THE CASE FOR SEXUAL HARASSMENT
From the direct testimony of GAIL VANGORDER, Westview Asst. Principal
On how and why she was afraid of Mr. Bellairs
Q. That summer then did you have a conversation with Malcolm Dennis about putting some distance between yourself and Mr. Bellairs?
A. Yes. It was probably right before school opened. I just said that I felt that I had worked with Don for a number of years and our relationship had been strained at times, and certainly in the late spring of 2003 it had -- there were issues. He had yelled at me.
He had been very angry with me. I thought if we were to make any progress, if we were to try to make amends, to have Don be a productive staff member, to have him work well with kids, have him doing the things he was capable of doing, he needed to work with somebody else. He needed a fresh start. He needed someone new who didn't have history with him, because history was -- he always felt history was following him. Malcolm decided that another vice principal would deal with him.
Simultaneous with that decision or kind of around the same time there were some shifts in how technology was being used in the building, which also meant that some of the decisions regarding technology were no longer mine, they would belong to Mike Chamberlain, one of the incoming vice principals. So Malcolm decided Mike Chamberlain, because he was coming in new to the building and didn't know Don, because he was also assuming more of the technology responsibilities, would then be the one who was interfacing with Mr. Bellairs.
Q. By this time how did you personally feel about dealing about Mr. Bellairs?
A. Mr. Bellairs wouldn't speak with me. When we would meet one another in the hallways, if I was by myself, he would look at me in a hostile fashion. I would always try to say hello. I always believe -- even when I have students who are ticked off, I am always willing to
say hi. So I would say hello to him. If I were alone, he
wouldn't respond. He would just glare at me. If there was someone else, he would nod his head or say good morning, but it was clear that he was not happy with me.
Q. Did you feel uneasy to be around him or in the building when you knew he was there or could be there?
A. His behavior was unnerving to me. So when I was there by myself, I always made sure that I was -- I had
closed doors behind myself so people would have limited access to me. I tried not to be in the building by myself if I knew that he was there. And one of the other vice principals suggested to me that if I was there alone at night, that I get someone else to -- I let somebody
else know and someone else would walk me out to my car.
Part 1 Jennifer Jordan entire direct testimony
Part 1a In Focus machines
Part 1b Michael Ali
Part 1c Activies job
Part 1d Incident One: The Hug
Part 1e Action on Incident One
Part 1f Incident Two: “Cornered” in the back room
Part 1g Incident Three: The Dangling Thread
Part 1h Incident Four: The Photocopy Slur
Part 1i First-year conflict with Gail and Mike Ali
Part 2 Jennifer Jordan entire cross-examination
Part 2a Dec. 18 meeting pt 1
Part 2b Approaching VanGorder in November
Part 2c Dec. 18 Meeting pt 2
Part 2d Incident 2: Cornered
Part 2e Incident 3: The Dangling Thread
Part 2f Incident 1: The Hug
Part 3 Redirect of Jennifer Jordan
Part 3a Dec 18th meeting
Part 3b Why hugging became uncomfortable
PART 4 LINDA BORQUIST DIRECT TESTIMONY
Part 4a Student “complaint”
PART 4b Sexual harassment policy
Part 4c Close association with the Education Association
PART 5 Vangorder Direct
Part 5a Origin of complaint in November
Part 5b December meeting
Part 6 VanGorder Cross Examination
Part 6a November complaint
Part 6b Sharing info with Chamberlain
Part 6c December meeting pt 1
Part 6d Action (LACK OF?) on complaint(Vangorder ruffles)
Part 6e December meeting pt 2
Part 6f Incident 3
Part 6g December meeting pt 3
Part 6i Incident 3
Part 6j Seeking Jennifer out
Part 7 Chamberlain Direct Examination
Part 7a Confusion about Nov and Dec talks
Part 7b December meeting
Part 7c Incident 2: Cornered in back room
Part 7d Handling the Complaint
PART 8 CHAMBERLAIN CROSS-EXAMINATION
PART 8a DECEMBER 18TH MEETING
PART 8b TALKING TO BORQUIST
PART 8c MEETING JJ IN JAN
PART 8d QUESTIONING MAUREEN MERRITT ABOUT INCIDENT 2
Part 8e FIRST WORD FROM VANGORDER
PART 8f WAS THIS SEXUAL HARASSMENT?
PART 8g INITIAL CONTACT WITH VANGORDER; TIMING OF REPORT
PART 1 JENNIFER JORDAN DIRECT TESTIMONY
MR. SMITH: Would you please give your full name and spell your last name.
THE WITNESS: Jennifer Marie Jordan, J-O-R-D-A-N.
JENNIFER JORDAN was thereupon called as a witness in behalf of the
District and, after having been first duly sworn, was examined and testified as follows:
MR. SMITH: I need to remind you that your testimony is being recorded. So it is important that you give audible responses that are clear, such as yes or no, and not just nod your head.
THE WITNESS: Okay.
MR. SMITH: Ms. Hungerford?
DIRECT EXAMINATION BY MS. LINDA HUNGERFORD:
Q. Jennifer, what position do you hold over at Westview High?
A. I'm the library and media specialist at Westview High.
Q. How long have you been there?
A. This was my eighth year.
Q. Were you there when the building opened?
A. No. I wasn't. I came in the third year.
Q. And were you employed in the district prior to that time?
A. Not at that time. No. I came from Portland Public Schools.
Q. What are your responsibilities very, very quickly in terms of librarian? Do you have responsibilities other than books?
A. Yes, I do. In addition to running the library, I'm also in charge of the audio/visual materials, the--some of the technology, not all; all of the equipment, knowing where it is and managing it.
Part 1 a
In Focus machines
Q. Apparently in the '99-2000 year, so that would have been four school years ago, Mr. Bellairs came to Westview as a teacher. Did you have occasion to interact with him in performance of your job as librarian?
Q. And how?
A. Checking out equipment. He needed the equipment for his media studies programs, specifically video cameras, occasionally tape recorders, cassette recorders, and then there's the In Focus machines.
Q. What are the In Focus machines?
A. They can be used in conjunction with computers
and with video cameras to broadcast images on a larger screen.
Q. Were In Focus machines supposed to be available for use for all teachers in the building?
A. Yes. They were to be checked out through the library, and they were to be used by all the teachers and also students as they needed them for classroom assignments and things like that. But the checkout was to go through the library.
Q. Was it a limited checkout; that is, for a period of a couple of days or a day, as opposed to a whole semester?
A. It was, yes. It was to be day-by-day. We had checkout sheets in the library by week and by -- actually, it was by period, by day, by week. And if a teacher knew they needed it for a full week, they could reserve it for a full week at a time.
Q. Did Mr. Bellairs check out In Focus machines?
A. Not usually. No.
Q. Did those machines end up in his area?
Q. And how did that happen?
A. I just -- I think he took them out of the library or out of other teachers' classrooms that had reserved them and had taken the machines down to his
or had taken the machine down to his green room.
Q. Were there times when you had to go down to his room to get an In Focus machine that another teacher needed?
A. Yes. Many times. Oftentimes he wouldn't be there, because he shared the classroom with other teachers, with I think photography and with the web design. When he was not there, I would let the other
teachers know I was taking the In Focus machine.
Q. Was it clear to you that it was Mr. Bellairs who was using it, as opposed to other teachers?
Q. Did you ever talk to him about the fact that he was failing to follow the procedure to check them out?
A. Oftentimes I would follow up my visits with either an e-mail or, if I saw him in the hall, a spoken word. When I e-mailed him, I usually copied Gail VanGorder, who is my administrator that I report to, just reminding him that he had to go through these proper channels to reserve equipment.
Q. Did he nevertheless continue to take the equipment and keep it in his room?
Q. Did you have shared -- was there a sharing of an instructional assistant or technology assistant individual
by the name of Mike Ali?
A. I don't understand.
Q. Did you have -- did you use Mike Ali's services in some respect in performing your job?
A. Yes. He was available to everybody in the building. He wasn't specifically mine. He facilitated technology in the building. There were times, yes, when I did need his assistance.
Q. What specifically did he do for teachers?
A. Everything from fixing printers, to loading software, to getting equipment into running order. He may have submitted work orders. He did just general kind of troubleshooting. Sometimes he would deliver equipment, but he was basically the technology kind of guru or
geek, if you will.
Q. Did conflicts arise between Mr. Bellairs and yourself or between Mr. Bellairs and other teachers about the use of Mike Ali's time?
A. I think it was not so much between Don and myself, but it was Don and Mike. I think Don came into Westview with the assumption that Mike was going to be his personal assistant. It was made very clear at the
beginning that Mike was not his assistant. He was nobody's assistant. He was there for the building, for everybody, for the good of all.
I think why I'm sort of affiliated with Mike Ali somewhat is because Mike's office was in the rear of the library. So just the proximity of where his office was with me, some people have the assumption that he was my assistant, when indeed he was not.
Q. Were you aware at some point in time that there was a blowup by Mr. Bellairs over something that Mike Ali had done?
Q. And what do you understand that was about?
A. Well, there were many. I think he would probably -- I think he asked for things to be done and became impatient when they weren't done immediately or in a -- in the timely manner that he wanted. There were
Q. Were you aware of an incident in which Mr. Bellairs went down to the office and was, in a loud voice, exclaiming about Mr. Ali changing a password, and that involved Gail VanGorder?
A. Yes, I was.
Q. How did you become aware of that?
A. I think Mike actually personally told me about it. Then Gail passed on the information to me. Then the incident became legendary in the building.
Q. That is, the rest of the staff knew about it
A. Yes, or became aware of it.
Q. Was that because it was in a public arena?
A. Yes, and it was very loud.
Q. In the interest of time here, I'm probably going to move fairly fast. During year '02-03 Mr. Bellairs was an activities director for the building; correct?
Q. And as a consequence of being named activities director, did he interact with you or was he in the library space more often?
