Superintendent Decides Fate of Hixson Coach

A former coach at Hixson High School came under fire after students and parents complained about inappropriate comments made to them or their children. Bill Eller was suspended earlier this year while the school district conducted an investigation. Friday, the Superintendent announced a decision on Eller's future.

Coach Eller was suspended without pay for 10 days... A suspension that has now ended. But you won't see him back on the bench or at Hixson. Eller is prohibited from coaching and will be transferred to Soddy-Daisy High School.

Eller has ten days to appeal, however, Superintendent Dr. Jim Scales says he has no doubt that the allegations against Bill Eller are true. The investigation began back in December when one girl claimed Eller made inappropriate racial remarks.

The school system investigated and SIX other students independently corroborated the girl's story. All of them claim Eller said quote, "white does right, black does wrong."

SEVEN students claim Eller made references that he might be a member of the KKK and that he threatened to get his "bruhs" to burn the girls house down. In addition, Eller himself admitted that he made the comment "white does right, black does wrong," but he says the context was different.

Over the course of the school system's investigation, they uncovered 19 additional incidents that transcend race, and date back more than two and a hald years. But because none of those incidents were placed in Eller's personnel file, the Superintendent was limited in what action he could take.

Superintendent Dr. Jim Scales says, "It becomes more difficult when a situation that arise to the level like this and we don't have it in the personnel file. With the knowledge of the person that the allegations are against."

But despite the severity of the allegations, Eller's pastor Randy Bell stands by the Coach.

He says, "When will he be given time to answer his accusors?"

Bell says Eller was never given the chance to see the allegations, and wants the coach to have the chance to defend his name. He believes many of the accusations stem from disciplinary situations and involve trouble students.

Eller has ten days to appeal Scales' decision and he is expected to do so.

The entire Investigative report and Dr. Scales' Memo to Eller is below. As a warning, some of the language may be considered offensive.

You can also scroll to the very bottom and share your comments on the decision.

MEMORANDUM

To: Mr. William Eller

From: Dr. Jim Scales, Superintendent of Schools

RE: Allegations of Unprofessioanl Conduct

SUBJ: Suspension/Reassignment

Date: January 18, 2008

As you are aware, the Hamilton County Department of Education has received complaints from several students at Hixson High School that you made harassing and intimidating comments to a student on December 5, 2007. These allegations, if true, would violate the Hamilton County Board of Education's policy-prohibiting the bullying and harassment of students and would demonstrate unprofessional conduct in violation of your duties as an educator. Accordingly, I suspended you on January 4, 2008, pending investigation into whether these allegations were true and, if so, what disciplinary action might be appropriate.

Stacy Stewart, Director of Licensed Personnel, and David Cowan, Area I Operations Director, led this investigation and interviewed more than 20 Hixson High School students. As a result of their investigation, they concluded that you did make harassing and intimidating comments to a student on December 5, 2007. Moreover, they have discovered several other incidents in which you used vulgar and intimidating language toward students. A summary of their investigation is attached to this Memorandum.

On January 14, 2008, I met with you at the central office to discuss the results of the investigation. Pursuant to the Memorandum of Agreement between the Hamilton County Board of Education and the Hamilton County Education Association, Rhonda Catanzaro, the TEA Uni-Serve Coordinator, was present with you. Also present were Stacy Stewart, David Cowan, Area I Operations Directors and Don Beard, Area I Superintendent.

During the course of our meeting, you denied having made any intimidating comments to any student and further denied any intent to bully or harass anyone. Instead, you claimed that the students had contorted your words of December 5, 2007, out of context to cast you in a bad light.

After giving careful consideration to Ms. Stewart and Mr. Cowan's report and the explanation you offered, however, I believe you did use intimidating language on December 5, 2007, with the intent to bully and harass a student. The witnesses to the incident described the same version of'events in essentially the same detail, and there is no evidence that they couuded in support of this complaint against you.

