Editor's note:
This story was updated from the original published version.
A memo from law firm Bricker Graydon, reviewed by Signal Akron, outlines three options to members of the Akron school board about its possible next steps related to the further employment of Superintendent Michael Robinson.
None of the suggestions include retaining the embattled administrator, who was placed on paid administrative leave Tuesday.
“We believe Dr. Robinson will not be able to continue in his position given the conclusions in the fact-finding report,” the memo states.
The investigative report, compiled by Brennan Manna Diamond, corroborated longstanding allegations that Robinson created a hostile work environment by bullying, threatening, harassing and intimidating employees. It also found that he spoke disparagingly about students across the district and made a thinly veiled threat against a board member’s children.
That report preceded the memo compiled by Bricker Graydon, at the board’s request, to provide guidance as they responded to the investigation.
The options in the memo include: termination, resignation with no separation agreement or a separation agreement with a payout. Each option is broken down, with the pros and cons of each explained.
Robinson is serving under a five-year contract that expires July 31, 2028. The board is obligated to pay that contract unless Robinson resigns or is terminated for “good and just cause.” Robinson’s contract is worth $240,000 annually.
What process is the board required to follow to terminate Robinson outright?
The first, and most complicated, option the memo lays out is the termination of Robinson’s contract. While this would oust the superintendent without a severance package, it’s still likely to cost the district between $60,000 and $85,000, according to the document.
So what would a termination look like? State law and the internal memo provide a framework for the process and ensure Robinson would receive due process.
Among other steps the memo lays out,
Robinson has the right to request a hearing before a referee appointed by the Ohio Department of Education. The board is required to pay for the referee, as well as for a complete stenographic record of the proceedings that it must furnish to Robinson.
Robinson and the board may be represented by legal counsel at the hearing, and each party is allowed to require witnesses to give testimony under oath. Witnesses may be cross examined.
The termination hearings allow for subpoenas, to be issued by the board treasurer, with the board carrying the burden of proving that “good and just cause” exists for termination.
“The standard of proof which must be satisfied by the Board in order to justify the termination of Dr. Robinson contract is a ‘preponderance of substantial reliable and probative evidence,’” the memo states, citing a 1980 court case called Weinstein v. Canton City School District Board of Education.
The referee is required to file a written report within 10 days after the hearing is completed.
The board, by a majority vote, can then accept or reject the referee’s recommendation on termination. The board must weigh the report and give it “due deference,” Generally, the memo states, the board must accept findings of fact but may accept or reject the referee’s opinions on whether there’s good and just cause to terminate the contract.
If the board rejects the recommendation, it must explain why in order for a reviewing court to decide if the rejection is improper.
“We note this standard,” the memo states, “because no termination hearing is a slam dunk. Although the evidence supporting termination against Dr. Robinson is strong, it is possible a referee views the evidence differently creating some risk for the Board. If a referee were to side with Dr. Robinson, he would be entitled to reinstatement and all back pay from the time he is suspended.”
The memo estimates that fees and court costs accompanying the hearing process would likely cost between $65,000 and $80,000, including a possible appeal hearing in the Summit County Court of Common Pleas. An appeal of that decision would mean additional costs.
Can Robinson simply resign?
The memo also lays out the option that Robinson could resign in lieu of termination, which would likely be the most cost-effective option but is also the least likely.
The resignation option could include an additional payment but no separation agreement.
“While this direction provides the Board with an immediate result and no large financial outlay,” the document states, “there is an unknown on whether Dr. Robinson would bring an action against the Board regarding his employment.”
What about a separation agreement?
The board and Robinson could also reach a separation agreement, where the board authorizes a payment to avoid a contested termination.
The benefits of this option, in addition to ending Robinson’s employment, would be that the board would be released from potential claims as well as avoid the time and expense of a termination hearing. It would also allow the board to avoid putting witnesses on the stand during a termination hearing.
The drawbacks include the potential cost, the memo states, along with the public scrutiny of paying someone accused of misconduct in order to sever their employment.
“We understand that this option may not be popular for the Board given the allegations, but there are cost, time, and resources factors to consider including the potential distraction of [a] termination hearing, which would likely prevent the District from moving on from Dr. Robinson for the foreseeable future.”
News articles show that Robinson took a $50,000 buyout when he resigned in 2018 with a year left on his superintendent contract in Pine Bluff, Arkansas. The board there voted not to renew his contract, at which point they negotiated a buyout.
