Hearing set in million dollar sexual harassment lawsuit against Joplin R-8 School District

A 3 p.m. April 3 pre-trial conference has been scheduled in Jasper County Circuit Court for one of the last lawsuits of the C. J. Huff era at the Joplin R-8 School District.

The million dollar lawsuit, which was filed February 10, 2015, claims Kathy Dukes reported to former human resources director Tina Smith (pictured) that her supervisor, Herbie Coleman Jr., was sexually harassing and stalking her.

Six days later, Smith placed the alleged victim Dukes on paid administrative leave.

A month later, despite a notice that said Dukes' complaint had been confirmed, Smith pressured Dukes into quitting, holding the threat of a bad job reference over her head, according to the lawsuit.


Smith and Huff signed a document in which Dukes swore not to sue for sexual harassment in return for a "neutral job reference" and four weeks of severance pay.

Dukes claimed that her supervisor, Herbie Coleman, had been harassing and stalking her and had gone as far as "harassing her present boyfriend by sending him letters with false negative information about the plaintiff in an effort to break up the relationship between the plaintiff and her present boyfriend."

After a fellow employee told her she should talk to someone about the harassment, Dukes scheduled an appointment with Smith on December 13, 2013.

During that interview, Dukes told her story and played recordings of the harassing calls from Coleman, according to the petition. Smith said she would begin an investigation.

Six days later, Dukes was placed on administrative leave for allegations of misconduct.

On Monday, January 13, 2014, during what is described as an "uncomfortable meeting" between Smith and Dukes, "Ms. Smith, by way of pressure and coercion, talked Ms. Dukes into signing a mutual separation agreement and release."

During the meeting, Smith asked Dukes if she had looked for work and "don't you think it would be best if you found another place to work," adding "no one wants to work with you any more."


Smith also gave Dukes a letter in which she said her investigation indicated Coleman had violated board policy. "An investigation of the grievance has been completed and the district finds adequate substantiation exists to support an infraction of board policy.

"At Joplin Schools, we are committed to providing a learning and working environment that is free from harassment and discrimination. All participants in the educational process are expected to follow policies and administrative procedures of the district. Subsequently, the district has responded with the appropriate actionable measures."

Dukes signed the "mutual separation agreement" in which she "hereby releases and forever discharges the Joplin Schools Board of Education, its employees, its affiliates and subsidiaries, together with their respective directors, officers, agents, employees, and board of director, from any and all claims or other causes of action she may have against them relating to or arising out of Doris Kathrine Dukes' employment with Schol, including, but not limited to any claim of sexual harassment, or hostile work environment, or retaliation related to filing sexual harassment complaints, or any other cause of action related to her employment or her separation of employment, Missouri Statutes or Federal Constitution.

"The Joplin Schools hereby agrees to accept her resignation and will provide a neutral letter of reference consistent with policy. As and for additional consideration, the Joplin Schools shall pay the amount of $2,820.80 representing four weeks' pay less all required withholdings.


"As and for additional consideration herein, Doris Kathrine Dukes, hereby voluntarily resigns from her employment with the Joplin Schools, effective this date, January 14, 2014."

In the district's response to the lawsuit, lawyer Karl Blanchard asked that the lawsuit be dismissed because it "fails to state a cause of action" on which either relief or punitive damages can be awarded.

The district's documents also included a statement from Tina Smith saying she had received a grievance saying that Dukes herself had been guilty of sexual harassment.

The failure of American teachers

Seven years ago, I wrote the first of more than 100 blogs on education for the Huffington Post. As I came across this again this morning, I realized that little had changed since I wrote it except that things have grown even worse.

Inept politicians on the national and state levels, combined with Betsy DeVos, whose title should be Secretary Who Needs An Education, have continued to keep education in American public schools in a precarious situation.

This essay and many of others I have written about education, as well as stories from my days as a teacher, a student and an education reporter, can be found in my books Let Teachers Teach and Classroom Confidential.

From March 2011:

For a long time, I tried to fight it.

Whenever someone had the temerity to criticize public schools and schoolteachers, I stood staunchly in the corner of those who practice my profession. I noted that in my 12 years as a teacher, I have had the privilege of serving with hard-working, skilled professionals.

