Feb 16, 2023 Called Meeting

[00:00:03]

>> GOOD EVENING EVERYONE.

[I. CALL TO ORDER]

THE MEETING WILL COME TO ORDER.

THIS MEETING OF THE RICHARDSON ISD BOARD OF TRUSTEES IS CONVENED FEBRUARY 16TH, 2023, AT 04:00 PM.

ISD PROVIDED NOTICE OF THIS MEETING IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT.

A QUORUM IS PRESENT.

THE NEXT ITEM ON THE AGENDA IS TO CONSIDER THE EMPLOYEE GRIEVANCE

[II. EMPLOYEE GRIEVANCE HEARING - J. Bivins]

MR. BIVINS HAS REQUESTED THAT THIS HEARING BE HELD IN OPEN SESSION.

BEFORE BEGINNING THE HEARING, I WANT TO CAUTION BOTH PARTIES THAT FEDERAL LAW, SPECIFICALLY, THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, FERPA, PROHIBITS THE DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION OF STUDENTS WITHOUT PRIOR WRITTEN CONSENT.

I ALSO REMIND BOTH PARTIES THAT THE OPEN MEETINGS ACT AUTHORIZES THE BOARD TO HEAR PERSONALLY IDENTIFIABLE INFORMATION CONCERNING A STUDENT IN CLOSED SESSION.

IF I DETERMINE YOUR COMMENTS, REVEAL PERSONALLY IDENTIFIABLE INFORMATION OF A STUDENT, I WILL CLOSE THIS HEARING.

FOR THOSE WHO HAVE COME TO OBSERVE THIS HEARING IN PERSON, PLEASE NOTE THAT THIS IS A FORMAL PROCEEDING.

THE BOARD WILL NOT ENGAGE WITH AUDIENCE MEMBERS.

DISRUPTIONS TO THE PRECEDING WILL NOT BE TOLERATED.

VISITORS AND STAFF MUST LISTEN QUIETLY THROUGHOUT THE HEARING.

IT IS NOT APPROPRIATE TO CLAP, CHEER, BOO, DISPLAY BANNERS, OR OTHERWISE ENGAGE IN DISRUPTIVE CONDUCT.

PERSONS WHO DISRUPT THE HEARING WILL BE CAUTIONED TO OBSERVE MEETING RULES.

PERSONS WHO PERSIST IN DISRUPTING THE HEARING WILL BE REMOVED FROM THE AUDITORIUM.

WE ARE IN OPEN SESSION.

TODAY IS FEBRUARY 16TH, 2023, AND THE TIME IS 04:02 PM.

TODAY WE WILL CONSIDER THE LEVEL 3 GRIEVANCE OF JEFF BIVINS UNDER BOARD POLICY, DGBA LOCAL, EMPLOYEE COMPLAINTS, GRIEVANCES.

MR. BIVINS'S GRIEVANCE IS RELATED TO HIS REMOVAL AS THE CHEERLEADING SPONSOR AT RICHARDSON HIGH SCHOOL.

THE FOLLOWING BOARD MEMBERS ARE PRESENT.

MR. POTEET, MS. DEBBIE RENTERÍA, MR. ERIC EAGER, AND MS. VANESSA PACHECO.

I AM REGINA HARRIS [LAUGHTER] AND I WILL SERVE AS THE CHAIR OF THIS MEETING.

A QUORUM IS PRESENT AS STATED EARLIER.

ALSO PRESENT IN THIS HEARING ARE JEFF BIVINS, THE GRIEVANT. TABITHA BRANUM, SUPERINTENDENT.

DR. MATTHEW GIBBONS, ASSISTANT SUPERINTENDENT, ADMINISTRATIVE SERVICES, MR. CHRIS CHOAT, RICHARDSON HIGH SCHOOL PRINCIPAL, LESLIE SLOVAK, ATHLETICS EXECUTIVE DIRECTOR, LATISHA MCGOWAN, OUR GENERAL COUNSEL.

GILBERT GARCIA, ASSISTANT GENERAL COUNSEL, AND MR. CHRIS GOODSON, ASSISTANT SUPERINTENDENT, HUMAN RESOURCES.

WE ARE MAKING A RECORD OF THIS PROCEEDING BEFORE THE BOARD IN THIS LEVEL 3 GRIEVANCE APPEAL.

THESE PROCEEDINGS ARE BEING TAPED AND OR VIDEO RECORDED TO PROVIDE AN ACCURATE RECORD.

I REQUEST THAT ALL PARTICIPANTS AVOID TALKING WHEN OTHERS ARE SPEAKING SO THAT THE RECORD WILL ACCURATELY REFLECT THE PROCEEDINGS.

PLEASE, ENDEAVOR TO MAKE YOUR VERBAL STATEMENTS AS CLEAR AND COMPLETE AS POSSIBLE.

REMEMBER, THAT THE RECORDING WILL NOT REFLECT GESTURES OR ANY FORM OF NON-VERBAL COMMUNICATIONS.

THE RECORDING OF WHAT IS PRESENTED HERE TODAY, TOGETHER WITH THE DOCUMENTS RELATED TO THIS GRIEVANCE WHICH HAVE BEEN PROVIDED TO THE BOARD AND ADMITTED INTO RECORD TOGETHER WITH THE DISTRICT'S DGBA COMPLAINT POLICY, OTHER APPLICABLE POLICIES, AND THE AGENDA FOR THIS MEETING WILL CONSTITUTE THE DISTRICT'S RECORD OF THE GRIEVANCE HEARING.

THIS IS A GRIEVANCE PRESENTATION AND NOT AN EVIDENTIARY HEARING.

THERE WILL BE NO PRESENTATION OR CROSS-EXAMINATION OF WITNESSES.

[00:05:04]

MR. BIVINS WILL PRESENT HIS REMARKS TO THE BOARD.

MR. BIVINS WILL HAVE 10 MINUTES TO MAKE HIS PRESENTATION.

AFTER THE GRIEVANCE PRESENTATION, THE ADMINISTRATION'S REPRESENTATIVE, DR. MATTHEW GIBBONS, WILL PRESENT THE ADMINISTRATION'S RESPONSE.

DR. GIBBONS WILL ALSO HAVE 10 MINUTES FOR HIS PRESENTATION.

MR. BIVINS, IF YOU WOULD LIKE TO RESERVE UP TO TWO MINUTES OF YOUR 10 MINUTES FOR REBUTTAL, PLEASE TELL ME HOW MUCH TIME YOU WOULD LIKE TO RESERVE.

>> ONE MINUTE, PLEASE.

>> ONE MINUTE. I REMIND YOU THAT YOUR REBUTTAL IS LIMITED TO MATTERS RAISED IN THE ADMINISTRATION'S RESPONSE AND IS NOT AN OPPORTUNITY TO RAISE NEW MATTERS.

MS. MCGOWAN, WOULD YOU PLEASE KEEP THE TIME?

>> YES. JUST MR. BIVINS AND DR. GIBBONS.

I KNOW THEIR NAMES ARE WORRYING TOGETHER.

JUST KNOW THAT WHEN YOU COME UP HERE, YOU'LL BE ABLE TO SEE THE TIME AND I WILL COUNT DOWN STARTING AT FIVE MINUTES FOR YOU.

>> THANK YOU.

>> THE BOARD HAS RECEIVED THE DOCUMENTS IDENTIFIED THROUGH THE DOCUMENTS SUBMISSION PROCESS, AND THOSE DOCUMENTS ARE ADMITTED INTO RECORD.

NO NEW DOCUMENTS OR EVIDENCED SHALL BE PRESENTED.

BOARD MEMBERS MAY ASK SUCH QUESTIONS OF THE PARTIES AS WILL AID THEIR UNDERSTANDING OF THE GRIEVANCE OR THE ADMINISTRATION'S RESPONSE.

I WOULD REQUEST, HOWEVER, THAT BOARD MEMBERS REFRAIN FROM INTERRUPTING OR ASKING QUESTIONS UNTIL THE PARTIES HAVE COMPLETED THEIR PRESENTATIONS SO THAT WE CAN MAINTAIN AN ACCURATE RECORD OF THE TIME USED BY EACH PARTY.

ARE THERE ANY QUESTIONS REGARDING THE CONDUCT OF THE HEARING? YOU HAVE SOME QUESTIONS, MR. BIVINS?

>> PRESS, MY THUMBS-UP FOR GOOD.

>> GOT YOU. THE GRIEVANT MAY PROCEED WITH THE LEVEL 3 GRIEVANCE PRESENTATION.

>> MY NAME IS JEFF EVANS AND I'M HERE TODAY TO ASK YOU TO REVERSE THE DISTRICT'S IMPROPER DECISION TO REMOVE ME AS THE RICHARDSON HIGH SCHOOL CHEERLEADING COACH.

I HAVE TAUGHT AND COACHED AT RHS FOR THE PAST 24 YEARS.

IN THAT TIME, I'VE HELD THE RHS CHEERLEADERS TO THE HIGHEST OF STANDARDS, AND I AM PROUD THAT I HAVE BEEN ABLE TO USE SPORT TO HELP MOLD COUNTLESS YOUNG WOMEN INTO GREAT PEOPLE.

AT PRACTICE, ON SEPTEMBER 14TH, WE WERE LEARNING NEW STUNTS.

A CHEERLEADER DID NOT DO HER JOB AND ONE OF HER TEAMMATES FELL TO THE GROUND.

A FLYER HITTING THE GROUND IS THE MOST DANGEROUS SITUATION THAT CAN OCCUR IN OUR SPORTS.

MY REACTION TO THIS FALL IS WHAT BRINGS US HERE TODAY.

I HAVE REPLAYED MY WORDS AND MY ACTIONS FROM THAT DAY OVER AND OVER AGAIN IN MY HEAD BETWEEN MY LAST APPEAL IN THIS HEARING, I WAS FINALLY PROVIDED WITH A COPY OF THE VIDEO.

NOW I'VE BEEN ABLE TO STUDY THE FOOTAGE OF THE INCIDENT AND I AM BEYOND FRUSTRATED BY THE INACCURATE NARRATIVE THAT THE DISTRICT CONTINUES TO REITERATE AS THE BASIS FOR MY TERMINATION.

THEIR DESCRIPTIONS ARE ONE-SIDED, FALSE, AND DEFAMATORY.

THE DISTRICT CLAIMS THAT I SHOVED, AGGRESSIVELY GRABBED AND SHOOK THE CHEERLEADER IN QUESTION.

THIS IS SIMPLY NOT TRUE.

RIGHT AFTER THE FALL OCCURS, I TAPPED THE ATHLETE ON THE BACK.

SHE TURNS AND I SEE THAT SHE IS LAUGHING.

