LEVEL TWO GRIEVA}ICE RESPONSE EMPLOYEE: DIAKA

LEVEL TWO GRIEVA}ICE RESPONSE
EMPLOYEE:
DIAKA CARTER
BOARD POLICY: DGBA
HUMBLE INDEPEITDENTSCHOOLDISTRICT
COMPLAINT # 13O6O3DC
LEVEL TWO RESPONSE
I.
PROCEDURAL BACKGROINID
On October 14,2013, I servedas the Superintendent'sdesigneeto hear the Level Two
grievance appeal of Diaka Carter, currently employed as one of two Associate Principals at
Summer CreekHigh School. At the time shefrled her Level Onecomplaint,June 3,2013, Ms.
Carter was the Associate Principal at Humble Higb School, Record at Tab I- Ms. Carter
complains of her reassignmentfrom Humble High School ('HHS') to Summer Creek High
School("SCHS')cffcctiveJuly 1,2013.'
The Level One conference was conducted by William V. Haefling, District Hearing
Officer, on June 13, 2013. On July 10, 2013, Mr, Haefling submittedhis Level One Response
that granted Ms. Carter's requestthat he investigate whether retaliation played arry part in her
reassignment,but deniedher requestto be retunr.edto the position of AssociatePrincipal at HHS,
Record at Tab 3. On July 25, 2013,Ms. CarterappealedMr. Haefling'sdecisionto Level Two,
and I was designatedasthe Level Two hearing officer.
II.
THE LEYEL TWO CONT'ERENCE
The Level Two conferencewas held on October 14, 2013. Ms. Carter attended
representedby her attorney,Michael R. Har':ris,and was allowed onehour for presentation. Leila
Feldman, General Counsel for the District, attended the hearing, but in accordancewith Board
Policy DGBA did not make a presentationon behalf of the Administration.
At the Level Two conference.Ms. Carter included the following documentsin the Level
Two Record:
1.
A SCHSCampusOrganizationalChart datedJuly 23, 20L3;
2A HumanResources"file snapshot"taken on August 14,2073,listing Ms. Carter
as an "AssistantPrincipal"; and
3.
A proposed SCHS Campus Argantzational Chart dated September 11, 2013
(which is attachedas Exhibit 1 to this Level Two Response).
' Ms. Carter was
initially reassignedas an AssistantPrincipal at SCHS, but aftel meeting with Ms. Carter, Dr.
Sconzorestoredher title asan AssociatePrincipal.
4
i="r\(=lF-
LEVEL TWO GRIEVA}ICE RESPONSE
EMPLOYEE:
DIAKA CARTER
BOARD POLICY: DGBA
HUMBLE INDEPEITDENTSCHOOLDISTRICT
COMPLAINT # 13O6O3DC
LEVEL TWO RESPONSE
I.
PROCEDURAL BACKGROINID
On October 14,2013, I servedas the Superintendent'sdesigneeto hear the Level Two
grievance appeal of Diaka Carter, currently employed as one of two Associate Principals at
Summer CreekHigh School. At the time shefrled her Level Onecomplaint,June 3,2013, Ms.
Carter was the Associate Principal at Humble Higb School, Record at Tab I- Ms. Carter
complains of her reassignmentfrom Humble High School ('HHS') to Summer Creek High
School("SCHS')cffcctiveJuly 1,2013.'
The Level One conference was conducted by William V. Haefling, District Hearing
Officer, on June 13, 2013. On July 10, 2013, Mr, Haefling submittedhis Level One Response
that granted Ms. Carter's requestthat he investigate whether retaliation played arry part in her
reassignment,but deniedher requestto be retunr.edto the position of AssociatePrincipal at HHS,
Record at Tab 3. On July 25, 2013,Ms. CarterappealedMr. Haefling'sdecisionto Level Two,
and I was designatedasthe Level Two hearing officer.
II.
THE LEYEL TWO CONT'ERENCE
The Level Two conferencewas held on October 14, 2013. Ms. Carter attended
representedby her attorney,Michael R. Har':ris,and was allowed onehour for presentation. Leila
Feldman, General Counsel for the District, attended the hearing, but in accordancewith Board
Policy DGBA did not make a presentationon behalf of the Administration.
At the Level Two conference.Ms. Carter included the following documentsin the Level
Two Record:
1.
A SCHSCampusOrganizationalChart datedJuly 23, 20L3;
2A HumanResources"file snapshot"taken on August 14,2073,listing Ms. Carter
as an "AssistantPrincipal"; and
3.
A proposed SCHS Campus Argantzational Chart dated September 11, 2013
(which is attachedas Exhibit 1 to this Level Two Response).
' Ms. Carter was
initially reassignedas an AssistantPrincipal at SCHS, but aftel meeting with Ms. Carter, Dr.
Sconzorestoredher title asan AssociatePrincipal.
4
i="r\(=lF-
Subsequentto the Level Two ConferenceI am including the following documentsin the
Level Two Record.
1.
2.
ilr.
Ms. Carter'sAppealto Level Two
BoardPolicy DGBA (Local) and (Legal)
MS. CARTER'S COMPLAINTS AT LEVEL TWO
On May 10, 2013,Ms. Carter was notified by Trey Kraemer,AssistantSuperintendent
for Secondary Schools, that she was being reassignedfrom her position as the Associate
Principal at HHS to an AssistantPrincipal position at SCHS. Ms.'Carter contendsthat during
this meeting, Mr. Kraemerrepresentedto her that she was being reassignedbecauseof "political
reasons,"not performanceconcerns.As referencedin her "Timeline of Events,"Record at Tab
2A, Ms. Carter contendsthat she was reassignedfrom HHS in retaliation for two incidentsthat
involve David Sitton, a history teacherat HHS, and the brother of Board Member Robert Sitton
(hereinafter referred to as "Board Member Sitton") that occurredin May of 2012. Specifically,
Ms. Carter alleges that: (l) In Muy, 2012, she was provided with inforrnation indicating that
David Sitton had no studentsassignedto his 5th period baseballclass, and in essencewasbeing
afforded an additional off period;' and (2) In Muy, 2012, she approved an administrative
recommendationthat David Sitton's teaching assignmentbe changedfrom US History to World
History for 2012-2013schoolyear. Ms. Cartercontendsthat Board Member Sittonhasretaliated
against her by influencing Mr. Kraemet's recommendationto reassignher from HHS to SCHS
and to "demote"her to an AssistantPrincipal.