Moreover, I find that this recent complaint is alarmingly similar to several other incidents between you and other students at Hixson High School. The other incidents that were discovered are of such a similar nature to the events of December 5, 2007, as to demonstrate a pattern of bullying and harassment.

In my opinion, your recent statements to the student on December 5, 2007 were intimidating and harassing. These actions are unprofessional and violate Board Policy No. 6.304 prohibiting bullying and harassment. I am therefore suspending you from your employment with the school system without pay for ten (10) days, returning you to pay status on January 18, 2008.

In order to pr6tect you from any unfounded allegations, and also to protect the students of Hixson High School from any perceived retaliation, I am also transferring you to another assignment elsewhere within the Hamilton County school system. The personnel office will be in touch with you as soon as it identifies this assignment. I am also relieving you of your coaching responsibilities inasmuch as the conduct you have demonstrated is incompatible with the professional conduct I expect from role models such as coaches.

If you object to your ten-day suspension without pay, I expect you to notify me in writing within ten (10) days from the receipt of this Memorandum. Upon receipt of your objection, I will prepare appropriate charges of misconduct and submit them to the Board pursuant to T. C.A. § 49-5-51 1. Thereafter, the Board will give you an opportunity to contest these charges at a public hearing pursuant to T.C.A. § 49-5-512.

With respect to my decision to transfer you from Hixson High School and to remove you from your coaching responsibilities, however, that decision is within my jurisdiction pursuant to T. C.A. § 49-2-30 1 (b)(1)(EE) and (GG). If you believe there are any facts I have failed to consider or if you wish to dispute my conclusions, you may do so by submitting your objection to me in writing within ten (10) days from receiving this Memorandum.

I am disappointed in your conduct. I trust, however, that you now understand that the Hamilton County Department of Education will not tolerate vulgar, intimidating or abusive language by its employees towards any student. If you demonstrate any further misconduct of this nature, the Department of Education will take further disciplinary action against you including the possible termination of your employment.

Incident Report: December 5, 2007

-- Teacher stated "White does right, black does wrong." This was said in response to student's comment of (paraphrased), "You wouldn't say anything if I was white."

** Teacher's statement verified verbatim bv six students (STUDENTS #1, 6, 12, 13, 17, and 18)

** In Mr. Eller's written statement, he admits to making this comment - but he changes the context in which it was said.

-- Student commented (paraphrased), "You sound like one of those old white guys in the KKK." Teacher responded (paraphrased), "You never know - I might be."

** Statement verified by seven students (STUDENTS #1, 2, 6, 12, 13, 17, and 18)

-- Teacher stated (paraphrased), "I'll just get my lbrubs' to come burn your house down." When it was noted by a classmate that STUDENT #1 was mixed, teacher stated, "I'll make sure that ill the white folks are at the grocery store."

** Statements verified by six students (STUDENTS #1, 2, 6, 12, 13, and 17)

The above-listed students are the only ones we could verify were in the area of the incident (near exit doors). Other students interviewed from this class reported no knowledge of the incident - but also reported that they were either in the gym or on the stage at the time. No student who reported being in the area confined Mr. Ellei-s version of the story.

-- In Mr. Eller's written statement, he mentioned on three occasions that STUDENT #1 was screaming. Two times he noted that she "screamed at me, " and once noted that she "screamed at her" (referring to STUDENT #2). All students interviewed reported that there was no screaming. In fact, they made note that STUDENT #1 was '@pretty cool about it, " or

11 kind of laughing. " STUDENT #2 also noted that there was no screaming at her. Infact, she stated, "They wasn't, like, being all serious..."

Though Mr. Eller's discipline referral history shows numerous write-ups for disrespectful and insubordinate behaviors (and also minor issues like gum-chewing and tardies), there was no referral completed on STUDENT #1 following this incident. When asked about this in the 12/17/07 interview, he stated, "A referral that says she's screaming at me implies I don't know what I'm doing."

