July 15, 2014 Dr. Jo Harrington A iatant Superintendent Hurst-Euless-Bodford ISD Dr. Harrington, RI We are appealing your response to our Level One evel Two Appeal ~ Emory's False Testimony amon Emery at the roaant Hearing. Such testimony was a gFoss doviation Trom what was actually dopictod In the photographs. We are responding to your Level One Response and aro appealing your docision to the Level Two Griovanco, Foremost, we could only pursue the false fostimony of Damon Emery once we knew it was falso. Most Importantly and to the subject of timeliness, the Hearing Officer. issued his! Decision on May 14, 2014. We filed our Level One Grievance within 45 business days of his docision and our knowledge as required by District Polley. Wo filod timely. Additionally, we clarified the reason we were not able to obtain picturos and why wo did not expoct to receive thom, Most importantly, the District did not provide. thom after’ we asked the. Distro repeatedly for them. The District's lack of ransparency has boon continual throughout this process. Additionally and most importantly as of April 4, 2013 in regards to the pictures, there was: ‘no felony and all charges wore dropped, Clearly, HEB ISD 043duly 15, 2014 Dr. doe Harrington Assistant Sup tendont Hurot-Euless-Bedford ISD Dr, Harrington, RE: Level Two Appeal — Emery’s False Tostimony We are appealing your response to our Level One Griovance we brought. for the gross deviation of the testimony of Mr. Damon Emory at the recent TEA Due Procoss Hearing. Such testimony was a gross deviation from what was actually depicted in the photographs. We are responding to your Level One Response and aro appealing your decision to the Level Two Grievance. Foremost, we could only pursue the false testimony of Damon Emery once we know it was. false. Most importantly and to the subject of timeliness, the Hearing Officer issued his Decision on May 14, 2014, We filed our Level One Grievance within 15 business days of his decision and our knowledge as required by District Policy We filed timoly. Additionally, we clatified tho reason we were not able to obtain pictures and why we did not expect to rocoive thom. Most importantly, the District did hot provide them after we asked tho District repeatedly for thom. The District's lack of transparency has beon continual throughout this process. Additionally and most importantly as of April 4, 2013 in regards to the pictures, there was no felony and all charges wore dropped. Clearly,the authorities did not pursue them basod upon their own review of the pletures, Furthermore, Mr, Damon Emory had an absolute esponsibility to be prepared for the hearing, At the time of the hearing, it hadl boon one year. Dr Harrington you as woll as Mr. Damon Emory dd not compare and obtain the facts from. the Bedford Police Department rogarding the pictures. Instead you made more false accusations. withé- written dofamation that is. furthor damaging to Your accusations were with absolutely. no evidence or merit. There were many factual imlsrepresentations as well in your response. As you clearly stated, Board Policy providos for a person fo use “reasonable diligence”. By your, own standards, thore was a complota lack of reasonable diligence in your investigation and, decision. Duo to the fact that there was nover a proper Due Process with the District as outlined in District policy, thore have boon many broachos made by the District as woll as a lack of transparency.. Additionally, Cesmem's depiction of the pictures was correct iia sma Seo C= 's testimony as provided in_prior Level One documents. ‘As well, none of the pictures C= had taken wore depicted as the teachor’s son that had been seen by others taking pictures dopicted in his second witness statement, Regarding the pictures and how Mr. Emer dopictod tham, itn ti this was somehow similar to what Emery stated although this does not speak HEB ISD a4the authorities did not pursue them based upon their ov review of the pictures. Furthermore, Mr. Damon Emery had an absolute responsibility to be preparod for tho hearing. At the time of the hearing, it had heen one year. Dr. Harrington you as well as Wir. Damon Emory did hot compare and obtain the facts from the Bedford Police Department regarding the pictures. Instead you made more falso accusations with written dofamation that is further damaging to us. Your accisations were with absolutely no evidence or morit. There were many factual