Additionally, becauseof the excellent performanceevaluationsthat shehasreceivedfrom
her supervisor,HHS Principal Dr- CharlesNed, Ms- Carter expressesconcernthat her race
(African American) or gender (female) may have also played a part in Mr. Kraemer's
recommendation.
IV.
MS. CARTER'S REQUESTED RE,LIEF AT LEVEL TWO
At Level Two, Ms. Cartersubmitsthe following requestsfor relief:
(1)
Ms. Cartercomplainsthat Mr. Haefling did not adequatelyinvestigateor respond
to her complaints of retaliation and asksthat they be additionally reviewed at Level Two;
(2)
Currently,Ms. Carteris serving as an AssociatePrincipal at SCHS. At the Level
Two hearing, Ms. Carterrequeststo remain in this position, but be assignedjob dutiesthat are
traditionally given to an AssociatePrincipal, not an AssistantPrincipal. Specifrcally,Ms. Carter
complains that her current job duties include the supervision of a "Flouse of Students,"a
responsibility traditionally given to an AssistantPrincipal. Ms. Carter asksthat shebe givenjob
duties similar to that of the other SCHS Associate Principal, Paul Edwards, who does not
supervisea Houseof Students;and
' Ms.
Carterreportedthis informationto Athletic Director Troy Kite.
n'
L
(3)
Ms. Carterrequeststhat she be compensatedfor her attorney'sfees associated
with bringing this grievance as well the intangible damagesthat she has incr.uredto include
"anguish,pain, suffering,and stress."
V.
ADDITIONAL I TVESTIGATION AT LEVEL TWO
Board Policy DGBA providesthat the Level Two hearingofficer may considerthe Level
One record, information provided at the Level Two conference, ffid any other relevant
documents or inforrration that may help resolve the complaint. After hearing Ms. Carter's
specific complaints with the Level One decision, I met with Mr. HaeflinB, Dr. Ned, Mr.
Kraemer, Dr- Price, Dr. Sconzo,and Board Member Sitton to discussthern.
\rI.
IMARING OFFICER'S FIITDINGS
Basedon my review at Level Two, I submit the following findings:
1.
Board Member Sitton becamea member of the Humble ISD Board of Trustees
("the Board,") itr May of 2011. He is a previousgraduateof HHS, as his brotherDavid Sitton,
who is a current teacher/coachat FIHS. Board Member Sifion acknowledgesthat when he
initially came on the Board he was very concemedabout the administrativeleadershipat HHS.
He believed that many HHS teacherswere unhappy and were intending to leave.' Dr. Sconzo
confirms ttrat Board Member Sitton had discussedthese issueswith him on several.occasions
prior to the incidentsthat Ms. Carter complainsof that occurred in May 2012;a
2.
At the time that Board Member Sitton came on the Board,Dr. CharlesNed was
Principal at HHS and Ms. Carterwas the AssociatePrincipal. As an AssociatePrincipal, Ms.
Carter has always receivedexcellentperformanceevaluationsfrom Dr. Ned, Record at Tab 2
T-X, Dr. Ned confirms that he has always been pleasedwith Ms. Carter'sperfiormanceand
believesthat sheis an excellentadministrator;
3.
In May of 2012, Ms. Carter was provided information indicating that David
Sitton, A US History/baseballcoachat HHS, had no studentsassignedto his 5th period baseball
class and that he was not in football, baseball,or on campus dwing that period, or at least he
could not be located. Ms. Carterreportedthis information to the District'sAthletic Director Troy
Kite. My investigationrevealsthat Board Member Sitton did not discussthis incident with Dr.
Ned, I\4r. Kraemer, Dr. Price, Dr. Sconzo?or alryone involved in Ms. Carter's reassignment
decision;s
' Board Member
Sitton representsthat HHS has incurred a 30 percent attrition in teachersfor approximatelythree
consecutiveyears. He believedthat teachermoralewas poor at HHS and felt that the HHS administrativeleadership
was responsible.
4 In fact, Dr. Sconzo
recalls that Board Member Sitton had communicatedhis concernswith the leadershipat HHS
evenprior to coming on the Board.
' Board Member
Sitton statesthat he was unawareof this incident until after Ms. Cafter filed her Level One
Complaint.
?
4.
Later in May, 2012, David Sitton, was advised that for the 2012-2013 school year
his teaching assignmentwould be changed from US History to World History. David Sitton had
taught US History for many years and was upset by the change. At this sametime, severalother
HHS teachers were advised that their teaching assignments would be changed. David Sitton
spoke with Ms. Carter about the change and Ms. Carter expla"inedthat the teaehing ehangewas
initiated by Assistant Principal Monk and the Department Chair, Ms. Kansas;o
5.
Board Member Sitton states that he was in California when the teaching
assignment changes were announced, and represents that he received telephone calls from
approximately seven HHS teachers complaining of their changes. He states that he immediately
telephoned Dr. Sconzo to advise him of the teachers' complaints- He states that after he
contacted Dr. Sconzo, he received a telephone call from David Sitton advising that his teaching
assignment had also been changed. Dr. Sconzo recalls that Board Member Sitton did call him
from California about the teaching assignment changes at HHS- He confirms that Board
Member Sitton's comments were not directed toward David Sitton, but were made "globally" as
to all HHS teachers affected;7
6.
Board Member Sitton states that on the Saturday following his receipt of the
complaints concerning teacher assignments, he attended the HHS graduation ceremony- The
stage was set where all Board Members had a placard designating where they were to sit.
Unfortunately, there was no placard for Board Member Sitton. Board Member Sittonunderstood
that Ms- Carter and Assistant Principal Monk were in charge of the graduation ceremony, and
advised Dr. Sconzo ofthe incident:
7.