It is important to note that the statements gathered verbally from students during interviews on 117108 matched the students' written statements gathered on 12/10, 11, and 12 of 2007. 42% (13 of 31) of the students present on the day of the incident were interviewed.

History of Student Reports / Pattern of Teacher Behavior

-- Teacher comments relating to KKK activity and burning of property:

** December 5, 2007 - Six students verify teacher's comments regarding KKK involvement and burning house down (see page 1).

** December 8, 2006 - On 12/8/06, student reported - in writing - Mr. Eller's statement ot "I'm going to stand in front of STUDENT #3's house with a cross and gasoline." This statement was verified by STUDENT #4 and one witness, STUDENT #5, during an interview on 1/8/08.

-- Incidents of teacher hitting students in face with athletic equipment:

-- December, 2007 - STUDENT #6 reported that Mr. Eller threw a tennis ball at her repeatedly ("4 or 5 times") while in the midst of a whiffle-ball game in the gym. She asked him to stop, but he continued. At one point, she was not paying attention and was hit in the mouth by a tennis ball thrown by Mr. Eller.

** This incident was verified by STUDENTS #8, 12, and 19.

** This incident was also addressed by Coach Eller himself, in that he called a meeting with the student's mother to discuss it. This conference was held on 12/14/07. During an interview with Mr. Eller on 12117107, he stated that STUDENT #6 had been hit in the mouth with a ball thrown by another student.

-- September 15, 2005 - (Report taken from principal's notes of conference with student / parent.) Student reports that Mr. Eller was getting basketballs out of the equipment room for class. He was bouncing them to everyone else but threw it at STUDENT #7 and hit him in the face.

** During conference with STUDENT #7 on 1/9/08, he recounted the incident verbally as it had been recorded in 2005.

Incidents of teacher intervention between Mr. Eller and other student:

-- October 25, 2007 - Coach G. Hall intervened between STUDENT 48 and Mr. Eller during verbal confrontation; brought student to office.

-- April 12, 2006 - Coach R. Vandergriff intervened between STUDENT #9 and Mr. Eller during verbal confrontation; brought student to office.

** During interviews on 11/1/08, both coaches reported intervening because

they felt it necessary to remove the studentfrom the situation. It should be noted that both coaches reported that these students went willingly with them upon their request.

History of Student Reports / Pattern of Teacher Behavior (continued)

Incidents of teacher making sexually degrading comments:

-- December 8, 2006 - Written statement from STUDENT #4 (on 12/8/06) notes that Mr. Eller stated, "What can I get for 25 cents? STUDENT #4, what can I get for 25 cents?" Further she noted that Mr. Eller had commented, "Where your other shorts at?"

** During interview with student on 1/8/08, she recounted statement as "Wonder what STUDENT #4 do for a nickel? STUDENT #4, what you do for a nickel?" She stated that she didn't understand the reference of the comment until some other students laughed and told her what he meant. During the same interview, she also recounted that she started changing how she dressed in gym class specifically, no more shorts - because Mr. Eller made her "very uncomfortable. "

-- September 15, 2005 - (Report taken from principal's notes of 9/15/05 conference with STUDENT #7 and parent.) Student reports that Mr. Eller was making fun of his squeaky voice, saying he hadn't hit puberty. Mr. Eller also commented that "Your voice sounds like your mom when I'm doing her."

** During phone conference with father on 1/9/08, he recounted the information exactlv as it had been recorded in 2005. During conference with STUDENT #7 on 1/9/08, he recounted Mr. Eller's statement as, "Your voice sounds like your mom last night. "

-- October 10, 2005 - Student referred to office by Eller for saying he was going to f----- g kill you," and "I'm going to f--- your wife." Student suspended 45 days. .

