Davis' suspension of teacher upheld by board

November 24, 2005

HUNTSVILLE —By a 4-2 vote with one member absent the Scott County Board of Education has voted to side with Director of Schools Mike Davis in a grievance filed by suspended Robbins Elementary School teacher-coach Bryon Scott Harvey.

That vote came during a special called meeting of the board at the Central Office Thursday evening.

Tennessee Education Association (TEA) representative Reba Luttrell, speaking on behalf of Harvey, charged that the administration had treated Harvey unfairly, that he was suspended on the basis of discrimination, and the administration failed to follow the complaint procedure as set forth in Harvey’s employment contract with the Scott County Teacher’s Association.

She called for Harvey’s reinstatement with all back pay and benefits and that the charges of unprofessional conduct and conduct unbecoming a teacher, as well as the letter of suspension, be stricken from his record.

She said her client had (in September) been involved in an incident which also included a female teacher, who received only a verbal reprimand, while Harvey was suspended without pay, advised not to come within 500 feet of the school facility or have any contact with Robbins Elementary staff members.

She said according to the contract, any complaint filed against a teacher “shall be in writing” (which was not done), and that the accused teacher has a right to face his accuser. She also said that the charges brought against Harvey were based on rumors and that by the administration’s failure to follow regulations and the law her client had been denied his rights as guaranteed in his contract.

Luttrell told the board that it need not make any response to her, but that it was required to make a written response to the Association.

Davis, when given an opportunity to respond by School Board Chairman Jake Sharp, stated that his actions were not based on the teacher’s contract, but rather on state law, which gives him the right to suspend any teacher at any time with just cause. He added that, as a result of the incident at Robbins School, he felt that it “was not safe to put both individuals back to work.”

In response to a question posed by Sharp, Director Davis said he did not make his decision “on gender basis,” and that Harvey wasn’t satisfied with that decision and was appealing it to the board.

Board member Sam Wright, who had earlier stated he felt it was a “he-said, she said” type of standoff, asked County Attorney John Beaty for his input.

Beaty told the board that while the teacher’s contract with the Scott County Education Association was “a binding agreement,” Davis was relying on state law for the actions he took with regard to suspending the teacher, which in almost all instances would take precedence over a contractual agreement.

As far as to the charge of discrimination is concerned, Beaty took the position that this situation “doesn’t rise to proof.”

Beaty went on to say that the board could act now “if it wants to,” or it could deliberate on whether or not to uphold the director’s actions or “strike it.”

Jim Sexton subsequently made a motion to accept the director’s report, which was seconded by Vivian Smith. On a roll call vote, only Wright cast a dissenting vote. Before that 5-1 vote could be recorded, however, Board member Rodney West asked to have his vote changed to no, as well. Still, the motion carried by a 4-2 margin, with Board member David Marlar absent from the meeting.

Immediately following the meeting, Harvey presented members of the local news media present with a copy of a 27-page petition bearing the signatures and addresses of 308 “voters, taxpayers and citizens of Scott County . . . Showing our support for Bryon Scott Harvey” and requesting the board of education “to keep Mr. Harvey as a member of the Robbins Staff.” The petition heading also asks: “We hope that he will return to work as soon as possible, because he is a great asset to the staff, students and members of the school community.”

Also attached to the petition was a two-page document containing 43 signatures and phone numbers of what are apparently Robbins students, under the heading of “We Want Our Coach Back.”

In other matters, the board voted 5-0 to accept a $6,950 bid submitted by B&B Roofing to construct a canopy at Robbins Elementary School from the gym to the street at the north side of the building to keep students in the dry while entering or existing the building.

newsroom@ihoneida.com

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