McKinley principal won't be disciplined over student's 7-week suspension
Decision also spares other school officials
McKinley High School Principal Crystal Barton will not be disciplined under state education law for her involvement in the suspension of Jayvonna Kincannon, and neither will any other Buffalo school officials, it was decided Wednesday night.
That decision was based on the assumption that pursuing charges under the state’s often-criticized “3020-a” law would be time-consuming and costly, and would probably result in the charges being dismissed, said Christopher L. Jacobs, an at-large member of the Board of Education.
However, an attorney retained by the Board of Education said “internal actions” — short of proceedings under state law — have been taken to address “violations of proper procedures.” He declined to be more specific.
The board and Superintendent James A. Williams met behind closed doors to discuss the McKinley situation, then— through Karl W. Kristoff, the attorney — issued a statement that provided few details on possible disciplinary charges.
But Jacobs told reporters that filing disciplinary charges under state law would result in lengthy and expensive proceedings, and probably go for naught. Given that, he said, “I’d rather spend the resources” reforming the student discipline system to prevent similar breakdowns.
Jacobs was then asked by The Buffalo News whether that means that no disciplinary charges were being filed under state law.
“I’m not fully satisfied,” he replied. “That’s the reason I’m not fully satisfied.”
The most recent survey by the New York State School Boards Association said the average 3020-a proceeding lasts 520 days and costs $128,000.
Kristoff, the attorney hired by the board, released a two-page statement saying there were “significant issues” regarding district procedures and “the job performance of nearly everyone involved” in Jayvonna’s suspension.
“Where justified, internal actions have been commenced to address instances of violations of proper procedures,” Kristoff said. “In proceeding this way, we have considered the facts underlying the employees’ conduct, the extenuating and/or mitigating circumstances involved, together with the systemic failure of our student disciplinary process in this instance.”
Kristoff was asked if disciplinary action is being taken against Barton or others.
“I can’t comment with respect to that,” he said. “All I can say is that the district is going to deal with errors internally.”
Kristoff also said a review of the case “has caused us to conclude that none of the school personnel involved acted with any sort of malicious intent. Rather, what we found were unacceptable lapses of judgment in the implementation of our student discipline policies.”
Jayvonna was suspended for seven weeks — later reduced to five weeks — for using a cell phone in school, and for leaving class and school without permission. She was using the cell phone to arrange to protest to the Board of Education the dismissal of Michelle Stiles, a volunteer assistant girls basketball coach at McKinley.
Stiles said her dismissal resulted because she questioned the actions of James Daye, the football coach at McKinley, after seeing him leave a home where a member of the girls basketball team sometimes stayed. Stiles said she dropped the matter after learning that Daye was visiting an adult female relative of the girl.
Kristoff on Wednesday night told reporters that Stiles was dismissed for reasons “solely relating to her coaching.” However, an earlier report by investigator David L. Edmunds Jr. said no concerns were raised about Stiles until after the incident with Daye.
Kristoff said the way some district staff members handled the suspension was “disappointing,” and — like Edmunds — said errors were made from beginning to end.
“The system simply broke down in this case,” he said.
He outlined a series of seven reforms — which closely mirror Edmunds’ recommendations — that the board is pursuing to fix the student disciplinary system.
Kristoff said Barton — along with several others — agreed to be interviewed by him before he made his recommendations to the board. Earlier, Barton refused to be interviewed by Edmunds or by the board’s Ethics Committee.
