MIDDLEBURY COMMUNITY SCHOOLS/KEVIN PACK PRIVATE CONFERENCE WITH THE BOARD OF SCHOOL TRUSTEES FINDINGS OF FACTS AND CONCLUSIONS 1. Findings of Facts- Please Check ALL That Apply. & 1. On August 6, 2013, Kevin Pack (“Mr. Pack”) signed a Regular Teachers Contract (the “Contract”) with Middlebury Community Schools (the “Corporation”) and is considered under Indiana law a probationary teacher at Northridge High School (“NHS”). (Section 1 of Exhibit Book). & 2. Mr. Pack’s Contract with the Corporation is for the school term beginning, August 12, 2013 and ending on June 2, 2014. (Section 1). ) 3. Mr, Pack’s Contract explicitly states that it may be cancelled during its term for any of the grounds set forth in Ind, Code § 20-28-7.5-1(e). (Section 1). 4. On February 24, 2014, NHS Principal Mr. Rasler (“Mr. Rasler”) issued Mr. Pack a Notice of Preliminary Decision of Immediate Cancellation of Contract (“Notice”). (Section 1). LM 5. The Notice cited immorality, insubordination, neglect of duty, and other just cause as some reasons for Mr. Pack’s Contract cancellation. (Section 1). M6. On February 28, 2014, Mr. Pack requested a private conference with NHS Superintendent Jane Allen (“Jane Allen”) prior to Jane Allen making a written recommendation to the governing body regarding the cancellation of Mr. Pack’s Contract, pursuant to Ind. Code § 20-28-7.5-2. (Section 1). 7. On March 10, 2014, Jane Allen met with Mr. Pack in a private conference regarding the preliminary decision to cancel Mr. Pack’s Contract. (Section 1). 8 On March 11, 2014, Jane Allen wrote a recommendation to the Board of School Trustees (“School Board”) that Mr. Pack’s teaching Contract be cancelled, effective immediately upon the final decision of the school board. (Section 1). M9. On March 14, 2014, Mr. Pack submitted a Request for a Conference with the Governing Body to David Black, who is the President of the Schoo! Board, pursuant to Ind, Code § 20-28-7.5. (Section 1) [X 10. On March 18, 2014, Sharon Frazer, Mr. Pack’s union representative, confirmed via e-mail to reschedule Mr. Pack’s private conference with the Schoo! Board from Monday, March 24, 2014 to Tuesday, April 1, 2014 at the Corporation's administration building, (Section 1).(11. On October 2, 2013, Mr. Pack was observed by Mr. Rasler and he received a performance evaluation with mostly “Developing” ratings. (Section 2) QR 12. On November 6, 2013, Mr. Pack was observed by Mr. Rasler and he received another performance evaluation with mostly “Developing” ratings. (Section 2). XK] 13. Mr. Rasler did not observe improvement in Mr. Pack’s performance that he normally observes and experts from new teachers Df 14. On December 11, 2013, Mr. Rasler completed a Teacher Summary Rating Form where Mr. Pack received a “Developing” rating in all but five categories (two of the five received a “Not Demonstrated” rating) and an Overall Rating of “Developing” for Standards one through five (I-V). (Section 2). Yl 15. In the Comments section of Pack’s Teacher Summary Rating Form, Mr. Rasler stated: not following directive to collaborate with other German teacher; lack of consistency in curriculum and assessment; numerous referrals by students/parents concerning tone and content when speaking to students (students do not feel respected when they do not know material); upper level German students do not feel challenged with new and appropriate material (grammar and sentence structure learning minimal); lack of communication with students harms students’ learning and they often feel frustrated with lack of consistency; and struggling in his multi-level instructional position. (Section 2). 16. On February 13, 2014, Mr. Pack was observed by NHS Assistant Principal Stephen Troyer and he received mostly “Developing” ratings. (Section 2). QQ 17. In the Comments section of Pack’s February 13 evaluation, Stephen Troyer stated: not enough German spoken by teacher and students for highest level of German offered at NHS; students spoke no more than twenty-five percent (25%) of their conversations in German; Mr. Pack gave some instructions in German but usually had to follow these up with instructions in English. (Section 2). WW 18. On February 20, 2014, Stephen Troyer had a post-observation conference with Mr. Pack concerning the February 13, 2014 observation. Mr. Troyer summarized three (3) areas of concern which he found need attention: (1) Mr. Pack left the room at the beginning of class; (2) he did not go with his students at first when they left the room to g0 film a video covering a film they had viewed in class; and (3) the students were not conversing enough in the German language. Mr. Pack was also told that anything of a personal nature concerning his job performance, working conditions, observations or any other nature affecting only him must not be sent out on e-mail to the entire staff. (Section 2.OR 19. Mr. Pack showed a movie titled “Lola Rennt” (“Run Lola Run’) to his Level One (1) German class, made up primarily of freshmen and sophomores who are under the age of seventeen (17). (Section 3). 