised his
voice and pointed to the guidance of?ce telling her if she wanted a new

26.

27.

guidance counselor she could, ?Go get one.? She said they were outside the
Main Of?ce when he said this to her. She said Macias was condescending,
petty and rude towards her. She said she even had to send him an email
correcting him on an announcement he had sent to BHS students letting
them know that they could apply for an ACT K-12 Award. The award was
not for students. Markley eventually requested to not have Macias as her
guidance counselor.

On May 19, 2018 BHS Head Varsity Baseball Coach and Lead Math
Teacher Marcel Girouard sent an email to members of the BSD
administration team, including Principal Racicot and Superintendent Obeng,
about Macias violating College Board rules for Advanced Placement (AP)
testing when he proctored AP testing on May 18, 2018. Girouard reported
during the ?rst 90 minute test, Macias allowed students to vocally ask if
they could start the designated break early since they were done with the
test. According to Girouard, one student who was still working on test
questions felt targeted and distracted and closed the student?s test book
before ?nishing the test. Girouard reported that prior to the beginning of the
second 90 minute test, students asked Macias if they could leave once they
had ?nished their test. Macias told them they could leave once?they were
done. Girouard said students felt rushed and distracted.

On May 21, 2018 this writer received information from Student 2, who
advised that he had just recently taken an Advanced Placement (AP) test
proctored by Macias. He said he was in a room with ten other students. The
student said Macias began chatting with students he knew and did not start
the test until 45 minutes after the scheduled start time. He said Macias
allowed students to talk with one another, write on the whiteboard and go to
the bathroom with one another. The student said with 30 minutes left in the
testing period, students asked out loud if they could take the 10 minute
break early. Macias responded, ?We can when everyone is ?nished.? as
Macias gestured towards the only student who was still visibly working on
the exam. Student 2 claimed that Macias? comment put an enormous of
pressure on the student and the student felt required to stop working early,
which the student did. Student 2 said after the break between tests, Macias
announced to the students he was going to make it easy on them by
allowing them to leave once they had ?nished their test, even though the
students were required to stay in the test room for the required 90 minute

testing period. Student 2 said some seniors did not even open their test
books and left early, disrupting the testing process.

28. According to the College Board?s AP Coordinator ?3 Manual, Macias
violated many of the security rules for testing students.

Further your af?ant sayeth not.



Robert B. Stafford
Investigator, Agency of Education

 

Subscribed and sworn to before me on thisl date of 2018.

 

Public

53/;