Superintendent's Attorney Protests Lack of Due Process and Length of Investigation

The Middletown Eye has received a copy of a letter of complaint from Attorney Philip E. Thompson who is representing Middletown Superintendent of Schools Michael Conner during an investigation into allegations made by district employees.  Below is the text of the letter, which was addressed to the attorney representing the Board of Education:

I wanted to let you know that Dr. Conner is scheduled to talk to the investigators from Thompson Hine next week.  However, Dr. Conner wanted me to express to you and to the Board his disappointment not only in the length of time this investigation has taken, but in the direction the investigation has gone regarding time and lack of due process.  He feels that what was supposed to be an investigation into a handful of anonymous and unsubstantiated claims has morphed into in his words, “a witch hunt.”    

First, we were led to believe that the investigation, at least the investigatory part, was to be completed by the end of December 2021.  Here we are going into March 2022 and the investigators are still interviewing witnesses.  We were also informed that the investigators engaged an open complaint process whereby any past or present school district employees, whether they had an “ax to grind”; were seeking payback for an administrative action; or who might have a long-standing grudge or prejudice, could come forward and make unsubstantiated and uncontested claims without any real evidentiary or due process challenges as to the veracity or accuracy of their statements.   To date we have heard that the investigators have talked to over 70 witnesses.  The investigators also told us that all the people making statements against Dr. Conner would be allowed to remain anonymous and that Dr. Conner and his legal team would not be informed as to the nature and content of those statements.  

Dr. Conner believes this investigation as being conducted is an affront to due process and his contracted employment rights.  The investigators informed me that Dr Conner will not be allowed to even provide witnesses in his own defense.   This along with not knowing the nature and extent of the allegations being made against him has setup a nearly untenable circumstance for Dr. Conner and raises legitimate questions as to whether he will be able to properly defend himself from these allegations.  Based on how we are seeing this investigation being conducted, we believe that instead of investigating the truth, the school system now only seems concerned with protecting its own interest.

I have informed the investigators that although Dr. Conner will attend their interview, he WILL NOT answer any questions that his legal team believes could be the subject of any future civil or criminal proceeding.  In addition, under the terms of Dr. Conner’s Administrative Leave letter, he has been directed,“not to report to work, attend any school functions, or take any action on behalf of the  district. 

In addition, you (Dr.Conner) are specifically prohibited from publicizing or discussing this matter with any parents, students or employees of the district.”  This on its face seems to restrict Dr. Conner’s ability to participate in the investigation. Unless the Board clarifies its order and grants Dr. Conner permission to participate in the investigation consistent with the requirements of his employment contract, Dr. Conner will not participate in the investigation.  

Dr. Conner is extremely concerned with potential future civil and criminal litigation as has been threatened against him by several current and former school employees and public officials in Middletown.  Based on this risk, Dr. Conner’s legal team will take all necessary steps to protect his rights as they relate to due process, fairness, and any possible future legal matters.  It is unfortunate this situation has taken a turn in this direction; however, because Middletown Public Schools has engaged a process designed to protect its own interest; Dr. Conner and his family must do the same.    

 Dr. Conner is still ready to engage in good faith negotiations with the Board to address future legal liability and his employment.  However, he will not agree to a blanket waiver of legal action to protect people who have libeled and slandered him and his family.  Dr. Conner’s record of achievement and the Middletown Public School system’s record of improvements and successes since his tenure speak for themselves.  Dr. Conners believes that the allegations against him are primarily motivated by his race and jealously over his success as the Schools Superintendent.  The truth will eventually come forth and the school system’s desire to beg truth from lies will only bring further financial and academic harm to the school system, the taxpayers, and the students in Middletown.