A. I would say yes, more often. He had more freedom within the building or he had more free time. I don't know which. But, yes, he was in the library more often.
Q. Did you have interaction with him when he was in the library?
Q. Of what sort?
A. In retrospect, it is because he wanted something from me or something that I had in the library. Just him being there -- I think he just got used to being there. It became uncomfortable.
Q. You said because he wanted something from you. What kinds of things did he want when he was there?
A. Either equipment or perhaps a better working computer. Oftentimes, many, many mornings, he'd come in first thing and want to know if the coffee was on, if I'd made coffee for him, if we had any treats. The treats came from volunteers usually that volunteer with us in the library. They were brought in, and he would simply help himself to those. But it's usually because he wanted something, so he'd schmooze up to me, warm up to me and try to win me over with that.
Q. Did he ever make a comment to you when there weren't any sweets around?
A. Yes, he did.
Q. What was that comment?
A. Something to the effect of, "Can you put a little sweetness in this for me?" or "Can you sweeten it up for me?"
Q. Did that comment cause you any note?
A. Well, I remembered it. It wasn't appropriate. It wasn't -- it was around other staff members, and I think there may have been students present. It wasn't a professional thing to say.
Q. Were there any times when you were uncomfortable with his physical presence around you?
A. Yes. Part of his initial charm I think with everyone was that he liked to get to know people. He was
a real touchy-feely person. That became cloying. It became -- well, I grew to hate it. It no longer endeared itself to me, and I know to other people in the building. But, yes, the longer he was around me in the library, it increased.
Incident ONE: The Hug
Q. Was there a time in the fall of 2003 when he came up to you while you were walking down the hall?
Q. What happened?
A. I was leaving or I was trying to leave. It was right as school was recessing, and students and teachers were in the hallway coming in the opposite correction. I was trying to leave to avoid getting caught in the buses, as I had a meeting outside the building. I don't know
where he came from, but he came up and put his arm around me. It was a hug much more intimate than he'd ever given before. It was very close and very -- it was very uncomfortable, very close.
Q. What did you do?
A. I immediately tried to shrink away. I'm short, so I thought I could kind of maybe weasel out of it or kind of shrink away from him. The harder I tried to get out from underneath his clutch, the harder he clutched me. It just became more intense. During the course of this
embrace, because that's what it more or less ended up as,
he wanted -- he asked me if I would like to start a scandal. Let's get tongues wagging. Could we have an affair. I said, "I don't think so." And at that point I wanted to slap him, but there was so many people
around, and I didn't want to get into any kind of embarrassing situation. I didn't want to get his anger going at me. I just finally just really jerked away, and I was able to leave, to get away from him.
Q. How did you -- what did you do after that when you were in the building in terms of Mr. Bellairs?
A. That same day?
ACTION on INCIDENT ONE
A. I tried -- well, the very next day -- well, actually that evening I went and discussed the situation with my husband. He said I needed to at least speak to my administrator about it, that I probably didn't need to file some kind of complaint, but I needed to let
Somebody know that that had occurred. I was embarrassed. I didn't want anyone that may have seen us to misconstrue the facts, because I
didn't provoke it. So the next day, after discussing the incident with my husband, I talked with Gail VanGorder. She said -- she didn't write anything down, but she said that she no longer handled Don, that she would pass on the
information to Mike Chamberlain. She offered some suggestions on what I should do if it happened again. Then I briefly let the two girls that I work with up in the library know that I didn't want to be in the same room with Don, that I didn't want to be in a position that could be misconstrued. I tried not to give them too many facts, but I had to give them some foundation -- their names were Sherry and Nancy -- so
they knew that if Don were to come in to the library, I didn't
want to be alone, or if they saw him come in, that they agreed that they would come into that room where I was so that I wasn't going to be alone with him.
Q. Did you tell Gail VanGorder that you wanted to file a formal complaint and proceed with a complaint at that point in time?
A. No. I didn't.
Q. Were there times when Mr. Bellairs asked you out to dinner before or after this incident?
A. There was one before, yes. (SEE CROSS-EXAMINATION)
Q. And was there a time after?
A. Actually, during the course of that incident in the hallway, yes, he did.
Q. What did you tell him?
A. I said, "No. I don't think so."
Q. What had been your response earlier when he
A. I'm not quite sure what the verbiage was, but I know I said no. He knew I was married. I knew he was married. I mean, it was just so far out of anything that I would have ever considered.
INCIDENT TWO: Cornered
Q. Was there a time then later -- this incident in the hallway, can you place it somewhere in a time period?
A. It was on a Monday. I remember it was Monday because I was going to the district librarians meeting, and because we have them on Mondays. I believe it was in November, the second Monday in November.
Q. Was there a later time when there was another situation where you had physical contact with him or he had physical contact with you? And this one I think was in the library.
A. Yes. It was in December. I eat lunch up there with another couple of people in our back room. I was eating lunch. I sit on a chair with wheels. And he comes swooping in and puts his arm around me. And I didn't want anything to do with it. And the harder I tried to get away, scoot away on my chair, the more -- I ended up next to the wall just cowering, and I was continuing my conversation with my lunchmates, slinking away. I was flattened up against the wall. Finally, he took that as a hint and left.
Q. Was there any conversation that you remember?
A. I don't remember any. I think there was, but I can't remember what was said.
Q. Did you make any statements to your lunchmates or did you go on as though --
A. I said something to my lunchmates, yes.
Q. What did you say, if you remember?
A. I said, "You saw that?" And they said, "Yes, we did."
Q. Was that all that was said?
A. That was all that was said.
Q. After that was there another episode that involved a statement by Mr. Bellairs that made you uncomfortable?
INCIDENT THREE: The Thread
A. Yes. That was in December also. Well, there was actually a couple. Which one are we on?
Q. Any of them.
A. There was one where he was in the library, and we were at the front desk. I don't know what he'd come in for, but Sherry saw that he had come in and she was standing right next to me. There was a thread on his shoulder. I said, "You need to take the thread off your shoulder." He said something, well, with a horrible sexual connotation to me. Sherry took it the same way. It was, "If you could pull it from my behind," or "if you
could pull the thread from behind me."
Q. What made you feel that it had sexual connotations?
A. Just the way he said it.
Q. Tone of voice?
A. Tone of voice. Sort of his body movements, yes.
Q. Do you remember how you responded to that?
A. I just walked away.
Q. Do you know whether -- you said there may have been other situations. Do you remember anything else?
INCIDENT 4: Photocopy machine innuendo
A. There was another one. Again, we were at the counter. Sherry was standing there. There were also other students about. He came over to me, and he said, "Would you mind going over to the photocopy machine," which is housed in the library," and ask the young lady that's standing over there to cover up? She's not particularly good looking, and I'm not enjoying looking at her."
Q. Was the young lady a student?
A. A student, yes. So, yes, indeed I went over there and I did
ask her to cover up.
Q. He made that statement in front of other people and students?
FIRST YEAR CONFLICT WITH GAIL, JJ AND ALI (BEGINNING OF PATTERN)
Q. In your account I'm understanding that you never directly said to Mr. Bellairs, "Take your hands off me," or something to that effect. Is that correct?
A. That's correct.
Q. Can you explain why not?
A. Well, I felt my nonverbal communication was strong enough, the force of which I tried to pull away. It was all nonverbal. I just felt that I was doing everything I could nonverbally. I didn't want -- did
not want to get into any kind of verbal confrontation with him because I had seen his anger.
Q. Where had you seen his anger?
A. There had been a meeting the first year I wasthere, in Mr. Case's conference room, with Gail VanGorder and Mike Ali and myself. There may have been a union rep. I'm not sure. The meeting concluded with his anger just completely blowing up and him just attacking Gail.
Q. Had you seen his anger on other occasions?
A. Yes. In his classroom.
Q. Against whom?
A. Students. He was yelling at students.
Q. I take it you did not want to have his anger directed at you?
A. I didn't want to have any of that. It was frightening. So I was very scared of that.
Q. That's all the questions I have. Mr. Doyle may have some questions for you.
MR. DOYLE: Not too many. I won't take up too much of your time.
PART 2 JENNIFER JORDAN CROSS EXAMINATION
CROSS-EXAMINATION BY MR. DOYLE:
Q. My name is Tom Doyle. I believe we talked on the phone very quickly. You refused to talk to me before, so this is the first opportunity for me to ask you questions that you'll answer. I appreciate you being here and giving me an opportunity to ask those questions. First of all, I just want to have you take a look at what we're calling exhibit -- it's in the white notebook right there. It's Exhibit D-20, and they're tabbed yellow-orangish at that point, and it's about three-quarters of the way through.
Q. Have you seen this before?
A. It looks like these are notes that somebody made. Is it Mike Chamberlain?
Q. I'm not sure. I'm just asking if you've seen them.
A. No. I haven't seen them.
Q. Okay. All right. That's fair.
Dec 18th meeting
Why don't you take a look at these notes and just have a chance to review them first before I ask you any questions about them; okay?
A. (Reviewing document.) Okay.
Q. Are these -- does this -- do these accurately reflect what you told Mike Chamberlain on December 18, 2003, in a meeting?
A. Yes. I wouldn't call it a formal meeting. Mike and Gail came up to my office. We had a discussion.
Q. Okay. How did that meeting happen? Did you call them up?
A. No. I didn't. Gail and Mike came up to my office and closed the door, and Gail asked me to tell Mike what had happened earlier in the fall with the hall incident. The rest is written down.
Q. So you actually -- you didn't call them? They came to you, and the reason they came to you is because you had talked to Gail before about the earlier --
A. That's correct.
Q. The hall incident?
Q. Did you tell them anything else than what's written down here?
A. Well, actually, when they came up, the incident with the thread and the back room lunchroom had just
happened. So he wrote it down on the same day, but they had just happened. So nothing really was -- is changed from this.
Q. Okay. If I can first ask, is the order of the events correct? It looks like the first one is in the fall. And you said that was in early November?
