> This is to certify that I hand-delivered a letter to Mr. Vitalis Lanshima from Dr. Martin A. Pollio. We 10[23/). Signature Date > This is to certify that I received a letter from Dr. Martin A. Pollio. — Atala Ay! 10/23 [ 1 Signature (Mr. Lanshima) Date Please return this form to O’Dell Henderson, Labor Management and Employee Relations, VHC.Jefferzon County Plc Schools ‘Administrative Offices \anbiooee Edueaton Conter PO. Box 34020 Louise, Kentucky 40232-4020 (502) 485-3011 October 24, 2017 VIA CERTIFIED MAIL—HAND DELIVERED AND REGULAR MAIL Vitalis Lanshima 4456 S. 6% Street Louisville, KY 40214 Dear Mr. Lanshima: This letter shall serve as notification of the termination of your employment contract as a teacher with the Jefferson County Public Schools ("JCPS”) on the basis of insubordination, conduct unbecoming of a teacher, inefficiency, incompetency, and neglect of duty as provided in Kentucky Revised Statutes 161.790 (a), (b), and (4). Pursuant to KRS 161.790(8), you are immediately suspended without pay pending final action to terminate your employment contract. A copy of KRS 161.790 is attached and incorporated herein as Exhibit A [As required by KRS 161.790, the following information is provided to you in support of the charges: On December 4, 2014, a conference was held to discuss an IEP meeting concerning an LBD student that was scheduled for November 24, 2014. ‘According to the Form E-2, one hour prior to the IEP meeting the FBA and BIP had not yet been updated. You were asked to complete and update the paperwork. According to the Form E-2, during the meeting you were again asked if the BIP and FBA were completed, and the committee chair and district resource teacher confirmed that the paperwork was outdated. The meeting was interrupted to discuss the needed changes. The Form E-2 states that the district resource teacher sat with you during and after the meeting while you updated the information, According to the Form E-2, the revisions were supposed to be completed on November 14, 2014. You were informed that all ECE paperwork was to be prepared prior to meetings and shared with the counselor one day prior to the official meeting date. You were also informed that you were to send meeting invitations in a timely manner. nmaterson byechooeatVitalis Lanshima October 24,2017 Page 3 Middle Schoo! pending final personnel decisions. You were not to have contact or communicate with faculty, staff, parents of students, or students or be on the campus of Ramsey Middle School. Effective September 19, 2017, you were to report to Lees Lane Bus Compound for temporary, interim assignments. A copy of the September 15, 2017 letter is attached and incorporated herein as Exhibit F. 5. A Due Process meeting was conducted on September 18, 2017 and attended by you and your JCTA representative to discuss allegations of you wrestling with a student in class, overturning a chair/desk as a form of intimidation, and threating to withhold lunch from students. Based on your explanation of events, your supervisor found your actions to be contrary to the appropriate behavior expected to be modeled by staff and informed you that intimidating behavior is never acceptable. Your supervisor also explained that it is never acceptable to withhold lunch or threaten to withhold lunch and that other strategies needed to be used to motivate students to finish their work or not sleep in class. Finally, your supervisor explained that wrestling with students is never acceptable, regardless of whether both you and the student are playing around, as such behavior puts both you and the student in a physically dangerous situation. You were informed that teachers at Ramsey Middle School are expected “to demonstrate professionalism at all times” and that your actions were in violation of Board policy and the Professional Code of Ethics for Kentucky School Certified Personnel. Your supervisor recommended you be terminated for your actions and I agree with your supervisor. A copy of the September 18, 2017 Form E-2 is attached and incorporated herein as Board policy 03.17 states, in pertinent part, as follows: The termination of certified employment contracts shall be