Ms Dr. Jackson, MARK BUTLER, Commissioner, Georgia CIVIL ACTION FILE No; Department of Labor AND ee yee ATLANTA PUBLIC SCHOOLS | Sos Cy asVAhIVG A/K/A ATLANTA INDEPENDENT SCHOOL SYSTEM, Respondents. | PETITION FoR JUDICIAL REVIEW OF Fina ACTION By THE GEORGIA DEPART ‘T OF LABOR - BOARD OF REVIE Petitioner, TORI JACKSON (hereinafter “Dr. Jackson”) files this Petition for judicial review of the Georgia Department of Labor Board of Review's adverse determination in the matter of Tori Jackson v, Atlanta Public Schools, Docket No. 29453B-14 and respectfully shows the court the following: INTRODUCTION 1 This action is brought by Dr. Jackson to recover for the wrongful denial of unemployment compensation benefits. Dr. Jackson was a courageous whistleblower who exposed child abuse and was subsequently retaliated against bythe Atlanta Public Schools. She was hired in the fall of 2013 as a special education de “eacher by the Atlanta Public Schools. Subsequently, she uncovered and exposed terrible child abuse committed by the paraprofessionals against her class of severely autistic special needs children. After setting up video cameras in her classroom which uncovered the abuse and subsequent to her discovering this abuse herself and immediately reporting it within the 24 hour required time period, Atlanta Public Schools engaged in a cover-up of immense proportion. Dr. Jackson was forced to report the abuse solely by herself to the Atlanta Police Department and Child Protective Services because Atlanta Public Schools had not done so, despite being made aware of the abuse and given the actual videotapes by Dr. Jackson, Atlanta Public Schools failed to question or interrogate Dr. Jackson about the abuse for approximately two months’ time, until she was forced to go on Nancy Grace, CNN, and the six o’clock news to address it. Only then at that point, afier facing yet another scandal in the media, did Atlanta Public Schools call her in to ask her questions about what had occurred by one of their Employee Relations Officer, a lawyer. They then terminated her, falsely blamed her as responsible and claimed that she knew about the abuse and failed to report it--a reprehensible lie. Despite being hailed as a courageous whistleblower whose actions were praised by both the Assistant District Attorney and the parents of these children, the Atlanta Public Schools engaged in a PR spin campaign, actually puttingtogether media talking points for their Board of Education that blamed their own whistleblower responsible for saving these children from abuse. At the unemployment hearing, Atlanta Public Schools claimed that the video clips (which Dr. Jackson taped and which she herself provided to her employer, Child Protective Services, and the Atlanta Police Department) showed that Dr. Jackson was in the classroom when the abuse was occurring and witnessed the abuse---in spite of the fact that Dr. Jackson clearly showed at her unemployment hearing that during each specific incident of abuse she was either outside the classroom, behind a partition wall, or out of eyeshot when the paraprofessionals physically abused the children. In sum, the Atlanta Public Schools’ argument is not only unconscionable but nonsensical and would imply that Dr. Jackson is the stupidest criminal possible who would set up a video camera, knowingly film herself when child abuse is occurring in her presence, and then deliberately take these videos and give them to her employer, to Child Protective Services, and to the Atlanta Police Department to implicate her own self. The sad reality is that the Atlanta Public Schools, continues to maintain a culture of fear that lingers on which punishes its whistleblowers. This happened throughout the APS cheating scandal and is continuing to happen to date in spite of the change in leadership. To this very date, APS continues to retaliate against thiswhistleblower, to the point of where they not only robbed her of her job, her livelihood, her professional reputation, her emotional wellbeing, and her ability to ever gain an educational job in the future after destroying her good name----they are now are seeking to deny her the very means to keep a roof over her head and food on her children’s table by denying her basic unemployment benefits. 