A. Yeah. Yeah. This is correct, as best as I can remember.
A. I didn't realize it was going to come to something like this, so I didn't take notes.
APPROACHING VANGORDER IN NOVEMBER
Q. Sure. No. I wouldn't expect you to. I want to make sure what these notes say is what you told people at that time. Now, you had went to Ms. VanGorder. Do you remember -- you said the second Monday of November?
A. I believe it was the second Monday of November when my meeting was, so it would have been a Tuesday morning.
Q. Did Gail ask you what you wanted her to do --
Q. -- about it?
A. No. I just wanted her to know this had gone on between Don and myself, because I didn't want it to be misconstrued. I didn't want -- because people saw us. I
didn't want people to think there was something going on. She completely understood.
Q. Did she -- did you ask her to forward the complaint --
Q. -- anywhere?
A. She said that Don was no longer under her charge, and that she was going to let Mike Chamberlain know.
Q. Do you know, did she let Mike know?
A. As best of my knowledge, yes, she must have.
Q. Certainly by the time he came in December --
Q. -- a month and a half later? I guess what would -- I might have asked this question. You didn't ask Gail to intervene, but did she
indicate that she was going to ask Mike to intervene on this or talk to Don about it?
A. No. She just said that she was going to pass it on to Mike. And I assumed that Mike would then be taking care of this either -- whether it was talking to Don or whatever.
Q. Okay. So you didn't say, "Whatever you do, don't tell Don I came to you"?
A. No. I never said that.
Q. In fact, it sounds like you kind of expected that somehow this would go through the channels and get back to Don, "Hey, don't do this anymore. It's not appreciated"?
Q. Did you -- in that meeting with Gail you had said something about there was a comment about tongues wagging and let's have an affair or something like that. Did you mention that to Gail at that meeting in
A. When I went to her on Tuesday, yes.
Q. On that Tuesday?
A. I can't, like I said, remember the correct verbiage. You know, he said, "Do you want to have a scandal?" It was something like that. "Let's gets tongues wagging. Let's have an affair."
Q. "Let's get tongues to wag?" And I'm not trying to be crude. I'm just really trying to understand. Tongues to wag, or tongues wagging out about this, or a scandal, people are talking?
Q. Okay. That helps. Thank you. But you remember him saying, "Let's have an affair," or something to that effect?
A. Yes. I remember that.
December Meeting pt 2
Q. Now, did you tell Gail and Mike about that
comment, "Let's have an affair," in December?
A. Yes. Gail asked me to repeat it to Mike.
Q. What did you say in response?
A. I said, "I don't think so."
Q. Then how long before you said that he said something -- and, actually, in the notes it's stated as, "This has been a long week. I think you and I should go out to dinner." When did he say that?
A. I can't recall. It may have been that same week. It may have been the week after. I'm not sure.
Q. Did you tell Gail about the "let's go to dinner" comment when you first met with her in early November?
A. No, because that hadn't happened yet. (WHAT?!? See direct testimony part 2e)
Q. I'm just trying to work through your memory here as best as I can, so thanks. What did you say in response to the, "This has been a long week. I think you and I should go out to dinner"?
A. I probably said no, because that's what I would have said: No.
Q. At that point did it surprise you that Don was making that kind of comment after you had reported this to Gail?
A. Well, he didn't know I reported it to Gail.
Q. Okay. But it could have gone through Mike back
to Don, so I guess -- were you expecting that?
A. No. Because he's persistent. He was persistent. When he wanted something, he went after it, like the equipment.
Q. So you understood that he was kind of doing this regardless of the fact that he had been told not to?
Incident 2: Cornered
Q. Then the notes says that you were eating lunch in the back office. This was about one month ago. We're still talking about November. He came up to you and sat very close. It says here, “I walked in unexpectedly and he left.” I think that is Mike Chamberlain. Did Mike Chamberlain walk in?
A. Yes, he did.
Q. Were there other people?
A. Yeah. Maureen Merritt, and I can't recall who the other person was. I know who it was.
Q. Who was it?
A. Kim Short, another teacher, art teacher.
Q. After this incident, which sounds like it was maybe two weeks or thereabouts after the initial thing that happened in the hall -- that's very rough, but I'm just working backwards from these notes -- did you go back and talk to Gail at that point to say, "Hey, it still hasn't stopped"?
A. No. I didn't.
Q. Okay. Why not?
A. Because, actually, Mike Chamberlain came up the next day. I think this was -- the lunch thing happened very close to the December 18th discussion. I mentioned that to Mike. I said, "In fact, did you realize that this happened when you came into the back room?"
Q. Okay. The notes say that it happened one month ago from the time that you're giving this interview. So that would be -- one month ago would be November. Are the notes wrong?
A. No. If the incident happened in early November, the second week, and that was a month later, the lunch incident, that would put it right up next to December.
Q. I'm just trying to read these notes. Tell me if I'm reading them incorrectly. Maybe you already did. I'm a little thick. It's late in the day. It says, One month ago, question mark, Don came up to where she was eating lunch in the back office, with Maureen Merritt. Don came over and put his arm around her again. So I read that to mean that you told Mike on December 18th that the lunchroom incident happened one month ago.
A. No. I think it was actually a little bit closer to December 18th, closer to the Christmas break.
Q. Okay. So this is wrong where it says one month ago?
A. I think what he meant there was one month from the initial thing in the hall.
Q. Shouldn't it be one month later?
A. One month later would be better.
Q. What did -- when you talked with Mike on December 18th, what did he say he had done in response to the initial word he got through Gail back in November? Or did he say anything?
A. He didn't say anything. He didn't say anything.
Q. All right. The lunchroom item and the thread item, do you remember, did those happen around the same time?
Q. Within the same day or same week, same month?
A. Probably a span of two weeks.
INCIDENT 3: The Dangling Thread
Q. And the thread incident happened after the lunchroom incident?
A. Yes, it did.
Q. Okay. All right. So then the thread incident, how far before the meeting on the 18th did the thread incident happen?
A. I don't recall.
Q. Was it a long period of time or had it just
A. It think it happened within a week, maybe a week and a half. Not long.
Q. It says here that you saw this thread hanging on the shirt and told him, "You might want to pull that off;" is that right?
Q. And then Don came back with, "I'd rather you pull it from behind"? You took that to be sexual innuendo?
Q. It says, "Jennifer hadn't noticed that the thread went all the way around to his rear end."
Q. What kind of thread are we talking about? When I hear thread, I think of a sweater with a little bit of thread. Was this a longer thread?
A. I think it was a longer thread.
Q. Just hanging?
A. Just hanging on his shirt.
Q. Did it go -- was it on the shoulder and went—
A. I think it started on his shoulder. I don't remember it being real long, but I think it was just kind of draped.
Q. It was -- he was standing facing you at the
Q. And you could see --
A. I saw the shoulder part. I didn't -- I don't think I saw it from -- you know, I wasn't behind him, so I didn't see any behind. I saw it here (indicating).
Q. But then you notice it was actually a much longer string?
Q. It says, "Jennifer hadn't noticed that the thread went all the way around to his rear end"?
Q. You noticed that at some point that it went further?
A. Further, yeah. I think what happened is then he turned around when he asked me to remove it from behind.
Q. "I'd rather have you pull it from behind"?
Q. Now, I guess I'm a little -- I would just like to know the thought process after having dealt with these incidents over the prior month that you would point out a thread on his shirt. Were you feeling threatened by Don at that point?
A. Well, I still didn't want to be around him or alone with him. He was -- I mean, there was lots of
people around us.
A. Our library it not a quiet place. It's very busy.
Q. I bet like any school, the library is the center of activity?
A. Correct. I was just doing a nice thing, just telling him that he wanted -- it's like having a hair out of place or something.
Q. I'm just trying to get a sense of how little interaction you wanted to have with him. By the fact that you pointed to a thread on his shoulder, it sounds like you still at least had a collegial relationship?
A. I was trying to keep things professional. Yes. Yes.
A. He was right there. I was still trying to treat him with respect.
Incident 1: The Hug
Q. Going back to the incident in the hall, were there a lot of people around at that point?
Q. You were concerned that people had seen it and thought that somehow they would get the wrong idea?
Q. That's why you talked to Gail to make sure that
A. That, and just the improperness of his behavior.
MR. DOYLE: I don't think I have any further questions, but give me one minute. I just want to talk a look at my notes, and then we might be done.
(Pause in the proceedings.)
MR. DOYLE: I have no further questions. Thank you.
MS. LINDA HUNGERFORD: Just one follow-up question.
Part 3 REDIRECT EXAMINATION of Jennifer Jordan
Part 3 a
December meeting: Filing complaint
Q. There was some question about your conversations with Gail and Mike. In December, after these questions were asked and you gave this information, was there a discussion about whether you would be comfortable going forward with this and having them process it as a
A. Yes, they did. They said that they were going to act on this incident, along with some others, that there was some other behavior that they were going to address, and would I be comfortable with attaching my name to this. They asked me to go home and think about it
Over Christmas break, discuss it with my husband, be very
careful in thinking about it. When we returned from Christmas vacation, Mike came up and again said, you know, "Are you comfortable
with this?" He talked with me. He didn't -- he tried to remain as neutral as possible. I told him that, yes, I had discussed it with my husband, done a lot of soul searching and thinking about it, and that this was the right thing for me to do. It may be not a good thing
if it came to something like this, but it was the right
thing to do.
MS. LINDA HUNGERFORD: That is all the
MR. DOYLE: No further questions.
MR. SMITH: Karen?
MS. WATTERS: No.
MR. SMITH: Bob?
MR. WEIL: No.
WHY HUGGING BECAME UNCOMFORTABLE?
