Ohio Department of Education Deborah S. Delisle, Superintendent of Public Instruction April 26, 2011 Christine Reardon Kalniz, lorio & Feldstein 5550 W. Central Avenue. Toledo, OH 43635-2170 RE: Joshua C. Andrews Dear Ms. Reardon, Enclosed is a fully executed copy of the Consent Agreement between your client and the State Board of Education. Mr. Andrews must comply with the terms as set forth in this agreement and, if required, send documentation to verify completion of all terms within this agreement to the following address: Ohio Department of Education Office of Professional Conduct 25 S. Front St., Mail Stop 104 Columbus, Ohio 43215 Attn: Leona A. Skunza-Keith Thank you for forwarding a copy of the executed consent to your client. I appreciate the professionalism and cooperation you have extended in this matter. Should you have any further questions, please contact me at 614-995-3578. Sincerely, Bune 0 Sbargp. att Leona A. Skunza-Keith ‘Case Manager Office of Professional Conduct Enclosure: Consent Agreement ce: Paulette Baz, Superintendent, Swanton Local Schools CERTIFIED MAIL-RETURN RECEIPT REQUESTED 7010 2780 0002 9197 8001 25 South Front Street_ (877) 644-6338 Columbus, Ohio 43215 (888) 886-0181 (TTY) ‘education obio.govCONSENT AGREEMENT BETWEEN JOSHUA C, ANDREWS AND THE STATE BOARD OF EDUCATION This Consent Agreement is entered into by and between Joshua C, Andrews (hereinafter Respondent) and the State Board of Education (hereinafter State Board), a state agency charged with enforcing Ohio Revised Code (O.R.C.) Chapter 3319. Respondent voluntarily enters into this Consent Agreement being fully aware of his rights under O.R.C. Chapter 119, including the right to representation by counsel and the right to a formal adjudicative hearing on the issues considered herein, and waives his rights under O.R.C. Chapter 119. Respondent acknowledges that he has been given the opportunity to review this Consent Agreement and has done so with his legal counsel, Kalniz, lorio & Feldstein, Co. L.P.A. ‘The Consent Agreement is entered into on the basis of the following stipulations, admissions, and understandings: License(s), Certificate(s), or Permit(s) applied for or held: Five-year professional multi age teaching license issued in 2009; and ‘Three-year pupil activity permit issued in 2008. Conviction(s) or Conduct Unbecoming: During the 2010-2011 school year, Respondent treated several students as his ‘peers, and sent the students text messages which were too friendly and excessive in view of appropriate teacher-student boundaries and were therefore not appropriate. A. The State Board is empowered to revoke, limit, or suspend a teaching certificate, license and/or permit if, at any time, the holder is convicted of a crime, found to be immoral, incompetent, negligent or guilty of other conduct unbecoming of his position. B. The State Board and Respondent enter into this Agreement before the parties have participated in a hearing under O.R.C. Chapter 119. C. The State Board reserves its right to institute further formal proceedings based upon other violations of O.R.C. section 3319.31 whether occurring before or after the effective date of this Consent Agreement. Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth and in lieu of any further formal proceedings at this time, Respondent knowingly and voluntarily agrees with the State Board to the following terms: BPR IO‘ wilesConsent Agreement Joshua C. Andrews Page 2 of 4 ‘Terms: A. Administrative Reporting Respondent, through his employer, is required to submit detailed reports every three months for a total of one year to the Ohio Department of Education, Office of Professional Conduct indicating whether the Respondent has engaged in any conduct unbecoming or any other conduct that violates Revised Code §3319.31 and the Licensure Code of Professional Conduct for Ohio Educators, ‘The reports are due June 1, 2011, September 1, 2011, December 1, 2011, March 1, 2012 and June 1, 2012. Respondent is required to submit these reports until the completion of the 2011-2012 school ‘year, Uf Respondent has not engaged in any conduct unbecoming or any other conduct that violates Revised Code §3319.31 or the Licensure Code of Professional Conduct for Ohio Educators, the reports must indicate that Respondent is in good standing with his employer. B. Suspension of Pupil Activity Permit In mitigation, Respondent voluntarily resigned his coaching positions and is not currently using his three-year pupil activity ‘permit issued in 2008. Respondent is prohibited from performing ‘any coaching activities or other duties within the State of Ohio that require a pupil activity permit through the Ohio Department of Education for the duration of his three-year pupil activity permit issued in 2008. Respondent's three-year pupil activity permit is valid until June 30, 2011. Respondent ts required to report this suspension on all future applications for licensure to be considered by the’ Ohio Department of Education. C. Training In mitigation, Respondent completed training on appropriate teacher-student boundaries, leaving work at the workplace, and transitioning back to teaching after paid administrative leave. Respondent provided verification of completion of the trainings from Workplace Resources to the Ohio Department of Education, Office of Professional Conduct on March 25, 2011.Consent Agreement Joshua C. Andrews Page 3 of 4 D. Correspondence All notifications, verifications and reports required by the terms of this Consent Agreement shall be presented on official letterhead «and sent to: Ohio Department of Education, Office of Professional Conduct, Attn: Leona Skunza-Keith, Case Manager, 25 South Front Street, Mail Stop 104, Columbus, OH 43215. 