20. “Lola Rennt” is rated R in the United States. (Section 9). (K 21. “Lola Rennt” features scenes which represent two (2) individuals engaging in sadomasochism, The individuals are wearing tiny leather costumes. The male is pictured bent over a sofa, wearing nothing but a dog collar and a leather thong. The female is wearing leather lingerie while holding the male on a leash and winding up to strike him with a whip. (Section 9). §Q 22. “Lola Rennt” contains multiple spoken swear words, including “Fuck,” “Fucking Bitch,” “Damn,” and “Shit.” (Section 9). 23, Several students expressed concems to building level administrators and their parents about struggles with their command of the German language due to a lack of review/lack of proper teaching methods to become familiar with the German language after bredk. (Section 3). Ml 24. Students expressed that they felt disrespected by Mr. Pack, because he laughs at students’ answers. (Section 3). 25. Students mentioned that Mr. Pack will occasionally yell or get angry if'a student does not know the correct answer to a question. (Section 3). fH 26. Students reported that Mr. Pack will occasionally interrupt the students, sometimes with a comment that is irrelevant to what is being discussed in class. (Section 3). [Xl 27. Several students complained that Mr. Pack’s classroom is sloppy and disorganized. (Section 3). (XI 28. Students complained that Mr. Pack’s lack of organization and guidance often made it difficult to follow what was happening in class. (Section 3). [A 29. Students stated that the curriculum is confusing, because they are never sure what they are going to learn in class or when to take notes. (Section 3). {J 30. Students stated that Mr. Pack has created a negative atmosphere where many students do not plan on taking future German classes at NHS. (Section 3). KI 31. Mr. Pack showed his Level Four (4) German class “The Blue Angel.” (Section 3). OM 32. “The Blue Angel” features a teacher who marries a woman who is a showgirl at a nightclub. (Section 3).DY 33, “The Blue Angel” features individuals consuming alcohol (including the teacher and his college students). (Section 3). PX 34. Several students stated that they felt uncomfortable watching “The Blue Angel” due to its subject matter as well as the fact that Mr. Pack told the students that he “related well with the main character (the teacher).” ‘The students made Mr. Pack aware of their discomfort. (Section 3). 35, Students stated that Mr. Pack told them that “The Blue Angel” was part of the NHS curriculum and when they expressed their opinion about their discomfort with the movie, ‘Mr. Pack told the students that they could “try to get [him] fired, [he doesn’t] care. [He has] more important things to worry about than some silly teenage drama.” (Section 3). ® 36. Several students complained that Mr. Pack tests and quizzes them over topics never covered in class. (Section 3). O37. Students stated that Mr. Pack occasionally leaves the classroom during student presentations. (Section 3). Df 38. several students stated that Mr. Pack has used swear words in front of students, using the words “Fuck” and “God Damn.” (Section 3). O€ 39, students stated that Mr. Pack told the class an inappropriate Jewish joke during a lesson over the Holocaust. (Section 3). PX 40. Several students stated that they received A’s and/or A+’s for work which they had never completed. (Section 3), BI 41. Several students complained that Mr. Pack loses students’ work. (Section 3). BY 42. Several students complained that when Mr. Pack gave the semester final exam, he allowed the students to grade their own exams. This exam was a common assessment that was required by NHS to be given to all Level Two (2) German students. The results, of this exam were used to assess how well the students were performing in German class. (Section 3). £1 43. Parents expressed concern to Mr. Rasler that their children had fallen behind and would like a plan for those