governed by the provisions of KRS 161.790. A certified employee may be terminated for the following reasons: 1. Insubordination...; 2. «conduct unbecoming of a teacher ...; 4, Inefficiency, incompetency, or neglect of duty.Vitalis Lanshima October 24, 2017 Page 5 Ifyou decide to go before the tribunal, I suggest that you retain legal counsel. The hearing will be public or private at your discretion. At the hearing, a hearing officer shall preside with authority to rule on procedural matters, but the tribunal shall be the ultimate trier of fact. Upon hearing both sides of the case, the tribunal may by a majority vote render its decision or may defer its action for not more than five (5) days. set {00 Martin A, Pollio, Ei Acting Superintendent Jefferson County Public Schools Enclosures cc: Stephen L. Pruitt, Ph.D,, Commissioner (w/encl.) 616792481161.190 Termination of contract by board ~- Administrative hearing tribunal — ‘Sanctions, (1) The contract of a teacher shall remain in foree during good behavior and efficient and competent service by the teacher and shall not be terminated except for any of the following cause (@_Insubordination, including but not limited to violation of the school laws of the state or administrative regulations adopted by the Kentucky Board of Education, the Education Professional Standards Board, or lawful rules and regulations established by the locel board of education for the operation of schools, or refusal to recognize or obey the authority of the superintendent, Principl, or any other supervisory personnel of the board fn the performance of their daties; (b) Immoral charactor or conduct unbecoming a teacher; (©) Physical or mental disability; oF (6) Inoficienay, incompatency, or neglect of duty, when a written statement identifying the problems or difficulties has been fumished the teacher or teachers involved. (@) Charges under subsections (1)(a) and (1){d) of this section shall be supported by & ‘written record of teacher performance by the superintendent, principal, or other supervisory personnel of the disrot, except when the charges are brought as a result ‘of a recommendation made under KRS 158.6455. @ No contract shall be terminated except upon notification of the board by the superintendent, Prior to notification ofthe boar, the superintendent shall furnish the teacher with a written statement specifying in detail the charge agsinst the teacher. The teacher may within ten (10) days after recelving the charge notify the ‘commissioner of education and the superintendent of his fatention to answer the charge, and upon fulure of the teacher to give notice within ten (10) days, the dismissal shal be final, (4) Except as provided in KRS 163.032, upon receiving the teacher's notice of his intention to answer the charge, the commissioner of education shall appoint a three G) member tribunal, consisting of one (1) teacher, who may be retired, one (1) ‘administrator, who may be retired, and one (1) lay person, none of whom reside in the district, to condict an administrative hearing in seoordance with KRS Chapter 13B within the district, Priority for selection as a tribunal member shall be fom a pool of potential tribunal members who have been designated and trained to serve tas tribunal members on a regular and ongoing basis, pursuant to administrative regulations promulgated by the Kentucky Board of Education, Funds appropriated to the Department of Education for professional development may be used to provide trbunal member training. The commissioner of education shall name the Chairmen end set the date and time for the hearing, The hearing shall begin no later ‘than forty-five (45) days after the teacher files the notice of intent to answer the charge. (5) A hearing officer shall have final authority to rule on dispositive prehearingEXHIBIT BEXHIBIT Creceiving their service winstes vhich Le a federal goideling. 