1. The disciplinary action covers all certificates, licenses and/or permits held by Respondent including those which may not be specifically listed in this Agreement. Respondent agrees to report any certificate, license and/or permit limitation or suspension to his employing school district, or any other employing agency, which requires certification through the Ohio Department of Education. 2. The disciplinary action shall not be held against Respondent on future applications if ‘Respondent is not convicted of an offense enumerated in O.R.C. section 3319.31 or found to be immoral, incompetent, negligent or guilty of other conduct unbecoming of his position. 3. The Ohio Department of Education reserves the right to reinstate formal charges if it learns ‘that Respondent has violated any of the terms and conditions of this Agreement, regardless of the point in time at which the information becomes known. Furthermore, the Ohio Department of Education reserves the right to pursue formal action if it learns, subsequent to the signing of this Agreement, that Respondent, prior to the signing of this Agreement, ‘engaged in unbecoming conduct, as determined by the Ohio Department of Education, not specifically described in this Agreement. 4, Respondent shall not engage in any unbecoming conduct, as determined by the Ohio Department of Education, subsequent to the signing of this Agreement. Respondent agrees that failure to abide by the terms and conditions of this Agreement shall constitute unbecoming conduct under R.C. 3319.31 (B)(1). 5. Except for the enforcement of the Agreement, Respondent agrees to release the State Board and the Ohio Department of Education, its members, employees, agents, officers, and representatives jointly and severally from any liability arising from this matter. 6. Respondent agrees not to proceed with any action to recover attorney’s fees from the State Board and the Ohio Department of Education, its members, employees, agents, officers, and representatives jointly and severally. 7. This document contains the entire agreement and understanding between Respondent and the State Board and supersedes and replaces all prior negotiations, proposed agreements, and agreements written or oral. 8. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the personal representatives, heirs, successors, assignees, and transferees of the parties.Consent Agreement Joshua C. Andrews Page 4 of 4 9. Respondent acknowledges that he has had an opportunity to ask questions concerning the terms of this Consent Agreement and that all questions asked have been answered, 10, Respondent shall inform the Office of Professional Conduct in writing, within 30 days of any change in address and/or telephone number. In the event that Respondent is arrested, summoned, indicted, convicted or pleads guilty or ‘no contest to any offense other than a minor misdemeanor or a traffic offense, Respondent must notify the Office of Professional Conduct within two weeks. Any new information will be considered und the Department of Education reserves the right to re-open the Consent Agreement for further consideration. Failure to notify the Office within two weeks will be considered a violation of this Consent Agreement. 12. Respondent acknowledges that a copy of this Consent Agreement will be sent to his employing school district or other educational entity. It shall be the responsibility of Respondent to provide a copy of this Consent Agreement to any new, potential educational employer before his hire for the duration of this Agreement. This Consent Agreement’s duration concludes on June 1, 2012. 13. This Agreement does not constitute an admission by Respondent, ‘This Consent Agreement shall be considered a public record as defined in O.R.C, section 149.43. Further, this information may be reported to appropriate organizations, data banks and governmental agencies. ‘This Consent Agreement shall take effect when signed by all parties as indicated below. ae ebodue 4-16-I ISHUA C. ANDREWS: DATE Respondent a n ye /) , ruS Vo bake ail DEBORAH S. DELISLE - DATE. Superintendent of Public InstructionSWANTON LOCAL SCHOOLS 108 North Main Street ‘Swanton, Ohio 43558 Paulette Baz Cheryl Swisher Superintendent ‘Treasurer 419.826.7085 419.826.7575 December 17, 2010 Josh Andrews Dear Josh, ‘The investigation of the complaint filed with the Swanton High Schoo! administration regarding your alleged inappropriate conduct and excessive communication with a minor student via text messaging