Prior to becoming a teacher, I spent the previous 22 years as a newspaper reporter and had the opportunity to observe dozens of schools doing outstanding jobs of serving their communities.

Sadly, I have finally had my blinders removed and I no longer have the same glowing view of public education.

It has nothing to do with test scores, considering most of the schools are taking poorly-worded tests from companies that are making a mint off selling tests and practice tests. After all, if the tests are any good, there would be no need for these practice tests, which have turned out to be a lucrative sideline for the companies.

It has nothing to do with lazy, incompetent teachers who received tenure and cannot be fired. On the contrary, that is a phenomenon of some large, suburban schools whose failures are then exploited by those who wish to see public education destroyed. From what I have seen over the years, many young teachers who are not cut out for teaching quickly discover that and move to other work. Others are encouraged by administrators to leave education, while others are removed before they can do more damage. Few incompetents receive tenure in Missouri and most of those are as a result of administrators not doing their jobs.

It has nothing to do with the stories about teachers misusing their positions of trust to take advantage of students. Some critics have targeted teachers because of these few who have brought shame on all of us. The reason those instances are so well publicized is because they are still thankfully rare.
It has nothing to do with out of control unions who care about teachers more than children. It has not been my experience that union members put anyone ahead of children.

It has nothing to do with teachers working 8 to 3 and getting three months off in the summer and Christmas breaks. I don't know many teachers who don't take their work home with them and most arrive well before first bell and work long after children have gone home. Summers are spent either teaching summer school or taking classes and attending seminars to keep up with the latest developments or to earn higher degrees. 

Of course, those higher degrees and the debt the teachers have run up earning them will be wasted once laws are passed, including one scheduled to be voted on this week in Missouri that will eliminate years of valuable experience and advanced degrees in favor of a system that relies on the same poorly written tests I mentioned before. Poverty, parents who don't care, children with no interest in learning (or allowing others to learn) -- none of those things mean anything. After all, if you believe the rhetoric from our politicians, the sole problem in American public education is horrible, inept teachers.

And that brings me to the sole reason I have changed my mind about the competence of American public schoolteachers -- if we were doing our job, somewhere along the line we would have taught the politicians who are systematically destroying public education, the greatest of all American experiments, something about decency, respect, and developing the mortal fortitude to resist the siren song of the special interests who are well on their way to making the U. S. into a world of haves and have-nots, where public education will serve to provide low paid feeder stock for non-union companies and taxpayer-financed private schools will continue to cater to the elite, with the middle class existing only in history books.

Public schoolteachers have failed miserably by producing the most incompetent, mean-spirited legislators in U.S. history.

Greitens: Investigation shows fraud in Blind Pension system, including drunk drivers who receive money

(From Gov. Eric Greitens)

Today, Governor Eric Greitens announced the results of an investigation into possible fraud in Missouri’s Blind Pension system. The investigation showed that hundreds of people currently claim to be blind, and receive taxpayer-paid benefits for it, while also claiming the ability to drive.

“We’re rooting out waste, fraud, and abuse in our government to guard taxpayer dollars, and to protect Missouri’s most vulnerable citizens. Our team found people in Missouri who were taking money from the taxpayers because they claim to be blind—all while driving, speeding, and even driving drunk.

That’s right. We did an investigation, and we found that 436 individuals who get a Blind Pension benefit—at least $738 a month of taxpayer money—also have a valid driver’s license. One had a license to drive a commercial truck. One had multiple driving violations and a DWI. One was already under investigation for providing false information for a different program.

People who are abusing this system aren’t just stealing from taxpayers, they’re stealing from the most vulnerable—the people who need those funds. They can’t rip you off on our watch. We’re holding them accountable,” said Governor Greitens

An investigation launched by the Department of Social Services, with the help of the Department of Revenue, found that 436 individuals who received a Blind Pension benefit also had a current or had renewed/obtained their Missouri driver’s license while receiving a blind pension. Each one receives $738 a month, as well as state-funded health insurance. The Department of Social Services, Family Support Division (FSD) decided to investigate after an increasing number of Blind Pension applicants presented a valid Missouri driver’s license. A person has to have better vision to qualify for a driver’s license than to qualify for a Blind Pension. Therefore, FSD questioned why there were so many blind pensioners with a Missouri driver’s license.

