Fayetteville School Board considers personnel matter

NWA Democrat-Gazette/ANDY SHUPE Justin Eichmann (left), Fayetteville School Board president, is shown in this file photo alongside Nika Waitsman, board secretary, during a special board meeting at the Adams Leadership Center at Fayetteville High School.
NWA Democrat-Gazette/ANDY SHUPE Justin Eichmann (left), Fayetteville School Board president, is shown in this file photo alongside Nika Waitsman, board secretary, during a special board meeting at the Adams Leadership Center at Fayetteville High School.

FAYETTEVILLE -- The School Board voted to further consider a personnel matter it discussed during an executive session Wednesday evening.

The School Board didn't identify the employee who was the subject of the discussion.

The board called to order a special meeting at 5 p.m. and went into executive session for about two hours.

Superintendent Matthew Wendt, who is on paid administrative leave, was asked to join the board during the executive session. He was with them for about an hour. No one else was asked to attend the executive session.

When they reconvened in public, board president Justin Eichmann asked Susan Keller Kendall, the board's lawyer, to explain the next step before putting anything to a vote.

Kendall said it would be appropriate for the board to withhold a decision on the matter until the employee was notified of the issues and had a hearing before the board.

Traci Farrah, vice president of the board, said, "I move forward that we proceed to take action and afford the employee the opportunity to be heard."

The board voted unanimously to proceed.

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Kendall released this statement immediately after the meeting: "The board has deemed it appropriate to proceed with further consideration of a personnel action. The board will not make any personnel decisions without ensuring that constitutional due process is afforded to its employees. The board has been diligent in its efforts to bring a fair and swift resolution while respecting the rights -- constitutional, privacy, or otherwise -- of all parties involved. We appreciate your understanding that this is a pending personnel matter and that we cannot comment further at this time."

Kendall said the board will send a "notice of consideration of personnel action" to the employee involved. The employee will be notified of allegations made against them and that they have the right to request a hearing before the School Board, she said.

Wendt has been on administrative leave since April 7 in the midst of an investigation of a sexual harassment complaint. It was lodged against Wendt on March 14, according to a letter dated April 2 from the complainant's lawyer, Suzanne Clark, to the School District's general counsel Chris Lawson.

The letter said Wendt had sexually harassed a School District employee.

Lawson consulted with Eichmann after the complaint was made, and the district "immediately instituted an investigation into the allegations," Lawson said April 5.

The complaint and any supporting documents haven't been released.

The board released a statement about the complaint April 8.

"The board takes all complaints of sexual harassment very seriously and has in place a zero tolerance sexual harassment policy," according to the statement. "Pursuant to the policy, the district is required to handle such claims as a personnel matter in order to provide as much protection and privacy to the complainant and the accused."

The district has followed its protocol, including measures to stop any interaction by Wendt with the complainant, according to the statement.

Wendt's attorney Elizabeth Robben Murray said last week investigations of this nature are usually kept confidential.

"Wendt has completely and fully cooperated in that investigation," Murray wrote.

Murray said Wednesday after the meeting she had no comment.

Katie Stueart and Erin Johnson, both Fayetteville High School English teachers, were wearing black T-shirts with the words "Time's Up" printed on the front. It is a national slogan for a movement to end sexual harassment. Johnson also wore a teal ribbon as part of Sexual Assault Awareness month, she said. One of the school's faculty members made the shirts in her personal time, Johnson said.

"It's in awareness of the issue of sexual harassment and sexual assault," Johnson said.

Wendt was hired July 1, 2016. The School Board unanimously approved his contract Jan. 25. He is paid $231,080 annually.

John L Colbert, associate superintendent for support services, is acting superintendent, which follows the established district protocol, according to an email Wednesday from Susan Keller Kendall, lawyer with the Kendall Law Firm in Rogers and the School Board's legal counsel.

NW News on 04/19/2018

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