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Welcome to Leasor Crass, P.C. Leasor Crass, P.C. is a boutique law firm located in Mansfield, Texas, with a main focus on the representation of public schools. The firm is managed by Mike Leasor and Rhonda Crass, seasoned attorneys with …

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September 28, 2017 By LeasorCrass

Grateful

Mike Leasor

Normally in this space someone from Leasor Crass, P.C. extols the lessons to be learned from the latest court case, statute passed by the legislature, or edict from the federal government. Today though, I wanted to express my gratitude to you, our clients, for what you do each day. George Washington himself, at the request of the very Congress which passed the Bill of Rights, proclaimed a day of “public thanksgiving and prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God.” Presidential Proclamation, 1 Messages and Papers of the Presidents, 1789-1897, p. 64 (J. Richardson ed. 1897).

As an educator, my heart is grateful for the work each of you reading this will perform today, performed yesterday, and will perform in the future. Your dedication to the students of each of your districts is noticed each time myself or one of my partners speaks with you. Even after a long day, it is always evident that you want to do what is in the best interests of the students in your district.

As a father, I am grateful that you are in charge of educating the students of this great state. These students will interact with my children and my grandchildren. If your dedication to your students will positively impact my family and its future, is there more for which a father can be grateful? Alas, I am eternally grateful for the educators who provided the best education to me and my children.

As an attorney, I am grateful for the opportunity to practice school law. I will never be rich, but it is a righteous cause. I am grateful for each and every one of you, who allow me and the other attorneys at Leasor Crass the opportunity to assist and provide guidance each day as you truly do the most amazing job one could ever do. Thank you.

Filed Under: Blog

June 19, 2017 By LeasorCrass

Baby You Can Drive My Car: How to Conduct a Sexual Harassment Investigation – Part 1

This post is the first in a two-part series that will provide guidance and strategies to district and campus administration and HR personnel on conducting effective sexual harassment investigations. Although this article focuses on sexual harassment, the advice in it applies equally to racial, age-based and other types of harassment investigations.

In February 2017, a former Uber employee published a detailed, horrific story of alleged structural sexual harassment at the company. The article described an office culture in which members of an almost entirely male staff were routinely and openly hostile to female employees, from instances of verbal abuse and belittlement to job-based “blackmail” by HR and extensive sexual harassment. Among other things, the author recalls being suggestively coached on her appearance by her manager, his frequent use of striking racial slurs and his disparagement of business “ethics.” The author also described a habit among male employees of creating sexually explicit narratives about female peers and superiors in online group chats. The author alleges that she was propositioned for sex over company chat. When she reported the incident to Human Resources, she says, he did not lose his job because she was told the man was a “high performer” and it was his first offense. She says she later discovered this was untrue: Other women had reported the same manager to HR for similar offenses.

Whether or not the allegations are true, this case is a perfect example of a ‘Human Resources failure’ for how to deal to harassment claims. Here are some basics to a district’s obligations to investigate when an employee complains of harassment.

  1. Districts have a duty to conduct investigations. Districts have an affirmative duty to maintain a working environment free of harassment on the basis of a federally protected characteristic, such as race, color, or national origin, religion, sex, disability, age, or genetic information. 42 U.S.C. 1981; 42 U.S.C. 2000e et seq. (Title VII); 20 U.S.C. 1681 et seq. (Title IX); 42 U.S.C. 12111 et seq. (Americans with Disabilities Act); 29 U.S.C. 621 et seq. (Age Discrimination in Employment Act); 29 U.S.C. 793, 794 (Rehabilitation Act); 42 U.S.C. 2000ff et seq. (Genetic Information Nondiscrimination Act); U.S. Const. Amend. I; Human Resources Code 121.003(f); Labor Code Ch. 21 (Texas Commission on Human Rights Act); Labor Code Ch. 21, Subchapter H (genetic information).  Districts can be held liable for failing to take the steps necessary to prevent such harassment from occurring or for failing to promptly correct any harassing conduct about which it knew or should have known was occurring.  29 CFR 1604.11(d), (e), (f); 1606.8(d), (e).
  2. Districts may have to take action before conducting the investigation. Based on the allegations and facts of the case, as a precautionary measure, a district should consider whether immediate action is warranted.  The EEOC set forth examples of precautionary steps that may be necessary include:  “scheduling changes so as to avoid contact between the parties; transferring the alleged harasser; or placing the alleged harasser on non-disciplinary leave with pay pending the conclusion of the investigation.”  However, districts need to ensure that the complainant “should not be involuntarily transferred or otherwise burdened, since such measures could constitute unlawful retaliation.”
  3. The investigation must be immediate. How soon the investigation must start depends on the circumstances.  In Van Zant v. KLM Royal Dutch Airlines, 80 F.3d 708 (2d Cir. 1996), the employer’s response was held to be prompt where it began its investigation on the day the complaint was made, conducted interviews within two (2) days, and fired the harasser within ten (10) days.  In Steiner v. Showboat Operating Co., 25 F.3d 1459 (9th 1994), the court held that an employer’s response to complaints were not immediate when it did not seriously investigate or reprimand the supervisor until after the plaintiff filed a charge with the state Fair Employment Practices agency, even though the harasser was eventually terminated.  In Saxton v. AT&T, 10 F.3d 526 (7th Cir. 1993),  the court found that the investigation was prompt when it started one (1) day after the complaint was made and a detailed report was completed two (2) weeks later.  In Nash v. Electrospace Systems, Inc., 9 F.3d 401 (5th Cir. 1993), the court held that an investigation was prompt when it was completed with one (1) week.  The court in Juarez v. Ameritech Mobile Communications, Inc., 957 F.2d 317 (7th Cir. 1992) found that an investigation was adequate when it was completed within four (4) days.
  4. The investigator must be experienced, unbiased, and trustworthy. There is no legal prohibition that internal employees, such as Human Resources personnel, cannot conduct investigations into employee complaints.  The investigator does not have to have investigation experience or meet any certain training requirements.  However, districts should take the time to thoroughly train an in-house person who can conduct harassment investigations.  First, the person needs to be able to conduct appropriate investigations in order to limit the liability of the district.  Second, the person’s experience and training will likely be closely examined, if not challenged, by opposing counsel if the case develops into litigation.  Training for potential district investigators could include the law and district board policies regarding harassment, selecting the appropriate investigative process for different types of investigations (i.e., who to interview first), assessing credibility of witnesses, and workplace investigative techniques and report writing.