At least one hundred individuals are currently under investigation by the DSS Welfare Investigations Unit (WIU), which investigates reports of possible fraud, waste, or abuse of welfare benefits.

According to the Department of Social Services, WIU referrals included:

· A truck driver with a commercial driver’s license;

· An individual with multiple driving violations including DWI, fleeing from multiple speeding tickets; and

· An individual already under WIU investigation who may have also presented false information to support an application for a housing subsidy.

The Blind Pension program is financed entirely by state funds. The program provides assistance for blind persons who do not qualify under the Supplemental Aid to the Blind law and who are not eligible for Supplemental Security Income benefits. Each eligible person receives a monthly cash grant of $738, as well as state funded MO HealthNet coverage.

Billy Long: Protecting farmers from unnecessary regulations

(From Seventh District Congressman Billy Long)

When someone approaches me I never know if they are going to be glad, sad, happy or mad. Last week, a lady approached me in an airport and she was in the happy camp. She wanted to tell me that my staff rarely misses an agriculture meeting in the District and just wanted to thank me for everything we do for farmers. I said I appreciated hearing that and then told her what I tell everyone: I can’t guarantee good results but I can guarantee a good effort on whatever issue we’re working on and farming is no exception.

In 2016, Missouri’s agriculture industry generated $88 billion. With that type of economic engine it’s crucial we ensure this industry has as little red tape as possible. Over the years, the federal government has slapped farmers and ranchers with costly rules and regulations with which they cannot possibly comply. One of those regulations includes the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This costly law was implemented several decades ago to regulate industrial chemical waste. Think disasters like the Love Canal in New York, and the Valley of Drums in Kentucky. Due to Congress’ failure to differentiate between farms and hazardous sites, the CERCLA regulations are now applicable to everyday farm activities.

During President George W. Bush’s administration, the Environmental Protection Agency (EPA) issued a rule that exempted farms from complying with CERCLA. President Obama’s EPA defended this rule for eight years. However, the DC Circuit Court recently overturned the EPA’s rule, paving the way for the regulations to go into effect on May 1, 2018. This May, 200,000 ranchers, livestock farmers and dairy producers in the U.S. would be required to comply with the law and report low-level odor emissions from livestock and poultry manure. Failure to comply with the law would result in potential lawsuits or fines up to $53,907 a day.

Earlier this month, along with my buddy Jim Costa (D-CA), we introduced H.R. 5275, the Agricultural Certainty for Reporting Emissions (ACRE) Act. This bipartisan bill would create a permanent exemption for farms from the CERCLA regulations. Specifically, the ACRE Act would codify the difference between farms and hazardous waste sites as it relates to reporting and cleanup. Without this bill, farmers and ranchers will be subject to excessive paperwork that only hinders their ability to do their job.

This is a bipartisan solution that has support from numerous stakeholders in the industry, such as the Missouri Farm Bureau, which said this bill would provide much-needed certainty for Missouri’s livestock operations. And with Missouri being home to more than 100,000 farms, the ACRE Act would allow these men and women to focus on their farms rather than filling out government forms.

From October 2016: Joplin city employees resent money poured into Joplin Chamber, O'Brian projects

With Wednesday's entry of Joplin Area Chamber of Commerce President Rob O'Brian into the 32nd District State Senate race, it seems an opportune time to revisit an October 2016 Turner Report post.

The post was published during a time when Joplin city positions were being eliminated and employees were facing an increase in their insurance rates and were getting nowhere with city officials, despite those same officials' willingness to spend money in areas that failed to benefit the city.

There is also a growing resentment that the City Council continues to rubber stamp a quarter of a million dollars a year to the Joplin Area Chamber of Commerce for economic development. 

Though the money comes from a different part of the city budget, the big buck giveaway to a private entity with a president, Rob O'Brian, who pulls in a salary of more than $175,000 a year, continues to bother some employees. 