MR. SMITH: Okay. I just have one for you. When you first started testifying, you said that his touchiness and hugginess (ph) was part of his charm. But was there a time earlier in your relationship when you
found that charming? You seemed to make it sound like there was a change, or was that --
THE WITNESS: I think from the onset of our
professional affiliation -- you don't know a person, and that's how we started out, until I knew him better as a person. I mean, that's part of who he is. But it escalated to a point that made it very uncomfortable. No longer was it charming. No longer was it a professional way to behave.
MR. SMITH: Okay. Thank you. We will go off the record.
(Proceedings adjourned at 5:20 p.m.)
PART 4 LINDA BORQUIST DIRECT TESTIMONY
Borquist enters unsubstantiated “student complaint”; uses “student complaint” to justify LATE timing of notification to Mr. Bellairs about Jennifer’s concerns
Q. After that point in time was there a time when you became aware of the fact that there had been some concerns raised about sexual harassment?
Q. And if you look at Exhibit 20, these are some notes that I believe will be identified as being Mike Chamberlain's notes. Do you remember whether you heard about this -- I think December 18th is right before Christmas. Do you remember if you heard about this before Christmas, after Christmas, or when you got the information?
A. I heard about it before Christmas from --through Holly Lekas.
Q. Who is Jennifer Jordan?
A. Jennifer Jordan is a media specialist at Westview.
MS. LINDA HUNGERFORD: We're going to have other witnesses who will testify about the specifics, and she'll be available and present.
BY MS. LINDA HUNGERFORD:
Q. When you heard that there were these concerns about sexual harassment, and then into January, was there a timing issue here that you were dealing with?
A. Yeah. It was right the day before winter break. We have a two-week shut down, which is maybe somewhat
unique, but nobody reports to work except for some maintenance people. But there's no central office going and there's no school in session during that two-week period of time.
Q. Okay. Under your contract with the BEA is there a specific time period when you bring complaints and concerns forward to a teacher?
A. Yes. 30 days.
Q. I think eventually the record will show that matter was brought to Mr. Bellairs' attention in late January. What was the reason why it was brought to his attention in late January?
A. There was a fear of him retaliating during the grading period, the end of our semester grades that were due in January. There was a student complaint that was also a sexual harassment compliant brought to us.
MR. DOYLE: I'm going to object. This is --once again, this is hearsay, and it's not part of the dismissal notice at all. This is an attempt to get items in the back door that the district has never included in anything before that we've ever heard.
MS. LINDA HUNGERFORD: I know, and it's not our intent. The student complaint was not ultimately
pursued by the student and is not part of the dismissal case. I don't think I need to have this witness go further, except to explain that, because of that student complaint, the complaints were not brought to his attention until towards the end of the 30-day period. Is that correct?
THE WITNESS: That's correct. It was dealing with another student piece.
MR. SMITH: Anything further?
MR. DOYLE: Nothing further.
MR. SMITH: Okay.
MS. LINDA HUNGERFORD: I will not ask any further questions about that matter.
MR. SMITH: Okay.
MS. LINDA HUNGERFORD: Just this one particular timing issue.
MR. DOYLE: I would further ask it be struck from the record. That is an attempt to, once again, bring in things that the district itself has determined merit no consideration in terms of the dismissal notice, and it shouldn't be part of the record either. I would ask that phrase or the sentence be struck.
MS. LINDA HUNGERFORD: Can you just let me rephrase this question? Can you just confirm for us, Linda, that
there was a reason, separate from Ms. Jordan's complaint, that the district waited until the end of January in order to bring that forward and to ask Mr. Bellairs to respond?
THE WITNESS: Yes.
MS. LINDA HUNGERFORD: The objection when she stated that the fear of retaliation against the student was the reason for waiting, is that the part you wish struck?
MR. DOYLE: Right. Once again, this is something that's just new here, and it's not part of the district's basis for termination, I assume, and I'd ask it be struck from the record.
MS. LINDA HUNGERFORD: I don't have any problem with that. I think we just wanted to make it clear that there was a reason why the district didn't immediately present this Jennifer Jordan complaint to his attention.
MR. SMITH: We will strike from the record why the decision was made and have only the stipulation that it was made for a reason acceptable to --
MR. DOYLE: I'm sure they had a reason, yes.
MS. LINDA HUNGERFORD: Yes.
BY MS. LINDA HUNGERFORD:
Q. Now, during the month of January did you tell…
Sexual harassment policy
Q: I want to ask you in terms of the sexual harassment accusations, in opening statements I think there's been a question raised as to whether this did or did not constitute sexual harassment. You have the policy
that we've looked at, and you have told us what you advise employees. Here there are two parts of that policy that are cited. I'm looking at the middle of page 6. "The conduct or communication has the purpose or effect of substantially interfering with an individual's work
performance." Then it says, "The conduct or communication has the effect of creating an intimidating, hostile or offensive working environment." What did you know about the reaction of Jennifer Jordan that in your mind constituted a violation of this standard of performance?
- Well, by walking down the hall and putting your arm around somebody who didn't want that. And actually, according to Jennifer, she physically pulled away. I know you can hear that later from her. Then to continue to do that when our policies and our vocalization of those policies is that there's lots of ways, as I've explained, to show you care by a quick handshake and high-fives, quick pat on the back. Also, Jennifer was feeling uncomfortable just trying to avoid Don because she felt uncomfortable around him. So it interfered with the working relationship. A media specialist certainly is somebody who is working with media studies and TV production kinds of things. We would expect a close working relationship in terms of professional working relationship between the people in those roles. The media specialist is an integral part of the school. She should be having contact with all teachers in the school. Instead, she felt intimidated to have any contact with Mr. Bellairs.
Close association with the Education Association
Q. In the course of performing your job, do you work with principals and other administrators assisting them when they have employees who are having difficulties in performing their jobs?
A. Yes. We encourage that so that we make sure we follow the right procedures and do things right. It's not something a principal might do every day, so we encourage that they call our office. We work closely with them.
Q. Can you speak just generally about what advice you give to principals in terms of how to work with the teacher when there's difficulties that they're
encountering with either performance of duties or conduct issues?
A. Well, we try and do, unless it's an illegal act -- obviously that's different. But we have the principal, first of all, have informal conversations and directives with the teacher and basically let them know what the improper behavior or the skill deficits are or
whatever it is that they need to work on. If we get a parent complaint, we encourage the parent to go directly and talk to the teacher. We try to resolve it at the smallest level. If that doesn't work, then we have a more formal conference. We typically put things in the working file as kind of the first ringing of the bell that there's
something serious. We put it in the working file. We know that we can use anything in that working file for a period of a year. So we'll keep things in there with hopes -- our hope always is that we have done our hiring well and that we, you know, are going to have a long, successful career with that individual, whether it's a teacher or another employee. But if things start happening again over the course of -- in that period of a year, then we're watching the time line pretty closely to make sure we have everything in that working file move forward to the
personnel file in a summary letter so that if need be --and our hope is we don't have to, but if need be, we can use those incidents if we need to move forward with the dismissal or other kind of action. So, you know, first of all, it's the informal piece of letting people know there's a problems. The next piece is a more formal conversation with something probably going in the working file. And the third piece would be a formal write-up that goes in the personnel file.
Q. Do you have contact with the Beaverton Education Association as you work with various personnel problems?
A. Uh-huh. I think we probably are a little bit unique in how we work with our association. The person who is the administrator of certificated personnel, which is a job I have also held in the past, and I meet usually twice a month and go over any kind of what we call
Issues sessions. We look at, you know, things that have been brought to either of our attentions, and we go through and have an open discussion about what we're hearing or seeing. The hope is that we would, again, resolve it at the smallest level. We are very frank with each other. We don't really hold any secrets or hold any information back. But we try to proactively work together. We've operated that
way for at least 12, maybe 15 years, ever since I can kind of remember with, you know, past association presidents. It is a culture that we have built. Because of that we have very, very few grievances. I can maybe think of three in my ten years in -- 12 years in HR. You know, I've never sat before this kind of a board before with a Fair Dismissal hearing. We're actively working together. Obviously they have a role of representing in this case a teacher, and we have a role that we need to play. But we try and work cooperatively. When I have a meeting that I'm going to be setting up with a teacher, I give what I would call a heads-up phone call to the association president or the Uniserv rep saying that this person will be expecting a call from X because they'll probably be calling you. We're going to have a meeting. I want to make sure you're available when they call so they can have
representation. That's how open our relationship is.
Q. You mentioned that you had these meetings generally twice a month. Who are those with?
A. It's my administrator for certificated personnel, the Uniserv rep and the BEA president.
Q. Now, there are some documents in the file. I just want to have you take a look at the beginning, and one of those is behind tab 3. It's the Code of
Professional Conduct & Annual Notices for Education Practitioners. Can you describe how this document has been developed and how it's used?
A. Yes. Actually, I developed it about ten years ago after I had been in HR first as an assistant director. What I note is -- for our employees is that the statutes, the Ethical Educator standards, some of the sexual harassment policies, affirmative action, are all sort of scattered in various documents or in different notebooks. The attempt here was to put it in a simple document so that everybody knew what the rules of the profession, if you will, would be. There would be no surprises about what our standards were as a district and as a
profession. So that's what we put together. I review this every summer to make sure that we have current policies, if there are any policy changes, so forth. So we'll update it and make sure it's current every year before we give it out. It is an annual notice. And I also personally go over this with every new employee orientation. We have a big new employee orientation for every new employee and also provide these to them throughout the year. I use this as a reference guide and actually talk from this document. Again, it's to make sure that everybody understands what our profession is about.
Q. Were you doing that, using this document and appearing at the new employee orientation, in 1997? Were you doing that, using this document and appearing at the new employee orientation, in 1997?
Q. And that's when Mr. Bellairs was hired by the district?
Q. Okay. In addition to just handing out this document, what is it that you say to new employees, let's say on the matter of sexual harassment, since that's an issue that already apparently has come up? I note that, you know, there's a reference to that on page -- it's the page that's numbered 2.