is complete. I will meet with you on Tuesday, December 21 at 11:00 AM at the board office to discuss the findings, o give you another opportunity to explain your actions and to discuss disciplinary action. You may bring a representative with you to this meeting. ‘Slit ‘ult Baz Ce: Steve Gfell, SHS Principal Josh Eppert, SEA PresidentSWANTON LOCAL SCHOOLS 108 North Main Street Swanton, Ohio 43558 Paulette Baz, Cheryl Swisher ‘Superintendent ‘Treasurer 419.826.7085 419.826.7575 December 21, 2010 Josh Andrews Dear Josh, have completed the investigation of the complaint filed with the Swanton High School administration regarding the alleged inappropriate conduct and excessive communication with a minor student via text messaging. I believe there has been a violation of the distric’s Anti-Herasement policy: C. Examples of inappropriate boundary invasions include, but are not limited to the following: 6. taking an undue interest in a student (ie. having a "special ftiend" or a "special relationship") 7. initiating or extending contact with students beyond the school day for personal purposes 8, using e-mail, text-messaging or websites to discuss personal topics or interests with students I would like to meet with you on Monday, January 3rd at 9:00 AM at the Board of Education office to discuss disciplinary action. ‘te te Baz Ce: Steve Gfell, SHS Principal Tosh Eppert, SEA PresidentSWANTON LOCAL SCHOOLS 108 North Main Street ‘Swanton, Ohio 43558 PauletteBaz ‘Superintendent 419.826.7085 January 3, 2011 Josh Andrews Dear Josh, Per your request, I can meet with you on Wednesday, January 5" at 9:00AM at the Board of Education office for your formal complaint disciplinary hearing. You may bring a ‘representative to this meeting. alte yy Ce: Steve Gfell, SHS Principal Ted Haselman, SMS Principal Josh Eppert, SEA PresidentSWANTON LOCAL SCHOOLS 408 North Main Street Swanton, Ohio 43558 Paulette Baz. Cheryl Swisher Superintendent Treasurer 419.826.7085 419.826.7575 Jamuary 3, 2011 TO: Mr. Josh Andrews FR: Mrs. Paulette Baz ‘This memorandum is to serve as a Formal Complaint for: ‘Violation of the district's Anti-Harassment policy: C. Examples of inappropriate boundary invasions include, but are not limited to the following: 6. Taking an undue interest in a student (ie. having a “special friend” or a “special relationship") 7. Initiating or extending contact with students beyond the school day for ‘personal purposes 8. Using e-mail, text-messaging or websites to discuss personal topics or interests with students Description of events: L The SHS Principal received a formal complaint from a parent of a High School ‘student for an alleged violation of the Swanton Local Schools Anti-Harassment policy on December 3, 2010. A formel investigation for inappropriate conduct and excessive communication with a minor student via text messaging was completed by the High School administration. Based on the information gathered from the investigation, Mr. Andrews was found to be in violation of the Anti- ‘harassment policy, specifically C. #’s 6-8 as stated above. ‘Your messages to the student were excessive and the content of your ‘communications were inappropriate. Many of the messages were sent late in the evening. You should not be communicating with students via text message or otherwise about personal matters. And you should not be socializing with students outside of school.Action Plan: . You must cease communication via text messaging with any students/athletes. . You must limit your communications and contacts with students outside of school to those related to your position as teacher or coach. You should not be communicating with students outside of school about personal matters not related to your teaching or coaching responsibilities. You must maintain a professional relationship with students at all times and respect appropriate teacher/student boundaries. . You must contact Workplace Resources and complete training per their directives. |. Ithas been brought to my attention that some of the text messages were sent during your assigned teaching time. This is unacceptable. Personal calls or communications, with the exceptions of emergencies, should not be completed. during the time in which you are teaching. . Failure to comply with #i-4’s as stated above and any further violations of the district's Anti-Harassment policy will result in discipline up to and including termination, Please be advised that your signature does not mean agreement with the information contained in the formal complaint. You have fifteen (15) working days in order to file a response to the formal complaint. Please forward the response to Paulette Baz. Thave received a copy of this formal complaint and I understand it will be placed in my personnel file. [6-1 fosiua Andrews, Teacher Date Poult Cn es Pailette Baz, Superintgogent Date Ce: Board of Education, personnel file Steve Gfell, HS Principal ‘Ted Haselman, MS Principal SEA President, Josh EppertSWANTON LOCAL SCHOOLS 1308 North Main Street ‘Swanton, Ohio $3558, Lester Schultz Joyce Kinsman Superintendent Treasurer 419-826-71 419-826-7575 May 29, 