** During interview with STUDENT #10 on 12/17/07, he admitted to both of those statements, saying, "I admit, I acted out of proportion. " However, the student notes that his statements were in response to Mr. Eller saying, "I f ----- d your mama." This incident happened when the two were alone in the locker room.

Incidents of students reporting an inability to pass PE regardless of performance:

-- January 8, 08 - During an interview, STUDENT #4 reported: "He didn't like me for some reason. I did everything he told me to and I still failed... bad."

-- November 17, 2005 - Parent letter received by principal, stating: "... Coach Elder (sic) repeatedly told STUDENT #1 1, 'I don't like you' and berated (him) in front of the class, and then further stated that regardless of (his) performance, Coach Elder planned to fail (him) simply because he didn't like (him)."

** On 1/8/08, a phone conversation was held with this parent, She recounted the incident exactly as she had stated in her letter from 2005. STUDENT #11 was also interview by phone. He stated, "He didn't like me. No matter what l did l'd fail. l couldn't do anything right."

History of Student Reports / Patternof Teacher Behavior (continued)

Incidents involving students reporting discriminatory treatment:

-- December 2007 - STUDENTS #1, 6, and 13 report being singled out unfairly during the process of taking their end-of-term fitness test for Mr. Eller. STUDENT #13 reports being made to take the entire test in a day, when others were given several days to complete it. STUDENTS #1 and 6 report not being called to perform portions of their test with the rest of the class.

**This was verified by STUDENT #12. She stated that when she asked Afr. Eller if she should call their names (STUDENT #1 and STUDENT 46), he responded, "No - it doesn't matter. " She further verified that when STUDENT #6 was completing the push-up portion of the test, Mr. Eller refused to countfor her, and then refused to answer her three times when she asked how many she had done. In addition to this witness, three others also verified these incidents. (STUDENTS #12, 17, and 19) See Appendix C.

** This is also verified in on page 3 of Mr. Eller's written statement, (App. A) where he notes that in response to the student asking him if she was going to "get to make up her fitness test because she had not even dressed out, I replied, 'you never know. "'

-- December, 2007 - STUDENTS #1 and 6 also report being ignored by Mr. Eller during a period of several days at the end of the term. In Ms. McCormick's notes from parent conference on 12/14/07, it is stated:

** "We discuss thefact that STUDENT #6sfeelings are hurt because Coach Eller has not been talking to her. Coach Eller apologizes for hurting her feelings.

** During interview with Mr. Eller on 12117107, he stated.- "No, I'm not talking to STUDENT #1 or STUDENT #6 - we discussed that. "

-- December 12, 2007 - In written statement from STUDENT #1 to principal, she noted that she was prepared to dress out and take fitness test, but Mr. Eller would not unlock the locker room for her. She recounted this statement exactly in interview held on 1/7/08. Further, this incident was also witnessed and verified by STUDENT #12.

-- October 31, 2007 - STUDENT #13 reported during 1/7/08 interview that she felt she had been treated unfairly by Mr. Eller on more than one occasion. She specifically mentioned an incident where another student (a basketball player) was repeatedly throwing kickballs at her during the game "Star Wars." He repeatedly struck her, even though she was in an area where she was considered "safe." She asked Mr. Eller to make her stop, and he ignored her. She ultimately lost her temper and cursed at the student who was targeting her. She then walked off the floor and sat next to Mr. Eller. Despite the fact that there was no interaction or conversation with the student at this time, Mr. Eller wrote a referral regarding her inappropriate language - and STUDENT # 1 3 was suspended.

** This incident was witnessed and verified by STUDENT #12 during interview on 1/7/08.

History of Student Reports / Pattem of Teacher Behavior (continued)

Incidents of students reporting inappropriate / derogatory language from Mr. Eller:

-- May 7, 2007 - Written report from STUDENT #20 stating that Mr. Eller had

called him a "little son-of-a-bitch" when bringing him into the office. This statement was verified verbally to Assistant Principal Kim McCormick (KM) by three witness - STUDENTS #21, 22, and the SRO. Upon begin asked to write their statements, STUDENT 422 and the SRO declined to verify their account in writing. STUDENT #21 did verify this statement - verbatim - in writing. Mr. Eller was notified of the accusations via e-mail and was given a chance to respond. His written statement indicates that the student called him an SOB. Neither STUDENT #22 nor the SRO noted this.

