LERIDIAN PUBLIC SCHOOLS 3361 N. M-30, Santor, Michigan 48657 1p (989) 687-3200 (988) 687-3222 MEMORANDUM. Te Josh Long From: Joshua Hook, Principal Re: Ten (10) Day Suspension Without Pay ‘The District received a complaint that on Monday, March 4, 2024, you wrestled with one of your second-grade female students during an instructional PE class. ‘The student and her parent were upset that you engaged in such contact, especially in front of her class, even though she participated in the incident. I met with you on March 7, 2024 to hear your side of the story, and have determined that your behavior was unacceptable in multiple respects. Engaging in such contact with a second-grade female student is not appropriate, it goes without saying. The incident resulted in contact that, in context, was highly inappropriate for a male, adult teacher. ‘The parent and student are very upset about the incident, for good reason. Further, your decision to do so ‘when you had other supervisory responsibilities was a severe lapse in judgment, Finally, you did not fully accept responsibility for your misbehavior when I interviewed you. In fact, you stated that you did not think you did anything wrong. Your behavior was unprofessional, You held a female, second-grade student with force, embarrassing and potentially hurting her in front of her peers. You were distracted from other, important essential functions of your job. You did not accept responsibility. I have determined the appropriate disciplinary consequence is a ten-day suspension without pay. Further, before you return to work, you also are directed to attend training approved by me concerning appropriate student/teacher contact, It is my hope that with this discipline, you will never occurs again. Your failure to do so could result in di prove your deportment so an incident like this ipline up to discharge. Acknowledge Receipt: Joshua Long ce: Union Presidenta MERIDI 3475 N. M-30, Sanford, Michigan 48657 . (989) 687-3360 f. (989) 687-3364 hetpy/iwww.merps.org August 17, 2021 Re: Determination of Responsibility Dear Mr. Long: The District recently conducted a Title IX investigation into allegations of sexual harassment as defined in the District's Title IX Sexual Harassment Policy (the “Policy’). The complaint alleged thatyou touched the cnn Te becketop of thet bottoms and were rubbing/massaging whe Mey were awaiting therr turns to play a game during gym class on April 26, 2021. ‘The District assigned me to serve as the decision maker in this matter. | have received the appropriate Title IX training and do not have a conflict of interest or bias against either the individual complaint or the respondent, or complainants and respondents generally. The following is my determination. Procedural Steps and Relevant Chronology Upon the receipt of the Formal Complaint, the District took the following procedural steps during the course of this investigation: ® Sarah Glann, the District's Title IX Coordinator received a Formal Complaint from the complainant's guardians on April 30, 2021 © Meridian Public Schools sent a letter notifying the complainant and the respondent of the allegations and formal investigation into the Title IX complaint on May 5, 2021 The District assigned Mr. Jared Goff to serve as the investigator. Mr. Goff has been trained on the new Title IX regulations and does not have a conflict of interest or bias against either the individual complaint or the respondent, or complainants and respondents generally. ‘* A formal interview of the complainant was scheduled at a time that was mutually agreed upon between Mr. Goff and the complainant's guardians. The interview was scheduled for May 7, 2021 at 3:30 pm, but the complainant nor her guardians appeared for the interview. After several attempts to contact the complainant's guardians, Mr. Reach HigheGoff was able to contact Mr. a: May 14, 2021, and Mi os Mr. Goff that he would not be interview the complainant © The following interviews were conducted by Mr. Goff: ° =z. May 7, 2021~A third grade Meridian Elementary student who was Jeemed a witness to the allegations. She was accompanied by her guardians. © Jaime Welmers on May 12, 2021--Meridian Public Schools School Social Worker who had talked with both the complainant and i: a form of supportive ‘measures, © Tania Lex on May 14, 2021-- Meridian Elementary Third Grade Teacher who the allegations were reported to. (© Josh Long on June 7, 2021~-Meridian Elementary PE teacher and the respondent. He was accompanied by Sharon Nelson, Esq. Ms. Glann was also present for the interview. On June 18, 2021, Mr. Goff sent the complainant and respondent all evidence compiled during the investigation and notified both parties of their right to provide a written response. The complainant did not provide a written response. The respondent did provide a written response denying the allegations, In ajune 28, 2021 letter, Mr. Goff sent his final investigation report to the parties and to Mr. Kent Boxey, the district's decision maker. Mr. Goff advised the parties that they had 10 days to submit written questions or responses to Mr. Boxey. No responses or questions were submitted by either party. On July 5, 2021, Mr. Boxey sent a memo to the Title IX Coordinator, Sarah Glan, asking that the investigator: © determine whether a police report was filed concerning the allegations contained in the Formal Complaint; and, © if police report was filed, obtain a copy of the report as part of the investigation. On August 3, 2021, Mr. Boxey received the police report and sent a copy of the report to the parties for response on that same day. No response was received from elther party. Findings of Fact Based on my review of the investigation report and all evidence collected as part of the investigation, including the statements made by the parties and various witnesses in the connection with the Midland County Sheriffs Office investigation, the Decision-Maker makes the following findings of fact to support this determination: ‘* Complainant was 8 years old and a third grade student at Meridian Elementary at alleged incident. . jas 9 years old and a third grade student at Meridian Elementary at the time of the alleged incident.’ ‘* Respondent is employed with the District as a physical education teacher at Meridian Elementary. ‘a: also considered a complainant, ie. an individual alleged to be the victim of conduct that could constitute sexual harassment, under Title Ix but for purposes of this determination letter, she will be referred to as Miss SI Reach Higher. (On Monday, April 26, 2021, complainant attended respondent's gym class with Miss en 9:07 a.m. and 10:07 a.m, when they played kickbail and “toilet tag." Immediately after gym class, the complainant and Miss loth reported to their teacher that they received an “unwanted touch from the respondent. Both students participated in a Safe and Sound lesson this school year that addressed what to do when they feel uncomfortable touch. Respondent admitted touching the complainant twice on April 26, 2021, once on her side to correct the way she was doing a plank, and the second time on her rib cage/side in a joking manner. Respondent advised police that he may have touched Miss [ibn the lower back during kickball. Complainant initially reported to her teacher that respondent touched her on the butt but then told police that respondent touched her butt and her genitals. Complainant was not truthful when she told law enforcement that Respondent had touched her genitals through her clothes during gym class. Complainant reported that the respondent dropped the pool noodle that he was holding for the tag game before he touched the complainant. Miss [toned the Respondent touching the complainant with a poo! noodle during the tag game. When asked by forensic examine ny Pochert to point to where the respondent had touched her, sill her hand on her lower back to demagstzate where the respondent had touched her. Miss feported to police that the respondent had touched the complainant in a similar manner as he had touched her. Board Policy Considerations Board Policy defines “sexual harassment” as conduct on the basis of sex that satisfies one or more of the following: a. A District employee conditioning the provision of a aid, benefit, or service on an Individua''s participation in unwelcome sexual conduct; b. Unwelcome conduct that a reasonable person would determine to be so severe, pervasive, and objectively offensive that it effectively denies a person's equal access to the District's education program or activity; or c. "Sexual assault” as defined in 20 U.S.C. 1092(f(6)A(v), or “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)'30). "Sexual assault” means any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault includes rape, sodomy, sexual assault with an object, fondling, incest, and statutory rape. Conclusion for Each Allegation Based on the foregoing, | conclude that a preponderance of the evidence does not support a determination that the respondent placed his hand on the complainant's butt and was rubbing/massaging the complainant while she was awaiting her turn to play a game during gym class on April 26, 2021. While the evidence supports a conclusion that respondent touched both students in a manner that made them uncomfortable enough to report the touch to thelr teacher, the complainant's statements to law enforcement officers about respondents alleged conduct are Reach Highernot credible and were contradicted by Miss ln several respects, Further, Mi ‘7 testimony was ambiguous as to the location of respondent's touch. Therefore, | conclude respondent did not violate the District's Title IX policy as referenced above. Disciplinary Sanctions and Remedies Because | have determined that the respondent is not responsible, the District will not impose any disciplinary sanctions on the respondent but the respondent should be mindful going forward that not all District students enjoy being touched or tickied in any manner. The District will not offer the complainant remedies because respondent was found not responsible but the District will continue to offer the complainant appropriate supportive measures to ensure continued equal access to the District's programs and activities. The Title IX Coordinator is directed to contact the affected students to discuss those measures and to ensure effective implementation of those measures. Appeal Rights Pursuant to the Policy, you may appeal this decision to Sarah Glann, Title IX Coordinator within 3 business days of receipt of this decision for the following reasons: 1. Aprocedural irregularity that affected the outcome; 2. New evidence that was not reasonably available at the time the determination of responsibility or dismissal decision was made that could affect the outcome; or 3. The Title IX coordinator, Investigator, or Decision-Maker had a conflict of interest or bias for or against the Complainant or Respondent, generally or individually, that affected the outcome. The Appeals process is described in the District's Title Ix Policy, which is also attached to the email that accompanies this letter As a reminder, the District prohibits retaliation against any person who files a sexual harassment complaint or who cooperates in the investigation of such a complaint. Please do not hesitate to contact me if you have any additional information or questions. Sincerely, Lt Pert, Kent Boxey Meridian Jr. High School Principal Reach HigherMERIDIAN PUBLIC SCHOOLS Office of the Superintendent 3361 N, M-30, Sa P. (989) 687-: ord, Michigan 48657 00 f. (989) 687-3222 htep://wwwamerps.ong April 021 Joshua Lon, Re: Paid, Non: linary Administrative Leave Dear Mr. Long: Meridian Public Schools (the “District”) received allegations that you engaged in inappropriate conduct with students. The District is currently investigating this matter. To ensure the intearity of the investigation, you are hereby placed on paid, non-disciplinary administrative leave until further notice. Your leave is effective immediately. During your leave, you are directed to do all of the following: . Immediately turn in all keys, documents, computers, electronic devices, or other school property that you have in your possession to Mr. Jared Goff . Be available, during regular school hours, to assist us in our investigation; . Cooperate fully with the investigation, including by producing any requested documents or information; : Nor delete or destroy any email, computer file, document, or other information thi relates to your job duties or that relates to any communication with District Students, or that is in any way maintained or stored on District property, including on the Distrc Except for Board of Education meetings of for the purpose of voting in an election, computers, electronic devices, or servers; not be present on school property or at a school-sponsored event unless directed to be present by a District administrator, and : Have no communication about the investigation with any current or former student or with any other school employees, volunteers, contractors, or community members, unless such communication is expressly permitted under Title IX. Failure to follow the directives as outlined in this letter may result in disciplinary consequences, up to and including termination of your employment.Nothing in these directives is intended to limit your rights under the Michigan Open Meetings Act to attend and make public comment at open meetings of the Board of Education. The District is investigating allegations of potential misconduct and reserves the right to impose disciplinary sanctions, up to and including termination of your employment, based on its findings. Please contact me if you have any questions. orey lent Meridi iblic Schools Signature indicates receipt and understanding, not agreement. Dated: April 28, 2021 c: Personnel File