Lack of Action From School Board and Superintendent Causes Presentation of Grievances

LARWILL-Following a 5-minute break, approximately an hour into Monday’s School Board Meeting, two grievances were presented to the School Board. Also in attendance were Eric Hylton of Riley Bennet Egloff LLP, a lawyer representing the Whitko Classroom Teachers Association, and Jon Mayes of Bose McKinney and Evans LLP, a lawyer advising the school board.

Though Hylton began by calling Interim Superintendent Dr. Tom Edington as a witness, Mayes insisted that Dr. Edington’s consent was needed. Hylton pointed out that as the acting Public Access Counselor for grievances and the person who had responded to the grievance prior that Dr. Edington was already an integral component involved in the situation, but Dr. Edington said he would “respectfully decline” to testify. Hylton again asked for confirmation that Dr. Edington, as the person who denied the grievance, still refused to help in resolving the situation, and Mayes affirmed this and suggested they move on to the next witness.

When Mayes tried to swear in Whitko Teacher Antimony Fox, Hylton brushed him off and said it was an unnecessary procedure. There was some argument then about following rules, and Hylton made it clear that if the school board’s lawyer had no intention of allowing integral witnesses to be called, then he would not enforce that his witness must be under oath for her statement, and that a simple agreement to tell the truth would suffice.

Through Hylton’s questioning, 11-year Whitko Teacher and President of the Whitko Classroom Teachers Association, Fox, explained that Whitko teachers employ a Sick Leave Bank, in which teachers pay in a day each year to “save” so that if ever those days are needed, they have them available. This program is an opt-out program, so every teacher is in it each year unless they actively choose to withdraw. The days are deducted and added to the pool by the HR department; teachers do not voluntarily add their own days. Whitko Teacher Dawn Rummel attempted to draw eighteen days last school year, after expending her available personal days and unpaid FMLA time. Though the decision to allow her to access those days belonged entirely to the Whitko Classroom Teachers Association, Whitko’s HR department denied Rummel’s request. When a grievance was filed by the Association in June, Dr. Edington responded, claiming that school policy stated that since Rummel had never paid into the Sick Leave Bank, she could not draw from it. However, as this was an opt-out program and Rummel did not opt out, it would seem she was indeed enrolled. Through the reading aloud of the established processes concerning the Sick Leave Bank, Hylton and Fox successfully made their points clear to the school board and asked them to overrule Dr. Edington’s former denial of the grievance and his ruling in the situation.

Lynn Leininger then shared his report “from the administrative side of things,” explaining the details about the timing and specifics of Rummel’s leave, and added the rules state that applicants must have donated to the bank to receive those days and said, “Whitko has searched, and there are no records of the teacher in question donating a single day to the bank. Our search of records indicated the teacher in question is the only teacher to believe she is in the Sick Leave Bank but never donated a sick leave day.” The forms used in onboarding new teachers and informing them of the process involving the Sick Leave Bank are not clear in their language, said Leininger, and Whitko recommended that the board update the forms appropriately and partially grant Rummel’s request, allowing her fifteen and a half days of sick leave pay, minus the one she would need to pay into the bank, as at the time of her request, Rummel still had four available sick and personal days that she could use during her FMLA leave that she could expend first.

The school board approved this result and voted in favor unanimously.

Photo byMelany Love

The next agenda item was a second grievance attended by the same two attorneys and was on behalf of teacher Dawn Rummel, to provide her the opportunity to be heard. This grievance was brought directly to the board as part of an exception allowing this for certified staff under specific conditions. Hylton shared that Rummel has claimed sexual harassment against former Whitko Superintendent, Tim Pivarnik. Sexual harassment claims require an investigation upon reception, but when Rummel first complained to the school corporation about the situation in May 2024, policies and processes were not followed, and no investigation was done, despite other complaints in the district concerning Pivarnik. As a result, said the attorney, Rummel has been forced to bring the issue as a Grievance, through the Collective Bargaining Agreement. This is not the first time that Whitko has been accused of not following their own policies, especially in regards to grievances. Hylton cited the new appointment of compliance officers earlier in the meeting and said he hopes the new people will now provide a response. School Board President Annette Arnold thanked Hylton and said they would “take this under advisement,” and the school board meeting was adjourned.