** These statements verified through phone interview with KM on 1/1 7108.

-- April 12, 2006 - Report from STUDENT #9 that Mr. Eller called him a "jackass" and a "p----y" during verbal altercation in class. (This incident also noted in Appendix F.) Mr. Eller admits to saying the student was "acting like" a jackass. This is verified in written notes from the Assistant Principal KM on 4/12/06.

** This report was verified through phone interview with student on 1/1 7108. This report was further verified by interview with KM on the same date. Her written statements were also verified through this interview.

Incidents of demeaning behavior towards Special Education students:

-- While interviewing random class members regarding 12/5/07 incident, one student - STUDENT #16 - mentioned witnessing Mr. Eller behaving inappropriately towards CDC students. Specifically, this student reported seeing him "mocking" the students and "Imitating the way they talk."

-- During phone interview with STUDENT #9 on 1/17/08, student stated that he

didn't like "the way he (BE) treated people." When asked to specify, he stated, "The way he treated the CDC people. He acted like he was freaked out and didn't want them near him."

Written Reorimand on file ftom previous Principal, Eddie Gravitte

-- Letter of reprimand written 4/12/06, given and signed 4/18/06. Reprimand was given for insubordinate behavior towards principal. The insubordinate behavior was related to an incident that occurred between STUDENT #9 and Mr. Eller, specifically regarding the student's cell phone.

-- STUDENT #9 reported to Mr. Gravitte (ELG) that Mr. Eller had gotten into his backpack and taken his cell phone, ELG and the student approached Mr. Eller while on bus duty and asked for the phone, at which time he said he didn't have it. STUDENT #9 borrowed another student's phone and stood outside of Mr. Eller's locked office while calling the number. He could hear his phone (which was set on "vibrate") buzzing within the office. He went to ELG to tell him, at which time the principal escorted STUDENT #9 back to the locked office and called the number himself. He verified that the phone was, in fact, in Mr. Eller's locked office. He called Mr. Eller and had him return to school to retrieve and return the phone, Above verified by student interview on 1/17/08.

Other student / guardian reports, previously unaddressed

-- April 18, 2007 - Office referral on STUDENT #14 notes a refusal to take off her hooded sweatshirt and then vulgar language towards teacher when asked to leave class. During interview on 1/8/08, student admitted to having on hood and to using vulgar language, but STUDENT #14 also notes "...he cussed right back at me. We was going at it like we were two adults -,Jike I was grown." She further alleges that he made her leave his class after a two-day suspension for the above incident though she had done nothing wrong. She also stated the following: "I have class with him again this semester and I want out. That's not going to work."

-- October 29, 2007 - Office referral on STUDENT #15 due to leaving class without pen-nission and vulgar language towards teacher. During an interview with STUDENT # 15 on 12/17/07, he stated that these problems with Mr. Eller began "a couple years ago." He further stated that he has heard Mr. Eller use the "n-word," and that a basketball player (unnamed) commented, "He says that all the time." This player would not verify this when asked by administration. STUDENT #1 5 stated that Mr. Eller often called him "boy," and that once when he called Mr. Eller "boy" in return, the teacher responded, "Boy, I'll show what a boy is... meet me after school." STUDENT #15 stated that he was removed from the class and no longer has trouble with Mr. Eller.

** On an office referral regarding the same student in 2005 (12115105), Afr. Eller noted STUDENT 415's race as "N. " There is a letterfrom K. McCormick in the file requestin' a conference in order to discuss this issue - no response onfile.