Carroll advocates changing state law

Published 7:58 pm Saturday, November 25, 2006

Recent allegations of sexual misconduct by a staff member at Elkmont High School have raised concerns among some parents and community members about state and school system policy. After some senior football players were reported for toilet papering the home of counselor’s assistant Jeana Boyd, the boys reported they had sexual contact with her.

The boys were punished — a parent said with suspension but it was later determined to be detention — for rolling the home.

Boyd resigned, so the school board can take no further action. The allegations have not been proven or unproven.

Limestone County Schools Superintendent Dr. Barry Carroll clarifies the issues surrounding the incident.



Q: Can disciplinary action be taken against students for incidents that occur off campus?

A: Yes! Disciplinary action can be taken for incidents that occur away from school. If a student violates any portion of the Code of Conduct directed toward an employee, disciplinary action can be taken. For example: If an employee is in the mall (or anywhere outside school), and a student uses profanity directed toward the school board employee or if a student threatens the employee, disciplinary action can be taken against the student including, but not limited to, suspension and expulsion. The disciplinary action is generally administered by the school administration, but if actions by the student are severe enough, the Board of Education can expel a student with a recommendation for expulsion from the Superintendent of Education.



Q: Were the students at Elkmont suspended for rolling the house of an employee?

A: No. Disciplinary action was taken but the students were not suspended. Mr. (Mickey) Glass, principal of Elkmont High School, discussed the matter with students and he administered the disciplinary action that he thought was appropriate. He contacted me to inform me of the actions taken. I support the manner in which he handled the matter with the students.



Q: Did you state that you cannot control what employees and students do after school hours?

A: Yes. We cannot control or monitor their actions away from school property, but in certain situations, we can take disciplinary action for incidents that occur while students are not at school.



Q: Can disciplinary action be taken against employees for incidents that occur away from the workplace?

A: Yes. Depending on the situation, the local administration, local school board, or the State Superintendent of Education may take disciplinary action for incidents that occur away from the workplace.



Q: Why did you, as superintendent, not take action against the employee at Elkmont when allegations were made?

A: We did take action and we acted quickly. After the principal took statements from the students, I immediately reviewed the statements and called the employee to my office. I informed the employee of the allegations and explained the procedures that I was going to follow. At that time, although she denied the allegations, she submitted her resignation for personal reasons.



Q: Did you demand the resignation of the employee?

A: No. I did not demand or even request that she resign. The employee and her husband made the decision for her to resign for personal reasons. Neither the Board of Education nor I can refuse to accept a resignation of an employee. As J.R. Brooks, our attorney in this matter, has already stated, “If an employee wants to resign, the employee can resign.”



Q: What would have happened if the employee had not resigned?

A: I would have placed the employee on administrative leave with pay (in accordance with the law) until a Board of Education hearing could be held. The Board of Education would have heard testimony from all witnesses and made a determination about whether the employee should be allowed to continue as an employee in our school system. If the employee had not submitted a letter of resignation, the employee would continue to receive full pay until the matter was resolved, which could take months. In addition to continuing to pay the employee, attorney fees, arbitrator fees, court reporter fees and other expenditures would have become a financial burden on our system.



Q: Do you have any plans to address this matter further?

A: Yes. I understand the concerns of the parents who feel that nothing legally can be done about this situation. I have three daughters, two who attend our school system; therefore, I can look at this matter from a parent’s perspective. I have already begun making contacts and researching the legal issues in order to lead a movement for change in the law.

Q: So you hope to try to change the law changed in Alabama?

A: Yes. I will take the lead or persuade an organization to take the lead in this matter. Again, I am researching the laws in other states. I have already made contact with and/or had discussions with state senators; state representatives; our attorney; the state Superintendent of Education; and the director of the School Superintendents of Alabama to begin lobbying for change. I plan to be aggressive in working with those who can assist us in getting the law in Alabama changed.



Q: How should the laws in Alabama change?

A: I advocate increasing the age of consent to age 18, which would make it a crime for school employees to have sexual contact with students under age 18. Even if an employee is guilty of having sexual contact with a student over the age of 18, I would still recommend termination the employee. If the student was under 18, it would be an employment and legal matter. If the student is over 18, it would be an employment matter, not a legal issue.



Q: Do you support prosecuting employees who are found guilty of inappropriate contact with students?

A: I support protecting our children and I am working diligently to do so. I am not “out to get” any employee, but employees know that sexual contact with students is inappropriate.

Currently, the age of consent is 16, therefore, I support prosecuting an employee who violates that law. If the law can be changed so the age of consent is age 18, I would support legal actions against an employee who violated the new law.

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