2012 Ohio Department of Education Office of Professional Conduct 25 S. Front St, Mail Stop 104 Columbus, Ohio 43215 ‘Atta: Leona A. Skunza-Keith Dear Ohio Department of Education: ‘This letter isto confirm that as of May 29, 2012, I am not aware of any new violations of the rules of Professional Conduct, Revised Code 3319.21 or school policies for Joshua C. Andrews. This is to fulfill the requirement that Swanton Local Schools is to submit to ODE by June 1, 2012 from Joshua C. ‘Andrew's Consent Agreement. Sincerely, Zar Schultz ‘Superintendent Ce: Joshua C. Andrews, Personnel FileConsent Agreement Joshua C. Andrews Page 2 of 4 Terms: ‘A. Administrative Reporting an, through his employer, is required 10 submit detailed reports every three months for a total of one year to the Ohio Department’ of Education. Office of Professional Conduct ig whether the Respondent has engaged in any conduct unbecoming or any other conduct that violates. Revised Code §3319.31 and the Licensure Code of Professional Conduct for Ohio Educators. ‘The reports are due June 1, 2011, September 1, 2011, December 1, 2011, March 1, 2012 and June 1, 2012. Respondent is required to ‘submit these reports until the completion of the 2011-2012 school ear. Uf Respondent has not engaged in any conduct unbecoming or any ‘other conduct that violates Revised Code §3319.31 or the Licensure Cade of Professional Conduct for Ohio Educators, the ‘reports must indicate that Respondent is in good standing with his employer. B, Suspension of Pupil Activity Permit Jn mitigation, Respondent voluntarily resigned his coaching positions and is not currently using his three-year pupil activity ‘Permit issued in 2008. Respondent is prohibited from performing ‘any coaching activities or other duties within the State of Ohio that require a pupil activity permit through the Ohio Department of Education for the duration of his three-year pupil activity permit issued in 2008. Respondent's three-year pupil activity permit is valid until ne 30, 2011. Respondent is required 10 report this suspension on all future applications for licensure 10 be considered by the Ohio Department of Education. . Training In mitigation, Respondent completed training on appropriate teacher.student Boundaries, leaving work at the workplace, and rransitioning back 10 teaching after paid administrative leave. Respondent provided verification of completion of the trainings from Workplace Resowrces to the Ohio Department of Education, (Office of Professional Conduct on March 25, 201Consent Agreement Joshua C. Andrews Page3 of D. Correspondence All notifications, verifications and reports required by the terms of this Consent Agreement shall be presented on official leterhead ‘and sent to: Ohio Department of Education, Office of Professional Conduct, Aton: Leona Skunza-Keith, Case Manager, 25 South Front Street, Mail Stop 104, Columbus, OH 43215. ‘The disciplinary action covers all certificates, licenses and/or permits held by Respondent including those which may not be specifically listed in this Agreement. Respondent agrees to report any certificate, license and/or permit limitation or suspension to his employing school district, or any other employing agency, which requires certification through the ‘Ohio Department of Education, ‘The disciplinary action shall not be held ageinst Respondent on future applications if Respondent is not convicted of an offense enumerated in O.R.C. section 3319.31 or found to ‘be immoral, incompetent, negligent or guilty of other conduct unbecoming of his position, ‘The Ohio Department of Education reserves the right to reinstate formal charges if it learns that Respondent has violated any of the terms and conditions of this Agreement, regardless of the point in time at which the information becomes known. Furthermore, the Ohio Department of Education reserves the right to pursue formal action if it leams, subsequent 10 the signing of this Agreement, that Respondent, prior to the signing of this Agreement, engaged in unbecoming conduct, as determined by the Ohio Department of Education, not specifically described in this Agreement. Respondent shall not engage in any unbecoming conduct, as determined by the Ohio Deparment of Education, subsequent to the signing of this Agreement. Respondent agrees that failure to abide by the terms and conditions of this Agreement shell constiute unbecoming conduct under R.C. 3319.31 BX). [Except for the enforcement of the Agreement, Respondent agrees to release the State Board and the Ohio Department of Education, its members, employees, agents, officers, end representatives jointly and severally from any liability arising from this matter. Respondent agrees not to proceed with any action to recover attorney's fees from the State ‘Board and the Ohio Department of Education, its members, employees, agents, officers, and representatives jointly and severally. ‘This document contains the entire agreement and understanding between Respondent and the State Board and supersedes and replaces all prior negotiations, proposed agreements, ‘and agreements written or oral. ‘This Agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the personal representatives, heirs, successors, assignees, and transferees of the artes,Consent Agreement Joshua C. Andrews Page 4 of 4 9. Respondent acknowledges that he has had an opportunity to ask questions conceming the terms of this Consent Agreement and that all questions asked have been answered. 