of Mr. Pack’s students who would like to continue taking German class with another teacher, (Section 4). Ml 44. Parents expressed concern to Jane Allen that their children ced their M44. Par ed Jane Allen that their children had asked thei permission to drop plans of taking future German classes due to their experiences in Mr. Pack’s class. (Section 4).EG 45. Parents stated that they were forced to purchase Rosetta Stone German one through five (1-5) for their children’s supplemental studies due to their lack of progress in Mr. Pack’s class. (Section 4), x 46. On December 3, 2013, the day before the German field trip, Patti Miller informed Lisa Teitsma, a NHS German teacher, that Mr. Pack would not be chaperoning the German filed trip with Lisa. (Section 5). AY 47. Mr. Pack had told Lisa Teitsma during the month of October that he would be helping to chaperone the German class field trip. (Section 5) Bf 48. Mr. Pack’s reason for not attending the German class field trip was that he did not want to lose that time with his IB class, even though all but three IB students were attending the trip. (Section 5). BX 49. On December 6, 2013, two students came into Lisa Teitsma’s classroom, one crying, and both stated that Mr. Pack accused the crying student of starting an uprising army or revolution against him, after they had told Mr. Pack that “The Blue Angel” had highly offended them. (Section 5). & 50. On December 10, 2013, students brought a book down to Lisa Teitsma’s classroom titled (in German), something along the lines of “All the German You Were Never ‘Taught in School.” The book featured nude drawings, foul language, and sexual content (even involving animals). ‘The students said that Mr. Pack had pointed the book out to them at the beginning of the year and leaves it out for perusal on his counter. The students noted that they were offended by the book. (Section 5). B51. On October 11, 2013, NHS foreign language chairperson, Amy Castillo received a phone call from one of Mr. Pack’s students and the student’s parent concemed with Mr. Pack’s lack of organization and structure for teaching and lesson planning. (Section 5). J 52. On November 20, 2013, Mr. Pack informed Amy Castillo at the end of the day that he would be missing the next four school days because of a doctor appointment and that, he would be returning to Nebraska to winterize his home. November 21, 2013 was Parent/Teacher conferences. (Section 5). 53. On December 4, 2013, Mr. Pack arrived late at approximately 8:40 a.m., because his headlight allegedly was not working property. Mr. Pack was supposed to collaborate with Todd Woodwerth that day. (Section 5). £4 54. On December 4, 2013, Mr. Pack’s students were standing in the hallway for more than five minutes after the bell for third block had rung. (Section 5).OF 55. Amy Castillo stated that on December 4, 2013, Mr. Pack said he missed the German field trip because he was never invited and never informed Lisa Teitsma that he was not going. (Section 5). BW 56. Mr. Pack regularly Kept students locked out of his classroom right up until schoo! began and often between classes. (Section 5). DY 57. On December 11, 2013, Mr. Pack again arrived late for the start of school at approximately 8:40 a.m. (Section 5). QQ 58. On December 12, 2013, several students reported getting the mid-term exam with answers given to them, (Section 5). & so, Several NHS employees have removed their own children from Mr. Pack’s class. (Section 5). RI 60. Several NHS employees have stated that they do not feel safe working in the same building as Mr, Pack. (Section 5). By 61. Several NHS employees expressed concerns for Mr. Pack’s stability; one even stated that she fears that Mr, Pack will go “Postal.” (Section 5). DY 62. On February 19, 2014, without any forewaming, Mr. Pack left his study hall classroom for Dan Shroyer to supervise in the library, in contravention to NHS’s effort to refrain from doing this to the library staff. (Section 5). © 63. On February 14, 2014, Mr. Pack failed to attend a faculty meeting, as requested by Mr. Rasler. (Section 7). (H 64. On January 15, 2014, Mr. Pack was not in attendance at a full faculty professional learning community training session. (Section 7). Ef 65. Mr. Pack acknowledged in a February 13, 2014 e-mail that he would not be attending the February 14, 2014 meeting because he was feeling ill and he wanted to save his peers from getting sick. However, Mr. Pack still came to the building and taught his students that day in a room