Harassment claims by Sikeston teachers remain unfounded

SIKESTON, Mo. -- Claims by two Sikeston School District teachers that they were harassed and discriminated against for their anti-Common Core beliefs remain unfounded following a review of the case by a federal district judge.

The level-two investigation review findings were revealed Tuesday during a special meeting of the Sikeston School Board.

Federal District Judge Stephen N. Limbaugh Sr. conducted a review of the previous investigation and exhibits, superintendent Tom Williams said Tuesday.

"He found there was no violation of board policy AC, reaching the same conclusion as the level one investigator," Williams said.

Williams said initial findings of the investigation were presented during the May 13 regular monthly school board meeting.

The level-one investigation, which was conducted by Michelle Basi, a lawyer from Tueth, Keeney, Cooper, Mohan and Jackstadt of St. Louis, began following a March 26 hearing of the Senate Education Committee in Jefferson City, Missouri, where Susan Kimball, who teaches kindergarten in the Sikeston district, told lawmakers she was denied the use of a personal day to testify before the committee and that she was strongly discouraged from saying anything negative about Common Core.

Sikeston fifth-grade teacher Tonya Pobst also testified at the March 26 hearing in support of bills that prohibited the implementation of Common Core. She, too, said she was denied the use of a personal day the day of the hearing.

As a result of the teachers' testimonies before the Missouri Senate Education Committee, Williams recalled how the school board directed the local compliance officer to assign an independent third party to conduct an investigation and issue a report regarding Policy AC, titled "Prohibition Against Discrimination, Harassment and Retaliation."

Williams said the allegations that were investigated included whether the individual teachers were denied personal days because they intended to participate in a rally, testify before the Senate Education Committee or engage in any other type of protected activity.

The second allegation investigated was whether staff members in the Sikeston School District were directed not to speak negatively about Common Core or were otherwise discouraged from speaking negatively about it.

Also investigated were allegations of whether the teachers or staff members were bullied, intimidated or ostracized for speaking out negatively about Common Core; and whether the district engaged in "lies" and "deceit" with respect to the administration of assessments.

Based on 36 interviews and 38 exhibits presented by those being interviewed, all allegations were unfounded, Williams said of the level one findings. There was no evidence of a violation of law or Board Policy AC, he said.

In addition, there was no evidence of any intent, policy, practice or directive to limit the rights of the district teachers to speak out on matters of public concern, including Common Core, Williams said.

Following the May 13 school board meeting, Kimball and Pobst requested an appeal of the level one decision by the third-party investigator.

The superintendent said in accordance with Board Policy AC and given the nature of the allegations, it was then decided under Board Policy AC that an independent third-party investigator should conduct the level two appeal, prompting Limbaugh's review.