Board Member Sitton states that with Dr- Sconzo's approval he rnet with Dr- Ned
the following week to discuss the reasons for the teaching assignment changes and to determine
why he was not designated a place to sit at the HHS graduation ceremony. Additionally, Board
Member Sitton informed Dr. Ned that many HHS teachers were complaining of Ms- Carter's
strong personalify and felt that she was "pulling all the strings" at HHS, not Dr. Ned.o Dr.
Sconzo confirms that he was aware that Board Member Sitton wanted to personaliy rneet with
Dr. Ned to discuss his concernsand that had no objection to him doing so;
8.
Mr. Kraemer and Dr. Price were placed into their current administrative positions
in June 2012- Board Member Sitton states that he met with them soon thereafter and inforrned
them of the numerous complaints he received at HHS regarding the teaching assignrnentchanges
and informed them of what he believed to be a lack of leadership by the current HHS
o Ms. Carter
contendsthat during this meeting,David Sitton brought up the fact that his brotherwas on the Board,
Record at Tab 2A, paragraph3.
' Dr. Sconzo
statesthat when Board Member Sitton called, he knew nothing about the HHS teachingassignment
changes,and he asked his Deputy Superintendent,Ms. Hawkins, to look into them- Dr. Sconzostatesthat Ms.
Hawkins discussedthe changeswith Dr. Ned and reportedback to him that the changeswere necessary.
8 Board
Mernber Sitton statesthat Dr. Ned respondedthat he was aware of and approvedall of the teaching
assignmentchanges.
.l
I ' . , ' t , {; ' i - , ' _
administrativeteam.eBoard MemberSiuon also mentionedthat therewas a perceptionat HHS
that Ms. Carter,not Dr. Ned, wasrunningthe campus;
9.
At somepoint during the 2012-2013school year,Mr. Kraemerrnet with Dr. Ned
and discussedconcernsthat had beenraised,primmily by HHS teachers,relating to Ms. Carter.
Mr. Kraemerspecificallymentionedcomplaintsconcerning(1) theway that she dressed;(2) her
tattoo, and (3) her strongpersonality.Mr. Kraemertold Dr. Ned thatit was his own observation,
as well as th.e^
perceptionof others,that Ms. Carter appearedto be "runningthe show at HHS,U
not Dr. Ned;'u
10.
At somepoint during the 2012-2013school year, otherpoard Membersmet with
Mr. Kraemer and discussedtheir concerns about the lack of academic progress at HHS,
especially concemsrelated to the strength of the IB Program (lnternationalBaccalaureate)and
the strength of the campusleadership;
11.
At somepoint during the 2012-2013school year, Mr. Kraemertold Dr. Ned that
there was a perception in the HHS communlty that he was hiring primarily African American
teachers. Dr. Ned respondedthat his teacherhires representedthe demographicsof the campus,
and that he hiredthe bestqualified applicantfrom the "pool" of applicantsfor eachposition;
12.
At somepoint during the 2012-2013school year, Mr. Kraemerinformed Dr. Ned
that there was a nrmor *rat Ms. Carter was having an "affair" with one of the Assistant
Principals. VIr. Kraemer was advised of this by Dr. Price who had received this information
through a complaint submittedon the District's "anonymous tip line." Mr. Kraemer statesthat he
mentioned this to Dr- Ned, only becausehe believes that it is a part of his job to advisethe
principals who he supervisesof any information that has the potential to disrupt their campus.
Mr. Kraemerdeniesthat he relayedthis information to others;"
13.
At somepoint dwing the 2012-2013school year,Mr. Kraemer,Dr. Price, andDr.
Sconzo,discussedmaking changesin the administrativeteamsfor the 201,3-2A14school yearat
all.school levels. Dr. Price explainsthat the pu{pose of the administrativeteam changeswas to
strengthen the administrative teams and to provide administrators an opporfunity to gain
experience and leadershipby working on other campusesand with other teams. Dr. Price
representsthat noneof the ten high school administratorswho wereultimately reassignedfor the
208-2AM schoolyear were reassignedbecauseof performanceconcerns;
14.
Board Member Sitton statesthat in March 2013, he met with Mr. Kraemer and
Dr. Price following a breakfast at Kingwood Park and informed them that he was still hearing
complaints from HHS teachersabout the leadershipof the HHS administrativeteam. He asked
them "what the plan was" for HHS for the next school year. Board Member Sitton did not
referenceany particular administrator. Mr. Kraemer informed BoardMember Sitton that he was
e Board
Member Sitton statesthat his primary concern at I{HS was that the teacherswere unhappy with the
leadership and manner of communicationof the administrative team and wererapidly leaving. He believedthat
changesin the HHS administrativeteam were necessaryto improve teachermoraleandretention.
toMr. Kraemer
mentionedthat Ms. Carterdid not interactor communicateweli FIHSteachers.
tt Ms. Carter
accusesMr. Kraemerof repeatingthe rumorto a former HHS AssistantPrincipalEric Lathan.
J
',rr';ij ,l
was not being reassignedfor performancereasonsand that her "skill set" was better suitedfor
SCHS;
25.
Mr. Kraemer verifies that his recommendationto reassignMs. Carter was not
retaliatoryor basedon raceor gender,but insteadwas basedon what he believedto be the best
interestof FIHS, SCHS,andthe District;
was
26.
Dr. Sconzoverifiesthat his authorizationof Mr. Kraemer'srecommendation
not retaliatory or basedon race or gender,but instead was basedon what he believed to be the
bestinterestof HHS, SCHS,andtheDistrict;
27.
Ms. Carter met with Dr. Sconzo on May 17,2013 and complainedthat her
reassignmentwas retaliator)r,and that she was unfairly demotedfrom Associate Principal to an
AssistantPrincipal position despitereceiving outstandingperformanceevaluationsfrom Dr. Ned.
Ms. Carteraskedto be returnedto her position as the AssociatePrincipal at HHS. AlthoughDr.
Sconzo did not return Ms. Carterto HHS, he did direct that she uretainher title and associated
termsand conditions(includingpay) asa High SchoolAssociatePrincipal," Record at Tab 2J;
28.