A. Right. Well, basically, I go through some examples. I try and make this as real for employees and for different situations that they may encounter. So for sexual harassment there's a clear statement here that it won't be tolerated. What I further go on to say is to
make sure that they understand that the harassment is in the eyes of the beholder, the one that it is being done to, and that I really caution people from -- and I talk about people sensitive to touch. For some people that may be a positive thing, but for many people, and for many kids as well as adults, that is not a positive thing. So
if there's any questions about it, any of this kind of behavior, simply just don't do it. So we -- I actually go through some examples about, you know, a quick handshake and high-five, a quick pat on the back may be welcome, but certainly any kind of what I call lingering touches by some people may be seen as offensive. I let people know that any sexual harassment claim that the district gets or any indication of sexual harassment is something that we're going to very seriously and look into, and that it really is in the eyes of the person that is receiving the unwanted attention.
Q. On the page that's labeled No. 1, there are excerpts from board policies or administrative rules on employee conduct and responsibility, and I want to have you just look at two of those. "Influence professional colleagues without coercion," why is that an important statement that the Board has chosen to include in its policy?
A. Well, because as professionals we expect all of our colleagues to be upfront, open, honest with each other, that they're not pushing anybody by threats, by yelling, by other kinds of coercion into a situation where they don't want to be. We have a strong ethic in our
district to cooperatively work together. We model that
from the top down. We model that with our association relationships, as I explained what we did with the teacher
association. We also have regular ongoing meetings with the classified association as well, as well as the substitute association. So, you know, that piece of professional respect and professional courtesies toward one another without any kind of coercion is very
important to our district.
PART 5 Vangorder Direct
Origin of complaint in November
Q. In November did you get a contact from Jennifer Jordan?
A. Yes, I did.
Q. And we have had her here as a witness. What did she tell you when she made the contact? Why was she
A. She came down and she was kind of nervous. She said, "I need to tell you about something that happened with Don Bellairs." She told me that she had been leaving the building on her way to a meeting, and he had approached her in the hall and put his arm around her and held her pretty tightly to him and said something to
the effect of, "Let's go start some rumors," or "Let's
start some tongues wagging. Let's start some gossip." The
implication being let's pretend we're having an affair or let's have an affair. She felt very uncomfortable. She tried to get away from him. She was embarrassed. His grasp on her was fairly tight. She didn't -- she wanted -- she didn't want people to know about it, but she wanted me to know because she wanted me to know there wasn't anything happening between the two of them.
Q. Did you ask her if she wanted to file a formal complaint?
A. Yes, I did.
Q. What did she say?
A. She said no, that she talked it over with her husband and she didn't want to do that.
Q. Did you give her advice about putting some distance between herself and --
A. Yes, I did. I suggested that if anything like that ever happened again where he approached her or put his hand on her shoulder or touched her, she was to tell him in no uncertain terms, "Don't do that," or "You're invading my space," or "I don't like to be touched.
Don't do that." She should draw very clear boundaries for him. And she should let me know if anything happened again.
Q. Did she -- was she telling you she didn't want you to intervene at that point in time with him?
A. Yes, she did.
DECEMBER and learning about “dinner”
Q. Did you then subsequently learn that there had been other incidents involving Mr. Bellairs and Jennifer?
A. Yes. Later.
Q. And was that right before Christmas break?
Q. What did you learn on that occasion then?
A. I learned that Mr. Bellairs had invited her to dinner. I learned that he had invaded her space. I'm not really clear on this, but somehow Jennifer was sitting down close to the wall and she felt like he was between her and the rest of the room. She was kind of crowded
into the wall. There was also an incident where he evidently had a piece of lint on his shirt. She made a comment about it, and his response to her was odd and had some sexual connotation to it.
Q. Were you alone in the meeting with her?
A. No. Mike Chamberlain and I talked to Jennifer together in her office.
Q. Jennifer told us yesterday that she had a hard time responding in these kinds of situations, that she found it difficult to respond or to say no or maybe follow through. When you talked to her, did you believe that she would be able to follow through and take care of this
A. She's a pretty timid person, but, yeah, I knew she would come and tell me again. I hoped that I had given her the language to use to protect herself. I also think I told her, "Don't be in situations where you're alone with him if you're uncomfortable."
Q. Okay. In January, after you and Mike Chamberlain met with Jennifer, then was that something that he was handling from that point on?
PART 6 Vangorder Cross Examination
Q. Ms. VanGorder, my name is Tom Doyle. I'm representing Don Bellairs here today. Thank you for coming in. Let's see. I would first just like to ask you a couple questions...(skipping January meeting). . . Let's talk about Jennifer Jordan. Jennifer Jordan came to you in early November of 2003; isn't that correct?
November meeting with Jennifer Jordan
A. I believe it was later in November.
Q. Ms. Jordan testified yesterday that she had a clear recollection that it was the second Monday in the month of November.
A. It could be. I don't have any recollection of the exact time.
Q. Okay. Did you make any notes of that meeting?
A. No. I did not.
Q. What specifically did Ms. Jordan tell you at that meeting?
A. Ms. Jordan told me she had been leaving the building one day on her way to a meeting. She had been approached by Mr. Bellairs. Mr. Bellairs had put his arm
around her and held her to him pretty tightly. It wasn't like a pat on the shoulder or quick hug. She felt she was kind of trapped by him. She said she was embarrassed because she didn't want anybody to see. She was also very uncomfortable. She didn't feel good about what was
happening. She kept saying, "I've got to go. I've got to go." She eventually just kept walking out of the building and she told me that he had said to her, you know, "Let's start some rumors."
Q. Do you remember the specific language, "Let's start some rumors"?
A. No. I don't remember the specific language.
Q. Did you tell -- I don't mean to interrupt you. As much as possible I'd like to hear the specific language. And if it's not, then tell me that this is the gist of what she was saying with you. If you can, the specific language is very important. Go ahead and answer the question. I'm sorry.
A. This is the gist of what she told me that Mr. Bellairs' comment to her was: "Let's start some rumors." I understood that to mean let's start an affair or let's start people talking about an affair.
Q. Did she say -- now that -- you said "I understood that," so did she say that Mr. Bellairs told her, "Let's start an affair"?
A. That's not a direct quote.
Q. So she didn't say that?
A. That's correct.
Q. Now, she testified that -- actually, strike that question. What was your response to Ms. Jordan?
A. I asked Ms. Jordan if she wanted to file a complaint and how did she want me to handle this. She had talked with her husband, Mike, and he had -- I believe she told me he wanted her to do something formal as a result of this incident. She didn't want to. She wasn't going to. I said, "Well, that's your decision to make. I can't tell you what to do." But I did tell her that she shouldn't be embarrassed about this, that what she needed to do was make sure she was very clear to him what the boundaries were, and that he wasn't to put his arm around her and he wasn't to touch her. She should say "No" and she should be crystal clear. "You're invading my personal space," you know. "I don't like to be touched. Don't touch me. Don't make comments like that to me." She said she would tell me if anything else happened. She left my
Q. You directed her, if Mr. Bellairs made her feel inappropriate or acted inappropriately, that she should
confront him in terms of the personal space issue and say, "Don't get in my space. I don't want that"?
Q. That she should also come to you and tell you if
anything else happened? If anything like that happened, if he made her feel -- if he acted inappropriately, that she should come to you about that?
A. Yes. That's what I told her.
Sharing info with Mr. Chamberlain
Q. So then did you also tell her that you were going to talk to Mike Chamberlain and that Mike Chamberlain was going to talk to Mr. Bellairs?
A. I asked her if she had talked to Mike Chamberlain about this. She said she hadn't. I said that I would share this information with him.
Q. Did you share the information with Mike Chamberlain?
A. Yes, but not immediately.
Q. When did you share the information with Mike Chamberlain?
A. I don't recall exactly.
Q. Was it a day?
A. No. It was not the -- it wasn't that day.
Q. Was it a week?
A. I really don't remember. I'm sorry.
December meeting pt 1
Q. Had you talked to Mike Chamberlain about this by
the time that you and Mike met with Ms. Jordan on December 19th?
Q. What was Mike Chamberlain's response when you told him about the conversation you had had with Jennifer in November?
A. He wanted to ask her the questions himself, so we went together to talk to her.
A. He wanted to hear firsthand. He didn't want to hear from me. He wanted to hear from her.
Q. Okay. And that was the December 19th meeting?
How much time elapsed? Action on complaint
Q. How much time elapsed from the time that you spoke with Mike Chamberlain about your conversation with Ms. Jordan in November to the time that you met with Mike and Ms. Jordan?
A. I'm sorry. I really don't recall. Jennifer had been very clear with me that she didn't want to file a formal complaint. She was embarrassed. She didn't want people to know about this. I didn't -- I didn't run to him right away and talk to him. We talked about it later. But I truly don't remember exactly when. I don't – I didn't keep notes on that.
Q. Ms. Jordan testified that she expected you to
talk to Mike, and that that word would get back to Don and he would know that this wasn't going -- it was not appropriate. She was relying on that. Now, it sounds like as much as a month passed between the time that you spoke with Ms. Jordan and the time that you spoke with
Mr. Chamberlain. Why that delay?
A. Jennifer said she didn't want us to go to Don. She didn't want to make a complaint.
Q. Okay. So when Jennifer said that she expected that Mike was going to talk to Don, that's incorrect?
A. I don't know what she expected, other than what she communicated to me. And that was that she didn't want to make a formal complaint. I told her I would share the information with Mike. I don't recall a conversation about Mike going to talk to Don.
Q. So you said something -- you did nothing that would lead Jennifer Jordan to believe that Mike Chamberlain was going to talk to Don about Jennifer's concerns?
A. I don't recall that. No.
Q. So what Jennifer told you, did you consider that to be sexual harassment?
A. I think it's a gray area. What we talked about was that there are a lot of things that can be unsettling for women, that women can think, well, is this -- this
doesn't feel right. I don't like this. But oftentimes you're afraid to say something, because when you say it in the light of day, it sounds like a big nothing. Jennifer kind of said, you know, "I really
don't want to go forward with this, because it's not going to sound like anything concrete. It's going to sound like he just made me uncomfortable." She just didn't feel like it was something she wanted to make a complaint over. Sexual harassment is a really difficult thing unless it's very overt and blatant.