iisreprosentations as woll In your response. Ae you clearly stated, Board Policy provides for a person to use “reasonable diligence”. By your own standards, thore was a complete lack of Feasonablo diligence in your investigation and decision. Due to tho fact that there was never a proper Duo Process with the District as outlined in District policy, there have been many breachos made by the District as well as a lack of transparency, Additionally, Cems ’s depiction of the pletures was corroct as ho walked. Inte the bathroom, See Cm 's testimony as provided in prior Level One documents. | was son that had been seen by others taking pletures depicted in his second witnoss statoment. although this Regarding the pictures and how Mr, Emer) dopictod Sate diameton Sey tat is is was somehow simitar to what Emery stated aedMost importantly, clearly the pictures do not dopict Mr. Damon Emery’s testimony and the Stato Hearing Officer and TEA significantly roliod upon Emery’s testimony and in fact part of the docision absolutely turned on such misleading tostimony. As written by the Hearing Of This claim is not credible in light of the fact that the Vico Principal fostified that all three photos showed ho actual testimony of Mr. Dam Emory as was loft out of your Response to the Level One Grievance we filed: “Emery states that: ‘That was protty much tho pose for all throo pictures that wore taken ( Tr. Vol. 1, p. 249, 1. 17-25; p. 260, 1. 1-2). Dr Harrington’s depiction of the pictures were not at all similar_to what Mr. Emory stated We also asked that in your investigation that you list all other district omployoos or district's « fepresentation that saw the pictures and we have tot recoived that answor as woll. ‘Your Investigation was incomplete. It was without reasonable diligence and it was additionally unreasonable slandering of our son and ourselves, Agaln wo, ask that all of our attorney fees be relmbursod, all of our son's discipline records be oxpunged, that Mr. Damon Emery be punished and whoever else know of the false testimony or was involved with tho false testimony. We also ask that Wir. Damon Emery write the State Hearing HEB ISD 045Most importantly, clearly the pictures do not dopict Mr. Damon Emery's testimony and the State Hearing Officer and TEA significantly relied upon Emory's testimony and in fact part of the decision absolutely tuned on such misleading testimony. As written by the Hearing Officer: J at least one of the three ised. This claim is not credible ight of the fact that the Vico Principal tostified that all three photos showed ind is fo shield his genitalia from the « in the actual tostimony of Mr. Damon i 5 (Tr. . 17-25; p. 250, 1. 1-2). Dr. Harrington's depiction of the pictures were not at all similar to what Mr. Emory stated in the ‘placement of his hands, We also asked that in your investigation that you list all other district employees or district's roprosontation that saw the pictures and we have not received that answer as well, Your investigation was incomploto. It was without reasonable diligence and it was additionally unreasonable slandering of our son and ourselves. Again we ask that all of our attorney fos be reimbursed, all of our son’s discipline records be expunged, that Mr. Damon Emory be punished and whoever else knew of the false tostimony or ‘was involved with the false testimony. We also ask that Mr, Damon Emery write the State HearingOfficer ALJ Burkhalter (0 have his testimony stricken. Our minor son, C “== Cripps, clearly has a right (0 recover what was lost to him by Mr, Damon Emery's gross deviation in testimony, the District's gross deviations In policy andl accusations made by the District without further dofamation to himself or his family. Wo have paid severa unrelenting sactifices for the District's failures to follow Its own policies, Re: our son, C ===" Cripps Co: Martin J, Girkiet Daniel Garza Debra Liva HEB ISD 046Officer ALJ Burkhalter to have his testimony stricken. Our minor son, C ~—— Cripps, clearly has a right to recover what was lost to him by Mr. Damon Emery’s gross deviation in testimony, the District’s gross deviations in policy and accusations made by tho District without further defamation fo himself or his family. We have paid sovere unrelenting sacrifices for the District's failures to follow its own policies. Bost Regards, ) 7 a (a P ~ Gina athe eee Ro: our son, Cmmammmmmer Cripps Ge: Martin J. Cirkiol Daniel Garza Dobra Liva