As family files appeal, Wausau School Board launches new review of teacher who used racial slurs
WAUSAU – Less than 24 hours after it heard a litany of complaints about the Wausau School District's retention of a band teacher despite racial and homophobic conduct, the School Board on Tuesday announced it would hire an independent attorney to conduct a new investigation.
On the same day, attorney Elisabeth Lambert of the Wisconsin Education Law and Policy Hub filed an appeal with the Wisconsin Department of Public Instruction saying the district erred in dismissing a complaint against Wausau East High School teacher Robert Perkins.
Lambert is representing Manee and Twan Vongphakdy, along with their son, who filed an official complaint of harassment and discrimination with the district against Perkins on April 5. The family is of Hmong and Lao descent; their son is a senior at the high school and openly gay. The Vongphakdys said Perkins directed racial and homophobic slurs at the son, who has been too traumatized to regularly attend class. Superintendent Keith Hilts put Perkins on leave April 10. Two weeks later, he dismissed the complaint and returned Perkins to the classroom.
In an April 26 statement summarizing the decision, Hilts said Tabatha Gundrum, director of human resources and compliance officer, conducted the district investigation. Gundrum interviewed students who said that Perkins' humor "causes unease" when "his comments are racial or sexist in nature. They are quick to note that he does not mean to harm anyone."
Lambert told USA TODAY NETWORK-Wisconsin that she's concerned the district "just got the law wrong," because the definition of harassment, in state law and district policy, does not make allowances for intent.
Lambert said state law and district policy both emphasize the effects one's conduct has on a student, especially students from protected classes, and whether that behavior interferes with the student having equal access to learning opportunities.
No one from the administration has checked in on the Vongphakdys' son or offered a plan for him to return to school without fear of retaliation or confrontation from Perkins. The district failed its own policies, Lambert said.
In his summation, Hilts also conveyed that Gundrum found Perkins' conduct "insensitive and unprofessional," yet determined it didn't rise to the level of harassment and discrimination.
"Our state law gives school districts and school administrations enormous power and enormous responsibility to protect kids' nondiscrimination rights, and we've got an administration that just doesn't seem to understand what the law requires of it," Lambert said.
DPI will review whether the Wausau School District correctly followed state laws and district policies, Lambert said. The district and Lambert will each present legal arguments and DPI will make a decision based on these legal briefs. Should DPI find the district applied the state law incorrectly, or interpreted its own policy incorrectly, the department could order the district to submit a corrective action plan, Lambert said.
This is the second matter related to the district and Perkins to come before DPI. Last week, the department opened "an educator misconduct investigation" into Perkins. In that action, the department has the power to revoke a teacher's license.
Some speakers made new allegations
The school board decision came after an hour-and-a-half long forum in which Wausau East teachers, staff, students and alumni, as well as members of the Wausau Asian American community, gave one speech after another in support of the Vongphakdys.
In addition, several speakers added new allegations.
Olivia Alanis-Torrez, an alumnus who was not in attendance, had a speaker read her statement alleging that Perkins would call her brother "Mexican," "Cheech" and "Pedro," nicknames that made them both uncomfortable "because my brother has a name." Alanis-Torrez said Perkins also referred to her and her brother as "Mexican One" and "Mexican Two."
On Tuesday, the school board issued a statement saying it is not allowed to see the results of investigations into employees because of constitutional due process. In other words, it can't delve into the investigation of Perkins.
"That said, the Board will be hiring its own third-party, independent attorney to review a recent investigation into one of the district’s employees and to look into new allegations that have come forward," the statement said.
Board members offered no further information.
Natalie Eilbert covers mental health issues for USA TODAY NETWORK-Wisconsin. She welcomes story tips and feedback. You can reach her at neilbert@gannett.com or view her Twitter profile at @natalie_eilbert. If you or someone you know is dealing with suicidal thoughts, call the National Suicide Prevention Lifeline at 988 or text "Hopeline" to the National Crisis Text Line at 741-741.
This article originally appeared on Wausau Daily Herald: Wausau School Board launches new review of teacher who used slurs