10, Respondent shall inform the Office of Professional Conduct in writing, within 30 days of any change in address and/or telephone number, 11 Inthe event that Respondent is arrested, summoned, indicted, convicted or pleads guilty or ‘no contest to any offense other than a minor misdemeanor or a traffic offense, Respondent must notify the Office of Professional Conduct within two weeks. Any new information will be considered and the Department of Education reserves the right to re-open the ‘Consent Agreement for further consideration. Failure to notify the Office within two weeks ‘will be considered a violation of this Consent Agreement. 12. Respondent acknowledges that a copy of this Consent Agreement will be sent to his employing school district or other educational entity, It shall be the responsibility of Respondent to provide a copy of this Consent Agreement to any new, potential educational ‘employer before his hire for the duration of this Agreement. This Consent Agreement's duration concludes on June 1, 2012. 13, This Agreement does not constitute an admission by Respondent. ‘This Consent Agreement shall be considered a public record ns defined in 0.R.C. section 149.43. Further, this information may be reported to appropriate organizations, dsta banks and governmental agencies. This Consent Agreement shall take effect when signed by all parties as indicated below. be lad Y-lg- i ISHUA C. ANDREWS DATE Respondent | S 0, biskh al2tlit DEBORAH S. DELISLE - DATE ‘Superintendent of Public InstructionJoshua C, Andrews CONSENT AGREEMENT BETWEEN Sahon C ANDRES Onamreres AND THESTATEBOARDOFEDUCATION _COnSent Agreement ‘This Consent Agreement is entered into by and between Joshua C. Andrews (hereinafter Respondent) and the State Board of Education (hereinafter State Board), a state agency charged with enforcing Ohio Revised Code (0.R.C.) Chapter 3319. Respondent voluntarily enters into this Consent Agreement being fully aware of his rights under ‘ORC. Chapter 119, inctuding the right to representation by counsel and the right to a formal ‘adjudicative hearing on the issues considered herein, and waives his rights under O.R.C. Chapter 119. Respondent acknowledges that he has been given the opportunity to review this Consent ‘Agreement and has done so with his legal counsel, Kalniz, lorio & Feldstein, Co. L.P.A. ‘The Consent Agreement is entered into on the basis of the following stipulations, admissions, and understandings: License(s), Certifieate(s), or Permit(s) appiled for or held: Five-year professional malti age teaching license issued in 2009; ana ‘Three-year pupil activity permit issued in 2008. Convietion(s) or Conduct Unbecoming: ‘During the 2010-2011 school year, Respondent rreated several students as his ‘peers, and Sent the students fext messages which were oo friendly and excessive ‘in view of appropriate teacher-student boundarles and were therefore not appropriate. 'A, The State Board is empowered to revoke, limit, ot suspend a teaching certificate, license andor permit if, at any time, the holder is convicted of a crime, found to be immoral, incompetent, negligent or guilty of other conduct unbecoming of his position. BB. The State Board and Respondent enter into this Agreement before the parties have participated in s hearing under O.R.C, Chapter 119. C. The State Board reserves its right to institute further formal proceedings based upon other violations of O.R.C. section 3319.31 whether occurring before or after the effective date of this Consent Agreement, Wherefore, in consideration of the foregoing and mutual promises hereinafter set forth and in liew of any further formal proceedings at this time, Respondent knowingly and voluntarily agrees with the State Board to the following terms: APR 1911 11:49SWANTON LOCAL SCHOOLS foms77s February 28, 2012 ‘Ohio Department of Education Office of Professional Conduct 28 S. Front St., Mail Stop 104 Columbus, Ohio 43215 ‘Attn: Leona A. Skunza-Keith Dear Ohio Department of Education: ‘This letter is to confirm that as of February 28, 2012, | am not aware of any new violations of the rules of Professional Conduct, Revised Code 3319.21 or schoo! policies for Joshua C. Andrews. This is to fulfill the requirement that Swanton Local Schools is to submit to ODE by March 1, 2012 from Joshua C. ‘Andrew's Consent Agreement, Sincerely, Russell Griges Superintendent Ce: Joshua C, Andrews, Personnel FileSWANTON LOCAL SCHOOLS (08 North Main Stree ‘Swanton, Ohio 42558 Arlene Wilson Superintendent reasurer 419-826-7575 November 22, 2011 ‘Ohio Department of Education Office of Professional Conduct 25S. Front St., Mail Stop 104 Columbus, Ohio 43215 ‘Attn: Leona A. Skunza-Keith Dear Ohio Department of Education: ‘This letter is to confirm that as of November 22, 2011, 1am not