Q. If you had thought it was sexual harassment, what would you have done?
A. She asked me not to do anything about it.
Q. She didn't ask you to talk to Mike?
A. No. I told her I was going to talk to Mike. She didn't ask me to.
Q. Are you under any obligations, if you see someone being harassed or know specifically about sexual harassment, that you're supposed to do something about that?
A. Yeah. It's important to me that the students and employees for whom I'm responsible are safe and feel safe.
Q. What are you supposed to do?
A. In the case of child abuse or when a kid's 335
Q. No. I'm talking about workplace sexual harassment not involving a student.
A. If I believed that Jennifer was sexually harassed in a serious -- and it was a serious thing, and sexual harassment is a serious thing, I would report it to my superior.
Q. Even if Jennifer had said, "I don't want this to go anywhere"?
Q. Your superior is Mr. Dennis?
A. That's correct.
Q. You never reported this to Mr. Dennis?
A. No. Not until -- he did know about it, but not until after Mike and I talked to Jennifer in December.
Q. Maybe our conversations jogged your memory a bit. Do you have any recollection of how long it was by the time -- from the time you mentioned this to Mike Chamberlain to the time you met with Jordan and
A. No. I'm sorry. I don't.
Q. I know this is a -- would be an educated guess or a rough guess, but do you think it was longer than --the time that you told Chamberlain to the time that you had the meeting with Jordan, do you think it was longer
than a month?
Q. Do you think it was longer than a week?
A. I don't know. I'm sorry.
Q. That's okay. This is a while ago. We're just trying to do the best. The meeting with Ms. Jordan, did she mention anything about Don saying, "Let's have an affair"?
A. No. She said Don had made the comment about, "Let's start rumors." She said at that later -- the later conversation I had with her in December, that Don had invited her out to dinner.
Q. So at the conversation on December 19th, at that point it sounds like -- and I have the notes and I'll refer you to Exhibit D-20, which is the -- which are the notes I believe by Mike Chamberlain relating to this meeting. It sounds like at that time three additional issues had come up?
Q. And one had been about the dinner, one had been
about Don sitting next to her, and another one had been a string or the thread. You've already talked about those. Did you ask Ms. Jordan why she hadn't come to you after any of those subsequent incidents?
A. (Reviewing document.) No. I can't remember 337
that I did. So I would have to say no.
Q. Were you surprised that she hadn't?
A. No, because she's pretty timid. I think what I know of her is that she would just want this thing to go away. She's not one to be running around sharing this information with people. She would just want it over and done with. She wouldn't want it to happen again.
She's not terribly confrontive.
Q. But she came to you after the first incident?
Q. You actually told her that if another incident happened, she should come back to you?
A. I gave her those instructions. I also know she's a really timid person and, you know, it would be very difficult for her to do that.
Q. You didn't think she would actually do that? You thought it was unlikely she would follow through at the time you gave those instructions?
A. I tried to be really clear with her when I gave the instructions because I know she is timid. I was trying to support her.
Q. So you didn't talk to Mr. Chamberlain for over a month, and you didn't think that Ms. Jordan would raise the issue with Don directly if she felt uncomfortable?
A. Mr. Doyle -- is that your name: Doyle? I can't 338
say how long -- when you say over a month, I'm not willing to say, yes, I waited for over a month.
Q. I have no idea. So if it's somewhere between November -- and according to go Ms. Jordan, early November; according to you it was a little bit later, but still in November -- and December 19th, somewhere in there --
A. Somewhere in there I had a conversation with Mr. Chamberlain.
Q. I think you've testified that it wasn't that next day?
A. It was not the next day.
Q. It doesn't sound like it was the next week?
Q. So at that time you gave Ms. Jordan two life lines or ways of dealing with this issue. One was that you were going to talk to Mr. Chamberlain, and two was that she should tell Don, "Hey, this is -- stand back. I have a personal space"?
A. That's right.
Q. I think you've said that because she's a timid person, you really didn't expect her to be able to do the "Hey, Don, this is my space"?
A. I guess I should say it again, because that's not quite what I meant. 339
Q. I don't want to put words in your mouth. I want your testimony.
A. When she talked to me -- because I know her. She is a timid kind of person. She doesn't like controversy, doesn't like conflict -- I encouraged her to be very clear with Don. I tried to give her some
language. Often that helps if you're working with somebody who is uncertain about a situation. If you can help them by giving words to use, that's a help to them: "Try saying this." Did I think, Oh, this will never work; she won't do it? No. I had no idea of what she would do. It didn't surprise me to hear in December that other
things had happened and she hadn't come back to me, but I didn't expect her not to do that. Is that clear?
December meeting pt 2
Q. It's clear enough for our purposes, I think. Thank you. You had this meeting with Ms. Jordan in December with Mr. Chamberlain, and she didn't say anything about Don said something about an affair. She didn't use the term “affair.” I think that's what your testimony has
been. Did she say anything about tongues wagging?
A. I don't know if she used those words. I did know that there was some part of -- a comment had been about, "Let's start some gossip. Let's start a rumor."
Tongues wagging is another way of saying gossip.
Q. The quote that Mr. Chamberlain wrote down appears to be, "Let's just start a scandal. What do you think?" Does that sound about right to you?
Q. That's what she told you Don had said when you met with her in November, isn't it?
A. Very close. Mike wrote this down on the 18th of December, so, you know, verbatim that's a direct quote. It is certainly similar to what she told me in November.
Q. Then she said in response, "I don't think so"?
A. And kept walking, yes.
Q. And kept walking. She didn't actually say, "I've got to go. I've got to go," did she?
A. She said that -- that's what she related to me when she talked to me. She didn't say to Mike or Mike didn't write it down in that conversation.
Q. So that was in the November meeting, not the December meeting?
Q. In this December meeting I don't see anything about -- actually, strike that question. In terms of that third incident, eating in the lunch back office -- that's about halfway down on the page -- did she say it happened a month before this
A. The conversation we had on the 19th or 18th of December?
Q. I'm sorry. 18. I keep saying 19. I'm sorry about that. On Exhibit D-20 are notes from December 18th. Yeah. It looks to me, and this is the way I'm reading it -- you were there, so you can tell me -- is that the gist of what she said about a month ago, give or take, was that -- and I see a question mark -- Don came up to her where she was eating lunch in the back office?
November meeting with JJ
Q. When did you meet with Jennifer Jordan in November?
A. I don't recall the specific date.
Q. Was it before --
A. My recollection is it was towards the end of the month, like the third week, but you've said that she believes otherwise.
December meeting pt 3
Q. Did you do any additional investigation based upon this complaint that you took -- not complaint, but interview with Ms. Jordan on the 18th?
Q. Were you asked to do any additional investigation?
A. By Jennifer?
Q. By anyone?
Q. Did you ask or did Mike ask in this meeting if there were any -- if there were any witnesses to the "let's start a scandal" allegation?
A. Well, we both did. I had asked her in November, and Mike asked her again. She said, no, she didn't know if there were any staff members around who saw. Basically she said, "I was just trying to extricate myself from the situation."
Q. Yet she was also concerned that people had seen this and would get the wrong idea?
A. Apparently it was right at the dismissal time, so there were students in the hallway.
Q. So she was worried about rumor control among students, not staff?
Q. That's why she was coming to you to talk about no one getting the wrong idea about this?
A. She was uncomfortable with what had happened. She wanted to share it with someone. She had discussed it with her husband. Her husband wanted her to make a formal complaint about it. She didn't want to do that. She decided not to do it. She didn't want anyone – she didn't want any rumors starting. So those are all the
reasons she came to me.
Incident 3: The Thread
Q. Now, that final incident -- if you can take a look at that. The quote from Mr. Chamberlain is that Jennifer said to Mr. Bellairs about a thread, "You might want to pull that off." Does that sound like what
Jennifer told you on December 18th at that meeting?
Q. Then Don -- then did she tell you at that December 18th meeting that Don came back with, quote, "I'd rather have you pull it from behind"?
Q. And she interpreted that as being a sexual innuendo?
Q. Did she say that -- did you ask her if it was the tone of voice that made that a sexual innuendo or was it just the words themselves?
A. My recollection is that it was both. It was the words and the way it was said, the way the words were spoken.
Q. Okay. It says, "Jennifer hadn't noticed that the thread went all the way around to his rear end"?
Q. What kind of thread was this?
A. I don't know.
Q. Did you ask about that?
A. No. I have no idea.
Q. Jennifer didn't come to you after the asking to dinner or suggesting dinner?
A. No. She did not.
Q. And she didn't come to you after the lunch in the back office with the coworkers, did she?
A. No. She did not.
Q. She didn't come to you after the thread incident, did she?
Seeking Jennifer out
Q. In fact, you and Mike sought her out and went to her to talk about these incidents; isn't that right?
A. We went to talk to her about the first incident. We didn't know about the others.
Q. So you went to her and talked to her about these other -- about the first incident and talked about these additional items?
Part 7 CHAMBERLAIN DIRECT
Q. After your meeting on the 16th of October – we know that you were his supervisor -- did you make visitations to his classroom?
Q. Do you remember approximately when?
A. I know one was October -- well, I'm sorry.
There was one before the October one. One was October 1st and one was the first week of November. I don't remember the exact date. So they were about four weeks apart.
Q. Do you remember which classes you were observing in?
A. I know there were -- Don had media TV production classes and one sophomore English class. It wasn't the English class. It was either media 1 or media 2. I know the classroom and I know what they were doing.
