DALTON —
An attempt to steer one sixth-grader away from gangs has cost two North Whitfield Middle School teachers a 10-day suspension without pay.
The Whitfield County Board of Education voted unanimously Thursday to suspend Brian Decker and Darlene Morgan for 10 days. The two had been charged by the school system with insubordination, willful neglect of duty and other charges for taking the boy from campus during the school day to get a soccer physical. The board could have terminated their contracts, suspended them without pay up to 60 days or reinstated them.
During a termination hearing that lasted almost all day, there was little dispute about the basic facts of the case. The two took the boy from school on Feb. 10, without telling administrators, to get a sports physical so he could try out for soccer.
Morgan and Decker, who both teach the boy, testified they had become concerned with his dress and behavior.
Morgan said he had been seen wearing a handkerchief sticking out of his pocket and wearing one glove, signs she feared indicated he was “a member of a gang or taking an interest in gangs.”
“I wanted to show him there were other options out there,” Morgan said.
The two teachers testified they knew the boy liked soccer, so they encouraged him to try out for the middle school team to keep him busy and out of trouble after school. But there was one problem: He needed a sports physical to try out.
The boy’s older brother, Jose Hernandez, testified that their mother faced several difficulties in getting a physical for the boy. She works 12-hour shifts. She has no car, and she speaks very little English. The brother said he usually acts as the boy’s guardian in regard to school, signing forms and translating for his mother. But he said his time was limited because he works long hours and has a child of his own to take care of.
The brother testified that he and his mother knew Decker was trying to help the boy get his physical but did not know he would be taking him to the doctor. When asked if they had any complains about the teachers taking the boy to the doctor, he said they didn’t.
“We appreciated it,” he said.
Morgan and Decker said they looked for ways to help the boy get his physical, but tryouts were scheduled to start on the afternoon of Feb. 10, and the boy still did not have his physical, so they decided to take the boy to a nearby clinic.
Decker went to the front office to sign himself and Morgan out as she waited in the car with the boy. Both he and Assistant Principal Chris Parker testified that when Parker asked where they were going, Decker simply said they were going to the doctor.
Only after the got back did they tell school officials they had taken the boy with them.
Parker and other school officials testified the two were very open about where they had been and why they had taken the boy. But Parker said that if the two had approached administrators or counselors or social workers prior to taking the boy off campus they would have worked with them to try to get they boy a physical.
Decker and Morgan both testified that in retrospect they showed poor judgment, but they said they were motivated by their concern for the boy and by the time pressure they felt.
“I made a mistake. If I had it to do over, I would make better choices,” Decker said.
After interviewing Morgan and Decker the day after the event, school officials placed them on paid administrative leave. On Feb. 22, school officials offered them a choice to take a 10-day suspension without pay or ask for a termination hearing. The two accepted the suspension, and the school system began to dock their pay. But school board members refused to accept the recommendation from their staff. And on March 1, school administrators told the two they could either resign or ask for a termination hearing. The two chose a hearing.
After hearing all the evidence, board members imposed the same sanction school officials had previously recommended.
Board chairman Tim Trew said in reading the board’s decision that they rejected the initial recommendation because they didn’t have enough information. He said after hearing all of the evidence, and hearing all the character witnesses called by the teachers’ attorneys they felt comfortable with the recommendation.
“That’s why we needed this hearing,” he said.
After the hearing, both Morgan and Decker said they believed the process was fair and they were pleased with the result. They were given the option of starting their suspension today or applying it retroactively to the time they were not at work. If they choose the latter, they can return to work Monday.
Morgan said she plans to return to work Monday. Decker said he had to think about the choice.
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