that is considerably smaller than the library (where the faculty meeting took place). (Section 7). & 66. On February 18, 2014, Stephen Troyer wrote Mr. Pack an official written reprimand for his failure to attend the February 14, 2014 meeting. (Section 7). {) 67. On January 7, 2014, a teacher work day was scheduled to be made up, and Mr. Pack did not report for work that day. Mr. Pack did not call or e-mail any NHS administration or staff to explain that he would not be in attendance for the work day. (Section 8).AR 68. Mr. Rasler contacted Mr. Pack to inquire about his absence on January 7, 2014 and learned that Mr. Pack was in Nebraska. (Section 8), (A 69. Mr. Pack often belatedly retuned from lunch through a secure door which no students or stuff are supposed to open during the school day and requested that his own students opened the door for him, in violation of NHS security protocol. (Section 8). 70. on December 11, 2013, during Mr. Pack’s Mid-Year Evaluation Conference, Mr. Pack refused to answer Mr. Rasler’s question regarding whether Mr. Pack had tried to initiate collaboration with the other German teacher, Lisa Teitsma. (Section 8). QR 71. Following the December 11, 2013 conference between Mr. Rasler and Mr. Pack, Mr. Rasler went to Mr. Pack’s classroom to tell him that he would extend the time for a written response for two (2) documents regarding Mr. Pack’s evaluation and concems about Mr, Pack’s teaching performance. Upon Mr. Rasler’s entrance into Mr. Pack’s classroom, Mr. Pack held up his hand and told Mr. Rasler to get out of the room because it was his thirty (30) minute duty free lunch and he did not have to speak with Mr. Rasler at that time, (Section 8). fH 72. On February 18, 2014, Mr. Pack sent an e-mail to all NHS staff stating that he will only be in attendance at required meetings if they are during the times of his required duty hours, stating that his regular teacher’s Contract specifically states that he is to work seven and one-half (7) hours per day. Mr. Pack went further, stating that he was never compensated for attending required meetings during his non-duty time, nor was he ever told that he would not be compensated for attending said meetings. Mr. Pack described that he expected to be fully compensated for attending those meetings and closed the e- mail by stating that he will not work past his duty time of seven and one-half (714) hours per day, as stated in his Contract, (Section 10). QF 73. On December 11, 2013, in response to a staff e-mail from Mr. Rasler where Mr. Rasler stated “Merry Christmas” and offered that the staff pray for good weather to avoid school cancellation during finals, Mr. Pack responded to the entire NHS staff by stating that he is “an atheist and a mystical sky daddy has nothing to do with the weather.” (Section 10). [B+74. Several members of the NHS staff complained about Mr. Pack’s December 11, 2013 e-mail, finding it highly offensive and inappropriate. (Section 5) (A 75. The first time Mr. Pack alleged religious harassment was December 16, 2013, which was only five days (three school days) after he had received a poor performance evaluation and was given a document with a narrative written by Mr. Rasler indicating some concerns about his teaching performance and conditions for improvement. ‘The document also stated that while no decisions were being made at that time, Mr. Pack 7must improve his teaching performance in order to continue his employment at NHS. (Section 8, Section 22). (4.76. The second time Mr. Pack alleged religious harassment was February 6, 2014, just ‘two days after Stephen Troyer had observed Mr. Pack’s classroom and given him some areas of concern and conditions for improvement. (Section 22). Il Conclusions- Check All That Apply. {1 1. Based on the statements of facts, Mr. Pack’s actions constitute immorality, BX 2. Based on the statements of facts, Mr. Pack’s actions constitute insubordination. Ag 3. Based on the statements of facts, Mr. Pack’s actions constitute a neglect of duty. (4, Based on the statements of facts, other just cause justifies the immediate cancellation of Mr. Pack’s Contract.ORDER IT IS THEREFORE CONSIDERED AND DETERMINED by the Middlebury Community Schools Board of School Trustees that, based on the findings of facts and conclusions above, the probationary teaching Contract of Kevin Pack is cancelled, effective immediately. SODETERMINED THIS day of AZ&/C_, 2014 VOTING FOR THE MOTION TO ADOPT THE FINDINGS OF FACTS, CONCLUSIONS, VOTING AGAINST THE MOTION: