TBO.com - TBO is Tampa Bay Online

Termination Hearing Goes Awry

ADVERTISEMENT

By RONNIE BLAIR

rblair@tampatrib.com

Published: February 11, 2009

LAND O' LAKES - A teacher's termination hearing took an abrupt turn Tuesday when his attorney packed up his briefcase and walked out, saying his client could not get a fair hearing before the Pasco County School Board.

The attorney, Randall Shanafelt of Clearwater, told the board he would pursue his client's rights "through a different venue."

"My entire defense and proof is being shoved down the toilet because this board doesn't have enough time to hear evidence," Shanafelt said as he and teacher Deane DeLoach left.

Their sudden exit came about two hours into the hearing after the board declined to hear testimony about an incident at the school Oct. 1 when DeLoach was said to be suicidal. Board members said they did not see how that was relevant to the reason Superintendent Heather Fiorentino recommended firing DeLoach.

At that point, it also looked likely the hearing might not finish Tuesday because some board members had other commitments.

DeLoach, a Hudson High teacher and junior varsity football coach, is accused of falsely claiming that a freshman football player assaulted him on a school bus after a game Sept. 25 at Ridgewood High School.

A video from the bus, which board members viewed Tuesday, showed no evidence of physical contact. DeLoach, who is on unpaid leave, had claimed the student, wearing shoulder pads, knocked him across the bus aisle into seats, witnesses said.

Reason For Dismissal

DeLoach's false claim could have led to the student's arrest and expulsion, and that's the reason he should be fired, said Tammie Rattray, a lawyer who presented the district's case to the board.

"I do think there's a victim here, but I don't think it's Mr. DeLoach," Rattray said.
Shanafelt hinted to the board that the bus incident is not the real reason DeLoach's job is on the line.

"Other teachers have committed acts as egregious or worse and were not terminated," Shanafelt said.

After he left the hearing, Shanafelt said DeLoach is bipolar. Shanafelt said he thinks the teacher's medical condition is the reason the school district wants to fire him, but the district could not legally cite a disability as a reason.
Shanafelt said that's why he wanted to question Cpl. John Watson, the school resource officer, about what happened Oct. 1 when Watson was called to investigate whether DeLoach was suicidal.
DeLoach was crying outside athletics director Linda McQuade's office when Watson approached him, the resource officer testified. Watson and McQuade took DeLoach in her office where, Watson said, he asked DeLoach whether he was under medical care or on medication.

Watson's testimony was cut short when Rattray objected, saying the incident was irrelevant to the district's claim before the school board.

The board agreed, and that's when Shanafelt and DeLoach walked out.

Claims 'Absolutely Not True'
Shanafelt said the testimony would have shown Watson later asked DeLoach and his wife more questions about his medical condition. Because of that, school administrators were aware of DeLoach's condition when they recommended firing him, Shanafelt said.

Terry Rhum, the district's director of employee relations, said it's "absolutely not true" that DeLoach's medical condition had anything to do with the recommendation to fire him.

The hearing continued after Shanafelt and DeLoach left but wrapped up quickly.

Under rules agreed to before the hearing, both attorneys can submit written closing arguments to the board by March 6. The board is to decide whether to fire DeLoach at its meeting March 17. That meeting might be rescheduled to March 16, though, because two board members will be in Tallahassee on March 17.

Earlier in the hearing, Hudson Assistant Principal Scott Davey said he "was incredulous" when he and Watson viewed the bus video on Sept. 26 and realized it did not show what DeLoach claimed.

Davey said they viewed it two more times to make sure they had not missed something.

Watson said he told DeLoach on Sept. 30 that the video showed his allegations were unfounded. Watson said he also told DeLoach he could be charged with filing a false report but that he was not going to pursue charges.

"He seemed very surprised there was a videotape," Watson said.

Reporter Ronnie Blair can be reached at (813) 948-4218.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT