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r Introduced: ____________________
RECEIPT OF INVESTIGATOR'S REPORT AND FOLLOW
Referred to: ____________________
UP STEPS ______________________________
Action: ________________________
Date: __________________________
1 WHEREAS, this Board of School Commissioners takes its responsibilities as the ultimate governing
3 WHEREAS, the Board believes that the conduct that it models in its dealings has a significant bearing
4 upon the education of its students which is its primary mission; and
5 WHEREAS, the Board fully believes in the words of the United States Supreme Court that “the
6 deprivation of an education is not like the deprivation of some other government benefit. Public education has
7 a pivotal role in maintaining the fabric of our society and in sustaining our political and cultural heritage; the
8 deprivation of education takes an inestimable toll on the social, economic, intellectual and psychological
10 WHEREAS, the Board received a statement of concerns from a District employee indicating that there
11 may have been impermissible racial bias which influenced an employment decision to a sufficient degree to
13 WHEREAS, the Board interpreted such statement of concerns as a complaint which it was obligated to
14 promptly and effectively investigate pursuant to its policies as well as pursuant to federal and state law; and
15 WHEREAS, the Board passed a resolution to this effect authorizing the then Board Chair and the
16 Board’s counsel to engage an experienced investigator on behalf of the Board and to authorize such
17 investigator to make appropriate inquiry to determine whether any illegal discrimination had occurred; and
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Resolution Relating to:
RECEIPT OF INVESTIGATOR'S REPORT AND FOLLOW UP STEPS
18 WHEREAS, the investigatory services of Daniel K. Troidl of DT Investigators were engaged for this
19 purpose and Mr. Troidl conducted an extensive investigation which included interviews of several District
21 WHEREAS, Mr. Troidl reached the conclusion that although the presence or absence of racial bias
22 could not be established on the basis of the assertions and denials referenced in his report, “there is no credible
23 evidence that such bias has manifested itself in the form of illegal employment discrimination. This is because
24 there has been no adverse employment action taken against the complainant on the basis of protected
25 characteristics.”….; and
26 WHEREAS, this Board has received Access to Public Documents requests from several news and
27 media organizations that the investigator’s report be made available to them pursuant to the provisions of Title
29 WHEREAS, the Board has consulted with its counsel and has been advised that consistent with the
30 decisions of the Vermont Supreme Court, the investigation report should be regarded as a public record which
31 should be disclosed pursuant to such requests because it would unlikely be regarded as a document which
32 would be exempt from disclosure under any of the exceptions set forth in 1 V.S.A. Sec. 317(c), including
34 WHEREAS, the Board has been advised by its counsel that the exemptions set forth in Sec. 317(c) are
35 to be “strictly construed against the record custodian” with “any doubts resolved in favor of disclosure”; and
36 WHEREAS, the Board has also been advised by counsel that it is most likely that if the Board elected
37 to not disclose the entirety of the report or to redact certain portions thereof, other than those relating to the
38 identity of the complainant, Vermont courts reviewing this determination would order disclosure, because any
39 privacy interests at stake in this matter would be regarded as heavily outweighed by the public interest in
40 knowing whether or not its elected or appointed officials have acted illegally; and
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Resolution Relating to:
RECEIPT OF INVESTIGATOR'S REPORT AND FOLLOW UP STEPS
41 WHEREAS, while the investigator’s report did not find the presence of any racial discrimination, he
42 added a caution that “all board members and District staff members should be continuously vigilant to make
45 1. The report of Daniel K. Troidl of DT Investigators dated April 1, 2018 shall be made available
46 to those news and media organizations who have requested it at standard copying costs following the Board’s
47 compliance with 1 V.S.A. Sec. 317(c)(42) by either securing the complainant’s consent to the disclosure of
48 his/her identity, or, if such consent is not provided, by redacting “information that could be used to identify”
49 the complainant.
50 2. The Chair of the Board shall convene a Board committee to reexamine the question of whether
51 the compensation of any employee(s) reporting directly to it has been appropriately established in light of all
52 pertinent factors.
53 3. The Board hereby requests the Superintendent of Schools to arrange for the Board to timely
54 receive appropriate training concerning the details of its obligations under its policies and federal and state law
55 to avoid impermissible employment discrimination on the basis of protected characteristics and also to receive
56 appropriate training on the subject of inherent bias and how best to deal with it.
57 4. The Board hereby proclaims that it is electing to take the steps referenced in paragraphs 2 and 3
58 above because it is the right thing to do, doing so will be consistent with its articulated policies, doing so will
59 be in fulfillment of its legal obligations and because doing so will serve to shield the Board from both
60 exposure to legal damages and the risk and expense of defending itself against any such claims.
61 5. The Board hereby also directs the Superintendent of Schools that he keep or put in place and
62 continuously monitor proactive measures to ensure that all reasonable steps are taken to preclude illegal
63 discrimination from occurring at all levels of the Burlington School District into the future.
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Resolution Relating to:
RECEIPT OF INVESTIGATOR'S REPORT AND FOLLOW UP STEPS