I PLACE MY RIGHT HAND ON THE TOP PART OF HER SHOULDER TO DIRECT HER TO MOVE TO MY LEFT.

WHEN SHE FEELS MY HAND, SHE HOPS STEPS BETWEEN ME AND THE OTHER GIRLS IN THE STUNT.

HER BODY BARELY LEANS FORWARD.

WHEN YOU SLOW THE VIDEO DOWN FRAME-BY-FRAME, YOU CAN SEE THAT MY HAND IS ON HER SHOULDER FOR ONLY THE BRIEFEST OF MOMENTS, LESS THAN ONE SECOND.

WHEN SHE MOVES FROM MY RIGHT TO MY LEFT, YOU CAN SEE THAT MY HAND IS NO LONGER IN CONTACT WITH HER.

MY SHOULDERS NEVER TURN, HER BODY DOES NOT LURCH FORWARD, SHE NEVER LOSES HER FOOTING, SHE WAS NOT SHOVED.

THERE IS NO SOUND ON THE VIDEO, BUT IF THERE WERE, YOU WOULD HEAR ME ASKING THE ATHLETE IN QUESTION, WOULD YOU WANT TO FALL AND HIT THE GROUND WITH YOUR HEAD? I THEN PUT MY HANDS AROUND HER UPPER ARMS AND STATE, YOU HAVE TO GRAB HER LEGS LIKE THIS SO SHE FEELS SECURE AND DOESN'T FALL FORWARD.

I AM HOLDING HER ARMS BECAUSE I'M SHOWING HER THE LEVEL OF PRESSURE THAT IS NECESSARY FOR HER TO USE WHEN HOLDING THE FLYER.

[00:10:02]

AT NO POINT DO I SHAKE THIS CHEERLEADER.

I DO NOT MOVE MY ARMS OR MY BODY AT ALL WHILE I'M HOLDING HER.

SHE DOES NOT MOVE BACK AND FORTH, TO STATE THAT I SHOOK HER IS AN OUTRIGHT LIE.

IN ORDER TO TEACH KIDS TO SAFELY PERFORM STUNTS, EXPERIENCED CHEERLEADERS AND I ROUTINELY DEMONSTRATE HOW AN ARM OR LEG MUST BE HELD, GRIPPED, AND SQUEEZED.

THIS IS NECESSARY BECAUSE THE LEVEL OF GRIP STRENGTH MUST BE FELT IN ORDER TO UNDERSTAND JUST HOW FIRMLY YOU MUST HOLD A FLYER TO MAKE HER FEEL SECURE.

WE DISCUSS AND SHOW YOU YOU SHOULD BE SQUEEZING SO HARD THAT YOU CAN FEEL HER FEET THROUGH HER SHOES.

THAT IS PRECISELY THE TYPE OF HANDS-ON INSTRUCTION THAT WAS OCCURRING IN THE VIDEO.

I BELIEVE THAT WHEN THE DISTRICT SAW A MAN HOLDING A GIRL'S ARM, IT WAS ALL TOO EASY TO ASSUME THAT SOMETHING IMPROPER MUST BE HAPPENING WHEN IN REALITY, WHAT WAS BEING WITNESSED WAS HANDS-ON COACHING.

THE SAME TYPE OF HANDS-ON COACHING THAT HAPPENS ON THE FOOTBALL FIELD EVERY DAY.

I SHOULD NOT BE PUNISHED FOR ACTIVELY COACHING MY GIRLS BECAUSE THIS TYPE OF COACHING IS NECESSARY TO KEEP THESE ATHLETES SAFE.

I WILL BE THE FIRST TO ADMIT THAT I WAS FRUSTRATED WITH THE CHEERLEADER THAT HAD ALLOWED THE FLYER TO HIT THE GROUND AND THAT HER INITIAL REACTION WAS TO LAUGH ABOUT IT.

I EXPECT MORE FROM ALL OF MY ATHLETES.

I AM QUITE SERIOUS WHEN WE'RE LEARNING NEW STANCE BECAUSE MISTAKES CAN CAUSE SERIOUS INJURIES.

BUT I AM NOT AGGRESSIVE TOWARDS MY GIRLS.

AFTER MY CORRECTION, I SAW THE CHEERLEADER CONSOLING THE ATHLETE.

ALMOST ALL ATHLETES FEEL EMBARRASSED WHEN THEIR ACTIONS CAUSE A TEAMMATE TO HIT THE GROUND, AND I KNOW THAT THIS ATHLETE IS A SENSITIVE KID WHO WAS NEW TO THE SPORT.

WHEN YOU SEE THE ATHLETE LEAVE THE FLOOR, SHE WAS TAKING A WATER BREAK.

I SAW THIS TOO AND ASSUMED THAT SHE WAS TAKING A MOMENT AND THAT SHE WOULD THEN RETURN TO PRACTICE, WHICH SHE DID.

IF YOU CONTINUE TO WATCH THE VIDEO, YOU WILL SEE THE ATHLETE PERFORM THE STUNT AGAIN.

YOU WILL SEE HER MAKE THE CORRECTIONS I SHOULDER AND YOU WILL SEE ME PRAISING HER PERFORMANCE.

I HAD NO INKLING THAT MY REACTION TO THE FALL HAD BEEN SEEN AS ANYTHING OTHER THAN A CORRECTION.

A SERIOUS MISTAKE WAS MADE, IT WAS ADDRESSED AND AFTER INSTRUCTION, THE MISTAKE WAS CORRECTED BY THE ATHLETE.

THE RHS EMPLOYEE HANDBOOK STATES THAT THE FIRST STEP IN ANY COMPLAINT IS TO HAVE THEM DISCUSS THE ISSUE WITH THE TEACHER IN QUESTION.

HOWEVER, THE HANDBOOK WAS NOT FOLLOWED BY THE DISTRICT.

NO ONE ENCOURAGED THIS AS THE APPROPRIATE FIRST STEP.

I FIRMLY BELIEVED THAT IF THE DISTRICT HAD ALLOWED AND FOLLOWED ITS OWN RULES AND IMMEDIATELY ENCOURAGED THE STUDENT AND HER PARENTS TO HAVE A CONVERSATION WITH ME THAT WE WOULD NOT BE HERE TODAY.

THE IMPACT ON THE STUDENT IN QUESTION MATTERS TO ME AND I UNDERSTAND WHY IT MATTERS TO THE DISTRICT BECAUSE IT SHOULD MATTER.

I AM SIMPLY ASKING YOU TO HEAR AND SEE WHAT ACTUALLY HAPPENED IN THOSE THREE SECONDS AND TO UNDERSTAND THE TRUE INTENTION BEHIND MY ACTIONS, BECAUSE THAT ALSO MATTERS.

THIS IS MY LIVELIHOOD AND MY REPUTATION, AND THE TRUTH MATTERS.

I WOULD NEVER INTENTIONALLY, KNOWINGLY, OR RECKLESSLY TREAT ANY OF MY STUDENTS IN A WAY THAT WOULD ADVERSELY AFFECT OR ENDANGER THEM.

ON THAT DAY, I DID NO SUCH THING.

THE DISTRICT'S LEVEL TO RESPONSE, THEY CLAIM THAT OTHER CHEERLEADERS WERE CONCERNED ABOUT MY ACTIONS.

THEY CITE A SINGLE CHEERLEADER STATEMENT AS SUPPORT FOR THIS ASSERTION.

IT IS MY UNDERSTANDING THAT 10 CHEERLEADERS PLUS COACH REYNOLDS WERE ASKED TO GIVE WRITTEN STATEMENTS.

WHAT DO THEIR STATEMENTS SAY? THERE WERE APPROXIMATELY 45 GIRLS AT PRACTICE THAT DAY.

WHAT DO THEIR STATEMENTS SAY? I FORMALLY REQUESTED ALL WITNESS STATEMENTS THAT WERE TAKEN DURING THE COURSE OF THE DISTRICT'S INVESTIGATION.

THE DISTRICT HAS REFUSED TO PROVIDE THOSE FOR ME.

I THEN ASK THAT THEY BE MADE AVAILABLE TO THE BOARD.

THAT REQUEST WAS ALSO DENIED.

THE DISTRICT IS HIDING BEHIND FERPA REGULATIONS, WHICH DO NOT APPLY TO DOCUMENTS IN MY PERSONNEL FILE IN ORDER TO KEEP THE FULL INVESTIGATION FROM BEING CONSIDERED HERE TODAY.

THIS IS UNFAIR WITHOUT LEGAL JUSTIFICATION, AND I HOPE IT MAKES YOU WONDER WHY THE DISTRICT WOULD REFUSE TO PROVIDE ME AND YOU WITH THIS INFORMATION IF IN FACT, IT SUPPORTED THEIR DECISION.

SEVERAL CHEERLEADERS' STATEMENTS HAVE BEEN GIVEN TO ME DIRECTLY BY THEIR PARENTS, AND AS EXPECTED, THE GIRLS TOLD THE TRUTH AND THEIR DESCRIPTIONS OF THE EVENTS MIRROR WHAT I HAVE TOLD THE DISTRICT.

HOWEVER, THESE STATEMENTS, MUCH LIKE MY STATEMENT AND THE STATEMENT OF COACH REYNOLDS, ARE GIVEN NO WEIGHT BY THE DISTRICT.

RATHER, THE DISTRICT DECIDED ON THEIR NARRATIVE AND THEN DISREGARDED ALL THE FACTS THAT CALL THIS NARRATIVE INTO QUESTION.

THIS IS AN IMPROPER WAY TO CONDUCT AN INVESTIGATION.

THE DISTRICT CLAIMS THAT I HAVE SHOWN A PATTERN OF POOR JUDGMENT BASED UPON ONE INCIDENT WITH ANOTHER STUDENT.

THE STUDENT TRIED TO LEAVE PRACTICE EARLY WITHOUT PERMISSION.

SHE HAD ANOTHER STUDENT'S PHONE IN HER HAND AND I STEPPED IN FRONT OF THE DOOR TO TRY TO KEEP HER FROM LEAVING.

[00:15:03]

I HAVE BEEN SELECTED BY A TOP 10 STUDENT AS THEIR MOST INFLUENTIAL TEACHER FOR THE EIGHT OF THE PAST 11 YEARS.

I WAS SELECTED TWICE OUT OF THE PAST FIVE YEARS TO INTRODUCE OUR VALEDICTORIAN AND SALUTATORIAN AT GRADUATION.

IN 2011, I WAS ONE OF THE TOP 10 STAR TEACHERS IN OUR DISTRICT.

THE FACT THAT I HAVE HAD TWO COMPLAINTS MADE ABOUT ME IN NEARLY TWO AND A HALF DECADES IS CLEARLY THE EXCEPTION, NOT THE RULE.

TO CLAIM OTHERWISE IS NOTHING MORE THAN A STRAW HOUSE BUILT TO TRY AND SUPPORT THE FLAWED DECISION.