1 eceiving theis oer ieee nrsanged hie sonedale £0 aoceanodat sii Shoaene'e rave. guudent’s TEtE. gs that the Education Professions) oa cane eee es professional coun of othica, The Seandards, Bosse ye dea tor Kentucky Coxeisced Sohool Eeotenohons) Code oe neta ir020, esvebiionon the sthicel Rezsgnels Cod fied Uy certified school personnel and seer tor saree efon of the code may be grounds for 22a a eno oe enauoky eounter/adminiotvator Eerocntdon oF auspenese" att make Yoomonabie effort to certification, Towchere {Moreacion which abould be revealed $a communicate £0 Parone aden. Failure to adhere to these She Sree So me aaa could dead to farther dlaciplinesy tna Betton. Lanshima rePus ' end as SAS 4 Painck SNe Opud Pawnee seg ————- oe istetnutton: Dieeiphinary (check onm)s X_ (nev. 19 (Poesonne) File) __ ¥o ‘xparvisor Eploves 32/2083) Fone 2-2 ea tus WWHDEOL 9100 “619Adin Office —_. 70 bor 00 te Key 0812400 (san es-s01 Fo com ass JUNE 3, 2016 VITALIS LANSHIMA 10722 VINE HILL OR LOUISVILLE KY 40290 DEAR MR, LANSHIMA: “The payroll record indicate that you ware docked on 06/17/18, Therefore, your absence is unapproved at this tme. In order to make a determination for an approved leave, you must provise decumentation for your absence to the Leave Center. However, f you have been docked for four or more days, you may be eligible for benefts under the Family and Medical Leave Act (FMLA). The FMLA calendar type used is a“oling” 12 month period ‘measured backwards from the date an employee first takes FMLA leave. In order to apply for FMLA, you ‘must provide the criginal Certifeation of Heath Care Provider form tothe Leave Center. Ifyou absence was net associated with an approved leave, you may be charged wit job abandonment, \whien may sui in termination from employment. Jefferson County Board of Education poy 03.128 states: “An absence from duty not associated wih an approved leave shall be treated 28 joD ‘abandonment regardless of Intent to return fo Work and may resut in termination." ‘You have 10 calendar days to provide appropriate documentation for your absence, Plsase give this your Immediate attention, You may fax documentation to 602-485-8947. ‘Should you have questions or conceme, cell Ron Hogan at 502-488-3612, Sincerely, Ton tna ‘Toni Kelman Loave Administrator TK PrincipalSuperisor Personnel Fle Employee Relations eee etePERSONNEL 03.123 = CERTIFIED PERSONNEL ‘Leaves and Absences ‘The Superintendent shall establish procedures for granting leaves of absence authorized by law/Board policy. APPROVAL, ‘Authorization of leave and time taken off from one’s job shall be in accordance with spectfio Teave poly. An absence from duty not associated with an approved leavo shall be tested as job abandonment regardless of intent to return to work and may result in termination, Notification of return Employees on leave covered by the related polfoes listed below shall notify the ‘Superintondentesignee in writing by April 1 ofthe year the leve terminates ofthe date ofthe ent fo return to the District, Employees who fil to notify the Superintendent/designee of thet retumm by April { cannot be guaranteed employment for the following school year, fan employee on leave has tot contated the Superintendent /designee by April 1, the Superintendent {s authorized to fill the postion forthe following schoo! year, Where an employee in the final year of leave fails to contact the Superintendent/designee by April 1, to either request an ‘Satension of leave or to provide a date of return, the Superintendent may determine whether personnel action is required, Leave Following Assault “The Distvit shall provide leave with pay for employees assaulted while performing thelt assigned duties when the assault results in injuries that qualify the employee for workers’ compensation benefits, The period of leave shall not exceed one (1) calendar year fol assault, During that period, the employee shall not experience loss of income or benefits, including sick feave, under terms and conditions set forth in KRS 161.155, Placement Upon Return ‘Employees teking any long term leave will be entitled on return to a comparable position for ‘which they are qualified, Placement inthe same position o the same school eannot be guaranteed. FMLA Eligible employees may apply for leave under the provisions of the Family and Medioel Leave Act of 1993. REFERENCES: KRS 161.155: KRS 161,770 QAGOL9 Family and Medical Leave Act of 1993 RELATED PoLicins: 03.1232, 