Ms- Carterreportedto SCHS as an AssociatePrincipal. At this time, therewas
alreadyan AssociatePrincipalat SCHS,Paul Edwards. Although Ms. Carterretainedthe title of
an Associate Principal, she was assigned_^theresponsibility of a "House of Students,"
naditionally the role of an AssistantPrincipal.t' Mr. Edwardsdoesnot have the responsibilityof
a House of Students:and
29.
Subsequently,administrativediscussionshavetakenplaceto removeMs. Carter's
to more closely mirror the
"House" responsibilitiesat SCHSand to redefine her responsibilitiestraditional assignmentsof an AssociatePrincipal, Record at Tab 2P.""
\rIL
LE\rEL TWO DECISION
Based on my review and the findings submitted, it is my decision that Ms. Carter's
requestedrelief be GRANTED in part and DENIED in part, specifically:
(1)
Ms. Carter's requestthat there be additional investigation and responseto her
claims of retaliation is GRANTED.
The additional investigationthat I conductedand the
f,rndingsfrom my investigationareprovided in paragraphsV. andVI. above;
(2)
Ms. Carter's requestto remain as an AssociatePrincipal at SCHS and to be
assigneddutiestraditionally assignedto an AssociatePrincipal is GRANTED. Although thereis
no direct evidencethat Ms. Carter'sreassignmentwas retaliatory(or the result of raceor gender),
I believe that fundamentalfairnessrequiresthat she be allowedto remain, as she has requested,
at SCHS as an Associate Principal. Becausethere were no performanceissuesleading to her
ln Ms. Carterwas given
the "House"responsibilityfor 9th and 10th gradestudents(N-Z)20Attached
11,
as Exhibit l, is a revisedorganizational
chartproposedby SCtiS Principal,Mr. Hurst,on September
2Al3
e
ir:i.'
I t
reassignment,I find that she should be assignedjob duties that are traditionally assignedto an
AssociatePrincipal,and specifically that shenot be assignedthe responsibilityfor a "Houseof
Students." The record reflects that Principal Hurst has alreadyprepareda "draft" organizational
chart intendedto more equally divide job responsibilitiesbetweenMs. Carterand Mr. Edwards,
Exhibit 1. I suggestthat Dr. Sconzoand/orhis designeecontinueto work with Mr. Hurst to
finalize it; and
(3)
for her attorney'sfeesis DEI\[ED. Board
Ms. Carter'srequestto be compensated
Policy DGBA expresslyprovides that "eachparty shall pay its own costsincurredin the course
of the complaint." Additionally, Ms. Carter'srequest for the recovery of intangible damages
(anguish, pain, suffering, and stress) is also DEMED, as damagesof this nature are not
recoverablein an administrative grievanceproceeding
Any otherrelief requestedthat is not specificallygrantedhereinis DENIED.
Respectfully Submitted,
,/)
//
--PLr)l
J./'
ovl,ft<l.tet,
/ <LLI',@L
Ylvwr,&n t A, Lo 13
Date
Superintendent'sLevel Two Designee
cc:
Attorney Michael Harris for distribution to Ms. Carter
Leila Feldmanfor appropriate administrativedistribution
Note to Grievant:
If you choose to appeal this response to Level Three, you must file a written notice of appeal
within the time limits set in Board Policy DGBA (Local). You may contact Linda Cooney in the
General Counsel'sofFrceQ81.641.8045) for a copy of the Level Three appealform.
K%#v
w
To appeala Level Onedecision,or the lack of a timely responseaftera Level Oneconfetence,pleasefill
out this form completelyand submitit by hand delivery,fax, or U.S. mail to the Humble ISD General
Counsel'sOfiice, 20200EastwayVillage Drive, Humble,TX 77338,Fax:281-641-1056,
within the time
establishedin DGBA(LOCAL). Appeals will be heard in accordancewith DGBA(LEGAL) and
(LOCAL) or any exceptionsoutlinedtherein.
1. NameDiaka Carter
2. Address
Telephonenumbef,
3. If you will be represented
you.
in voicing your appeal,pleaseidentiff the personrepresenting
NameAttomey Michael Harris
Address1330PostOakBlvd Suite2550 City Houston Zip Code?7056
Telephonenumber7 13-395 -1268/713-864-640I
4. What/whois the subjectof your complaint?
My reassignment
for the 2013-14schoolyear.which was communicated
to rne on May 10ttr^2013in a
meetingwith the Asst. Supt.Trey Kraemer. The reasonfor my re-assig$ment
anddernotionwas
'Job
communicated
job
to me as"nothingto do with my
performancebased" but a
performance"or
"political" move. Which warrantsconcemon the role of my genderand/orracein the decision.The
violation of boardpolicy asit relatesto schoolboardmembersandtheir role in the eovemanceand
adminishativemattersof a oampus.That therewas influence b:/ a memberof membersof the school
boardto re-assienmy role for the 2013-14schoolvear and aswell asjob responsibilities,Retaliationfor
the discoveryandreportingof emplo,'/ee
D.S. in Mal/ of 2012 (who is relatealto schoolboardmernber
RobertSitton)who was foundviolating campusand district policiesconcerrringhis athleticperiocls.
Wherehe wasnot reportingto his assignedclassperiod and leavins carnpus.The re-assignment
ofthe
dutiesthat arenot alignedwith the generalroles andtraditionalresponsibilitiesof any of the Associate
Principalsof Humble ISD and is in fact a "defaoto"demotion.The tncompleteinvestigationoonductedby
hearingofficer William Haefling inthe level one erievance. As well asthe continuedpotentialfor
adversefinancial stabilitlr.the abilitv to advancein my careerand mli personalandprofessional
reputationandemotionalweli-being.
5. To whom did you presentyour complaintat Level One?
William Haefling District HearingOfficer
Dateof conference
Junei3.2013
Dateyou receiveda response
to the Level OneconferenceJuly 10.2013
6. Pleaseexplain specificallyhow you disagreewith the outcomeat Level One.
7. W
a copy of your oliginal compiaint and arrydocumentationsubmittedat Level One.