I KNOW I AM FIGHTING AN UPHILL BATTLE.

I KNOW THAT THE BOARD ORDINARILY RULES AGAINST THE GRIEVEN, BUT YOU HAVE THE OPPORTUNITY TODAY TO RIGHT THIS WRONG AND NOT SIMPLY RUBBER STAMP THE DISTRICT'S IMPROPER DECISION.

PLEASE SEND A MESSAGE TO THE DISTRICT THAT THE EMPLOYEE HANDBOOK MUST BE FOLLOWED.

PLEASE CAREFULLY WATCH THE VIDEO AND CONSIDER WHY I WAS IN CONTACT WITH THE ATHLETE AND WHAT WAS BEING SAID.

I AM SIMPLY ASKING YOU TO FIND THAT MY HAND ON HER LEFT SHOULDER AND ME HOLDING HER UPPER ARMS DO NOT WARRANT REMOVING ME FROM MY COACHING POSITION.

PLEASE ALLOW ME TO CONTINUE TO DO THE JOB THAT I LOVE.

>> THANK YOU. THE ADMINISTRATION MAY NOW PROCEED WITH ITS PRESENTATION.

>> GOOD AFTERNOON BOARD, I'D LIKE TO PROVIDE CLARITY REGARDING MR. BIVINS POSITION WITH THE DISTRICT.

MR. BIVINS DOES NOT HAVE A CONTRACT WITH THE DISTRICT THAT INCLUDES CHEER SPONSORSHIP DUTIES.

THIS IS AN EXTRACURRICULAR ACTIVITY FOR WHICH MR. BIVINS PROVIDED SUPPORT THAT WAS COMPLETELY OUTSIDE OF HIS DUTIES AS A CHAPTER 21 CLASSROOM TEACHER.

THEREFORE, THE DISTRICT HAD A RIGHT AS IT WOULD WITH ANYONE SPONSORING AN ACTIVITY WITHOUT A CONTRACT TO REMOVE HIM FROM THAT POSITION AS A SPONSOR.

THE DISTRICT HAS THE RIGHT TO REMOVE SUCH SPONSORS AT ANYTIME AND FOR ANY REASON, NOT PROHIBITED BY LAW.

THE ONLY QUESTION LEFT, THEREFORE, FOR THIS BOARD IS TO DETERMINE THAT THE DISTRICT ACT ARBITRARILY, CAPRICIOUSLY IN BAD FAITH OR IN VIOLATION OF POLICY OR LAW WHEN IT REMOVES MR. BIVINS AS THE RHS CHEER SPONSOR.

ON SEPTEMBER 14TH, THERE WAS RECORDED INCIDENT OF THEN HEAD RHS TO YOUR SPONSOR, JEFF BIVINS HAVING INAPPROPRIATE PHYSICAL CONTACT WITH THE STUDENT CHEERLEADER DURING A PRACTICE SESSION IN THE RHS MAC BUILDING.

THE PRINCIPAL AT RHS, MR. CHOAT WAS MADE AWARE OF THE INCIDENT ON SEPTEMBER 15TH AND STARTED AN INVESTIGATION OF THE COMPLAINT.

HE BEGAN THE INITIAL INVESTIGATION BY REVIEWING CAMERA FOOTAGE AS WELL AS COLLECTING STUDENTS STATEMENTS.

SHORTLY THEREAFTER, MR. CHOAT CONTACTED THE RSD HUMAN RESOURCES DEPARTMENT.

HR REPRESENTATIVES VISITED THE CAMPUS TO REVIEW STATEMENTS, VIEW THE VIDEO, AND CONDUCT INTERVIEWS WITH THOSE STUDENTS WITH WHOM THE STATEMENTS WERE COLLECTED.

ON SEPTEMBER 16TH, MR. BIVINS WAS DIRECTED TO VISIT WITH DR. GOODSON, ASSISTANT SUPERINTENDENT OF HR, WHERE HE HAD THE OPPORTUNITY TO GIVE HIS ACCOUNT OF THE INCIDENT AND ALSO PROVIDE A WRITTEN STATEMENT.

MR. BIVINS WAS PUT ON ADMINISTRATIVE LEAVE WHILE THE REMAINDER OF THE INVESTIGATION WAS FINALIZED.

BASED ON THIS INVESTIGATION, IT WAS DETERMINED MR. BIVINS AGGRESSIVELY ENGAGED WITH THE STUDENT WHO WAS MUCH SMALLER THAN HIM BY SHOVING THE STUDENT AWAY FROM THE CURRENT FORMATION, GRABBING THEIR UPPER ARMS AND SHAKING THEM.

HE WAS INFORMED VIA MEMO AND VERBALLY BY DR. GOODSON THAT HIS ROLE AS CHAIR SPONSOR WOULD BE REMOVED EFFECTIVE IMMEDIATELY BASED ON BOARD POLICIES DH LOCAL, AND EXHIBIT STANDARD 3.2, WHICH STATES THE EDUCATOR SHALL NOT INTENTIONALLY, KNOWINGLY OR RECKLESSLY TREAT A STUDENT OR MINOR IN A WAY THAT ADVERSELY AFFECTS OR ENDANGERS THEIR LEARNING ENVIRONMENT, THE PHYSICAL HEALTH, OR THE SAFETY OF THE STUDENT.

MR. BIVINS FILED A LEVEL 1 GRIEVANCE ON OCTOBER 2ND.

HE ARGUED HE WAS WRONGFULLY DISMISSED FROM HIS CHEER SPONSOR POSITION AND WAS ONLY ENSURING SAFETY OF THE CHEERLEADER DURING STUNTS WHEN THE EVENT OF CONCERN HAPPENED.

HE ALSO GRIEVED THE VALIDITY OF THE INVESTIGATION TECHNIQUES THAT WERE USED BY THE CAMPUS AND THE HR DEPARTMENT.

AS A PROPOSED REMEDY MR. BIVINS REQUESTED HIS CHEER SPONSOR RESPONSIBILITIES BE REINSTATED.

A LEVEL ONE GRIEVANCE HEARING WAS HELD ON OCTOBER 11TH.

DR. JASON THERAPIST STUDENTS SERVICES FACILITATED THE HEARING AND PRINCIPLE CHOAT WAS A HEARING OFFICER.

MR. BIVINS REITERATED HIS POINT THAT THE INCIDENT SHOULD BE CONSIDERED A COACHABLE MOMENT AROUND SAFETY FOR THE SPOTTER AND THE FLOWER POSITION.

HE ALSO QUESTIONED THE VALIDITY OF THE INVESTIGATION BASED ON THE NUMBER OF STUDENTS AND ADULTS WHO WERE INTERVIEWED AT THE TIME OF THE INCIDENT.

HE WAS ALSO OF THE OPINION HIS 23 YEARS OF EXPERIENCE IN THE SPONSOR POSITION SHOULD BE A STRONG FACTOR IN NOT REMOVING HIM FROM HIS DUTIES.

MR. CHOAT SAID MR. BIVINS A FORMAL RESPONSE ON OCTOBER 18TH, MR. CHOAT FOUND THAT SOME EXHIBITS MR. BIVINS SUBMITTED WERE IN VIOLATION OF DISTRICT POLICY AND FEDERAL LAW SPECIFICALLY FERPA.

TWO VIDEOS HE SUBMITTED WERE NOT RELATED TO THE SPECIFIC INCIDENT AND DEEMED IRRELEVANT.

[00:20:02]

I QUOTE, DURING THE INVESTIGATION INTERVIEW, YOU EXPRESS THAT YOU ARE CONCERNED ABOUT THE SAFETY OF THE STUDENT WHO FELL.

HOWEVER, RATHER THAN TEACH THE STUDENT IN QUESTION HAD TO DO A BETTER JOB OF SUPPORTING THE FORMATION.

YOU AGGRESSIVELY SHOVED, GRABBED, AND SHOOK THE STUDENT, WHICH ULTIMATELY FRIGHTEN THEM.

YOUR ACTIONS CONTRARY TO YOUR POSITION, CAN BE REASONABLY VIEWED AS EXCESSIVE, INAPPROPRIATE, AND ADVERSELY AFFECTING THE LEARNING ENVIRONMENT.

THE INVESTIGATION FINDINGS INDICATE THAT YOU EXHIBITED POOR JUDGMENT WHEN YOU DECIDED TO PHYSICALLY INTERACT WITH THE STUDENT, WHEN YOU WERE FRUSTRATED WITH THEM.

MR. CHOAT DENIED THE GRIEVANCE APPEAL IN ITS ENTIRETY.

MR. BIVINS SUBMITTED A LEVEL TO APPEAL ON OCTOBER 19TH.

MR. BIVINS STATED HE DISAGREED WITH THE LEVEL ONE RESPONSE BASED ON HIS OPINION THAT A DOCUMENTED INCIDENT FROM THE PREVIOUS YEAR AND THE CURRENT SITUATION BEING GRIEVED DID NOT CONSTITUTE A PATTERN OF POOR JUDGMENT.

HE ALSO REPLIED HE STILL DID NOT HAVE THE CONFIDENCE IN THE PROCEDURES IN WHICH THE DISTRICT HANDLED THE INVESTIGATION OF THE INCIDENT.

A LEVEL TO APPEAL HEARING WAS HELD ON OCTOBER 27TH.

DR. THART FACILITATED THE MEETING AND MRS. LESLIE SLOVAK, EXECUTIVE DIRECTOR OF ATHLETICS, WAS THE GRIEVANCE HEARING OFFICER.

AT THIS APPEAL MEETING, MR. BIVINS RESTATED THAT HE DID NOT FEEL LIKE THIS HAD BEEN A FAIR PROCESS AND THAT THE DISTRICT WAS ATTEMPTING TO BUILD A STORY WHICH WAS NOT TRUE.

HE ALSO CLAIMED TO YOUR SPONSOR AND THAT REYNOLDS AND NOT BEEN INTERVIEWED IMMEDIATELY AFTER THE INCIDENT HAD OCCURRED.

AND MS. SLOVAKS FORMAL RESPONSE, SHE STATED THE INVESTIGATION CONDUCTED IN SEPTEMBER WAS APPROPRIATE, FAIR, AND THOROUGH, AND THAT DESPITE MR. BIVINS PROCLAMATION, OTHERWISE, MR. CHOAT DID HAVE A CONVERSATION WITH MS. REYNOLDS SHORTLY AFTER THE INCIDENT AS PART OF THE INVESTIGATION.

ONE OF THE ADDITIONAL COMPLAINTS BY MR. BIVINS CONCERNED THE FACT THAT DISTRICT DID NOT INTERVIEW EVERY STUDENT IN THE MAC ON THE DAY OF THE INCIDENT.

