Resolution Relating to RESOLUTION________

Sponsor(s):
r Introduced: ____________________
RECEIPT OF INVESTIGATOR'S REPORT AND FOLLOW
Referred to: ____________________
UP STEPS ______________________________
Action: ________________________
Date: __________________________

In the year Two Thousand Eighteen ………………………………………………………………………

Resolved by the Board of School Commissioners, as follows:

1 WHEREAS, this Board of School Commissioners takes its responsibilities as the ultimate governing

2 body of the Burlington School District most seriously; and

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

9 wellbeing of the individual, and poses an obstacle to individual achievement,” and

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

12 constitute illegal racial discrimination; and

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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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

20 Board members and Administrators; and

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

28 1, V.S.A. Ch. 5; and

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

33 specifically 1 V.S.A. Sec. 317(c)(7); and

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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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

43 sure that this does not occur into the future.”

44 NOW THEREFORE IT IS RESOLVED by the Board of School Commissioners as follows:

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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64 101020/96 RESOLUTION - BSD Board Resolution 4-10-18