Complainant,
butmaybe
pleasenote: A complajnt
waymaybe dismissed,
foim thatis incomplete
in anyrnaterial
refllledv'iithall the requiledinfomrationif thefiling is within the designatecl
timefor filing a cornpiaint.
8' Attach a copyof theLeverone response
beingappealed,
if appricabre.
t
Date of filing_
Date appealnotice receivedby Humble
IndependentschoorDistict:
-, t, -
#*lt^d
)
complainant' pleasenote: A complaint
form-thatis incornpletein any mat:1ialway
may be dismissed,but may be
rcfilled with all the requiredi"r"-titi""iiti"
nri"g ir *itlrii tn" a".rgour"a t , for filing a comprainr.
4v1uv Ea!'rwayviltageunve . r.u. uox 2000
Humble,
Texas77947-2000
(281)641-8000
July10,2013
Ms. Diaka Carter
Via email:
DearMs. Carter:
You filed a Level One complaint und.erHumble Independe,ntSchool Dishict Board Pol
DGBA, which was receivedon June3, 2013.
On Jung 13, ZOI3, you met with me to discuss Cornptairrt# 13O603De. You sfateclthat'
reasonfor this complaint was yow transfer from Hum6le Hig!. School as anAssociateprincj
to SummerCreek High School as an Assistant Principal. Ysu did show lne an ernail from
Guy Sconzo, Superintendent of Humble ISD, that reissigned you as an Associate Principa
!99n1et Creek High School, but authorized.Thyrun Hurst, er'rncipat of Summer Creek E
School, to determine duties for all members of his administrative team. The remedies
requestedat the conclusion of our meetingwere:
1. An investigationof retaliationfor an inciderrt that occurredin May of 2012.
2. That you be returnedto your position as Associate Principal at HurnbleHigh Schoo
t}lre2O13-201_4
school year.
Dwing our meeting, I indicated to you that I may investigate this matter further if I felt there
a need.
Summarlr/Findings
In addition to reviewing the Level 1 audio tape of our conferenceon June 13, 2O13,I revi
and consideredthe following documentsthat you presentedto me at our meeting:
1.
2
3.
45.
6.
A timeline of everrtsbeginningaboutMay 5, z0rz, through June6, 2013.
A copy of Humble ISD Boardpolicy DAC (LOCAf).
Acope of Humble ISD BoardpolicyBBF (LOCAL).
A letter from Phyllis Webb,Counselorat Humble High School,datedlvne 12, Z0L3
TWoemails betweenDr. Guy Sconzoand you datedMay 1-0,20L3,andMay 11,20"
AMay 13,20L3, OpenRecordsRequestfrom you.
Euitdtrzg & €ot;r"ffLaruuise@irJor aur ctfitdren's,futwre.
I I
7. Trvo emails between you and Rick Gardner, Assistant Superintendentof Human
Resowces,
ouMay 13,2013.
8. An email from Dr. CharlesNed, Principalof Humble High School,datedMay 13, 2013,
- - .- .- neti$ing&is-stafFef eampus-adnrirfsha*iv,eehanges
9. An email from Trey Krae,mer,Hurnble ISD Assistant Superintendentfor Secondary
Schools,to Dr. Sconzoabout your conversationconceming adminishativereassignment
for 2013-14.
10. An email from Dr. Guy Sconzo,Superintendentof Humble ISD, datedMay 17, 2013,
which authorizedyou to retainyourtitle asHiglr SchoolAssociatePdncipal.
11.AMay 23,20l3,OpenRecordsRequestfrom you.
12.Emails betweenyou and Paul Roser on May 21, 2013, and May 21, 2073,conceming
your Requestfor Records.
13. A letter from Mrs. Lauren Shapiro,a teacherat Humble HigfoSchool,to you, datedJune
7,20L3.
14.Your carnpusadministrativedutieslist at SummerCreekHigh Schoolfor the 2013-2014
schoolyear.
15.Humble ISD AssociatePrincipalsdutiesat all Humble ISD High Schools.
16. The HumbleISD JobDescriptionof anAssociatePrincipal.
17. The HumbleISD JobDescriptionof anAssistantPrincipal.
18. Emailsbetweenyou andMr. GardneronMay 31,2013, andJune3, 20L3.
19. Emails betwee,lryou and Paul Roser datedJune 3, 2OL3,and June 5,2013, concerning
_
Q_P_enB,egpr4q4$nqg9*q,__
ffitffi
21. Your 2009-2010evaluation.
22. Yovr 20LO-201,|evaluation.
23. Your 2O1,t-2012evaluation.
24. Yoru 2012-20L3evaluation
I stated in our meeting on Juae 13,2OI3, that I would further investigatethis rnatterif I deemed
it necessary,and I did further investigatethis matterby reviewing the following:
1. A letter to you from Dr. Guy Sconzo dated May 10, 2013, assigningyou to Summet
CreekHigh Schoolas an AssistantPrincipal, efFectiveluly 1,2013.
2. A copy of your contract for the 2013-2014 school year, dated and signedby you on Mal
L 4 ,Z Ol 3 .
3. Pages 188-189of "The Educator's Guide to Texas School La$/', specificallySam,
ProfessionalCapacityand CompensationIssues.
4. An eight pageCommissionei'sDeCisionfrom Robert Scott, Cornrnissionerof Educatior
datedApril 13, 2012,in the matter of Holly McCoy v. Kermit ISD.
5. An eight pageCommissioner'sDecision from Robert Scott, Comrnissionerof Educatior
datedAprilz},z}l3, in the matterof Dn Cindy Montgomeryv. RichardsonISD.
I also discussedthis situationwith the following:
1. I interviewedDr. CharlesNed, Principal of Humble High School,on June t7,2013' D
Ned indicated to me that severalHumble ISD Board of Trusteeshave visited with hi:
over the past year, but that no discussions of you, or the Humble High Scho
administrativeteam.were held.
