EDITOR'S NOTE: This is the third of eight articles about the termination hearing and ultimate firing of Jann Gibson, principal of Cutter Morning Star Elementary School. The Cutter Morning Star School District held the hearing from 5 p.m. Friday to almost 1:20 a.m. Saturday. Board members voted at the end of the hearing to fire Gibson.
Multiple reasons listed by the Cutter Morning Star School District in its presentation to fire former Principal Jann Gibson dealt with two allegations of child abuse, despite contradictory statements by school employees and the Arkansas Department of Human Services clearing Gibson in both cases.
At least two of the reasons listed related to the paddling of a child in April and allegations of threatening behavior by Gibson. Parents of both children testified during a termination hearing which began at 5 p.m. Friday and lasted more than eight hours.
The Sentinel-Record follows The Associated Press privacy guidelines and does not identify possible juvenile victims of abuse, or the names of their parents, which could potentially identify them. Both parents stated who testified Friday stated their names during the hearing and the names of both children were publicly stated multiple times by various officials.
The newspaper submitted a request under Arkansas' Freedom of Information Act at 2:16 a.m. Saturday for the packet developed by the administration for the hearing. The request had not been fulfilled by presstime Monday night.
The first allegation involved a parent who alleged someone from the school district previously reported her family to DHS, who subsequently conducted an investigation on the family. Gibson oversaw the paddling after obtaining permission from the parent and adhering to policy information provided by Larry Ivens, who was the district's compliance director. Ivens was not retained by the district after the 2016-17 school year.
Kent Wasson, a physical education teacher and coach, actually carried out the paddlings. The parent said she noticed bruising on her son shortly after and called Gibson at the school. The parent said she made it clear she wanted to report the incident and claimed Gibson sought to dissuade her from doing so.
"Ms. Gibson said, 'I can't tell you not to report it, but I just want you to know when you go to the authorities, then that puts people's jobs in jeopardy and we definitely don't want to do that,'" the parent said. "So, when I left, the more I thought about it, the madder I got. How dare you to do that to me and then you do something to my son and not report it."
Gibson disputed the claim. She said she asked the parent to return to the school with the child to enable Garland County sheriff's Deputy Mark Kizer to determine whether a report should be filed.
The parent said her family was leaving for vacation the next day and wanted to resolve the matter. She said she showed Gibson pictures of bruising on her son on her phone and could not recall if she showed Kizer, the district's school resource officer. The parent said Kizer informed her nothing would be done as long as the punishment was carried out on the fatty part of the behind.
"Did you know that Deputy Kizer had sufficient authority to arrest somebody for doing child maltreatment?" asked Gibson's lawyer, Robert Newcomb, of Little Rock.
"No, I didn't," the parent said. "I thought it was like a procedure that had to be done."
"So, you don't think law enforcement officers have the authority to do that?" Newcomb asked.
"She just answered your question," interjected Sharon Street, who represented the school board and moderated the meeting.
Kizer, a veteran law enforcement officer of more than 20 years, later testified Wasson mentored a group of young male students, including the child in question, throughout the year. He said red marks were visible soon after the paddling, according to pictures the parent showed him, but red marks are to be expected after corporal punishment.
Kizer said the mother physically showed the son's behind to him when she returned to the school and he said nothing was visible. The parent said in her testimony she did not show her son's behind to him in person.
Gibson said Wasson notified her in late May or June he learned he was being investigated by DHS. She said he agreed to accompany him to a meeting with the agency.
"We went and we talked for a few minutes to somebody who said that coach Wasson did not need to be nervous," Gibson said. "There was no case or no finding or whatever."
Gibson and Kizer said they believed the matter was resolved in June. The mother later filed a separate report with Arkansas State Police against Gibson, who did not carry out the paddling.
Letters from DHS stated both reports against Gibson were filed on the same date, Oct. 6. The incident involving the second child did not occur until the current school year.
Gibson received both letters on Nov. 27. The DHS ruled "the allegations were not supported by a preponderance of evidence" and were determined "unsubstantiated." Anderson notified Gibson on Nov. 2 she was recommending to the board Gibson be fired.
The district's packet included an allegation by the parent claiming Gibson taunted the student since April with additional paddlings, causing him anxiety. Anderson said she confirmed the student had an anxiety medication, but had no evidence or statement from a medical professional indicating Gibson was the cause of his anxiety. She confirmed under questioning by Newcomb that claim was only supported by a recorded statement from the parent and a verbal statement from the student.
"So, we don't know, as we sit here today, what is causing that child's anxiety?" Newcomb said.
"No, sir," Anderson said.
"But you are still relying on that as one of your bases for termination?" Newcomb asked
"Yes, sir," Anderson answered.
Gibson said she received positive cards and letters from the family after the incident. She said he would still run into the office to hug her and show her his grades.
Katee Fendley, school nurse, said he was friendly with Gibson and never appeared to be scared or intimidated by her. Pam Jackson, the elementary school administrative assistant who has been with the district for 28 years, also said the student never appeared to be distressed by Gibson.
"I have seen him hug her before," Fendley said.
"He was never scared," Jackson said. "He always talked to her."
Anderson confirmed she did not corroborate the allegations with the office staff and school personnel.
"I would think if you are going to try to take somebody's job, you had darn well go talk to people that might have information," Newcomb argued in his closing argument. "Dr. Anderson and her lawyers did not talk to one single teacher, one single support staff person to validate or see if there is any validation that this child was traumatized by (Gibson)."
The district was represented by attorneys Jay Bequette and Cody Kees, of the Bequette & Billingsley law firm in Little Rock. Bequette repeatedly questioned Gibson as to whether the parent's statement was a lie.
"So, is the mother's statement that you continued to threaten her son with paddlings, is that true?" Bequette asked.
"No," Gibson answered.
"So, the mother is lying about that?"
"I did not threaten him."
"So, the mother is lying about that statement."
"That statement is not true."
"So, the mother is lying?"
Many in the room broke into laughter as he continued to ask her the same question.
Another element of the firing dealt with the district's claim Gibson should have reported Wasson's DHS investigation to Anderson. Gibson said no district policy directs school personnel to report DHS investigations. She said school personnel frequently interact with representatives from the DHS.
"If the district wants her to be told about every time DHS makes an inquiry, makes a non-finding, we can put it in," Newcomb said. "Just you all tell us you want it in the board report each month and it can be passed up to you. When they close it that quickly, is that something you need to be informed about? Yes, you need to be informed if they find somebody that has done it. You are darn right, they should. If we were here on that, it would be a whole different issue."
The district claimed Gibson was required to report the incident as a mandated reporter of suspected child abuse or neglect. Newcomb argued the DHS rulings showed nothing about the incident made it necessary to report.
Local on 12/19/2017