2. Under Georgia law, the Petitioner is entitled to benefits inasmuch as the discharge was not due to any deliberate, willing or knowing failure to obey orders rules or instructions or for any deliberate, willing or knowing failure to discharge the duties for which she was employed. JURISDICTION AND VENUE 3. The Superior Court of Fulton County has jurisdiction and venue over this Complaint pursuant to 0.C.G.A. § 34-8-223, Dr. Jackson further shows the court that no filing fee or other charges may be charged by the court or any officer thereof in connection with this proceeding, pursuant to O.C.G.A. § 34-8-251. 4, Venue is also proper pursuant to Ga, Const. Art. 6, § 2, $f Ill and V1 because the employer Atlanta Public Schools maintains its offices and transacts business inFulton County, Georgia, and because the events that give rise to this petition occurred in Fulton County. PARTIES 5. Dr. Jackson is @ resident of Georgia and was last employed by Atlanta Public Schools in Fulton County, Georgia. Plaintiff submits herself to the jurisdiction of this Court. 6 Respondent MARK BUTLER is the Commissioner of the Department of Labor, an agency of the State of Georgia, and is subject to the jurisdiction of this, Court. ae Respondent Employer Atlanta Public Schools is located in Fulton County, Georgia, and is subject to the jurisdiction of this Court. ‘STATEMENT oF Facts 8. Dr. Jackson was employed by Atlanta Public Schools as a special education from July of 2013, to June of 2014, when she was separated from her job, 9 Dr. Jackson then filed a claim for unemployment compensation benefits withthe Georgia Department of Labor and a claims examiner at the Georgia Department of Labor determined Dr. Jackson was in fact eligible to receive unemployment benefits on or about June 29, 2014, 10. The employer appealed and a hearing was scheduled for August 25, 2014, for which the Dr. Jackson was not aware of, had not received notice of, and thus did not appear for. uM. ‘The Hearing Officer released a decision on August 26, 2014 and the Dr. Jackson immediately filed a show cause appeal. 12, A hearing was scheduled for October 17, 2014 and that hearing was continued for October 24, 2014. 13. A decision was later issued by the hearing officer on October 29, 2014, Teversing the Georgia Department of Labor’s original determination allowing, benefits, asserting that Dr. Jackson was at fault in the discharge and should be disqualified from the receipt of unemployment benefits.14, ‘The Dr. Jackson timely appealed to the Board of Review of the Georgia Department of Labor on November 3, 2014. 15. ‘On December 22, 2014, the Board issued a decision affirming the hearing officer's decision, 16. On January 4, 2015, the Dr. Jackson filed a Motion for Reconsideration and a decision was issued on January 30,2015, 7. The decision of the Board of Review is the final decision of the Department of Labor. Dr. Jackson now files this timely Petition for Judicial Review. 18. The Dr. Jackson was granted until February 14, 2015 to appeal the decision to the Superior Court. This date falls on a Saturday, thus the deadline for appeal is Monday, February 16, 2015, except the courts were closed on Monday, February 16” due to inclement weather. As such, the deadline to appeal the decision is Tuesday, February 17" of which Dr. Jackson now files her appeal.COUNT ONE ‘Tue BOR DECISION SHOULD BE REVERSED 19, The Dr. Jackson incorporates by reference all of the preceding paragraphs of. the Petition, 20. The decision from which Dr. Jackson appealed and thus the Board of Review’s affirmation of that decision is invalid in that: (a) Itis not supported by evidence inasmuch as Dr. Jackson was not at fault nor responsible for the false allegations that allegedly caused her discharge; and (b) It is contrary to statutory, constitutional, and other law requiring that disqualification be on account of a deliberate, willing or knowing failure to obey orders rules or instructions or for a deliberate, willing or knowing failure to discharge the duties for which Dr. Jackson was employed. RELIEF WHEREFORE, Dr. Jackson prays: (a) That service of both Respondents be made to the Commissioner ofLabor pursuant to O.C.G.A. § 34-8-223; (b) That the court set up a briefing schedule and put this case on a motion calendar for oral arguments: (c) That this court review and reverse the decision of the Board of Review, or remand it to the agency as it deems appropriate; and (d) That the Court grant such other and further relief as it deems equitable and just. Respectfully submitted this 17™ OF FEBRUARY 2015, WILLIAMS OINONEN LLC Telephone: 404-654-0288 Facsimile: 404-592-6225 julie@goodgeorgialawyer.com Pro-Bono Counsel for Dr. Tori Jackson