aware of any new violations of the rales of Professional Conduct, Revised Code 3319.21 or schoo! policies for Joshua C. Andrews. This is to {fulfil the requirement that Swanton Local Schools is to submit to ODE by December 1, 2011 from Joshua C, Andrew's Consent Agreement, Sincerely, Kussell Superintendent Co: Joshua C. Andrews, Personnel FileSWANTON LOCAL SCHOOLS Anugust 30, 2011 ‘Ohio Department of Education Office of Professional Conduct, 25 8, Front St., Mail Stop 104 Columbus, Ohio 43215 ‘Aito: Leona A, Skunza-Keith Dear Ohio Department of Education: “This letter is to confirm that as of August 30, 2011, Lam not aware of any new violations of the rules of Professional Conduct, Revised Code 3319.21 or school policies for Joshua C. Andrews. This is to fulfill the requirement that Swanton Local Schools is to submit to ODE by September 1, 2011 from Joshua C. ‘Andrew's Consent Agreement, Superintendent Ce; Joshua C. Andrews, Personnel FileSWANTON LOCAL SCHOOLS 108 North Main Street Swanton, Ohio 43558 Paulette Baz Cheryl Swisher ‘Superintendent ‘Treasurer 419.826.7085 419.826.7575 May 24, 2011 Ohio Department of Education Office of Professional Conduct 25 S, Front St., Mail Stop 104 Columbus, OH 43215 Attn: Leona A. Skunza-Keith Dear Ohio Department of Education: This letter is to confirm that as of May 24, 2011, I am not aware of any new violations of the rales of Professional Conduct, Revised Code 3319.21 or school policies for Joshua C. ‘Andrews, This is to fulfill the requirement that Swanton Local Schools is to submit to ODE by June 1, 2011 from Joshua C. Andrew’s Consent Agreement. 2 tt ould nu. Oa ) Superintendent Co; Joshua C. Andrews, Personnel filerkplace Phone: 419-539-4499 Toll Free: 800-513-6733 CSOUurces Fax: 419-539-4497 www.workplaceresources.info — ‘The Caeplayee Ascistance Crofessinaals February 16, 2011, ‘Mrs. Paulette Baz, Superintendent ‘Swanton Local Schools 108 N. Main Street ‘Swanton, OH 43558 RE: JOSH ANDREWS Dear Mrs. Baz: Josh Andrews has complied with your referral to Workplace Resources and any recommendations we have made. He attended on January 5, 2011, January 19, 2011 and February 16, 2011. Ifyou require additional information or have questions, please contact me at 419-539-4499. Sincerely, EAP Counsel MRC, LicDC, CfAP /nem OWEDENTIAL 3425 Executive Parkway # Suite 15 ¢ Toledo, Olt 43606Ohio Department ot Education Deborah S. Delisle, Superintendent of Public Instruction Jamuary 21,2011 Paulette Baz Superintendent 108 N. Main Street Swanton, OH 43558 RE: In the matter of Joshua C. Andrews Dear Ms. Baz: Due to change in office policy all requests for records held by school districts will now be made by subpoena. Pursuant to Ohio Revised Code §3319.311(D), attached is a subpoena from the Ohio Department of Education, Office of Professional Conduct, ‘The subpoena is for documents requested — personnel/disciplinary/investigative file for Joshua C. Andrews. ‘The Department will need a certified copy of these documents. Enclosed for your convenience is a certification form which you may use to certify the documents. Please forward all of the documents listed in the subpoena by February 11, 2011 to my attention at the Ohio Department of Education, 25 South Front Street, Mail Stop 104, Columbus, OH 43215. ‘Thank you for your time and attention to this matter. If you have any questions, please feel free to contact me at 614-466-6830 at your convenience. Sincerely, Chass Odo Chris Adams Investigator Office of Professional Conduct CERTIFIED MAIL-RETURN RECEIPT REQUESTED 70101870000181 784434 25 South Front Street_ (877) 644-8838 Columbus, Ohio 43215 (888) 886-0181 (TTY)Ohio Department ot Education ‘Ted Strickland, Governor Deborah S, Delisle, Superintendent of Public Instruction ‘SUBPOENA DUCES TECUM Paulette Baz, Superintendent, 108 N. Main Street, Swanton OH, 43558, you are hereby ‘commanded, pursuant to the State Superintendent of Public Instruction’s authority under Ohio Revised Code (ORC) Section 3319311, to provide the following records to the Ohio Department of Education concerning Joshua C. Andrews : 1. a.copy of the personnel file for Joshua C. Andrews; 2. copy of the disciplinary file for Joshua C. Andrews; 3. any investigative records pertaining to Joshua C. Andrews; 4, any witness statoments pertaining to Joshua C. Andrews: 5. Pursuant to Ohio Revised Code §3319.321, I am hereby making a request for the parent/guardian name, telephone number and address of the following student(s): the student involved in this matter, including the other students that did not feel the matter was inappropriate. 