The investigator cannot have a conflict of interest or bias towards the alleged victim or alleged harasser, so it is very important to select a person who does not have any personal involvement with any of the parties who are a part of the investigation. To avoid the appearance of any undue influence, the investigator must not be subject to any control or supervisory control of the alleged harasser. This means that for some smaller districts or in cases where the assistant superintendent or superintendent is alleged to have harassed someone, it is recommended that an outside third-party or law firm be hired to conduct the investigation.

If you need assistance with a workplace investigation, please feel free to contact me or any other attorney at Leasor Crass, P.C. The next post in this series will be How to Conduct a Sexual Harassment Investigation (Part 2).

Filed Under: Blog, Investigations, Sexual Harassment

June 19, 2017 By LeasorCrass

Unfortunately, There is More Than One Bad Apple

Mike Leasor

The Texas Legislature passed, and the Governor recently signed, Senate Bill 7 in an attempt to address what many have come to view as an epidemic of inappropriate relationships between educators and students. This piece of legislation, which becomes effective on September 1, 2017, is one of the most talked about coming out of this legislative session. It is imperative that administrators pay close attention to this law and the topic it covers. Your certificate may depend on it.

Following is a bullet point list of the significant additions to the law in this area:

  • The principal must notify the superintendent not later than the seventh business day after the date of an educator’s termination of employment or resignation following an alleged incident of misconduct or the principal knew about an educator’s criminal record.
  • The superintendent must now notify the State Board for Educator Certification (“SBEC”) by filing a report with the board not later than the seventh business day after the date the superintendent receives a report from a principal.
  • Immunity is still provided for reports made in good faith.
  • An educator is now prohibited from inappropriate behavior with any student known to be enrolled in any public or private primary or secondary school.
  • Mandatory reporting by a superintendent to SBEC under 21.006(b)(2) is now triggered by termination and evidence of wrongdoing rather than termination based on evidence of wrongdoing.
  • The superintendent must complete an investigation of any allegation involving abuse, unlawful acts, romantic relationships, or sexual contact with a student or minor and report it to SBEC even if the educator is terminated or leaves the district.
  • Requires notice to parents of a student with whom an educator is alleged to have engaged in misconduct involving abuse, an unlawful act, romantic relationship, or sexual contact.
  • Although districts currently have policies in place regarding staff/student electronic communications, the policy must now have a provision that staff personal phone numbers and email addresses are not required to be disclosed.
  • SBEC is now authorized to impose administrative penalties of up to $10,000 against principals and/or superintendents who fail to comply with the reporting requirements.
  • Failure to comply with the reporting requirements with the intent to conceal an educator’s criminal record or alleged incident of misconduct is punishable as a state jail felony.
  • Applicants must now disclose if they have even been charged with having an inappropriate relationship with a student.
  • If a certified employee assists an educator who has had an inappropriate relationship with a student in gaining employment in another district, that employee’s certificate may be revoked.
  • If an educator is convicted of a felony involving an inappropriate relationship, it prohibits TRS payments.

If you would like more information on this topic or seek a review of your district’s policies or procedures regarding this new law, please do not hesitate to contact one of the attorneys at Leasor Crass, P.C.

Filed Under: Blog, Legislative Update, Personnel, SBEC

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LEASOR CRASS, P.C. Blog

Here at Leasor Crass, we are keeping a close eye on the bills being filed for the upcoming Texas legislative session which will either directly affect or have some impact on our clients. Filed on December 30, 2020, Senate Bill 272 really caught our attention. It requires a school district board … Read More

On October 20, 2020 Attorney General Ken Paxton opined on the ability of school districts to enter into long-term leases with private entities. More specifically, the Tarrant County Criminal District Attorney asked Attorney General Paxton whether an independent school district may enter into a … Read More

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