One city employee told the Turner Report the anger over the way money has been spent with city employees being given short shrift has been growing for a long time and has boiled over with the announcement of job cuts and the insurance increase. 

City employees have watched over the past few years as city officials have shown a willingness to throw away millions of dollars in taxpayer money on renovating Joe Becker Stadium in the pursuit of a professional baseball team, and on a shady master developer.

It should be noted that that O'Brian was responsible for serving the pursuit of a professional baseball team, predicated on a faulty study and that shady master developer to the City of Joplin and the taxpayers.

The information on O'Brian's salary I found in a Form 990 filed by the Joplin Area Chamber of Commerce with the Internal Revenue Service from 2015.

The most recent Chamber 990 does not provide O'Brian's salary.

Rob O'Brian files for 32nd District Senate seat

Joplin Area Chamber of Commerce President Rob O'Brian has filed for the 32nd District State Senate seat, currently held by term-limited Ron Richard.

O'Brian will face Rep. Bill White, R-Joplin, in the GOP primary.

Conon Gillis, Joplin, has filed on the Green Party ticket.

No Democrats have filed for the seat.

Hartzler introduces bill enabling departments of Justice, Homeland Security to counter drones

(From Fourth District Congresswoman Vicky Hartzler)

Congresswoman Vicky Hartzler (MO-04) introduced H.R. 5366, the Safeguarding America’s Skies Act, which would allow the Department of Justice and the Department of Homeland Security to detect, track, and engage with drones that pose a security risk to agency facilities and assets.

“Over the last several years, advances in drone technology have provided efficient and effective ways for industries across the board to conduct everyday tasks. However, drone technology is also being exploited to advance crime and threaten our national security. Drones serve as a mode of transportation for illegal drugs crossing the border as well as contraband into prisons. On the other side of the globe, militants of the Islamic State of Iraq and Syria have used weaponized consumer drones to target U.S. and coalition partners. It is only a matter of time before similar acts are executed here at home to target U.S. citizens. The Safeguarding America’s Skies Act will provide our federal law enforcement agencies with the necessary tools to mitigate and prevent drone crimes from occurring.”

Due to constraints imposed by federal law, federal agencies are prohibited from engaging with drones to prevent criminal or accidental incidents from happening. Under Title 18 of the United States Code, it is illegal to willfully damage or destroy an aircraft, and drones are considered “aircraft.” Title 18 also prevents federal agencies from using tailored jamming or protocol manipulation to interdict drones because it is considered intruding on a “protected computer.” The National Defense Authorization Act for Fiscal Years 2017 and 2018 provided the Department of Defense with relief from Title 18 restrictions in order to protect certain military installations and assets. Unfortunately, federal agencies like the Department of Justice and the Department of Homeland Security continue to have their hands tied preventing them from interdicting a drone that poses a reasonable threat, such as those carrying drugs across the border.

The Safeguarding America’s Skies Act will provide Title 18 relief to allow these agencies to use counter drone technology to detect, monitor, and engage with unauthorized drones that pose a reasonable threat to the safety and security of certain facilities and assets, including those related to operations that counter terrorism, narcotics, and transnational criminal organizations.

Specifically, the Safeguarding America’s Skies Act will:

• Amend Title 18 to allow the Department of Justice and the Department of Homeland Security to detect, track, redirect, confiscate, or destroy a drone if it poses a security threat to a covered facility or asset.

• Require the agencies to coordinate with the Department of Transportation, the Federal Communications Commission, and the National Telecommunications and Information Administration in developing the rules and guidance to carry out this new authority.

• Require the Secretary of Transportation to issue a final regulation requiring remote identification and tracking of drones within one year.

• Require the Department of Justice and the Department of Homeland Security to submit an annual report to Congress outlining actions taken to implement and carry out this new authority.

“This is a common sense bill that will provide much needed relief to the agencies tasked with protecting the homeland. Left unchecked, the nefarious use of drones and drone technology can drastically alter the laws regulating this burgeoning industry, levying burdensome and unnecessary restrictions on drone use. As is typical with government intervention, the pendulum often swings too far. It is necessary to get ahead of this by instituting smart, effective measures to protect against crime while encouraging the future growth of drone technology and availability.”