Q. What was your observation of the classes?
A. Kids were engaged. Kids were on projects. Kids were polite. Kids were appropriate.
NOVEMBER CONVERSATION WITH GAIL (VERY CONFUSED HERE ABOUT Nov v. DEC)
Q. Then was there a time right before Christmas when you became aware of some concerns by a staff member named Jennifer Jordan?
Q. Where did you get that information?
A. That information came to me from Gail VanGorder.
Q. And I think there was some questions about when you had a conversation with Gail. Do you have any way of remembering when that conversation occurred?
A. I don't have the exact date, but I know that it was in the area of Thanksgiving. I think it was late November. My recollection is it's late November.
Q. What was your understanding as to why you were
having a conversation with Gail or what she wanted you toknow?
A. She wanted me to know just because I was Don's direct supervisor. She felt that she had a good conversation with Jennifer and had come to some resolution about how they were going to deal with it.
Q. This was the conversation about what incident?
A. The incident where Jennifer had felt very uncomfortable when Don had come up to her and put his arm around her, made some comments that she was very uncomfortable with.
Q. Then at a later time did you have an opportunity to talk directly to Jennifer about some interaction with Mr. Bellairs?
Q. You want to turn to the tab under 20, D-20. When you had that first conversation back in November, was it your understanding that Jennifer didn't want to pursue a formal complaint?
Q. And that you weren't being asked to intervene or do anything, but Gail just wanted to share the information with you?
Q. This conversation -- let me just ask you about
the notes here. Did you take these at the time, or when did you take these in relationship to the conversation?
A. As the conversation was going on. I was up in Jennifer's office in the library with Gail. Three of us were there.
Q. So you were taking notes as you were talking to her?
Q. The incidents that are recounted on here, there are four of them, which one of them had you -- was the one that you had heard about before?
A. The top one. The first one.
Q. Okay. Jennifer went over that, and you – I think you've listed some words there in quotes. Are those the words that she used?
A. Those were her exact words, yes.
Q. Then the other three episodes, when did Jennifer indicate that those had occurred?
A. She couldn't remember exactly, but she was --she was indicating that they happened within three or four weeks prior to the December 18th, so sometime between late November and when I was speaking to her on the 18th.
Incident 2: Cornered in back room
Q. Okay. The third one has to do with one month ago Don came up to where she was eating lunch in her back office, and it records the fact that, "I walked in
unexpectedly and he left." I being you; correct?
Q. Is that an episode that was registered in your memory?
A. I clearly remember walking in and speaking Jennifer, and I know exactly the incident. I was so focused on whatever it was that I was talking with Jennifer about, that I didn't remember doing or seeing anything unusual. But I do clearly remember going upstairs to talk with Jennifer Jordan about something.
Q. At that time you didn't see anything unusual or didn't think anything?
A. No. I didn't. No. I didn't even register.
Q. Did you remember who was sitting next to her?
Q. Or the fact that Don was sitting next to her?
A. No. I mean, I knew that Maureen was across the table, but I don't -- it's one of those things where I knew I had to talk to Jennifer about something. I was just focusing on getting something -- just a question answered. I do not remember anybody else other than Maureen being on the other side of the table.
Q. Now, in terms of this last episode that's written down here, what's the picture that you got from Jennifer about that particular episode? Why did she bring
it up to you?
A. Because she felt that it was sexually inappropriate and harassing to her. The other things she was mentioning were along the same lines.
Handling the Complaint
Q. At this point in time did you contact anybody at the district office about the concerns that you had heard from Jennifer?
A. Yes, I did.
Q. And who was that?
Q. I believe there's been some testimony that this is like the day or a couple days before winter break. What did you then do about this matter, if anything? I mean, I don't know whether you were asked to do anything by Linda in regards to this matter.
A. If there was going to be any kind of formal complaint, Jennifer and -- Jennifer's name and the incident would have to be detailed. Linda instructed me to ask Jennifer, if there was going to be any kind of formal complaint, if she was going to be comfortable moving that forward, because her name would be used.
Q. After winter break then did you talk to her again about that question about whether she wished --
A. I talked to her when we came back from winter break.
Q. When you were talking to her on the 18th of December, can you recall what her demeanor was like, how she was behaving as she was telling you about these episodes?
A. Well, she was nervous. I think she was more nervous because two vice principals were meeting in her office. Jennifer is not the kind of person that, you know, has any kind of disciplinary issues as a staff member. She was somewhat embarrassed about the incident.
She was nervous about talking about it. She was just nervous about it.
Q. Did she share anything that explained to you why she was embarrassed about these incidents?
A. She didn't share specifics with us about it. I think she was just embarrassed, like any normal person would be, embarrassed about something that happens that is uncomfortable.
Q. At this time did she share any information with you about how she had responded to Mr. Bellairs, what she had done as each of these incidents had occurred?
A. She talked more about the incident that's listed first, which happened in the hallway. She was incredibly embarrassed because it was as school was getting out. There were kids around. She didn't know if other staff members were there. So she said, "Mike, I didn't know
what to do. I didn't want anybody to see. I didn't want anybody to start a rumor." She said, "Don had his arm around me. It was a very firm grip. And, as you know, I'm very small. I was trying to shy away and duck underneath and get out." She said she kind of laughed
it off and said, "I don't think so," trying in any way humorously to get out of situation.
Q. Okay. Then was there a time in January that she then did decide and tell you that she was willing to go forward with a formal complaint or she was desirous of doing that?
A. Yes. That was the Monday after winter break. She told me very clearly, "Yes, I want to go forward."
Q. There's another note from you here, the next one, at the faculty meeting. We've had some testimony about this already, but I want to ask…
PART 8 CHAMBERLAIN CROSS EXAMINATION
Q. You were involved with the investigation into the I guess complaint by Jennifer Jordan; isn't that correct?
Q. We have had testimony that Linda Borquist was the supervisor of that investigation. Who else was involved with that investigation as far as you know?
A. Gail VanGorder and myself were the two people that interviewed Jennifer.
Q. How about any other investigation that was done
by the school district?
A. Not that I know of.
Q. So either you or Gail VanGorder, to the best of your knowledge, are the people that I should be asking questions about in terms of who did what?
A. Yes. Correct.
Q. So what, to your knowledge, was involved with the investigation of the complaint by Jennifer Jordan, beginning with the meeting with Ms. Jordan and yourself and Ms. VanGorder on December 18, 2003? Give me a step-by-step description of everything that you did relating to the investigation of the complaint by Jennifer Jordan from the 18th on.
DECEMBER 18TH MEETING
A. Gail and I went together up to the library, and Jennifer has an office off part of the library. It's included inside. We asked to speak with her. We talked with her together about the incident that she had previously shared with Gail. I took notes, and we were with her I would say about 30 to 35 minutes talking with her about that. I'm not sure what else you're asking me.
Q. You took notes. What did you do with the notes?
A. I took the information and I made a phone call to Linda Borquist.
Q. We've already seen those notes. I believe it was Exhibit D-20. Those are notes that you took?
Q. Is that your handwriting at the top where it says extension 4163?
Q. Is that related?
A. I have no idea what that is.
Q. That makes two of us.
A. I don't know. It could be anything.
Q. Then the date was December 18, '03. There's three different areas where a word is a completely and utterly obliterated scratched out round. I can't make it out. Do you remember what those words were that you scratched out? Or I assume -- did you scratch those
A. Yes. I have no idea.
Q. To the best of your recollection these notes accurately reflect what Ms. Jordan told you in that meeting?
TALKING TO BORQUIST
Q. So you took the notes and then you called Ms. Borquist. What did you do after you -- what did you tell Ms. Borquist?
A. I told her what our conversation had been with Jennifer. We talked about the next steps that were appropriate with this situation.
Q. Okay. What were those next steps?
A. She said that if we -- if this was going to be pursued further as on official complaint, that Jennifer needed to know that her name would be brought forward with specifics of the incidents, and so it was -- I needed to find out if Jennifer wanted to pursue that.
Q. Had you asked that of her in that initial meeting with her on the 18th?
A. No. I hadn't. When we first went up and talked to her, we had not, no. It was later on we went up and talked to her.
Q. When was later?
A. That day. (TWO MTGS THAT DAY?)
Q. Okay. So there was an initial meeting -- I'm not trying to beat a dead horse. I just want to make sure I've got the order. At the initial meeting you took meeting notes. You call Ms. Borquist. She says figure out if she wants to file a complaint or not, make sure she
understands her name is attached with that complaint. Then you went back, both of you?
A. Just me.
Q. You met with Ms. Jordan, asked her if she wanted to file a formal complaint?
Q. What did she say in response to that?
A. I asked her -- I told her that if she were going
to file an official complaint, that I wanted to make sure she understood her name would be available and the descriptions would also be clear. I asked her to talk it over with her husband and think about it, and she could talk to me after break, because the next day was winter vacation.
MEETING JJ IN JAN
So she -- I talked with her the very first day after winter break, which was a Monday. January 5th I think was the day.
Q. Tell me a little bit about that conversation. What time of day did it happen?
A. Morning. I don't know exactly, but it was before lunch.
Q. And what happened?
A. I went up to her office and went into her office again. I asked her if she had a chance to share the information with her husband. She said she did. I said, "What have you decided?" She said to me, "I want to pursue an official complaint." I said, "Do you understand that your name would be brought forward with descriptions of what you've told me?" She said, "Yes, I do. I feel it's necessary and something that needs to be done."
Q. Then what did you do on this investigation or
relating to this complaint?
QUESTIONING MAUREEN MERRITT ABOUT INCIDENT 2
A. There was only one staff member that had a name given to me. That was art teacher Maureen Merritt. I had a conversation with her. She remembered the incident where I had walked in unexpectedly and Don was in the area where they eat lunch just the two of them. She remembered how uncomfortable it made Jennifer feel, and she remembered me walking in. There were no other people for me to investigate. I mean, I didn't have any other staff members to talk to about this situation.
Q. Tell me exactly what Ms. Merritt told you. It sounds like it was just a general description. You said that she remembered the incident when you came in?