THE INVESTIGATIVE TEAM DEEMED THAT UNNECESSARY AT THE TIME OF THE INITIAL INCIDENT BASED ON THE NECESSITY FOR ONLY THOSE MOST CLOSELY INVOLVED TO BE INTERVIEWED.

AS AN ATTEMPT TO RESPOND TO MR. BIVINS REQUEST, THE DISTRICT COLLECTED ADDITIONAL STATEMENTS LATER AND FOUND NOTHING IN THE ADDITIONAL STATEMENTS THAT INDICATED THAT LESS THAN A THOROUGH PROCESS INITIALLY OCCURRED.

MOST IMPORTANTLY, THE VIDEO EVIDENCE CLEARLY SHOWS THE INCIDENT, SO IN TURN, THERE WAS NO FURTHER NEED TO BROADEN THE INVESTIGATION.

MS. SLOVAK DENIED MR. BIVINS GRIEVANCE IN ITS ENTIRETY, AGAIN, FINDING THAT MR. BIVINS HAD VIOLATED BOARD POLICIES DH LOCAL AND EXHIBIT STANDARD 3.2 THE EDUCATORS SHALL NOT INTENTIONALLY KNOWING LEO RECKLESSLY TREAT A STUDENT OR MINOR THAT ADVERSELY AFFECTS OR ENDANGERS THE LEARNING ENVIRONMENT, PHYSICAL HEALTH, OR SAFETY OF THE STUDENT.

AS YOU EVER VIEWED THE LEVEL ONE AND LEVEL TWO COMMUNICATION AND RESPONSES, IT'S WORTH NOTING THAT BOTH LEVEL ONE AND LEVEL TWO HEARING OFFICERS POINTED OUT MR. BIVINS LACK OF REMORSE FOR HIS ACTIONS AND LACK OF CONCERN FOR THE STUDENT, AS WELL AS THEIR CONTINUED CONCERNS AROUND HIS PROFESSIONAL JUDGMENT.

MR. BIVINS SUBMITTED A LEVEL 3 NOTICE OF APPEAL ON NOVEMBER 7TH, AND HIS RESPONSE, MR. BIVINS REPEATED HIS REQUEST TO BE REINSTATED AS THE RHS CHEER SPONSOR.

HE AGAIN SUMMARIZED HIS OPINION AROUND THE INCIDENT AS BEING A RESPONSE TO THE DANGER WHICH HE FELT THE FLOWER WAS EXPOSED.

MR. BIVINS LEVEL THREE APPEALS STATES THAT HE WISHED HE HAD HANDLED THE SITUATION DIFFERENTLY BECAUSE IT WAS NEVER HIS INTENT TO UPSET A STUDENT OR HAD AN ATHLETE FEEL INTIMIDATED BY HIS ACTIONS.

FOR THE FIRST TIME, THIS COMMENTARY REFLECTED A DIFFERENT TONE FOR MR. BIVINS SINCE THE INCIDENT OCCURRED.

MR. BIVINS ALSO STATED THAT HE WOULD LIKE TO MEET WITH THE PARENTS OF THE STUDENT IN AN EFFORT TO SEE IF SOME RESOLUTION COULD BE REACHED.

AGAIN, THIS REQUEST WAS NOT PRESENT IN MR. BIVINS FIRST TWO APPEAL LETTERS AND REFLECTED AN OVERALL CHANGE IN TONE AROUND THE SITUATION AND FOR THE FIRST TIME IN MY MIND, A SENSE OF OWNERSHIP FOR MR. BIVINS.

PRIOR TO SCHEDULING A LEVEL THREE APPEAL HEARING, I REACHED OUT TO MR. BIVINS AND SEE IF YOU'D BE INTERESTED IN MEETING WITH ME IN A MORE INFORMAL SETTING AND DISCUSS THE LEVEL 3 PROCESS AND POSSIBLE OPTIONS TO REASONABLY RESOLVE THE GRIEVANCE THROUGH AN ADJUSTED REMEDY.

WE MET ON NOVEMBER 15TH, AND IN THAT MEETING, IT WAS DETERMINED MR. BIVINS WANTED TO REQUEST AN OPPORTUNITY TO MEET WITH THE STUDENT AND HER PARENTS.

BASED ON HIS REQUEST AND EFFORT WAS MADE TO CONTACT THE PARENTS.

THE PARENTS DECLINED AND WE'RE NOT INCLINED TO MEET WITH MR. BIVINS BASED ON HIS INTERACTION WITH THEIR STUDENTS AT ANY POINT IN THE PROCESS, THE LEVEL THREE APPEAL WAS BROUGHT FORWARD TO LEGAL COUNSEL FOR NEXT STEPS.

TO BE CLEAR, MR. BIVINS DUTIES AS A CHEER SPONSOR ARE DRIVEN NOT BY A CONTRACT, BUT BY THE DISTRICT'S DISCRETION AS TO WHETHER HE IS QUALIFIED TO PERFORM THOSE DUTIES.

THERE IS NO CONTRACT RIGHT TO THE POSITION IN QUESTION.

IN THIS SITUATION, MR. BIVINS CLEARLY SHOW THAT ALTHOUGH HE MAY BE AN EXPERIENCED CHEER SPONSOR, HE FAILED TO PERFORM HIS DUTIES AT THE STANDARD THAT DISTRICT EXPECTS.

HE INAPPROPRIATELY AND AGGRESSIVELY PLACED HIS HANDS ON A STUDENT MUCH SMALLER IN STATURE THAN HIM.

DESPITE MR. BIVINS APPARENT CHANGE OF TONE, THE ADMINISTRATORS CONCERNS REGARDING MR. BIVINS' PROFESSIONAL JUDGMENT HAVE NOT CHANGED.

STUDENT'S SAFETY IS OUR PRIORITY AND THE DISTRICT SIMPLY CANNOT RISK ANOTHER INCIDENT WHERE IN A STUDENT'S PHYSICAL AND PSYCHOLOGICAL WELL-BEING ARE PLACED AT RISK.

WHEN DELIBERATING I ASKED YOU TO ASK OURSELVES A QUESTION,

[00:25:03]

IN THIS CASE, THE DISTRICT HAD CAUSE TO REMOVE MR. BIVINS AS CHEER SPONSOR AS A RESULT OF HIS INAPPROPRIATE PHYSICAL INTERACTION WITH THE STUDENT.

THE DECISION WAS MADE WITH A PROPER INVESTIGATION AND CONSIDERATION OF ALL THE FACTS.

THEREFORE, ADMINISTRATION REQUESTS THAT THE GRIEVANCE APPEAL BE DENIED AS MR. BIVINS HAS FAILED TO MEET HIS BURDEN IN SHOWING THAT THE DISTRICT ACTED ARBITRARILY, CAPRICIOUSLY IN BAD FAITH OR IN VIOLATION OF POLICY OR LAW. THANK YOU.

>> THANK YOU. MR. BIVINS, YOU MAY PRESENT ANY REBUTTAL TO MATTERS RAISED BY THE ADMINISTRATION'S RESPONSE.

>> I AM A COACH, AND THAT IS HOW I HAVE DEFINED MYSELF FOR THE MAJORITY OF MY LIFE.

I LOVE IT AND I TAKE THE RESPONSIBILITY OF IT VERY SERIOUSLY.

I HAVE SPENT COUNTLESS HOURS REFLECTING ON HOW I COULD HAVE HANDLED THIS SITUATION DIFFERENTLY, BUT I KNOW WHAT HAPPENED ON THAT DAY.

I KNOW THAT I WAS COACHING.

I KNOW THAT I WAS ADDRESSING A SERIOUS MISTAKE BEFORE IT CAUSE SERIOUS INJURY.

I IMPLORE YOU TO SLOW DOWN THE VIDEO TO CONSIDER WHAT WAS ACTUALLY BEING SAID AND TO CONSIDER WHY WE WERE IN CONTACT.

I ASK YOU TO CONSIDER THE OUTPOURING OF SUPPORT FOR ME BY MY CURRENT CHEERLEADERS AND THE COMMUNITY AS A WHOLE.

I HAVE HAPPILY SACRIFICED MY TIME AND DEDICATED MYSELF TO THIS CHEERLEADING TEAM AND OUR SCHOOL FOR THE PAST 24 YEARS.

I HAVE WORKED TIRELESSLY TO ABIDE BY ALL PROFESSIONAL STANDARDS.

PLEASE DO NOT ALLOW A DISTORTED PERCEPTION OF THREE SECONDS TO SPEAK LOUDER THAN MY 24 YEARS OF EXPERIENCE.

>> THANK YOU. WE ARE CONTINUING.

THANK YOU, NO CLAPS.

I REALLY WOULD APPRECIATE IT.

THANK YOU SO MUCH.

DOES THE BOARD HAVE ANY QUESTIONS OF EITHER PARTY? MR. EAGER?

>> WE MAKE REFERENCE TO ONLY TWO INCIDENTS IN THE NUMBER OF YEARS PRIOR.

CAN YOU GIVE ME AN IDEA OF WHEN WAS THE TIMING OF THESE OTHER COMPLAINTS, AND WERE THEY IN RELATION SIMILAR TO THIS SITUATION?

>> THE OTHER INCIDENT THAT WAS REFERENCED WAS IN 2021 IN THE SPRING, THE CHEERLEADERS WERE OUT ON THE TRACK WORKING OUT, ONE OF THE CHEERLEADERS BECAME UPSET, WANTED TO CONTACT HER MOM, BEGAN RUNNING TOWARDS THE DOOR TO GET INTO THE BUILDING.

MR. BIVINS RAN AND GOT IN FRONT OF HER, KEPT HER FROM GOING IN THE DOOR, GRABBED THE PHONE AND WHEN ADDRESSING THAT, HE SAID HE WANTED TO BE PRESENT FOR THAT PHONE CALL AND DIDN'T WANT THE STUDENT TO GO IN.

>> THE INCIDENCE PRIOR, HE SAYS THERE'S ONLY BEEN TWO COMPLAINTS AND I WAS CURIOUS TO WHEN WAS THE TIME, IS IT 10 YEARS AGO?

>> SO THE INCIDENT THAT WAS ADDRESSED BY DR. GIBBONS WAS THE INCIDENT IN 2001, THE INCIDENT THAT OCCURRED THIS FALL IN SEPTEMBER 14TH.

>> THERE HAS BEEN ONE IN 2001.

>> 2021.

>> 2021.

AND WHAT ABOUT IS THERE BEEN ANY OTHER COMPLAINTS IN THE 24-YEAR OLD PEOPLE.

>> NONE TO THAT NATURE, NO.

>> OKAY, SO THESE ARE ONLY TWO?

>> YES. SINCE I'VE BEEN THERE THAT I KNOW OF. YES.