6. any and all other documents not specifically mentioned which the ‘Swanton Local School District hes regarding Joshua C. Andrews. In accordance with 3301-73-16 of the Ohio Administrative Code, failure to comply with the ‘terms of this subpoena may result in the State Board instituting contempt proceedings against ‘you pursuant to Chapter 119. ofthe Revised Code. ‘The requested documents, along with the completed certification form, should be forwarded to: Ohio Department of Education, Office of Professional Conduct, ATTN: Chris Adams, 25 South Front Street, Mailstop 104, Columbus, Ohio, 43215 before February 11,2011. Signed, ‘Ohio State Board of Education Qh he ‘Superintendent of Public Instructc (a dy Date 25 South Front Street (877) 644-6338 Columbus, Ohio 43215 (888) 886-0181 (TTY) ‘education chio.govCERTIFICATION I hereby certify that the attached documents are true and accurate copies of the personnel/disciplinary/investigative records of Joshua C, Andrews as kept in the ordinary course of business of the Swanton Local School District. wp tM foe Swom to before me and signed in my presence this_ 2. aay of onan 200 Notary Public ‘My commission expires 9-42-70. .SCHOOL DISTRICT, MRDD & COMMUNITY SCHOOL EDUCATOR MISCONDUCT REPORTING FORM. Ohio Revised Code 3319.313 and 5126.253 requires public ‘and nonpublic schools, including county MR/DD boards and community schools to report to the Superintendent of Public Instruction, the name and a factual statement of any license holder who engages in professional misconduct. A. Please check the type of education entity you are: School District ‘Educational Service Center Community Schoo! MRDD Other (please specify): ‘Name and Address Swanton Local School District 108 N. Main st. Swanton, OH 43558 Contact Person Name and Title Paulette Baz, Superintendent Telephone Number 619) 826-7085 Fax Number (619) 625-1197 Email Address '-baz@swantonschools.org B. Educator's Information: Name _Joshua C. Andrews hysical Education Teacher Educator's Home Telephone Number ‘Educator’s Home Address ‘* Revised Code 3319.313 requires that the social security number of the employee be provided. This {information will remain secure and confidential under Revised Code 3319.31.C. Why are you reporting this educator? (check all that apply) The employee has plead guilty to, bas been found guilty of or has been convicted of an offense in Revised Code 3319.31 or 3319.39 (please see attached list); and/or ‘The employee has been terminated or non-renewed or you have initiated termination or non-renewal proceedings because the educator has engaged in “conduct unbecoming” the profession or has committed an offense under Revised Code 3319.31 or 3319.39; and/or [1 the employee has resigned under threat of termination or non-renewal; and/or [x] The employee resigned because of or in the course of an investigation regarding an act unbecoming the profession or an offense described in Revised Code 3319.31 or 3319.39, (COACHING POSITIONS ONLY) [i] The employee has engaged or may have engaged in conduct ‘unbecoming to the teaching profession. D. Please provide information conceming the incident involving the educator (i.e. the type, date and place of the conviction; or conduct that may be deemed “conduct unbecoming”; describe what prompted disciplinary action by you; describe what ‘you were investigating that lead to resignation or non-renewal). Please feel free to attach any information you consider important (i.e. court records, investigation reports, complaints, witoess statements, etc). See AttachedThank you for providing this information. Upon receipt, the Office of Professional ‘Conduct will review the information submitted and determine if further information is needed. If it is determined that further information is needed, the Office of Professional ‘Conduct will contact the person that submitted this form. Please be advised that under Revised Code 3319.314, you are required to maintain all information related to this report in the employee’s personnel file. If the State Board of Education does not pursue disciplinary action against the reported employee, you are required to move all information related to this report from the employee's personnel file to a separate, public file. The Office of Professional Conduct will notify the contact person on this form if no discipline is warranted, All information submitted to the Office of Professional Conduct is confidential and not a public record pursuant to Revised Code 3319.311. Please fax (614-995-3752) or mail all documentation to: Ohio Department of Education Office of Professional Conduct 25 South Front Street Mail Stop 104 Columbus, OH 43215 Website: www.ode.state.oh.us If you need assistance in completing this form, please contact the Office of Professional Conduct at (614) 466-5638. ‘Completion and submission of this form does not relieve school employees of their statutory duty to report known or suspected child abuse to the appropriate children services or law enforcement agency. ‘Sigaeture and Title Date’‘On December 1, 2010, a Swanton High School student notified an SHS staffer/coach that he had received text messages from Josh Andrews that made the student feel uncomfortable. Andrews is middle schoo! physical education teacher and High Schoo! coach. in the following days, Swanton High Schoo! Administration met personally with the student and he provided the contents of his phone; specifically the contents of the conversations with Mr. Andrews. In addition, the student supplied the names of other students who had lifted weights before school with Mr. Andrews. The Swanton High School Administration interviewed each