A. Yes. She remembered me coming into the area and wanting to ask a question of Jennifer. She remembered Don being there. She remembered Don getting up, and she had a conversation with Jennifer about how uncomfortable it made Jennifer feel.
Q. So then, first of all, did she remember when this incident occurred?
A. I don't remember even asking her that question.
Q. Did she remember anyone else sitting there at the table?
Q. Did she remember exactly what Jennifer said
after Don had left?
A. I don't have it word-for-word. She just said that she felt very uncomfortable, but I don't have it word-for-word from her.
Q. Did you write down any of this?
A. No. I did not.
Q. When did you talk with Ms. Merritt?
A. It was the second week of January. The reason I know is because we came back on a Monday, and then we had the snow. People were snowed in and couldn't even get to school for those Tuesday through Friday. So it was the next Monday or Tuesday, and I don't have the date again,
but it was the 11th or 12th, something like that, of January.
Q. So the following week you talked to Ms. Merritt?
Q. Did Ms. Jordan indicate there was anyone else sitting at the table?
A. No. She did not.
Q. Did you ask her if there was?
A. Well, she first told me on the notes that I have here -- she said, "Maureen was at the table with us when you walked in, Mike." She didn't say anything about anybody else was at the table. She specifically gave me Maureen's name.
Q. Okay. But I'm asking, did you ask if there was anyone else at the table?
A. I don't remember if I asked if anybody else was at the table.
Q. Okay. When you talked to Maureen, did Maureen indicate that Don was -- did she indicate anything about how Don was sitting at the table? Did she describe it? Did she indicate anything other than what Jennifer said afterwards?
A. She said that Don was sitting very close to Jennifer and had her up against a wall at the table, had scooted his chair over next to her as she was eating lunch.
Q. Okay. Can I ask you -- I guess for some reason in the back of my mind I was thinking it was a bench.
Q. So these are separate chairs?
A. It's a table, like a six-foot table --
A. -- with chairs that come up to it.
Q. What kind of chairs are we talking about?
A. Regular classroom chairs.
Q. Nothing fancy as this (indicating)?
Q. It's not the ESD; it's the Beaverton School
Q. So the idea is that the chair was close, like he was sitting close to her there in separate chairs, but the chairs were close?
Q. Did Maureen remember Ms. Jordan saying anything specifically after Don had left?
A. No. I think it's important for you to hear that Maureen is -- she's very reluctant and hesitant to talk about this. She's expressed to me, that, you know, she's --
Q. I'm sorry. I think you're -- this is not in response to a question, I don't believe, unless you're answering my -- I think you're going to go into hearsay. I know I'm objecting to my own question, but-
MR. SMITH: Wait to answer a question.
THE WITNESS: Okay.
FIRST WORD FROM VANGORDER
BY MR. DOYLE:
Q. On Exhibit D-20, that first bullet about the "Let's start a scandal" comment, had you heard about that comment before this meeting on the 18th with Ms. Jordan?
A. Late November. Sometime around Thanksgiving. I
can't pinpoint a date, but it was sometime in late November.
Q. Do you think it was before Thanksgiving?
A. I can't say for sure. I would say probably, but I don't have an exact date.
Q. Who did you hear it from?
A. Gail VanGorder.
Q. What did she tell you exactly?
A. That Jennifer was very uncomfortable regardingan incident where Don walked up to her at 2:30 or 2:35 in the afternoon. School was getting out. Kids were all over. He put his arm around her and said, "Let's start a scandal. What do you think?" She tried to get away. She tried to laugh it off. She was embarrassed and felt staff might see or kids might see. She was just very embarrassed about it.
Gail also told me that she had a long conversation with Jennifer about what she wanted to do. Jennifer felt like she didn't want to file a formal complaint. So Gail talked with her about how to make sure that other people were around, how to make sure she could address it if it happened again, what to say. That was the information she gave me.
Q. So it's substantially the same as what you wrote down here, plus a little bit more in terms of a little
more context of the actual conversation --
Q. -- between Jordan and --
A. I would say that's fair. Yes.
Q. By here I'm referring to the top of D-20.
Q. First of all, do you know why was Ms. VanGorder telling you this information?
A. Because I was his supervisor. I directly supervised him. She was just letting me know just to make sure I was aware of it.
Q. Was there any talk about maybe you telling Don that he was -- that he got too close, that there was a boundary issue there?
A. No. Gail had told me that Jennifer was – she was comfortable with the way they had addressed it, that she -- Gail talked to her, and she felt that she could handle it. She wasn't fearful that something else was going to happen, but she felt confident, after talking to Gail, about how to handle it if it happened again.
WAS THIS SEXUAL HARASSMENT?
Q. Did you consider the information that Gail had told you to be evidence of sexual harassment?
A. I mean, I felt there was a staff member who felt uncomfortable. I felt there was a staff member who worked closely with Don Bellairs and didn't need to feel
uncomfortable. When you have a series of things, I think there's sexual harassment, and I think we all know what sexual harassment is. I knew that staff member felt uncomfortable. I thought that was important enough.
Q. Important enough to do what?
A. To share the information with a vice principal and to have her share it with me so at least I knew about it.
Q. But important enough for you to do anything?
A. Jennifer felt that she was okay, that after the conversation she had with Gail she was -- she had what she needed. She felt that -- Gail told me she felt comfortable to handle any kind of further actions, that if it came up that she could handle it.
Q. If you had a staff member that came to you and said they were sexually harassed, told you items that were clearly sexual harassment, but said they didn't want to file a complaint, what would you do?
A. Well, it's a hypothetical, so I don't know how to answer that. It would -- I think it would be depend on the circumstances. I felt like -- I guess if I believed that the person telling me was not wanting to press charges, not wanting to move forward with it, I would honor that.
Q. If you were presented with what was clearly
sexual harassment, you would not take any administrative action because the individual who came to you said that they didn't want you to?
A. Well, I mean, it's hypothetical, but I think that's how I would respond. You're asking me something that hasn't happened, so I don't know 100 percent how I would respond to that. We were responding in this case to what Jennifer wanted to do.
Q. Okay. That's -- as far as you knew, all she wanted to do was to have this brought to your attention but not to do anything in response to that?
Q. No. Jennifer.
A. You said she.
Q. You're absolutely right.
Q. All Ms. Jennifer Jordan wanted to have happen was for the information to get to you, but not for you to do anything about it?
A. She told Gail. Gail informed her that – Gail said, "I'm going to tell Mike, because Mike directly supervises Don Bellairs."
Q. But you weren't supposed to do anything; correct?
INITIAL CONTACT WITH VANGORDER; TIMING OF REPORT
Q. Did Gail tell you when Ms. Jordan first came to her about this issue?
A. Did Gail tell me? She told me right afterwards. Is that -- I'm not sure I understand your question. I'm sorry.
Q. She told you that Jennifer had just come to her and she was now coming to you?
A. It was the same day or very shortly after. It may have been the next day.
Q. What exactly did she say that led you to that conclusion?
A. She said, you know, Jennifer came to me yesterday or today. I mean, it had just happened that day. They had just --
Q. Actually yesterday or today?
A. I don't remember exactly what she said. I know that it was very, very recent, whether it was the same day or the next morning or that afternoon, I can't recall, but it was very recent. I know that.
Q. How do you know that? From what she told you?
A. I remember Gail saying something about, you know, that it happened very recently. I don't have the date written down.
Q. So there's probably like one or two days?
A. At the most. I would say probably one -- I
would say more like one day.
Q. Okay. And Ms. Jordan had testified yesterday that she went to Gail. I believe it was the Tuesday after the second Monday of the month of November. The incident happened on the second Monday of November, and she went to Gail on the Tuesday. Does that sound about right?
A. I don't know. I have not heard that before. I don't know. I wasn't here for that testimony yesterday. I wasn't here in that.
Q. If that were true, then Ms. VanGorder came to you the following day after that?
A. (Nods head.)
Q. Okay. Can you tell me how many -- this is going to be a hard question. I apologize for it. How many working days are there in December and January, December of 2003 and January 2004?
A. How many days of contact with students?
Q. Working days that teachers are on duty, in other words?
A. There's 15 in December.
Q. How many in January? I am impressed you know December.
A. Because it's after Thanksgiving. Generally there's three weeks. Then you have Christmas/winter break, so it's 15. January there's probably close to --
it's got to be close to four weeks, so it's closer to 20.
Q. Now, do you know of any policies within the school district that requires the administration to tell someone who has a complaint against them -- to tell that person about the complaint within a certain amount of time after the administration receives that complaint?
A. No. I'm not. I don't know that I'm versed inthat.
Q. You've never been instructed -- how about under collective bargaining agreement?
A. I'm not -- I don't specifically know exactly --I can't quote that chapter and verse, so I couldn't tell you exactly what it says, nor do I know what those time lines are.
Q. You've never ever heard that there's a 30-working-day requirement for --
A. No. I know that. I'm sorry. I thought you were saying that because -- okay. Yes. I know the 30 working days.
Q. What is that requirement exactly? A. Again, I can't quote it chapter and verse. I know that you have 30 working days. And I know because I was working with Holly Lekas on this situation and we
had 30 working days from December 18th I guess to bring this forward into January.
Q. So you had -- what would have happened if you had not brought it to Don's attention within the 30 working days after December 18th?
A. You know, I was leaving that up to HR, to Linda and Holly.
Q. You were trying to work under that deal?
A. Yes, I was. I had been in communication with Holly. Holly said we were well within those 30 days. I didn't understand that's what you were asking me.
Q. I'm sorry if I was unclear. Doesn't the collective bargaining agreement say that any complaint that's not brought to the
individual's attention within 30 working days can't be used for discipline?
A. I don't know.
Q. Isn't that the gist of it?
A. I don't know.
Q. I want to go back in time a little bit to the October 16, 2003, conference summary that's Exhibit D-18. Now, did you write this?...