>> OKAY. THANK YOU.

>> THANK YOU, MR. CHOAT. ANY ADDITIONAL QUESTIONS FROM THE BOARD? MR. BUDDY.

>> FIRST, THANKS FOR YOUR 24 YEARS OF SERVICE.

I KNOW THAT'S A LOT OF HEAVY LIFTING OVER 24 YEARS.

YOU'VE SEEN A LOT AND I APPRECIATE YOU AND ANY TEACHER IN OUR DISTRICT THAT COMMITS TO RISD LIKE THAT.

SPECIFICALLY TO THIS INCIDENT, CAN YOU TELL ME A LITTLE BIT ABOUT THE SAFETY AND THE TIMING OF THAT SAFETY AND WALK ME THROUGH COACHABLE MOMENT AND TIMING OF THAT.

WAS THERE AN IMPENDING SAFETY ISSUE WHEN YOU ADDRESSED THAT WITH THE STUDENT OR WAS THIS POST TO TEACH THE ENTIRE SQUAD OR A SINGLE-PURPOSE?

>> AT THE START OF THAT PRACTICE, WE WERE BEGINNING OUR FIRST PEP RALLY ROUTINE.

A LOT OF THESE KIDS ARE NEW TO PERFORMING A ROUTINE SINCE COVID OCCURRED, THIS IS GOING TO BE ONE OF THE FIRST ONES THAT WE WERE DOING AS A TRADITIONAL PEP RALLY.

[00:30:02]

WE DID SOME BURPEES TO GET EVERYONE CENTERED.

WE THEN HAD A GROUP OF GIRLS, ONE IN THE CHILEAN QUESTION, STOOD UP.

THEY WERE CONTINUING LAUGHING SO WE DID A COUPLE OF MORE BURPEES.

WE WENT THROUGH AND WE WERE DOING SOME PRACTICE.

THE FLYER HAD FALLEN ALREADY BEFORE THAT I'D ALREADY WORKED WITH SHOWING THIS CHILDREARING QUESTION HOW TO PROPERLY KEEP THE CHEERLEADER IN THE AIR AND NOT FALLING DOWN.

THERE WAS COACHING HAPPENING PRIOR TO THAT.

IN THE VIDEO, YOU'LL SEE THAT WE DO THIS MULTIPLE TIMES IN THE VIDEO THAT'S SHOWN THAT I'M HELPING THIS TRAILER ON WHAT IS HAPPENING, WHAT'S GOING ON.

WHEN WE GO TO ACTUALLY THEN MOVE THE CHEERLEADER THAT'S IN THE STUNT, FALLS FORWARD, THE CHEERLEADER IN QUESTION, WHO IS THEIR FRONT SPOT STEPS TO THE SIDE AS THE GIRL FALLS TO THE GROUND AND THERE IS NO ONE TO CATCH HER.

SHE SUPPORTS HERSELF FROM THE STUNT TO HER FACE ONTO THE GROUND.

WHEN I GO TO TAP THE CHEERLEADER ON THE SHOULDER, AS YOU WILL SEE, SHE TURNS AND HE HIS LAUGHING AGAIN.

IS THERE AN INCIDENCE LIKE THAT WOULD REQUIRE SHE FELL FROM THE START TO HER FACE AND NO ONE CAUGHT HER? AND THERE WAS ALREADY FALLING OCCURRING PRIOR TO THAT.

>> THANKS FOR THAT CONTEXT.

I'VE GOT FURTHER QUESTIONS.

>> FOR MR. DAVIN.

>> THIS IS FOR THE ADMINISTRATION.

>> SURE.

>> BECAUSE SOMEBODY ON ADMINISTRATION WALK ME THROUGH THE POLICY AND VIOLATION, JUST SOME CONTEXTS AROUND THAT AND THEN THE DISCIPLINARY PRECEDENT AND WHERE WE ARE ON HOW THAT'S DECIDED, JUST SO WE UNDERSTAND THAT THAT PROCESS, PLEASE.

>> GOOD EVENING. FROM AN HR PERSPECTIVE, WHEN WE GET A REPORT OF A SUSPECTED VIOLATION THAT IS BROUGHT TO OUR ATTENTION, WE WILL CONNECT WITH THE CAMPUS TO UNDERSTAND WHAT THE REPORT IS.

IN THIS CASE, IT WAS REPORTED THE VIOLATION OF THE POLICY IS REFERENCED BY DR. GIBBONS AND THAT HAS TO DEAL WITH THE INTERACTION WITH THE STUDENT.

WE WILL PULL TOGETHER A COUPLE OF MEMBERS FROM MY HR TEAM TO BEGIN AN INVESTIGATION THAT CAN BEGIN WITH CONTACTING THE CAMPUS, HAVE THEM START SOME INITIAL INVESTIGATION WHICH COULD BE TALKING TO INDIVIDUALS, INTERVIEWING, COLLECTING STATEMENTS.

WE ALSO ASK THEM TO GO AHEAD AND SEE IF THERE IS ANY VIDEO FOOTAGE OF THE INCIDENT AND SO OVERALL FROM A PRECEDENT PERSPECTIVE, EACH INDIVIDUAL SITUATION IS UNIQUE.

BUT WHAT WE DO PUT INTO PRACTICE IS THE APPROACH THAT WE TAKE TO THE INVESTIGATION.

WE TAKE THE REPORT, WE'LL HAVE AN INVESTIGATION TEAM GO OUT.

DEPENDING ON THE NATURE OF THE REPORT, WE'LL COLLECT MORE STATEMENTS, WE WILL REVIEW THE FOOTAGE.

MY TEAM WILL CONTACT ME.

I ROUTINELY WILL CONTACT THE SUPERINTENDENT LEGAL COUNSEL TO JUST MAKE THEM AWARE OF WHAT HAS HAPPENED AND I WILL GET SOME GUIDANCE AND FEEDBACK ON KEY STEPS IN THE INVESTIGATION AND BE SURE THAT WE UNDERTAKE.

A LOT OF SITUATIONS WE MAY HAVE THE EMPLOYEE WHO HAS THE ALLEGATION AGAINST THEM.

WE ALWAYS GET THEIR SIDE OF THE STORY.

WE MAY HAVE THEM COME IN AND VISIT WITH ME OR MY TEAM MAY BE VISIT WITH THEM AT THE CAMPUS LEVEL.

WE ROUTINELY WILL GET A WRITTEN STATEMENT SO THAT WE UNDERSTAND THEIR PERSPECTIVE ON WHAT HAPPENED.

WE ALSO TAKE THAT INTO CONTEXT WITH EVERYTHING ELSE THAT WE COLLECT.

AS WE REVIEW WHAT IS GOING ON, THERE MAY BE A NEED TO PUT THE EMPLOYEE ON ADMINISTRATIVE LEAVE WITH PAY IN ORDER TO BE SURE THAT WE HAVE TIME TO CONDUCT A THOROUGH INVESTIGATION.

WE WANT TO BE SURE THAT THERE'S NO OUTSIDE CONVERSATION HAPPENING BECAUSE WHAT TENDS TO HAPPEN IS IF THERE IS A DISCUSSION REGARDING THE EVENT OR THE INVESTIGATION THAT CAN INFLUENCE STATEMENTS AND WITNESSES WHO WE STILL NEED TO CONNECT WITH.

WE DO HAVE THAT EXPECTATION FOR AN EMPLOYEE WHO HAS PLACED ON ADMINISTRATIVE LEAVE WITH PAY.

THROUGHOUT THE COURSE OF THE INVESTIGATION, AGAIN, WE MAY CIRCLE BACK AND VISIT WITH THE EMPLOYEE AS I'M CONNECTING AGAIN WITH LEGAL COUNSEL AND THE SUPERINTENDENT, THEY WILL AGAIN PROVIDE GUIDANCE ON DO WE NEED TO GO BACK AND CONSIDER CONNECTING WITH ANY OTHER PEOPLE.

OUR GOAL IS TO MANAGE AND EFFECTIVELY TAKE A LOOK AT WHO IS MOST CLOSELY RELATED TO THE SITUATION.

THAT IS REALLY ONE OF OUR DRIVING GOALS AS WE CONDUCT ANY INVESTIGATION.

OVER THE COURSE OF THE INVESTIGATION, ONCE WE FIND THAT WE'RE AT A PLACE WHERE THERE'S NO ADDITIONAL INFORMATION, NO ADDITIONAL FOOTAGE TO CONSIDER, WE ALSO CONSIDER THE EMPLOYEE SITUATION.

WE DO CONSIDER THEIR ANY PRIOR INSTANCES OF CONCERNS, WE ALSO CONSIDER THE TIME THAT THEY'VE BEEN IN THE DISTRICT, IN TERMS OF THE CONSEQUENCES OR THE OUTCOMES, AGAIN, EACH INVESTIGATION IS DIFFERENT, BUT WHAT WE PUT INTO PLACE IS MAKING SURE THAT WE'RE FOCUSING ON WHAT'S IN THE BEST INTERESTS OF THE STUDENT AND THE EMPLOYEE.

WE TAKE BOTH OF THOSE INTO CONSIDERATION.

[00:35:02]

IT COMES AFTER A LOT OF DISCUSSION.

IT COMES AFTER A LOT OF BACK-AND-FORTH AND CONVERSATION, NOT ONLY REGARDING THE EVIDENCE THAT HAS BEEN COLLECTED DURING THE INVESTIGATION, BUT ALL THE OTHER FACTORS, AS I MENTIONED, IF THERE IS PRIOR WRITTEN DOCUMENTATION OF A CONCERN.

AGAIN, WHAT IS THE CONTEXT OF WHAT HAPPENED BASED ON THE STATEMENTS, WE HAVE A WIDE RANGE OF POSSIBILITIES WHEN IT COMES TO PARTICULAR CONSEQUENCES FOR AN INVESTIGATION.

AGAIN, IT DEPENDS ON THE INVESTIGATION FINDINGS.

IT ALSO DEPENDS ON THE ALLEGATION THAT'S BEEN PUT FORWARD AND THE RANGE OF CONSEQUENCES CAN BE FROM AN INVESTIGATION NOT FINDING ANY EVIDENCE TO SUPPORT THE ALLEGATION, AND THAT EMPLOYEE CAN BE RETURNED TO THEIR CLASSROOM, RETURNED TO ALL OF THEIR DUTIES.

AS MENTIONED BEFORE, THE DISTRICT UNDER BOARD POLICY HAS THE AUTHORITY TO MAKE A CHANGE, PARTICULARLY IF IT'S NOT ASSOCIATED WITH A CONTRACT.

THERE MAY BE A REASSIGNMENT OF DUTIES FURTHER DOWN THE SPECTRUM.

