SNIFFEN & SPELLMAN, P.A BREVARD COUNTY SCHOOL DISTRICT Report of Investigation September 25, 2018 Table of Contents 1 Introduction and Scope nL. Methodology mi. Overview I. Background v. Relevant Authority VI. Allegations vil. Legal Analysis Vill. Investigative Findings Ix. Conclusion x. Recommendations XL Statement of Completion I Introduction and Scope The Brevard County School District (“District”) engaged this Firm to investigate an internal complaint submitted by Deputy Superintendent/Chief Human Resources Officer Dr. Carol Tolx (f/k/a Carol Kindt) (“Dr. Tolx”). While described in more detail below, the complaint generally alleges that Brevard County School Board member Andy Ziegler retaliated against her for filing an internal sexual harassment complaint in February 2017 (“2017 Complaint” or “First Complaint”), which this Firm also investigated (“2017 Investigation” or “First Investigation”). As they did with the 2017 Investigation, District officials made clear that no particular result or outcome is expected in the instant investigation. The methodology and manner of the investigation has been left to the Firm’s discretion.II. Methodology The Firm employed standard investigative practices for this investigation. The Firm did not need or utilize any external third parties for any forensic examination, data recovery, or any other reason. Standard procedures were used to collect documents in electronic and paper form. District personnel provided assistance gathering and forwarding records requested as part of the investigation. To ensure the documents requested were provided in full, the Firm submitted its requests pursuant to Florida’s Public Records Law, Chapter 119, Florida Statutes. Specifically, the Firm submitted public records requests on February 6, 15, 16 and 21; March 6; April 23; July 27; August 10; and September 21, 2018. Dr. Tolx, through her counsel, also submitted documents. The Firm utilized the normal investigatory protocol of asking the complainant (Dr. Tolx) and the subject of the complaint (Mr. Ziegler) to identify all witnesses whom they felt supported their respective positions. Dr. Tolx provided an extensive list of persons, while Mr. Ziegler did not supply any names. The Firm interviewed all but one person identified by Dr. Tolx - Caroline Glenn. ‘The Firm interviewed the following individuals as a part of the investigation: Dr. Carol Tolx Former Superintendent Desmond K. Blackburn School Board Member Misty Belford School Board Member John Craig School Board Member Tina Descovich School Board Member Matt Susin Rivers Lewis Marynet Dulice 9. Christine Moore 10. Beth Thedy 1. John Carr 12. Rochelle Schwindt 13. Major Walters 14. Chrystal Holaway 15. School Board Attorney Amy Envall, Esq. 16. School Board Member Andy Ziegler SAIAVRYNSWithout subpoena power to compel interviews, the Firm had to rely on the voluntary appearance of witnesses at their convenience. As a result, the Firm could not complete all interviews until September 6, 2018. Til. Overview By letter dated February 6, 2018, the Firm advised Mr. Ziegler that Dr. Tolx had lodged an intemal complaint against him. (Exhibit 1). On the same date, the Firm wrote all School Board members requesting all information on their smart phones. (Exhibit 2). The Firm issued a letter to all School Board members clarifying that the February 6 records request did not encompass records protected by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). (Exhibit 3). On February 21, 2018, the Firm sent a follow-up letter to all School Board members requesting that each provide records in their possession related to several specific subject areas. (Exhibit 4). On February 6, 2018 the Firm advised Dr. Tolx of her responsibilities relative to public records maintenance. (Exhibit 5). On February 15, 2018, the Firm requested Dr. Tolx provide any documents supportive of her allegations. (Exhibit 6). Throughout the investigation, Dr. Tolx, through her counsel, provided records on 5 separate occasions: April 4, April 20, May 9, May 17, and August 6, 2018. Dr. Tolx requested anonymity during the First Investigation; however, at the beginning of the present investigation Dr. Tolx indicated she was waiving anonymity. On July 17, 2018, the Firm provided Mr. Ziegler with a written summary of the allegations lodged against him and issues that would be addressed in his interview. (Exhibit 7). Because Dr. Tolx alleged that certain conduct occurred during School Board meetings, the letter identified a list of School Board meetings in the event Mr. Ziegler wished to review them prior to his interview. A follow-up e-mail was sent to Mr. Ziegler attempting to schedule the interview on July 25, 2018. (Exhibit 8). Subsequently, on July 26, Mr. Ziegler sent an e-mail advising that he had been on vacation and did not receive the July 17 correspondence until his return. (Exhibit 9). Mr. Ziegler’s interview was ultimately scheduled for August 6, 2018. The Firm allowed any witness to be accompanied by their own legal counsel at their interview. Although a handful of witnesses appeared to want counsel present, which resulted in delays in scheduling, ultimately only Dr. Tolx was accompanied by counsel. Mr. Ziegler and at least one other Board member asked whether the Board’s attomey, Amy Envall, could accompany them to the interview. Because we 3