at Board of Education [BRext D. Mansanc, Chairman *Scorr A. Murray, Fice Chairman CAVED, Renee comme doecren nscer= Cama rove tstxtmenR irznost Kew. our COUNTY SCHOOLS DR. WENoy A. MILLER, Superintendent October 12, 2023 VIA ELECTRONIC AND CERTIFIED MAIL -- RETURN RECEIPT REQUESTED CERTIFIED NO: 9171 9690 0935 0297 4736 07 Jerry Simmons Warriorsimmons@gmail.com 224 Easterly Drive New Bern, NC 28560 Re; Summary of Investigation by Human Resources Dear Mr. Simmons: As you know, at the time of your resignation, Human Resources was investigating allegations that you engaged in professional misconduct related to the evaluation and grading of students. Specifically, Human Resources had received a report that you changed athletes’ grades to increase their GPAs and gave athletes passing grades in courses that they were not passing due to chronic absences. You were placed on suspension with pay on May 30, 2023, in order to allow the School System to investigate these allegations. I, along with the school system’s attorneys, Ken Soo and Patricia Robinson, met with you June 29, 2023, to provide you with an opportunity to respond to the allegations and additional information obtained during our review. You refused to answer any questions asked of you during that meeting or otherwise respond to the evidence presented or allegations about ‘your conduct. Your resignation, which had previously been submitted and accepted prior to the opening of the Human Resources investigation, took effect atthe end of the day on June 30, 2023. ‘Our investigation revealed evidence that you directed your school data manager to change the grades of multiple students at New Bern High School, but predominantly students on the New Bern High School football team, In some instances, you directed her to change failing grades to passing grades. In other instances, you directed her to increase passing grades across multiple subjects for a single student. In most instances when the grades were changed from failing to passing, they were for courses required for graduation. Here are just a few of the ‘examples that the review uncovered: ‘For one student, you directed that grades be changed for a total of 11 courses, apparently to increase his GPA. Some course grades were changed multiple times. For example, on April 4, 2022, you directed that his grade in NC Math 3 be changed from a 50 to a 70. On August 1, 2022, you directed that his NC Math 3 grade change again from a 70 to 80, a total change of thirty points from the student's initial grade, ‘moving him from an F to a B in the course. When this student’s Math 3 teacher was interviewed, she confirmed that she gave him a 50 for the course because he had not done enough work to justify a passing grade, She also confirmed that she had never approved a grade change for the student and was unaware of the student doing anything to earn the increased grade. Similarly, on April 4, 2022, you directed the data ‘manager to change this student's grade in Spanish from a 64 to a 71. On August 1,202, you directed her 3600 ‘Trent Roa | New Bern | North Carling 29562 Phone: 252-514-630 | Fax: 252-5146351 ‘www.eravenki2.orgto change his Spanish grade again from a 71 to 81, a total change of 17 points from the student’s initial ‘grade, moving him from a D to a B in the course. * For another student, you directed the data manager to change his French 1 grade from 77 to 89, his. Physical Science grade from 69 to 82, his American History, Founding Principles, Civics and Economics grade from 47 to 72, and his NC Math 4 grade from 49 to 60. ‘* Another student received an Incomplete in Spanish I, which you directed be changed to a 60. The student's Spanish teacher did not agree with this change. Additionally, we have identified at least two students who would not have been eligible to play football during the 2022-2023 season absent the grade changes that you initiated and directed. Based on North Carolina High School Athletic Association Rules, in order to be eligible, a student must have passed three out of four courses the previous semester. However, the evidence reviewed—specifically handwritten changes to student transcripts with ‘your initials—shows that you made the following grade changes for these two students: '* On June 23, 2022, you made and initialed a handwritten note indicating the student's Spanish I grade from 36 to 71, his English III grade from 25 to 81, his NC Math 3 grade from 49 to 72, and his Biology grade from 41 to 73. The English III, Spanish I, and Biology courses were from the spring 2022 semester, which means that by changing his failing grades in these courses to passing grades, you made him eligible to play football even though he had previously been ineligible based on his teacher-assigned final grades for these courses. © On July 28, 2022, you made and initialed a handwritten note indicating another student’s AVID III Honors grade be changed from 54 to 62, his NC Math 3 grade from 52 to 61, and his Biology grade from 55 to 60. The Biology and AVID III Honors courses were both from the spring 2022 semester, which means that by changing his failing grades in these two courses to passing grades, you made him eligible to play football even though he had previously been ineligible based on his teacher-assigned final grades for these courses. We interviewed the student’s AVID IIT teacher, who confirmed that he gave this student a failing grade because he did not regularly attend or participate in class. The student was actually removed from the AVID program at NBHS for failing this course. The student’s Biology teacher that the student received a student a failing grade because he never did any work and was absent more than 30 days that semester. Yet on December 7, 2022, you directed the data manager to increase the student’s Biology grade again from a 60 to an 84. We spoke to multiple teachers at New Bern High School during our investigation, and none of them were aware that the grades they issued to students had been changed after the fact by you. Here are some of the examples of their responses when they realized, for the first time, that final grades they submitted for a student or multiple students had been altered: “[The Student] never did any work. He was always absent.” © “Iwas not consulted at all about this.” ‘© “Twas very lenient about accepting late work. The fact that I gave this student a failing grade means he wasn’t doing much work at all.” ‘© “If these kids know that their grades are going to change, it makes my job harder. They don’t do anything in class.” Asa result of your actions in improperly authorizing grade changes for student-athletes who would have