AN INDIVIDUAL EMPLOYEE CAN BE REASSIGNED TO A DIFFERENT CAMPUS AS LONG AS IT IS STILL WITHIN THE CONTEXT OF THEIR CONTRACT AND THEIR CERTIFICATION.

THEN ULTIMATELY, IF THE FINDINGS OF THE INVESTIGATION ARE SIGNIFICANT ENOUGH TO WARRANT FURTHER ACTION, IT CAN INCLUDE DOCUMENTATION, MANDATORY REPORTING, AND THEN UP TO AND INCLUDING ENDING OF EMPLOYMENT.

>> I APPRECIATE THAT AND FOR CLARIFICATION, THAT WAS MR. BIVINS DID HE RETIRED, WAS HE ALLOWED TO RETURN TO HIS CONTRACTUAL JOB IN THE SCHOOL?

>> YES, HE WAS.

>> ONE OTHER QUESTION, IF I COULD MS. HARRIS.

WE'RE ALL LEARNING MORE ABOUT CHEER IN THE LAST SIX MONTHS, EVEN AS A CHEERED THAN I EVER THOUGHT I'D LEARN.

BUT CAN YOU GIVE US A LITTLE CONTEXT AROUND THE ADDITIONAL DUTY VERSUS CONTRACT AND THEN I KNOW WE DO A LOT OF TALKING ABOUT OTHER SPORTS TOO, IS THAT STANDARD, NON-STANDARD? HOW DOES THAT WORK WITH OTHER SPORTS AND COACHES AND JUST SO WE UNDERSTAND THAT RELATIONSHIP BETWEEN THE CLASSROOM JOB AND THE ADDITIONAL DUTY OR WHATEVER WE'RE CALLING IT.

>> THAT'S A GREAT QUESTION. THANK YOU FOR THAT.

IT STARTS WITH THE REASON THAT THE EMPLOYEE WAS HIRED.

IN MANY SITUATIONS, WE WILL HAVE A TEACHER AT THE HIGH SCHOOL LEVEL WHO IS ON A TEACHER CONTRACT AND FROM THE STANDPOINT OF THE DISTRICT AND THE EMPLOYEE, THAT IS WHAT THEY ARE HIRED TO DO.

THERE WILL OFTEN BE ADDITIONAL CLUBS, SPONSORSHIPS, ACTIVITIES THAT ARE NOT NECESSARILY UNDER A CONTRACT, BUT THEY TAKE ON THESE ADDITIONAL DUTIES AS PART OF THEIR DAY AND THEY RECEIVE A STIPEND OF SOME KIND.

THAT MAY BE CHEERED, THAT MAY BE DRILL TEAM, IT MAY BE ACADEMIC DECATHLON, IT COULD BE A LOT.

WE HAVE A WIDE RANGE OF STIPENDS THAT ARE PROVIDED.

IN OTHER SETTINGS IF THAT PERSON IS ON A TEACHER COACH CONTRACT, THEN THAT IS A DIFFERENT TYPE OF CONTRACTUAL AGREEMENT WITH THE EMPLOYEE.

THEY MAY NOT RECEIVE ADDITIONAL STIPENDS FOR SOME OF THOSE DUTIES BECAUSE IT IS PART OF THEIR CONTRACT.

IF THEY TAKE ON ADDITIONAL RESPONSIBILITIES, EITHER WAY, THEY MAY RECEIVE A STIPEND.

I MIGHT BE A TEACHER COACH, BUT IF I'M ALSO WORKING WITH A JUNIOR HIGH, I MIGHT RECEIVE A JUNIOR HIGH COACHING STIPEND AS WELL.

CONTRACTUALLY, YOU EITHER HAVE TEACHER COACH BUT IN TERMS OF THE WORKDAY, FOR EXAMPLE THE WORKDAY WILL JUST DEPEND ON WHICH CLUBS I WORK WITH OR WHICH TEAM OR PRACTICES I SUPPORT AND I MAY OR MAY NOT RECEIVE AN ADDITIONAL STIPEND.

>> IN WHICH CONTRACT IS MR. BIVINS'S UNDER? IS HE A TEACHER.

>> HE IS ON A TEACHER CONTRACT.

>> IS THAT ALWAYS BEEN THAT WAY WITH CHEER? JUST OUT OF CURIOSITY OR IS THAT THAT'S ALWAYS BEEN CONSIDERED?

>> AS FAR AS I'M AWARE, YES.

>> I DIDN'T KNOW. I THINK THAT'S IT RIGHT DOWN THE STAIRS.

>> THAT CONCLUDES YOUR QUESTIONS FOR NOW.

ANY ADDITIONAL QUESTIONS, MS. MARIA?

>> I DO HAVE A QUESTION, I GUESS FOR THE ADMINISTRATION.

IN VIEWING THE VIDEO, I WANTED TO KNOW WERE THERE ANY OTHER ADULTS PRESENT AT THE TIME OF THIS INCIDENT?

>> I BELIEVE IT'S REYNOLDS WAS IN THE MARK BUT I DO NOT RECALL SEEING ANOTHER ADULT RIGHT NEXT TO THE CHEER FORMATION.

BUT MR. TRUMP MAY BE ABLE TO HELP WITH THAT.

>> OKAY.

>> YES. UPON AN INITIAL REVIEW OF THE VIDEO, LOOK LIKE MULTIPLE GROUPS WORKING ON DIFFERENT STUNTS.

MR. BIVINS WAS THERE AND MS. REYNOLDS WAS THERE IN PRESENT AT THE TIME.

THEY WERE BOTH BY THE DIFFERENT GROUPS THAT WERE WORKING ON THEIR STUNTS.

YES. THOSE TWO ARE THE TWO THAT I OBSERVED ON THE VIDEO.

>> BOTH ADULTS SAW EXACTLY WHAT HAPPENED?

>> NO, THEY DIDN'T.

MS. REYNOLDS DID NOT.

WE SPOKE BRIEFLY THE DAY AFTER AND I ASKED HER ABOUT THAT AND SHE SAID SHE DID NOT SEE THE ACTUAL INCIDENT.

SHE SAW A STUDENT UPSET AND ANOTHER CHEERLEADER CONSOLING HER AND

[00:40:07]

>> THANK YOU. IF I MAY CONTINUE, MS. HARRIS.

IN VIEWING THE VIDEO, MR. CHAD, I BELIEVE I SAW TWO STUDENTS THAT WERE CONSOLING THE ONE STUDENT.

>> YES.

>> AT ANYTIME, WERE THERE ANY ADULTS WHO WENT TO CONSOLE THIS STUDENT?

>> NO. THERE WAS NOT.

I WILL TELL YOU THAT DIDN'T COME STRICTLY FROM VIDEO.

THAT WAS FROM STATEMENTS TOO BECAUSE WHERE THE STUDENT WENT AFTER THE INCIDENT OCCURRED WAS OUTSIDE OF THE CAMERA VIEW, IT WAS UP AGAINST THE WALL AND THE MARK.

THERE WAS NO ADULT THAT WENT AND CONSOLED HER, IT WAS ANOTHER CHEERLEADER.

AFTER SOME TIME WENT BY, YOU SEE THEM COME BACK INTO THE PICTURE AND START THE ROUTINE OR THE PRACTICE AGAIN.

>> THEN IN DOING THIS DANCE OR PRACTICING, THAT GETS DONE, MAYBE THIS IS FROM MR. BIVINS.

WHEN THERE IS, I GUESS, SOMETHING BEING TAUGHT, IS IT CUSTOMARY TO APPROACH OR I DON'T WANT TO USE THE WORD REPRIMAND, TO CORRECT THE ENTIRE GROUP AS OPPOSED TO JUST ONE PERSON? OR DOES EVERYONE HAVE A DIFFERENT ROLE? [OVERLAPPING]

>>IT WILL DEPEND ON WHAT THE MISTAKE WAS.

IF IT WAS A GROUP MISTAKE, THEN THE ENTIRE GROUP WOULD BE INVOLVED IN, I GUESS, USING YOUR WORDS PUNISHMENT OR MAYBE IN OUR WORLD WE CALL IT BURPEES.

IF SOMETHING GOES WRONG, YOU'RE DOING A BURPEE.

IF IT'S A PYRAMID, THERE ARE MULTIPLE FACTORS, STUDENTS THAT ARE INVOLVED.

IF THE WHOLE PYRAMID AND ITS MULTIPLE PEOPLE'S FACT, JUST THAT.

IN THIS PARTICULAR INCIDENT, IT WAS JUST A PARTICULAR ATHLETE THAT DID NOT DO THE JOB CORRECTLY TO STEP TO THE SIDE AND TO ALLOW THE PERSON TO FALL DOWN.

THE OTHER ATHLETES WERE DOING THEIR JOB, BUT THIS ATHLETE WAS NOT DOING HER JOB.

>> THEN THIS ONE WAS SINGLED OUT BECAUSE IT WAS HER ROLE TO DO A CERTAIN THING OR TO FOLLOW THROUGH WITH THE [OVERLAPPING]?

>> BY SINGLE OUT, NOT LIKE TO SINGLE OUT, BUT TO COACH THAT PARTICULAR ATHLETE THAT THIS WAS A MISTAKE.

>> BY TALKING TO ONE INSTEAD OF THE GROUP AND SAYING, HEY [OVERLAPPING].

>> I SEE WHAT YOU'RE SAYING. THAT IS CORRECT.

>> I'M TRYING TO ENVISION, THESE WERE FRESHMEN. CORRECT?

>> CORRECT. THESE WERE NEW. THEY'RE COMING FROM MIDDLE SCHOOL WHERE THERE REALLY ISN'T A LOT OF STUNTING THAT'S GOING ON.

IF YOU'VE SEEN OUR PEP RALLIES, THEY'RE PRETTY INTENSE.

MULTIPLE PEOPLE ARE INVOLVED.

ONE GIRL AND A PYRAMID, BECAUSE THAT'S WHAT WE WERE WORKING ON, WAS A PARTICULAR SEGMENT OF THAT PYRAMID.

IF ONE GIRL DOES NOT DO HER JOB, THERE ARE MULTIPLE PEOPLE THAT COULD BE HURT.

IN THIS PARTICULAR ONE, WHEN THAT GIRL MOVES TO THE SIDE, IF SHE HAD FALLEN DURING THAT TIME, AT THE SAME TIME, ANOTHER GIRL WAS SUPPOSED TO BE GOING UP IN THE AIR, SHE WOULD NOT HAVE BEEN CAUGHT WHEN SHE CAME BACK DOWN.

IT IS CRITICAL THAT EVERYONE KNOWS THEIR ROLE AND EVERYONE KNOWS THEIR ROLE BEFORE WE ACTUALLY DO THE PYRAMID, BECAUSE SERIOUS INJURIES, AS WE KNOW, IN SHEAR CAN OCCUR.