HI.,IMB
I
t
_*
Dr. Ned did discuss with me that he initially told Mr. Trey Kraemet, Assistant
luperintende,lrtof SecondarySchools,that it ** Lir desireto keep you at HumbleHigtr
Sc[ool for the 2013-2014schoolyear. Dr. Ned indicatedhe told \rft. Krarn e, ttrat,:'I
--- will--supporf pur- deeisiont-if
*&-Krae,mer-reeommended-yow--Mer
te-amsthercampus.
I interviewed Mr. Trey Kraemer,Assistant Superintendentfor Secondary Schools,on
June17, 2013. Mr. Kraemerindicatedto me that severalHumbleISD Board of Trustees
have visited with him. These discussionsincluded a shong caring for the successof
Humble High School and a concem about the adminisna[ve tein at Humble High
School. Mr. Kraemerindicatedthat other Humble ISD campuseshave been discussed,
is
well.
Mr. Kraemer assuredme that neither your name, nor other membersof the Hurrrblelligh
School administrative team, were ever mentioned by any member of the Board of
Trusteesand that his recommendingyour transfer to SummerCreek High Schoolwasto
take full advantageof your strengthsand experiences.
J.
I interviewed Mr. Rick Gardner,Assistant Superintendentof lluman Resorxces,on June
17,2013. Mr. Gardnerindicatedyou did meet wittr him on May 30, 2A13,at the request
of Trey Kraemer. Mr. Gardner stated you were concernedyour kansfer was due to
an issueyou discussedwith me on June 13. 2013. Mr. Gardner did follow
meetingwith an
to you
as
to me, yout
skills, talents, knowledge, and experience.
t
-'
4. I interviewed Dr. Tommy Price, CAO/Deputy Srrperintendentof llumble ISD, on June
17,2013. Dr. Price indicatedyou did discusspossibleretaliationfor an issuein May of
2012. Dr. Price indicatedto me that merrrbersof the Board of Trusteeshave visitedwith
him. During these meetings, concerns about various schools and administrative teams
were discussed. Dr. Price indicated that the Humbte High School administrative team
had been apafi of someof these discussionsbut that no individuals were mentioned,onl1
the team in general.
5 . I interviewedNick Jones,from TechnologyServicos,on June20, 2013. He assuredmt
that Paul Roserhad rehieved all the emails you requested.
6 . I interviewed Paul Roser, from Public Information, conceming your Open Record
requests. On June 27,2013, Mr. Roser explained to me the email backup systemfc
Humble ISD and email retrieval. In addition, Mr. Rosertold me that you were allowedt
open and print any email that you had requestedunder the Open RecordsRequest.
7 . I interviewed Dr. Guy Sconzo, Superintendentof Humble ISD, on Jvne 26,2013. D
Sconzo did indicate to me that past, and present,Board of Trusteeshave discussedwi'
him their concemsregardingevery high school campusin Humble ISD. Dr. Sconzod
indicate that Humble High School has been the campusmost discussed. Dr. Scoru
assured me that when administrative vacancies and transfers were considered, tl
discussionswere focused solely on making the best administrative tearnspossible I
cutrent, or past member, of the Board of Trusteestried to influence any transfer, includir
your transferto SummerCreekHigh School.
riunne
ee+plusis+
As a result of my investigation, I am able to make the following statementsregardingthe two
remediesyou seek:
1. While not listed as a remedy on your original Level 1 Grievanceform, you did indicate
in our June 13, 2013, confeiencethat you wanted me to investigateretaliation' I have
investigated your transfer, as it relates to retaliation, and I am unable to make a
deterurinationthat retaliation played any paxt in your transfer to SurrrmerCreek Higlr
School. As a result of my invistigatioo, i[ is my deter.minationthat eachadministrative
transfer for the 2Ol3-20I4 school year was mide solely with the intent of improving
administative teams. The remedy you were seeking, investigation of retaliation, has
beengranted.
2. I am unable to grant you the secondremedy you request, a retum to the position of
AssociatePrincifal at ilumble High School forihe 2A13-2014school year. You signed,
on May 14, 2613, a One Year-Term Contract for Certified ProfessionalPositions.
I{umble ISD is complying with this conkactual agreement.You will retain your litle an{
pay as an Associateitiniipat at SummerCreek High School for the 2073-2014school
yeaL
The decision of Trey Kraemer to recommend, and of Dr. Guy Sconzo to authorize, youl
kansfer was made to utilize your strengths and experiences at Surrrmer Creek Higl
School.
Sincerely,
/.,
wilMytfuff
L/
William V. Haefling7 V
District HearingOfficer
cc:
Linda Cooney,GeneralCounsel'sOflice
Rick Gardner,Assistant Superintendent
Trey Kraemer,Assistant Superintendent
Dr. ThomasPrice, CAO/Deputy Superintendent
Dr. Guy Sconzo,Superintendent
Enclosures
Complainant.pleasenote:
^ Fum ustfi1eawr ittennoticeofappea1toGener a1C ouns e1,s
2AZAOEastwayViilage brin", Humble, TX 77338 Fax: 28I-641-1056, within the time lim:
set in DFBA (LOC-AL). Access to the complaint form can be found at our websit
www.humbleisd.net,Human ResourcesDepartment,Forms Download. You may also reques
t-tl-iM
drxingrcgular
cooneyat 281'641'8045
Linda
contacting
formby
Aprpeal
T\nro
copyof theLevel
businesshours.
))
HUME
F'r\(jFji}8
t,
ONE
LEVEL
GRIEVANCE
FORM.
HUMBLE
ISDEMPLOYEE
W
fax,orU.S.mailtothe
youmustfilloutthisformcompletely
Tofilea formalcomplaint,
it byhanddelivery,
andsubmit
within
Fax:281-641-1056,
HumbleISDGeneral
TX 77338,
Counsel's
VillageDrive,Humble,
Office,
20200Eastway
DGBA
and
DGBA(LEGAL)
with
thetimeestablished
in DGBA(LOCAL).
will
in
accordance
Allcomplaints beheard
(LOCAL)
oranyexceptions
outlined
therein.
