School Faces Tough Choices

 

November 2, 2022

Lura Pitman

The Roundup Herald recently had an article about some new interest in one of the school's teachers. A request was made for me to follow up and see if there is more information. I went to the district office and spoke to Josiah Mayfield, the new District Superintendent. I asked him if he could shed some light on the issue, and he gave me the schools public statement, attached at the end of the article, which was also published in the Roundup Herald.

It seems as if the problem is solving itself within the Roundup School District, and the OPI (Office of Public Instruction). The school did not know of the charges against the instructor until April, the same time that the public found out. I inquired if a background check had been done for this teacher at the time of hire. Josiah says there is a process in place and nothing flagged when the subject was hired. They are following the legal actions that they are required to take.

The school board has never had a situation like this. Josiah explained that the policy to hire is for the teacher to turn in an application, which asks if they have ever been convicted of a felony, if they have, they must explain the conviction. They then would be fingerprinted for their license and credential, if they changed school, they would have to go through that process again anywhere they would move. Josiah is required to do training through the department of Justice to be able to look at "that" (any felony conviction), then it is examined, signed off on, and then either approved or not approved. If it is not approved the application is dead at that point. If it is approved, it goes into the system that they are approved. They then have to destroy the actual physical record from a privacy stand point, for personnel, then the matter is closed. At the time of hire, the educator in question had NOT been yet convicted. Josiah explained that some people may wonder if they would do more than one background check on an employee, however, that gets into complicated challenges with their CBA's (Collective Bargaining Agreement with teacher's union and the classified union). For example, if they are fingerprinted before hire, and then required to fingerprint again before tenure, the school cannot just do additional fingerprinting on a whim because of labor agreements with the union, and privacy.

If the school extends a contract to any employee after three years, they become a tenured employee in their fourth year by law in Montana. There is a much higher level of protection for teachers at this point. There are an immense number of trainings and other things that have to take place if there is a teacher at that point that is not "fitting the bill" and the school has to recommend releasing. They have a lot of protection due to tenure. Josiah states that is not Roundup school policy, but a nationwide policy. This is due to the union agreements. Before that period, the board of trustees has a crucial decision at that point. If they are offering tenure, or releasing them based on annual evaluations. In the first three years of employment, the teachers are evaluated annually, after tenure they are evaluated on a three year rotation negotiated into the CBA's (Collective Bargaining Agreement). Up to three years the non-tenured teacher can be released without cause. Josiah says the school takes hires on a case by case, and the school district must remain equitable to all applicants. The "buck stops" between his desk and the board of trustees who are vested with the responsibilities of the district.

The white-collar crime of the employee in question, is not a threat to students or the community. The subject is paying restitution for the crime, which begs the question, should he not be allowed to continue employment? The instructor is liked by many students and parents, and has taught at the school for three years. The complication of the situation is that he would be up for tenure this coming year, and a tenure changes everything.

If you want more information on the school policies, they can be found on the school website. The moral of the story for the school board and community is; BE CAREFUL WHO YOU TENURE. If you are concerned with who the school will be offering tenure to, you need to be in communication with the school board members and attend the school board meetings and make your concerns heard.

OPEN LETTER FROM ROUNDUP PUBLIC SCHOOLS

To: Roundup Community

The Roundup School District and Board of Trustees have been made fully aware of legal challenges that our employee Mr. Tom Cliff has been involved in. We are also aware of the community concern related to this matter that has been building since the beginning of summer. We understand from a community perspective the school district's public silence on this matter may be interpreted as a lack of action.

We would like to assure the community that the Roundup Public Schools superintendent and board of trustees have been working diligently to research this matter. Roundup Public Schools has worked with our legal counsel, Montana OPI general counsel and licensing department, Mr. Cliff has also fully cooperated with the school district to clarify the nature of the case.

At this time the board of trustees believes the Roundup School District is within OPI guidelines in retaining Mr. Cliff as an employee, and that there is no immediate concern with student safety or programs. We will continue to monitor the situation and communicate any developments to the public.

 

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