March For Our Lives to be held Saturday in downtown Joplin

(From the Green Alliance of Southwest Missouri)

Join local students, parents, teachers and community members at the Joplin March For Our Lives taking place on Saturday the 24th of March between 1 p.m. and 3 p.m. in Downtown Joplin. This event was organized to stand with the victims families of the Parkland shooting and stand against school schootings and gun violence.

With Neosho, Carthage and Jasper all going on “lockdown” due to shooter threats in the wake of the Parkland shooting local students are also feeling the effects of gun violence abroad. This event was organized to give local students, teachers and concerned community members a platform to speak out against gun violence and call for sensible gun laws here in Missouri.

“We're honored to be following the lead of our nations youth. Moms Demand Action volunteers in Missouri will be marching alongside these incredible students and our entire community, in hopes that we can create lasting change so our families can live without fear of gun violence.” - Amanda Webb Dickerson / Moms Demand Action Joplin Leader.

“The Green Alliance fully supports the rights of all Americans including students, to stand up and speak out whenever there is injustice. We are humbled to be able to give our area students a platform to call for sensible gun laws in the wake of the Parkland shooting and threats here at home.What happened at Parkland and at other schools across the country is a travesty. We must do everything we can to keep guns out of the hands of people that would do harm to others, while defending the Second Amendment rights of lawful responsible gun owners.” - Ron Burch / CO-Coordinator, Green Alliance of Southwest Missouri

Guest Speakers include Webb City High School students (Natally Starr & Derek Cole), Joplin High School students (Courtney Kissee, Emma Simon, & Zoe Brown), Neosho High School Students (Lynn Marroquin, Colby Lane & Mercedes Mayfield) and Amanda Webb Dickerson with Moms Demand Action – Joplin.

We will gather on the corner of 7th and Main Street on the sidewalk in front of Creative Car Audio. March will begin promptly at 1:15pm, traveling North on the East sidewalk that runs alongside Main, ending with speakers in Spiva Park.

Trial date set for Florissant man charged with shooting Jasper County deputy

An August 8 trial date has been scheduled in McDonald County Circuit Court for a Florissant man charged with the March 1, 2017 shooting of Jasper County Deputy Nolan Murray. The case is being heard there on a change of venue from Newton County.

E. F. Fitchpatrick, 43, is charged with first degree assault, armed criminal action, and unlawful possession of a firearm.

Fitchpatrick was arrested after a two-hour standoff at the Econo Lodge on Range Line in Joplin. He was only a few months removed from his last stay in a federal penitentiary.

Fitchpatrick's arrest was detailed in a news release issued by the Joplin Police Department:

On March 1st, 2017 at 3:48p.m. officers with the Ozarks Drug Enforcement Team were attempting to serve a search warrant at the Econo Lodge Hotel, 3510 South Range Line Road. As officers attempted to make entry into the second floor room a gun shot (s) was fired at the officers through a window striking Jasper County Deputy Nolan Murray. Deputy Murray, who was wearing a bullet resistant vest suffered injury from the gun shot and was transported by EMS to Freeman Hospital. Officers on scene requested assistance through Joplin Dispatch. 

Officers with the Joplin Police Department arrived and a SWAT operation was activated. After failed attempts to establish contact with the suspect in the room, officers deployed chemical munitions into the room. EF Fitchpatrick Jr (43) of St. Louis, exited the room and was taken into custody and transported to Mercy Hospital by EMS.

When Fitchpatrick was arrested, he was only a few months out of prison.

Court records show Fitchpatrick was sentenced to 37 months on prison in 2012. He was released early and placed on probation for one year, but was not able to make it stick.

On two different occasions, the latest on July 6, 2016, Fitchpatrick's probation was revoked and he was returned to prison. Each time he was sentenced to six months. After the second stay, he was free and clear.