1. NameDiaka
Cafter
Position/Campus
Associate
Principal,
HishSchool
Humble
2. Street
Address,
City,Zip
Telephone
numberf
you.
pleaseidentify
representing
3. lf youwillberepresented
yourcomplaint,
theperson
invoicing
StreetAddress,
City,Zip
Telephone
number
againstany
4, Who/what
ot charges
complaints
isthesubject
ofyourcomplaint?
lf youaremaking
please
specific
individuals,
byname:
identiff
eachofthoseindividuals
toschool
concem
ofboardpolicvasit relates
astheroleof mvoender
Theviolation
and/or
raceinthedecision.
andthattheirwasinfluence
ofa campus
boardmemebers
matters
andlheirroleintheooverance
andadministrative
forthe
school
vear,Retaliation
bva member
ormembers
mvroleforthe2013-14
oftheschool
board
to re-assion
who
RobertSitton)
to schoolboardmember
discoverv
andreportinq
of emplovee
D.S,in Mavof2012(whois related
tohis
periods
policies
inwhichhewasnotreportinO
wasviolatinq
hisathtetic
campus
anddistrict
concerninq
rolesandtradtional
withtheqeneral
assigned
5thperiod
thatarenotalinqned
class.
There-assinoment
ofduites
grievance.
yourgrievance.
youareaware
Pleasestate
supportyour
5. Please
statesoecific
specific
factsofwhich
awareto support
facts
whichvou
(Listindetail-useanadditional
pageif needed)
statements'
emplovee
andwritten
correspondence
including
theperformance
inthatrole,various
ofiobduties
youtcomplaint?
causing
oreircumstances
7, Please
or circumstance.
explain
howyouhavebeenharmed
bythisdecision
Thisre-ass
mvcareer,
myprofessional
beinq,
repuation
andemotionalwell
to
andtheresponses
yourcomplaint
informally
youhavemade
L Please
describe
anyeffofis
to resolve
yourefforts.
with
butrrayberefiled
pleasenste:Acornplaini
wayrnaybedistttissecl,
Conrplainant,
inanyrnaterial
forrnthatisincomplete
'ihis
documents
any
fornt
io
Atrach
alltherequired
information
isvrrithin
timeforfilingacomplaint,
if therefiling
thedesignated
nolaterihantheLevel
yoirbelieve
thisform,theyrnaybepresen'ied
willsuppori
whenyousubnrit
thecornplaini;
if rrnavailallle
yoltr
recorcls'
for
docurnentation
Oneconference.
Piease
forrn
anclanysupporiing
keep
acopy
ofihecompletecl
w
Toflleaformalcomplaint,
youmustfilloutthisformcompletely
fax,or U.S.maittothe
andsubmit
it byhanddelivery,
Humble
ISDGeneral
within
Counsel's
VillageDrive,Humble,
Fax:281-641-1056,
Office,
20200Eastway
TX 77338,
thetimeestablished
in DGBA(L0CAL).
and
DGBA
willbe heardin accordance
withDGBA(LEGAL)
Allcomplaints
(LOCAL)
oranyexceptions
outlined
therein.
1. Name
Diaka
Carter
Position/Campus
2. Street
Address,
City,
Telephone
3. lf youwillbe
you.
representing
StreetAddress,
City,Zip
Telephone
number
4. Who/what
isthesubject
ofyourcomplarnt?
againstany
lf youaremaking
complaints
orcharges
please
specific
individuals,
identify
eaclirf ihoseindividuals
byname:
policv
concem
astheroleof mvoender
toschool
asit relates
and/or
raceinthedecision.
Theviolation
ofboard
boardmemebers
andtheirroleintheooverance
andthattheirwasinfluence
matters
ofa campus
andadministrative
bva member
forthe
ormembers
oftheschool
school
board
mvroleforthe2013-14
tore-assiqn
vear.Retaliation
discoverv
who
RobertSitton)
andreportinq
boardrnember
of employee
D.S.in Mayof2012(whois related
toschool
policies
periods
wasviolatinq
tohis
campus
anddistrict
hewasnotreportinq
hisathletic
inwhich
concerninq
assiqned
5thperiod
rolesandtradtional
class.
There-assinqment
withtheqeneral
ofduites
thatarenotalinqned
responsbilities
oftheAssociate
Principal
roleandisinfacta "defacto"
demotion.
youareaware
yourgrievance.
5, Please
statespecific
factsofwhich
tosupport
- useanadditional
(Listindetail
pageif needed)
principal,
Notifcation
ofreassingment
HiqhSchool
asanassistant
forthe2013-14
Creek
school
vearto Summer
includino
theperformance
staternents,
ofiobduties
andwritten
emplovee
inthatrole.various
correspondence
orcircumstances
causingyourcomplaint?
7. Please
explain
howyouhavebeen
harmed
orcircumstance.
bythisdecision
in
Thisre-assinoment
toadvance
canbedeemed
beinq.
aswellasabilitv
deteilimental
tomyfuturefinancialwell
mvcareer,
mvprofessionalrepuation
andemotionalwell
being,
youhavemade
to
8. Please
describe
yourcomplaint
anyefforls
informally
andtheresponses
toresolve
yourefforts.
please
with
Complainant,
note:A complaint
waymaybedismissed,
butntayberefiled
formthatisincomplete
inanymaterial
alltherequired
information
iftherefiling
Attaehtothisformanydocuments
iswithin
timeforfilingacomplaint,
thedesignated
youbelieve
willsupport
nolaierihantlieLevel
thecomplaint;
thisfornr,
theymaybepresented
if unavailable
whenyousubmit
your
Oneconference.
records.
Please
keep
docunieniation
for
acopy
ofthe
cornpleted
fonnandanysupporiing
remains
theSuoertiendent.
AsstSupeftiendent,
Ofiicer.
Atthistimethematter
HRDirector
andChief
Academic
unresolved.
/0w
Withwhom
didyoucommunicate?
Ma\y'.2013
TrevKnaemer Onwhatdate?
youseek
9. Please
describe
theoutcome
orremedy
forthiscomplaint.
qrievant
Principal
The
asanAssociate
should
whole
ineverv
waybyre-establishino
mvroleandduties
bemade
atHumble
Hioh
School.