IN JUST TWO WEEKS PRIOR TO THAT, WE HAD THE WHOLE PROSPER GIRL WHO WAS PARALYZED.

>> THANK YOU. THIS IS SEPTEMBER 14TH.

CAN YOU GIVE ME A TIMELINE. WHEN DID THESE GIRLS START? SINCE THEY'RE NEW, THEY'RE ALL OBVIOUSLY JUST LEARNING.

>> YEAH. IT'S CALLED BIDS BOOT CAMP.

IN THE SPRING LEADING TO SUMMER, WE ALL WORK OUT.

WE'D ALREADY WORKED OUT FOR ABOUT FIVE WEEKS, CONDITIONING, LEARNING BASIC SKILLS, LEARNING BASIC STUNTS.

THEN WE GO TO CAMP AND WE CONTINUED TO DEVELOP THOSE SKILLS. SORRY, I'M NOT LOOKING AT YOU.

[LAUGHTER] BUT THEN AS WE COME BACK, WE'RE PRACTICING MORE ON GETTING READY FOR THOSE FIRST FOOTBALL GAMES, LEARNING THE MATERIAL.

FOR THE NEW ONES, IT'S A LOT OF CHANCE AND MATERIALLY THEY HAD TO LEARN.

IT WAS ABOUT A COUPLE OF WEEKS IN, THAT WE WERE THEN BEGINNING TO DO OUR PEP RALLY.

WITH OUR STUDENTS WHO ARE INVOLVED IN MULTIPLE OTHER ATHLETICS, WHICH IS GREAT, WE'RE ALWAYS LIMITED ON OUR TIME WITH THEM.

WE HAVE TO TAKE ADVANTAGE OF EVERY SINGLE MOMENT THAT WE HAVE TO REACH THE EXCELLENCE THAT WE'RE KNOWN FOR.

YES, WE STARTED AS SOON AS POSSIBLE AFTER TWO WEEKS INTO THE START OF THE YEAR.

>> THANK YOU.

>> DID I ANSWER THAT QUESTION?

>> I THINK SO. [LAUGHTER] I WAS TRYING TO GET TIMELINE BECAUSE TO ME THEY'RE FRESHMEN,

[00:45:02]

>> YES.

>> I WAS TRYING TO FIGURE OUT, HOW MUCH TIME THEY'VE HAD.

>> BECAUSE WE HAD WORKED SOME IN THE SPRING, LIKE BASIC STUNTS WE'RE TALKING.

I'LL THROW OUT THE WORD PREP.

I'M NOT SURE IF YOU KNOW, BUT LIKE JUST A BASIC PREPS IS WHAT WE'RE LEARNING THERE.

HERE WE'RE NOW DOING THAT AND NOW MOVING IN THAT PREP. THAT'S WHAT THEY WERE LEARNING.

>> THANK YOU. I APPRECIATE THAT.

>> YOU'RE WELCOME.

>> I THINK I HAVE JUST ONE MORE HERE.

I THINK THIS MAY BE FOR THE ADMINISTRATION.

IN VIEWING THE VIDEO AGAIN TOO, LIKE I SAID, I DID SEE THAT THE TWO YOUNG LADIES WHO ARE CONSOLING.

DO WE KNOW THE IMPACT AS OF NOW THAT THIS HAS HAD ON THE STUDENT SINCE THEN? I SEE THE VIDEO AND THAT'S WHY I ASKED ABOUT WHO WAS THERE TO CONSOLE.

DO WE KNOW WHAT HAPPENED AFTERWARDS, WHEN SHE WENT HOME OR OVERNIGHT? BECAUSE I KNOW SHE CAME BACK TO PRACTICE.

THEN SHE FINISHED OFF EVERYTHING.

I JUST TRIED TO FIGURE OUT WHAT HAPPENED AFTERWARDS.

THEN UP TO NOW, WHAT IMPACT THIS HAS HAD ON THIS STUDENT?

>> THE STUDENT DIDN'T PROCESS EXACTLY WHAT HAPPENED ON THAT DAY.

IN MY OPINION IT TOOK HER SOME TIME TO PROCESS THAT.

WHEN SHE LEFT PRACTICE AND WENT HOME, SHE WAS UPSET.

I CAN TELL YOU I'VE BEEN IN CONTINUOUS CONTACT WITH THE FAMILY, BECAUSE WE WANT TO MAKE SURE THAT THE STUDENT IS OKAY ON CAMPUS.

THERE HAVE BEEN STRUGGLES SINCE THEN THAT INCLUDE FEAR OF RETALIATION.

THERE HAVE BEEN STRUGGLES MENTALLY JUST WALKING DOWN THE HALL AND SEEING MR. BIVINS.

THERE HAVE BEEN THINGS THAT HAVE BEEN WRITTEN AND POSTED THAT SHE SEES THAT RESULTS IN CRYING AND BEING UPSET, BECAUSE SHE DOESN'T WANT TO DISAPPOINT PEOPLE.

I SAY THAT BASED ON I'VE BEEN CONTACTING THE PARENTS REGULARLY THROUGHOUT, JUST CHECKING IN ORDER TO SEE HOW SHE'S DOING.

THAT'S SOME OF THE FEEDBACK THAT I'VE GOTTEN MYSELF AND MY ASSOCIATE PRINCIPAL WHO CHECK IN ON HER OCCASIONALLY TO SEE HOW SHE IS DOING.

I WILL SAY SHE HAS BEEN AT YOUR PRACTICE AND SHE'S ENJOYED MORE DAYS THAN NOT.

SHE'S STILL AT SCHOOL, STILL ABLE TO GO TO HER CLASSES, AND DOING OKAY ACADEMICALLY, BUT THERE HAVE BEEN THE STRUGGLES THAT I MENTIONED THAT I'VE HEARD ABOUT THROUGH JUST REGULAR CHECK-INS ON HER AND SEE HOW SHE'S DONE.

>> THANK YOU. ANY ADDITIONAL QUESTIONS FROM BOARD MEMBERS?

>> MS. HARRIS, I'VE GOT ONE MORE.

>> YES, CONTINUE.

>> JUST SO EVERYBODY KNOWS, I'VE GOT THE PACKET OBVIOUSLY, SO KEEP REFERENCING THAT.

THIS IS FROM MR. BIVINS.

IN YOUR RESPONSES TO THE LEVEL 1, LEVEL 2 AND THEN TODAY, YOU SPECIFY THAT SHE WAS LAUGHING AFTER THE INCIDENT.

HOW DOES THAT IMPACT WHERE IT WENT FROM THERE? DID YOU FIND THAT IT IMPACTED IT AT ALL THE LAUGHING OF THE CHEERLEADER? OR DID THAT NOT IMPACT AT ALL?

>> THE LAUGHING WHAT IMPACTED WAS, THERE WAS NO SENSE OF URGENCY OF THE SAFETY FOR THE FLYER THAT WAS IN THE AIR FALLING.

AGAIN, AS MY KIDS WILL KNOW, VERY SERIOUS WHEN WE'RE STUNTING BECAUSE INJURIES CAN OCCUR.

THE DEMEANOR OF LAUGHING AFTER ANOTHER STUDENT FALLS TO THE GROUND AND COULD POTENTIALLY HAVE PARALYZED HERSELF, IS JUST NOT THE RIGHT APPROPRIATE RESPONSE TO THAT.

>> WOULD THAT PERHAPS HAVE DRIVEN YOUR REACTION ONE WAY OR THE OTHER IF IT WAS PRESENT OR NOT?

>> WITH A LAUGHING. BECAUSE THERE'S THE SENSE OF URGENCY I NEEDED THE STUDENTS TO UNDERSTAND THAT, IN THE WORLD OF CHEERLEADING YOU PUT YOUR LIFE, YOUR BODY IN THE WELFARE OF CATCHING SOMEBODY ELSE.

THE FACT THAT THAT WASN'T HAPPENING, YES, FRUSTRATING BECAUSE WE HAVE DISCUSSED WHAT WE NEED TO DO TO KEEP EVERYBODY SAFE.

I TRUST IN THOSE KIDS THAT AFTER WE GO THROUGH THAT SKILL, THAT THEY KNOW EXACTLY WHAT NEEDS TO HAPPEN IN THAT SCENARIO, IF SOMEONE WAS TO FALL.

THEN THAT EVENT SADLY HAPPENS THAT WE DON'T WANT TO HAPPEN, BUT THEN I STEP OUT OF THE WAY AND LAUGH AT IT, IT'S NOT SAFE.

>> THANK YOU.

[00:50:02]

>> IS THERE ANY ADDITIONAL QUESTIONS? MS. PACHECO.

>> I HAVE A QUESTION FOR MR. BIVINS.

I'M CURIOUS, HOW ARE THE STUDENTS SELECTED TO PERFORM CERTAIN ROLES WITHIN THE TEAM? ARE THEY ASKED, DO THEY UNDERSTAND THE LEVEL OF COMMITMENT FOR THOSE ROLES? DO THEY EXPRESS IF THEY'RE COMFORTABLE DOING IT OR HOW DOES THIS HAPPEN?

>> WHEN WE'RE DOING STUNTS, IT'S BASED ON THE HEIGHT OF CHEERLEADERS.

IT'S BASED ON THE STRENGTH AND THE EXPERIENCE OF THE CHEERLEADERS.

IN THE WORLD OF CHEERLEADING, YOU'RE ALWAYS GOING TO HAVE FOR ME AN EXPERIENCED CHEERLEADER WITH ONE THAT'S NOT EXPERIENCED.

THERE'S CONSTANT COLLABORATION AND GROWING WITH ONE ANOTHER TO TALK AND TO TEACH ONE ANOTHER.

WE'RE NOT GOING TO ALWAYS PUT ALL OUR STRONG PEOPLE TOGETHER BECAUSE THE SQUAD NEEDS TO LOOK AS A TEAM AND NOT, I'VE GOT ONE GOOD SUBGROUP HERE AND EVERYONE ELSE IS JUST TRYING TO DO WHAT THEY CAN.

I WANT US TO LOOK UNIFORMED AND I WANT US TO ALL GROW AS A TEAM COLLECTIVELY.

WE LOOK AT THE HEIGHT, WE LOOK AT SKILL LEVEL, WE LOOK AT EXPERIENCE.

NORMALLY NEW INDIVIDUALS ARE PUT AS A FRONT SPOT, AS A LEARNING POSITION AS THEY MOVE INTO BIGGER ROLES.

>> AS A FOLLOW-UP, THAT PARTICULAR STUDENT, BEING THAT THERE ARE NEW STUDENTS, THERE ARE FRESHMEN.

THAT POSITION IS FOR A NEW STUDENT?