03.12322, 03,1233, 03.1234, 03.1235, 03.124, 03.17 ‘Adopted/Amended: 11/25/2013 Order #: 2013-191 Page 1 of |Jefieron County Put Schools ‘Acminiatrativa Office ‘rere Gascon Coiee PO, eoc'a020 ite, Rent 402324020 (500 48 307 ‘September 15, 2017 Mr..Vitalig A Lanshima 4486 S 6" Street Louisville, KY 40214 Dear Mr. Lanshima: This shall serve to confirm that you are temporarily reassigned'from your duties as an ECE Teacher at Ramsey Middle School pending firal personnel decisions. | You are to have no contact or communication with faculty, staf, parents of students, of students or be on the campus of Ramsey Mitidle School, Effective September 19, 2017, you are to report to Sharon Etheridge, Coordinator Lees Lane Bus Compound, for temporary, interim assignments. Lees Lane Compound is located at 3320 Lees Lane, 40216; Thelr phone number is 485-7055, You will be contacted regarding any employment related decisions, ‘Sincerely, Det Henderson Director, Labor Management and Employee Relations. oft ec Personnel File D Farmer R Frantz,CHECK APPROPRI iron FORMATIVE EVALUATION FOR! E-2 PRE-ORSERVATION CONFERENCE __ P0S7-OBSERVATION CONFEREN oct 19 20179'9:56 __X__ otHER EVALUATION CONFERENCE JBEFERSON COUNTY PUBLIC SCHOOLS PERFORMANCE EVALUNTZON OBSERVATION/CONPERENCE sUMHA NAME: Vitalie Lanshina SCROOL/ZOCATTON: Rameoy Middle school/219 rot 626738 JOR ASSIGINENT: Teacher DATE OF OBSERVATION(S) = DATE OF CONFERENCE: _9/18/2027 A conference was héld to discuss Job performance expectations and/or Boscrvation|a} of job porfornance. The expectations end/or the observation(s) snd the conference are summarized below: on Soptember 18, 2017 @ meeting was held with Mr. Vitalis Lanshima, Ths mecting served as e due process acti for items brought forwerd By Une principal. Chandra Hornback, his ICTA rep, Was present. | celled for the meeting to bring forth to Mr. Lanshima that | was concerned about some things thet had been sees ime. T needed to hear trom him and (9 respond to the concems about him end his classroom. The ‘Slegotione wore serous enough that we had to hold this meeting. They are 0s follows: 4. Wresting with a student in class (9/8/2017) 2. Overturning @ chalridesk as a form of intimicaton (8/20/2017) 8. Threat of winholding lunch from students (8/25/2017) | ist asked him to explain the allegation of withholding Iunch. It was reparted to me that he threatened to withhold ‘Students lunches unt they got their work completed. | asked him a couple of things. | stated that during open Pause a parent asked him wny wae his son nct elven lunch, Also, id he withhold lunch unt they fished their work? Me. Lanshima stated that he never withheld unch from any students, What was said during open house was thatthe parent asked why his son was in lunch detention? And why did he not gett eatin the lunchroom. vietetudents wore to neve lurch inthe toom, The student in quaston ae lunch in the cafeteria alone and ‘eventually eame upto the classroom fo eat with the rest ofthe clas, He steted that what was overheard was nat accurate, Mr. Lanshima stated that his lnchtime.hadl bean) moved. He. Biggs moved to 12:00pm. He also stated thet one time he went down te cafetera was closed. | ‘Bainted that wes tate for a lunchtime and wondered why that ime was given to him. | then asked him to explain the alegation of why there was a report about Ripping a desk infront of a student. Mr. Lnghne stated that ne had been Raving rouble with this student. Sometimes he has to have conversations with tRigents ond get is point across. This partoulr ime he warted to expan what his behavior should not be. He Sod that wrien some students are having trouble they cuss, fp furniture and such. When he dd ths (fp the Ra] he osked the student if this what he wanted fo do. He admited to having to discuss in conversation on ‘what not todo. | then asked hi to explain the allegation of wresting witha student. He stated thet he did not wrestle with the ogect He was playing efound wih him. Ithen asked how this came about, He said the student iste theLee Poleced! firm _ eel? mov, 12/2021) FoR 8-2PERSONNEL 03.7 = CERTIFIED PERSONNEL - Discipline/Nonrenewal/Resignation by Emplovee "TERMINATION AND