Black People at Emery: Nameless and Not Heard

School Board to Black Teachers:

'We Are Not Listening to You'

Board President
Donn Merriam
'The minutes will not be
made to reflect what
the teachers said.'

News Analysis
Despite Emery teacher's charges directed towards the Superintendent of the Schools, outlining his bullying and racist practices, made at a now infamous June 15th School Board meeting, the Board gave a big thumbs up to embattled Superintendent John Rubio last week when they voted their approval of a scrubbing of the public record; erasing the teacher’s public testimonies in the official minutes.  The teacher’s testimonies condemned a top down racist culture that has risen up at Emery Unified School District and a Superintendent that ignores or subverts the concerns of African American educators at the district.  The official minutes of that meeting, written by Mr Rubio himself and now approved by the the School Board (4-1 Member Barbara Inch dissenting), play down the teacher’s concerns and expunge even any mention of the Superintendent and his central role in the existential dysfunction at the District the teachers testified against.  

The minutes approved by the Board at the follow on June 28th meeting, give ample space for two other (white) speakers at the June 15th meeting who came to praise the District, respectfully providing their names for the record but the black teachers (and their white colleagues) got short shrift, their concerns ignored, their names not even mentioned.  The Board majority approved minutes, by proving the teacher’s claims in its naked ablution, brazenly affirm and help support the racist culture at Emery Unified.  

Board Member Cruz Vargas
'The Board is fine with ignoring
black teachers.'

Some of these black teachers have worked at Emery for years and now, as they quit because of the venality of this Superintendent, the Board disrespectfully ignores their specific concerns, leaving no record of their professional accounting.  These honorable District employees were not even given time to properly say their piece; they were only given the same three minutes to address the Board given to the general public.   

Board Member Bailey Langner, an attorney, said it best among her colleagues at the June 28th meeting; the minutes cannot be used to accurately record any of what the teachers said or even to casually mention that they are dissatisfied with the job done by the Superintendent because according to Ms Langner, “Minutes are not meant to be verbatim.”  We’ll leave it to an authoritarian minded attorney to use a straw man fallacy like that.
Even African American Board member Brynnda Collins, who upon hearing the teacher's testimonies said the "time for action" is upon us June 15th, bizarrely voted with her three colleagues June 28th to approve Superintendent Rubio's minutes to take away from what the teachers had said. 

Presciently and informatively, one of Mr Rubio's first acts as Superintendent almost three years ago was to amend Emery's official Mission Statement.  References to ending racist (and classist) policies, central in the former mission statement were expunged by Mr Rubio with the Board's approval.  At the time it didn't seem ominous to most. 

Board Member
Brynnda Collins
"Now is the time for action"...
and then she voted to approve
the minutes.

There’s a silver lining that’s been revealed by the Board refusing to adjust the minutes of the June 15th meeting to reflect the truth if not to respect the teachers; the good news is the real agenda of the School Board is now irrefutable.  The easiest thing in the world to do would have been for the School Board to adjust these white washed minutes.  It’s actually required by law but here at Emery it seems what matters more is for this Board to support the Superintendent, apparently no matter what; even to lower themselves into this degraded racist culture the teachers alerted us to. Not this Superintendent’s deplorable teacher retention record, the worst in the Bay Area, not even his failure to follow the Mandated Reporter law leaving would be sexually assaulted children and their parents disbelieved at Emery can sway this Board as they go about their prime directive: protecting the Superintendent.

Board Member
Bailey Langner
'Sorry teachers, minutes cannot 
be made to reflect reality.
Not when we have our own
narrative to push.'

The Board’s vote June 28th to disregard the teachers, especially the black teachers at Emery serves now to focus all teachers, parents, and regular citizens to the importance that elected officials not act as renegades but instead to reflect a community's values (appointed Board members Langner and Collins were not elected by the people).  Emeryville is not racist and we won't countenance racist institutions paid to speak and act for us. A correction in the form of a plebiscite will likely be due Emery coming soon to a voting booth near all of us. 

Correction: Board member Collins was appointed to her Board position along with Member Langner.  The story has been changed to reflect that.  Thanks to the commenter who brought it to our attention.

Dr John Rubio Failed to Report Allegations of Sexual Assault at Emery Schools

Superintendent: Children Lied, 'Mandated Reporter' Law Not Applicable

Emeryville Police are investigating two alleged sexual assaults at the K-12 campus of the Emeryville Center of Community Life, expressing concern that the School District failed to report either incident, a possible violation of California law.

Emeryville Police Chief Jennifer Tejada described the recent allegations involving students at the school as potentially "serious crimes" and has notified the Alameda County District Attorney of both cases.  She said her department is also conducting its own investigation.

John Rubio
Emery Schools Superintendent
The children are lying he says.  It's
better to error on the side of
NOT calling the police.

School Superintendent John Rubio, meanwhile, said he didn't make a report because he believed the students were lying and that no assaults occurred.  Speaking through the School District's attorney, Rubio said he came to this conclusion based on his "professional experience."  He said because he believed the allegations to be false, he was not bound by the state's mandated reporting law. 

California AB 1432 sometimes called the mandated reporter law, requires professionals who work with children, including teachers, school administrators, psychologists and others to notify police or child protective services when they receive a report of alleged abuse.  The law states that “No proof of abuse or neglect is needed, only ‘reasonable suspicion’ that child abuse or neglect may have occurred.” 

Mr. Rubio argues that that "reasonable suspicion" did not exist in either of the two incidences the students reported at the school.

Police have disclosed little information about the incidents, which came to light after a parent of one of the alleged victims went to the police and filed a report.  According to the police crime report, the incidents occurred on April 28 and May 1 and involved allegations of “lewd or lascivious” acts at the elementary school and “sexual battery” at the high school.  While all K-12 students share a campus at the Emeryville Center of Community Life, the elementary and high school are housed in separate buildings.

Police Chief Jennifer Tejada
She thinks there may be something
to the children's allegations and
she is running an EPD investigation.

  

At a May 11th meeting of the Emeryville Public Safety Committee, Chief Tejada expressed concern over the School District's failure to make a report, "My concern is around the lack of reporting for serious crimes" she said, adding, "We came across these crimes not through school personnel, who had previous knowledge of the alleged assaults."  

A mandated reporter who fails to make a required report is guilty of a misdemeanor punishable by up to six months in jail and/or up to a $1,000 fine.  Schools are required under the law to hold annual trainings of all school personnel.  That training is to occur within six weeks of the start of school and/or the first six weeks of employment.  The State has provided a free resource for schools that clearly sets forth all the law's requirements.  

Superintendent Rubio, who said he would answer questions from the Tattler only if they were in writing, did not answer a question of whether the District had met the state's training requirements. 

Chief Tejada said she was working with the School District to get them up to speed on their obligation under the law.  “We are in the process of taking care of the mandated reporter issues at the school,” she said.