>> NOT NECESSARILY, IT'S JUST BECAUSE ALL OF THOSE FRESHMEN COMING IN, MANY OF THEM ARE GOING TO BE NEW TO CHEERLEADING.

AS A FRESHMAN SQUAD, WE'RE LOOKING AT SOME HAD MORE EXPERIENCE THAN OTHERS.

I DON'T GET TO KNOW THEM UNTIL THEY'RE ON OUR CAMPUS BECAUSE THEY'RE AT THE MIDDLE SCHOOL WHEN WE ACTUALLY START THAT BIDS BOOT CAMP.

WHEN I REALLY GET TO KNOW THEIR ACTUAL STRENGTH IS WHEN I'M WITH THEM DAILY.

THEN IF I SAW THAT SOMEONE WAS NOT PERFORMING A POSITION CORRECTLY, THEN WE WOULD SWITCH THAT UP.

OR A GIRL MIGHT ADVOCATE AND SAY, CAN I BE ON THE LEFT SIDE VERSUS THE RIGHT SIDE, BECAUSE THAT'S WHERE I'M MORE COMFORTABLE WITH? AND WE CAN GO THAT WAY.

>> NO ADDITIONAL QUESTIONS? MR. BIVINS, I ACTUALLY HAVE ONE QUESTION FOR YOU.

JUST TO CLARIFY, SO TELL ME ABOUT THE ROLE OF THE FLYER.

>> YOU HAVE THE BASES THAT ARE HOLDING AND THEN YOU HAVE THE GIRL THAT'S IN THE AIR.

YOU HAVE THE BACK SPOT, WHO IS GOING TO HAVE ANYTHING IF THE GIRL IS GOING BACKWARDS AND DOING A LOT OF THE BACK LIFTING.

THE FRONT SPOT IS THERE FOR IF THE GIRL IS TO GO FORWARD AND SHE IS THERE TO HELP.

MANY SCHOOLS DO NOT USE A FRONT SPOT.

BUT FOR OUR STUDENTS, WE NEED FRONT SPOTS, BECAUSE I WANT THE KIDS TO BE SAFE.

THE FRONT SPOT IS THERE, IF THEY WERE TO FALL FORWARD, SHE IS RESPONSIBLE TO CATCH THAT FLYER.

EVERYONE'S RESPONSIBLE FOR THE FLYER, BUT THE FRONT SPOTS SPECIFICALLY GOING THIS WAY.

BUT THE FRONT AND THE BACK TOO, OBVIOUSLY, BOTH HELP IN HOLDING THE STUN UP, BUT THEY ARE DESIGNATED AS THE SPOTTER TO PROTECT BECAUSE THE OTHER GIRLS WILL HAVE THEIR HANDS AND THEIR FEET ARE THE FLYER'S FEET AND THEIR HANDS.

>> IS IN MY UNDERSTANDING IN THIS PARTICULAR SITUATION THAT THE FLYER DID FALL.

IS SHE OKAY, WHAT CAME OF THAT?

>> SHE IS OKAY, BUT HER TRUST IN HER FLYER OR HER TRUST IN OUR BASES ARE NOT THERE.

FROM WHAT I'VE HEARD, SO I HAVE NOT BEEN OBVIOUSLY A PRACTICE.

ONLY FROM THIS CHEERLEADER DO I HEAR THAT SHE JUST DOESN'T TRUST IN HER BASES ANYMORE BECAUSE SHE'S BEEN DROPPED MULTIPLE TIMES.

THAT'S ONE OF THE IMPORTANT THINGS AS A FLYER, AND MY ROLE IS IF A CHEERLEADER COMES TO ME AND IS LIKE MY BASES AREN'T CATCHING ME.

I HAVE BEEN IN CHEERLEADING FOR OVER 30 YEARS.

I'VE SEEN GIRLS KNEECAP OR KNEES BREAK, COMPOUND FRACTURES IN THEIR ARMS, NOSE BUSTED, I HAD WIRE SHUT JAW, I'VE SEEN INTENSE THINGS THAT I KNOW WHAT COULD HAPPEN TO THESE CHEERLEADERS.

I LOST MY SHRINKS. I GOT VERY PASSIONATE ABOUT THAT, I'M SO SORRY.

SAY YOUR QUESTION. I HAD A POINT. I WAS GOING FOR IT.

>> I THINK YOU ANSWERED IT. WE'RE GOOD.

I [OVERLAPPING] WAS WANTING TO UNDERSTAND YOUR FLYER.

>> THE FLYER. THANK YOU SO MUCH.

IN PRACTICES, THE FLYERS WILL COME TO ME AND ASK THAT I SPEAK BECAUSE AS THEIR COACH, I AM A VOICE FOR THEM ALSO BECAUSE I DON'T WANT THEM TO HURT THEMSELVES.

I WILL TALK AND SAY, I WILL TALK WITH YOUR BASES AND SO FORTH.

[00:55:01]

>> THANK YOU SO MUCH.

>> THANK YOU FOR BRINGING THAT UP BECAUSE I KNEW I HAD A POINT THERE.

>> ABSOLUTELY. ANY ADDITIONAL QUESTIONS, BOARD? THANK YOU.

THE LEVEL THREE GRIEVANCE PRESENTATIONS ARE NOW CONCLUDED.

I WILL INSTRUCT THE BOARD MEMBERS REGARDING THE PROPER PROCESS OF REACHING A DECISION IN THIS CASE.

NOW THAT THE BOARD HAS HEARD THE APPEAL, THE BOARD HAS AT LEAST TWO OPTIONS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING.

ONE, THE BOARD MAY VOTE TO GRANT THE GRIEVANCE, WHICH MEANS THAT WE HAVE DETERMINED THAT MR. BIVINS SHOULD BE GRANTED THE RELIEF REQUESTED IN THE GRIEVANCE.

TWO, OR THE BOARD MAY VOTE TO DENY THE GRIEVANCE, WHICH MEANS THAT WE HAVE DETERMINED THAT MR. BIVINS IS NOT ENTITLED TO RELIEF REQUESTED.

THROUGHOUT HIS DECISION-MAKING PROCESS, THE BOARD SHALL ONLY CONSIDER THE GRIEVANCE PRESENTATION AND THE ADMINISTRATIVE RESPONSE PRESENTED THIS AFTERNOON AT THIS MEETING AS WELL AS THE DOCUMENTS IN THE RECORD.

WE MAY NOT CONSIDER ANY STATEMENT, RUMOR, OR OTHER INFORMATION THAT WE MAY HAVE HEARD OUTSIDE OF THIS HEARING.

THE BOARD WILL NOW EXCUSE ITSELF TO CONSULT WITH LEGAL COUNSEL IN CLOSED SESSION

[III. ENTER CLOSED MEETING in accordance with the Texas Open Meetings Act, Texas Government Code, including but not limited to Section 551.071 - Consultation with Attorney and Section 551.0821 - Personally Identifiable Information About Public School Student.]

THANK YOU ALL FOR COMING. [NOISE] HELLO, WE HAVE RETURNED FROM CLOSED SESSION AND ARE RECONVENING INTO AN OPEN SESSION

[IV. RECONVENE in Open Meeting to vote on matters considered in Closed Meeting, if applicable.]

I WOULD LIKE TO REMIND EVERYONE OF MY STATEMENTS EARLIER IN REFERENCE TO THE DECORUM HERE IN THE AUDITORIUM.

PLEASE BE RESPECTFUL AS WE MAKE A MOTION HERE TONIGHT.

I'D LIKE TO REMIND YOU THAT IF ANYONE DISRUPTS THE PROCEEDINGS, IT WILL NOT BE TOLERATED AND WE WILL ASK YOU TO LEAVE THE AUDITORIUM.

WE THANK YOU FOR RESPECTING THAT.

WITH THAT BEING SAID, IS THERE A MOTION REGARDING THE GRIEVANCE?

>> YES, MS. HARRIS? I HAVE A MOTION.

>> THANK YOU, MR. POTEET.

>> I'D LIKE TO LEAD OFF FIRST WITH MR. BIVINS AGAIN, LIKE I SAID EARLIER, WE ALL APPRECIATE 24 YEARS OF SERVICE.

AGAIN, FOR ANY OTHER TEACHER STAFF WE HAVE OUT THERE, THAT'S A MARK TO TRY AND MATCH AND EXCEED, AND WE APPRECIATE THAT COMMITMENT TO THE DISTRICT REALLY DO.

THE SECOND THING I WANTED TO BRING UP IS WE DISCUSSED WHAT WE REALLY APPRECIATED WAS THE COMMON DENOMINATOR ON BOTH SIDES OF THIS IN SAFETY.

SAFETY CAME OUT ON BOTH THE GRIEVANCE SIDE AND THE ADMINISTRATION SIDE.

SAFETY AS WE DISCUSSED WE WORKED THROUGH WE LOOK IN POLICY INCLUDES BOTH PHYSICAL, MENTAL, AND EMOTIONAL, AND NOT ONLY JUST STUDENTS BUT ALSO OUR STAFF.

WE APPRECIATE SEEING THAT COMMON DENOMINATOR.

WE DON'T TAKE THIS DECISION LIGHTLY, WE DON'T TAKE ANY OF OUR LEVEL 3 GRIEVANCES LIGHTLY AND WE KNOW THAT NO MATTER WHAT DECISIONS ARE MADE ON THIS GRIEVANCE OR ANY OF THEM, THERE'S AN IMPACT ON THE GREATER DISTRICT, TO RHS, TO FAMILIES, STUDENTS, AND STAFF.

I JUST WANTED TO MAKE SURE THAT YOU UNDERSTAND THAT WE UNDERSTAND THAT AS WELL.

ULTIMATELY, THE BOARD MUST DECIDE, DID THE ADMINISTRATION HAVE THE AUTHORITY TO REMOVE MR. BIVINS FROM HIS ROLE AS CHAIR SPONSOR AT RHS? THEREFORE, BASED ON ALL THE INFORMATION IN THE RECORD BEFORE US IN THIS GRIEVANCE, I MOVE THAT THE BOARD DENY MR. BIVINS' GRIEVANCE.

>> IS THERE A SECOND?

>> SECOND.

>> THANK YOU. THERE IS A MOTION BY MR. POTEET, AND A SECOND BY MS. PACHECO.

IS THERE ANY DISCUSSION? HEARING NONE, ALL IN FAVOR, PLEASE RAISE YOUR HAND.

MOTION PASSES BY ZERO.

THIS ACTION WILL SERVE AS MR. BIVINS' NOTICE OF THE BOARD'S DECISION.

THIS GRIEVANCE IS CONCLUDED AT 06:20 PM.

THANK YOU. WE'RE GOING TO TAKE A QUICK BREAK AND WE WILL BEGIN OUR BOARD MEETING FOR THE NIGHT.

* This transcript was compiled from uncorrected Closed Captioning.