A motion for a detention hearing filed November 18, 2010, in U. S. District Court for the Western District of Missouri offers a breakdown of Fitchpatrick's felony convictions:

The defendant has prior felony convictions for Tampering with Service Utility, Burglary, and Possession of an Illegal Weapon in March 1991, Possession of an Illegal Weapon in March 1995, three counts of Forgery in November 1998, and two counts of Distribution of a Controlled Substance in May 2005. The defendant is presently incarcerated in the Missouri Department of Corrections as a result of a parole violation predicated on this pending case, and is therefore not eligible for pre-trial release.

Online court documents also show Fitchpatrick being charged numerous times with domestic assault and on two occasions, in 2000 and 2005 had protection orders entered against him.

Motion: Jalen Vaden statement should be tossed because he asked for Judd McPherson

In a motion to suppress filed Monday in Jasper County Circuit Court, the attorney for Jalen Vaden says her client's statements should be tossed out because he asked for a lawyer.

Vaden, 22, Carl Junction, who is charged with second degree murder and felony child abuse in connection with the death of three-year-old Jayda Kyle, signed a waiver of his rights at 12:55:18 a.m. December 6, according to the motion, but immediately afterward asked, "Is Judd here?"

Vaden was referring to Judd McPherson, who besides being Jayda Kyle's maternal grandfather is also a  lawyer.

When he asked for McPherson, attorney Tracey Martin said in her motion, he was "invoking his right to counsel during the interrogation."


Martin pointed out that the officers were fully "aware and familiar with Judd McPherson and his status as a criminal defense attorney, therefore defendant's request for his attorney was not equivocal or ambiguous."

Martin said Vaden did not "voluntarily and knowingly waive his right to counsel" since he immediately indicated he wanted McPherson there.


Vaden is being held in the Jasper County Jail in lieu of $1 million bond- $750,000 cash or surety and $250,000 cash only.

The abuse that led to Jayda Kyle's death took place November 30 in the home shared by the child's mother, Devyn Kyle and Vaden at 405 Meadow Lake Drive, Carl Junction. The child died December 2 at Children's Mercy Hospital in Kansas City.

In the motion to suppress, Martin asked that a hearing be held 9 a.m. Monday, April 2. Online court records indicate at this point the next hearing in the case is scheduled for 9 a.m. Monday, April 16.

Judge David Mouton has scheduled the trial as the second case out on the June 25 docket. If it is not held then, it will be the first case on the July 9 docket.

The trial is expected to last five days.


Previous posts

Bond set at $1 million for Jalen Vaden, trial may be as soon as June or July

Despite social media claim, Judd McPherson was not at daughter's home the night Jayda Kyle was abused

Recordings of interviews with Jaden Valen, Devyn Kyle among items turned over to defense during discovery process

Gag order expected in Jalen Vaden case

Reporter/Carl Junction City Councilwoman threatens Jayda's Beat founder, says Vaden guilty, McPherson not involved
Press conference claim: Jalen Vaden confession to Jayda Kyle murder was coerced

Jasper County Prosecuting Attorney outlines evidence against Jalen Vaden
Jalen Vaden to Jayda Kyle's father: I pray that you know I didn't do this to her

Family of accused Jayda Kyle murderer suspects outside manipulation as SMB, GoFundMe shut down accounts

Explosive court documents claim Jayda Kyle's mother turned her death into a social media event

Jayda Kyle's mother to answer questions under oath; defense to add Judd McPherson as a witness

Dankelson refuses to recuse from Jayda Kyle murder case, says he does not have a close relationship with Judd McPherson

Jalen Vaden's lawyer asks for change of judge, cites Dankelson's close relationship with Judd McPherson

Jalen Vaden bond decision delayed, preliminary hearing waived
Accused killer of Jayda Kyle to waive preliminary hearing
Bond motion filed for accused killer of three-year-old Jayda Kyle

Jasper County Sheriff: We are still investigating Jayda Kyle's death

Children's Division documents: Grandfather attempting to manipulate Jayda Kyle murder investigation

Juvenile Office documents: Jayda Kyle suffered bleeding from brain, severely torn retina, probably already brain dead when she arrived in K. C.

Some thoughts on the Joplin Globe's article on the Jayda Kyle murder investigation

Probable cause: Carl Junction man abused three-year-old, left her on the floor bloody, unconscious

Jayda Kyle obituary