The Haverhill School Committee Thursday sent a proposed “School Committee member or appointee Discipline Policy” to a committee for further study. The policy includes a wide range of possible penalties.
The policy, crafted in the wake of charges against Committee member Cheryl A. Ferguson, proposes a series of actions against someone accused, including an initial order to “stay away from all school buildings” and, after legal processes have concluded, penalties such as a “public reprimand, censure, suspension, call for resignation, or removal of the accused from the position held…” The policy brought forth by Committee Vice Chairman Paul A. Magliocchetti would address circumstances where a school official is accused of criminal or other misconduct.
“In light of our recent events, we’ve been acting and following through with the interests of protecting the children and families in the city and in our schools,” Magliocchetti said. “During this process, we all had questions. We never come across things that we’ve come across recently, so during our discussions people felt we should have a policy,” he said.
As WHAV reported in October, first-term Ward 3 committee member Ferguson was charged with alleged indecent assault and battery on a teenage boy.
Magliocchetti said he worked closely with school lawyer David M. Connelly to draft the policy. In some cases, the draft policy notes, state or federal laws may limit available disciplinary options. “We basically memorialized what we’ve been doing to date and what we, as a Committee, talked about doing as we move forward and we made it very clear what the infractions would be,” he said. “Even though we are limited with what we can do, it does give us some options.”
Committee member Yonnie Collins, agreeing with the intent of the policy, cited concerns with the clarity of the policy’s language. “For example, the first bullet point, public reprimand, is that of the person?” She asked. “I understand putting out a statement. I don’t know if that is what that language meant so I would like some clarification on that. Also, the paragraph that starts off with ‘the School Committee ultimately determines by a preponderance of evidence that the accusations and/or allegations have been sustained,’ if we could supply evidence, for example conclusion of a case, at what point is it sufficient evidence and not just allegations?”
Magliocchetti clarified that the intent is to give discretion to the Committee to allow the body to define “by the situation.” He explained, the board determines “what level an infraction might be and whether or not any action should be taken.”
Collins also cited concerns regarding language which defines how Committee members and district personnel conduct investigations.
“It just didn’t sit well with me, I guess,” she said. “Like Ms. Sullivan said earlier, ‘we all have great minds, we all might not be here.’ God forbid this ever happens again that having clear language does not give members an opportunity to have an agenda against someone.”
Magliocchetti clarified the policy is written to be very limited, to be used in a “very narrow set of circumstances.” He explained “That was one of our concerns, we don’t want people to have personal agendas,” he said. “This takes it out of our hands. It’s very, very specific with what has to happen and the authorities that have to be involved.”
Members Jill Story and Thomas Grannemann cited similar concerns, with Grannemann saying he believes it is “not quite ready for prime time.”
Magliocchetti motioned to send the proposal to the policy subcommittee and with a second from Story, Mayor Melinda E. Barrett, members Collins, Grannemann, Story, Mikaela Lalumiere, Richard J. Rosa, Maura L. Ryan-Ciardiello and Gail M. Sullivan supported the measure.
Members Erica Diaz and Ferguson were absent. Ferguson is expected to return to Haverhill District Court in December.