student and collected written statements. A few of the students had also received text messages from Mr. Andrews but they did not feel they were Inappropriate. One student stated he had gone golfing with Mr. Andrews before and one stated he had and Mr. Andrews had gone to the movies. ‘On December 3, 2010, the student's phone was tured over to the Fulton County Sheriff and the family provided verbatim transcripts of 112 texts from Mr. Andrews to the student ; including many sent after 14:00 pm and some sent while Mr. Andrews was contracted to be working. (Transcript of some ‘messages attached.) That same day, the Swanton High School Principal received a formal complaint from the student's parent for an alleged violation of the Swanton Local Schools Anti-Harassment policy. (C.#’s 6-8 below) . Examples of inappropriate boundary invasions include, but are net limited to the fotlowing: 6. Taking an undue interest in a student (Le. having a “special friend” or a “special relationship” 7. Initiating or extending contact with students beyond the schoo! day for personal purposes 8. Using e-mail, text-messaging or websites to discuss personal topics or interests with students ‘As part of the investigation, the administration met on December 16, 2010 with Mr. Andrews and his union representative. Mr. Andrews was asked several questions regarding the allegations and the administration believed his responses were truthful. He appeared to understand and acknowledged that the content, method and timing of his communications could be perceived as inappropriate. (On January 3, 2014, Mr. Andrews was served a Formal Complaint from the Swanton Board of Education for violation of the district’s Anti-Harassment policy; specifically C. #’s 6-8, as stated above. The ‘messages to the student were excessive and the content was Inappropriate, (On January 5, 2021, Mr. Andrews agreed to the action plan outlined in the formal complaint; noting failure to comply with the action plan and any further violations of the distriet’s Anti-Harassment policy will result in discipline up to and including termination. Mr. Andrews voluntarily resigned his positions as basketball and baseball coach, and agreed to complete training through Workplace Resources.‘Transcript of one conversation between alleged student and Mr. (Coach) Andrews Student 9:58 no when wrestling is over ite be in a lot more like i was Coach Andrews 9:59 That's cool 'm not like mad u don’t come in Coach Andrews 10:02 Il see ya Thursday bud Student 10:03 k txt me tomarow night and remind me Coach Andrews u just want me to text u every night Student 10:06 na just tomaro Coach Andrews Y u think I text u too much? Student naa | just need @ reminder tomarow or tle forget Coach Andrews 14 O ok | was going to say if you don’t want me to textu just tell me Student 10:25 na ur my friend man Coach Andrews 10:17 How old ru? Student 10:17 almost 27 my b day is dec Coach Andrews 10:18 So when ur 18 we can be friends fol ‘Student 10:18 wht Coach Andrews 10:21 when ur 18 ur an adult and since I'm aready an adult we will be friends now i'm like kindsa a coach teacher to u Student 10:23 u mean to go the tity bar and stuff Coach Andrews 10:24 No lol ‘Coach Andrews 10:24 U will still be in HS when ur 18 remember | am a teacher Student 10:25 so don't mean we can't go stil haha Coach Andrews 10:26 Nah u don’t need to be goin there Student 10:26 that’s where me end my dad r going for my b day next year haha Coach Andrews 10:27 How old is ur dad Student 10:29 like 39 he the best he so much fun me and him got ina fight at this crap holoe race track and punded a hole crowd of ppl it was bad ass this was last year haha its been year sence Sunday Cosch Andrews 10:31 interesting Student 10:32 yea so good night man Coach Andrews 10:35 Yeah since some of us are actually getting up tomorrow Coach Andrews 10:36 nightOhio | Bepertment of Education John R. Kasich, Governor ‘Stan W. Hefiner, Superintendent of Public Instruction June 4, 2012 Christine A. Reardon Kalniz, lorio & Feldstein Co., LPA 5550 W. Central Avenue Toledo, OH 43635-2170 ‘Dear Ms, Reardon, RE: Consent Agreement between Mr. Joshua C. Andrews and the State Board of ‘Education ‘This letter is in reference to the Consent Agreement between your client, Mr. Andrews and the State Board of Education, Per the terms of the Consent Agreement, Mr. Andrews agreed to Administrative Reporting and a suspension of his Pupil Activity Permit through June 30, 2011. The Department has received written verification that Respondent has successfully completed all of the agreed upon terms of the Consent Agreement. ‘This letter serves as official notice that the terms of Mr. Andrews’ Consent “Agreement have been successfully completed and the case closed. Should you have any questions or comments regarding this matter, feel free to contact me at 614-995- 3578. Sincerely, ems 0 Slurp abi ‘Leona A. Skunza-Keith Case Manager Office of Professional Conduct cc: Lester Schultz, Superintendent, Swanton Local Schools 25 SouthFront Street (614) 468-7578 Columbus, Ohio 43215 (@77) 644-6338 ‘education ohio. gov (88) 886-0181 (TTY)