been ineligible to play football in the fall of 2022, the North Carolina High School Athletic Association found New Bem High School in violation of NCSHAA Rules 1.2.6 and 3.3.5(c)(8) and assessed the following penalties on the 2022 New Bern High Schoo! Football program: (1) the football program must forfeit all contests in which the ineligible student-athletes dressed to participate; (2) any regular-season awards and any playoff awards, banners, plaques, and medals must be retumed to the NCHSAA; (3) playoff revenues earned by New Bern High School in 3600 Treat Roa |New Bern | North Carolina 28862 Phone: 252-514-6300 | Fax: 252-514-6351 ‘ww.eravenkl2.orgthe amount of $38,662.77 must be returned to the NCHSAA; (4) the New Bern High School football program is ‘on probation for the 2023 season; (5) and New Bem High School's 2022 state championship is revoked. ur investigation also revealed that contrary to both DPI guidance and Craven County Board of Education policy, you permitted athletes to receive numerical grades for courses taken through credit recovery instead of pass/fail. ‘We also uncovered multiple instances in which you developed “contingency plans” for students to achieve the credits necessary for graduation for courses they previously failed even if the student had not earned the credit at issue. For example, we identified two situations where you changed students’ failing grades in English 2 to a 60 ‘because the students passed English 3. In another instance, a student passed NC Math 2, so you changed the student’s failing NC Math 1 grade to a 60. In a similar vein, we reviewed evidence showing that you made “deals” with students to graduate at a desired time. One staff member we spoke to described participating in a meeting with you and a student in which you stated to a student with multiple courses needed to graduate that if he completed credit recovery for certain courses, you would excuse him from need to do credit recovery for the other courses, even though all of the courses were required for him to graduate. (Our review reflected that for the past several years, you have met with school counselors at the end of the year for ‘a meeting at which you decided which seniors you would permit to graduate despite not meeting graduation requirements. Our initial review suggests that at this meeting—which more than one staff member referred to as the “magic wand meeting”—you allowed many students to graduate from New Bern High School even though they had not satisfied graduation requirements. By way of example, but not limitation, we were able to identify fifteen students who failed English IV and did not take credit recovery for English IV yet graduated between June 2021 and June 2022 despite the fact that English IV is a required class for graduation per State Board of Education policy. According to these students” English teacher, they did not do enough work in English IV to Justify earning a passing grade. ‘Our investigation revealed evidence indicating that you did not comply with state and local board of education policy regarding student attendance. We leamed that two students on the football team accrued between 40-70+ absences in some of their core classes during the spring semester this year. Multiple witnesses we spoke to said that these two students were confident that they would graduate, despite not attending class. Another witness stated that he was told by a guidance counselor that you would “take care” of these students. Overall, the pattern of unwarranted grade changes, including the award of course credit to students who had not met course requirements, denied students the opportunity and incentive to learn. Finally, we learned that between March and May of this year, three refugee ESL students enrolled at New Bem High School. Two of the students were 17 years old and the third student was 19 years old. These students did ‘not have any education records, but you directed your school data manager to enroll all three of them as seniors. In May, you determined that these students would graduate after attending New Bem High School for one to three ‘months, despite their statutory rights to public schooling until the age of 21 and their right to receive English as a ‘Second Language services. In order to implement your decision, two of your guidance counselors fabricated a transcript for each of the three students by adding courses for ninth, tenth, and eleventh grades. After District staff discovered this error, they asked a guidance counselor at NBHS to reach out to these families. While the families were confused since the students had already taken their senior pictures, they were happy for the opportunity for their children to come back to New Bern High School in order to continue learning. Had District staff not discovered the fabricated transcripts during the review, these three students, who had only a few months of formal schooling in the United States, would have received a diploma from New Ben High School without having the ‘opportunity to actually receive an education through Craven County Schools. ‘3600 Treat Road | New Bera North Carolina 28562 Phone: 252-514-6200 | Fax: 252-514-6351 ‘wwweravenkl2.orgMr. Simmons, the review substantiated that you engaged in conduct that violates multiple State Board of | Education and Craven County Board of Education policies. Specifically, your conduct violated the following State Board of Education Policies: EVAL-014, Code of Ethics for North Carolina Educators; ATHL-001, Interscholastic Athletics; and CCRE-001, Course for Credit. Your conduct also violated Craven County Board of Education Policy 3400, Evaluation of Student Progress; Policy 3420, Student Promotion and Accountability; Policy 3460, Graduation Requirements; Policy 440 Attendance, and Policy 7300, Staff Responsibilities. In addition to violating your ethical duties as an educator, your actions have negatively impacted the students, parents, and staff at New Bern High School. The Board of Education has already accepted the resignation you previously submitted effective June 30, 2023. If you had not already resigned, I would have recommended to the Board of Education that you be dismissed from your position as a school administrator. Based on your actions, I will recommend to the Human Resources Department that you not be considered for future employment with Craven County Schools. In accordance with applicable law, @ copy of this letter will be placed in your personnel file in five (5) days. Sincerely, 4 lord Dr. Wendy Mitfer Superintendent Ce: Personnel file 360 Trent Road | New Bera | North Carolina 28562 Phone: 252-S14-6300 | Fax: 252-514-6381 ‘wwcravenk