Act?: Y E S N
avlolatlon
oftheTexaeWhlstleblower
Signature
ofcomplainant
Dateof filing:
b-J*/,A
NOEl
s representative
Signaturc
ofcomplainaff
b-3Date
received
byHumbleJSO:
complaint
rHts
sAvEAtJD
PRTNT
Dorr"rPo\*
t3
t"-i:,
LQ-
tE
"I. l ;'l I
,t: i'.
()
with
please
butmayberefiled
waymaybedismissed,
Complainant,
note:A complaint
in anymaterial
formthatisincomplete
Attachtothisformanydocuments
alltherequired
information
if therefilingis withinthedesignated
timeforfilinga complaint.
youbelieve
nolaterthantheLevel
willsupport
thisform,theymaybepresented
thecomplaint;
if unavailable
whenyousubmit
foryourrecords.
Oneconference,
Please
formandanysupporting
documentation
keepa copyofthecompleted
Humble,lexas I ls'+t -zvvv
(281)641-8000
LEVEL OI\IEDGBACOMPLAINT RESPONSE
-44
July10,2013
Ms. DiakaCarter
You filed a Level One complaint under Board Policy
DGBA, which was receivedon June3, 2013.
On June 13,2O'I3, 1ou met with nre to discussCorry-tairrt# 1306ffiDe. You sratedthat the
reasonfor this complaint was yonr transferfrom Husrble Higfo School as an AssociatePrincipal
to SummerCreek High School as an AssistantPrincipal. You did shovrme an email from Dr.
Guy Sconzo,Superintendent of Humble ISD, that reassigned you as an AssociatePrincipal at
Summer Creek High School, but authorizedThynrn Hurst, Principal of Summer Creek Higlr
School, to determine duties for all membersof his administrative tearn. The remedies you
requestedat the conclusion of our meetingwere:
1 . An investigation of retaliation for an incident that occurredin May of 2017.
2. That you be retunnedto your position as Associate Principal at Humble Higlr School fo
the 2O13-20L4schoolyear.
Dwing our meeting, I indicated to you that I may investigate this matter funher if I felt therewa
a need.
Summar.vlFindings
In additionto reviewing the Level 1 audiotape of our conferenceon lune 13, ZO13,I reviewe
and consideredthe following documentsthat you presented to me at or:r rneeting:
1.
2.
3.
4.
5.
6.
Atimeline of eventsbeginningaboutMay 5, 2012, through June6, 2013.
A copy of Hurnble ISD BoardPolicy DAC (LOCAL).
Acope of Humble ISD BoardPolicyBBF (LOCAL).
Aletter from Phyllis Webb,Counselorat Humble High School,datedlune 12, 2013.
Two emails betweenDr. Guy Sconzoand you datedMay L0, 2013,andMay 11,2Ot3.
AMay L3,2OL3,OpenRecordsRequestfrom you.
Building a eommon uisionJor our cttitdren'sJuture.
l',l.t.i: i i
HUME
LEYEL TWO APPEALNOTICE
To appeala Level Onedecision,or the lack of a timely responseaftera Level Oneconference,
pleasefill
out this tbrm completelyand submitit by hand delivery,fax, or U.S. mail to the Humble ISD General
Counsel'sOffice,20200EastwayVillageDrive,Humble,TX 77338,Fax:281-641-1056,
within thetime
establishedin DGBA(LOCAL). Appeals will be heard in accordancewith DGBA(LEGAL) and
(LOCAL) or any exceptions
outlinedtherein.
1. NameDiaka Carter
2. Address12227CmiageOakCr CityHumble ZipCode77346
,4/t'
Telephonenumber281-948-3
134
3. If you will be represented
you.
pleaseidentiff the personrepresenting
in voicingyour appealo
NameAttomey MichaelHarris
Address1330PostOakBlvd Suite2550 City Houston Zip Code77056
Telephonenvr$er 7 13-395 -126817
l3-864-640t
4. What/whois the subjectof your complaint?
My reassignment
for the 2013-14schoolyear.which was communicated
to me on May 10ttr.2013in a
meetingwith ttreAsst. Supt.TreyKraemer. The reasonfor my re-assignment
anddemotionwas
communicatedto me as"nothingto do with mlzjob performance"or "job performancebased" but a
"political" move. Whichwarrantsconcernon the role of my genderand/orracein the decision.The
violation of boardpolicy asit relatesto schoolboardmembersandtheir role in the govemanceand
administativemattersof a campus.Thattherewas influenceby a memberof membersof the school
boardto re-assisnmy role for the 2013-14school)iearand aswell asjob responsibilities.
Retaliationfor
(who
the discoveryand reportingof employeeD.S. inMay of 2012
is relatedto schoolboardmernber
RobertSitton)who was foundviolatingoampusanddistrict policiesconcerninghis athleticperiods.
Wherehe was not reportingtohis assignedclassperiodand leavingcampus.There-assienment
of tho
dutiesthat arenot alignedwith the generalroles andtraditionalresponsibilitiesof an--rof the Associate
Principalsof Humble ISD andis in fact a "defacto" demotion.The incompleteinvestigationconductedby
hearingofficer William Haeflinginthe level one grievance.As well asthe continuedpotentialfor
adversefinancial stabilit'. the ability to advancein mli sareerand m-'/personalandprofessional
reputationand emotionalwell-being.
5. To whom did you presentyourcomplaintat Level One?
William Haefling District HearingOfficer
Dateof conferenceJune13.2013
Dateyou receiveda response
to theLevel OneconferenceJuly 10.2013
6. Pleaseexplain specificallyhow you disagreewith the outcomeat Level One.
7. Attach a copy of your originalcorrplaint and any documentationsubmittedat Level One.
Complainant,pleasenote: A complaint
butmaybe
formthatis incomplete
in anymaterialwaymaybedismissed,
refilledwith all the requiredinformation
timefor filing a complailt.
if thefiting is withinthe designated
irAi;l.: i 1