NONRENEWAL ‘The Superintendent shall exercise hishher power and authority to terminate or non-renew any ‘employment contract in accordance with the limits set by law, The Principalimmediate supervisor shall provide the Superintendent with notice of recommended nonrenowals by March 15. Non-fenewal of limited contracts of certified personne! shall be made no later than May 15, in compliance with the requirements of KRS 161.750, The Superintendent shall, a the fist meeting following the actions, notify the Board of terminations or non-renewals. Such notification shall be recorded in the Board minutes. No personnel action shall be effective prior to receipt of written notice of the action by the affected employee from the Superintendent. ‘The termination of certified employment contracts shall be governed by the provisions of KRS 61.790, A certified employee may be terminated for the following reasons: 1, Insubordination; 2. Immoral character of conduct unbecoming a teacher which may include being convicted of or entering an “Alford” ploa, a guilty plea, or plea of nolo contendere to crimes Juding, but not limited to sexual misconduct, drugs, alcohol, violent crime, ilogel transaction with a minor or any felony offense; 3, Physical or mental disability; or 4, Inefficiency, incompetency, or neglect of duty. Prior to notification of the Board, the Superintendent shall furnish the teacher with a writen statement specifying in detail the charge against the teacher." ‘The Superintendent shall develop procedures to afford employees due process as required by lew. Other Disciplinary Action ‘The Superintendent may suspend a certified employee without pay. Such suspension shall not be effective prior to receipt of written notice of the action by the employee from the Superintendent. ‘At the first meeting following the action, the Superintendent shall notify the Board of the aetion taken? An employee may also be issued a public ot private reprimand, RESIGNATION In compliance with KRS 161.780, the Superintendent may accept resignations submitted to the District by its employees, This aotion by the Superintendent shall be subject only to notification of the Board. Cope oF Ernics ‘The Professional Code of Ethics for Kentucky School Certified Personnel provides thet: Seotion 1, Certified personne! inthe Commonwealth: 1. Shall strive toward excellence, recognize the Importance of the pursuit of trth, nurture democratic citizenship, and safeguard the freedom to lear and to teach; 2, Shall believe in the worth and dignity of each human being and in educational ‘opportunities for al; Page | of 3PERSONNEL 03.17 = CERTIFIED PERSONNEL - (Conmvuep) ‘Cope oF Emics (CovrmuzD) (€)To the education profession: 1. Shall exemplify behaviors which maintain the dignity and integrity ofthe profession; 2, Shall accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities, 3, Shall keep in confidence information acquired about colleagues in the course of ‘employment, unless diselosure serves professional purposes or is required by law; 4. Shall not use coereive means or give special treatment in order to influence professional decisions; 5. Shall apply for, accept, offer, or assign a position or responsibility only on the basis of professional preparation and legal qualifications; and 6, ‘Shall not knowingly falsify or misrepresent records of fucts relating to the educator's own 4ualifications or those of other professionals. ‘Section 2, Violation of this administrative regulation may result in cause to initiate proceedings for revoeation or suspension of Kentucky certification as provided in KRS 161.120 and 704 KAR 20:585.? ‘Employees who violate provisions ofthe Professional Code of Ethics for Kentucky Schoo! Certified Personnel may be subject to disciplinary action, up to and including termination, Reports to EPSB. ‘The Superintendent shall comply with the reporting requirements of KRS 161.120. REFERENCES: $KRS 161.790 ‘RS 160;390 S16 KAR 1:020 KRS 161.120; KRS 161,750; KRS 161,780 Consolidated Omnibus Budget Reconeiliation Act TOLKAR.005:090 QAG 83-362; OAG 92-135 RELATED POLICY: 03.172 ‘Adopted/Amended: 08/11/2014 ‘ Order #: 2014-125 Page 3 of3Peer ecu Pen Ea renee