001I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. [clears throat] It is 6:00 p.m. on February the 12th, 2026. My name is Jim Cheek. and president of England School Board of Education. We're now in session and the hearing is called to order. Before we begin, I will ask everyone to silence all their communication devices. If you do not receive a call, please step outside uh of the room to carry on your conversation. This is a hearing regarding the recommendation of Superintendent Dr. Hubble to terminate the employment Xavier Brooks pursuant to district policy 8.31, renewal of termination. I'll conduct the hearing. Administration is represented by attorney Whitney Moore. Mr. Brooks is present. Uh are
002you represented by attorney at this time? Uh we will now begin the hearing. Arkansas law requires that all contested employee termination hearing be held in open session. The procedure for tonight will be as follows. Miss Brooks will make her presentation. Miss Moore will make her administrative presentation. The proh procedure will be for Miss Brooks to make a fiveminute opening statement followed by a five fivem minute opening statement by Miss Moore. Miss Brooks will then have 30 minutes to present her case. With Mr. Brooks pres uh presentation complete, the administration may go forward with its presentation. Mr. Moore will have 30 minutes to present the administration administration's case. At the conclusion of both Miss Brooks and administration presentation, Miss Brooks will have a five minutes to make a closing statement followed by five minutes from the
003administration to make closing statement. Uh as a board secretary, would you please uh keep up the time, Mr. Time? Any witness called by either party may be questioned by Miss Brooks or Miss Moore and then by the board members themselves since the law makes no provisions for formal cross-examination examination. Uh any questions will be done in an informal and conversational manner. I must emphasize once again that the purpose of the hearing is to bring before the board the appeal of Miss Brooks of Dr. trouble's termination recommendation and only matters relevant to the termination recommendation I will permit. Miss Brooks, it is now 6:02 p.m. He's going to start the clock, but you may begin your opening statement. You have 5 minutes now. >> Thank you. We're here tonight because Arkansas law provides for a hearing
004before termination of a contracted public employee. There may be differing views regarding the procedural framework governing this matter. That issue can be addressed if necessary at a later time. For purposes of this hearing, I'm prepared to present my case and respond to the superintendent's recommendation. >> Thank you. >> No, sir. >> Okay. >> Mr. President and members of the board, thank you for allowing me to speak. I have served the students of England School District with care, professionalism, and compassion. The allegations before you do not reflect the truth of my work or the events of December 12th. No student was harmed. Every student received care. I followed the discretion of the school resource officer regarding the hotline report. I documented student care and I acted in good faith throughout the day. Much of what has
005been presented is based on assumptions, camera footage taken out of context, and statements from individuals who are not medically trained and who entered the nurse's office without permission. I'm here to present the facts, correct the record, and demonstrate that I have fulfilled my duties as a school nurse. You yield the rest of your time. You have minutes, sir. >> Yes. Thank you. Would you like to go forward? >> Yes, sir. Good evening, members of the board. My name is Whitney Moore. I'm here tonight assisting Dr. Hubble. Uh I wanted to address Miss Brooks. um asked a couple of times for uh these meetings to be postponed and the board granted that request last week. Uh by agreement, we agreed first to meet last Tuesday, February 10th, and then it was later agreed upon in writing
006that we would meet tonight, February 12th. It's my understanding that Miss Brooks submitted another written request earlier this week to again postpone tonight's hearing. Um, and the majority of that was based on uh her argument that the Arkansas Public School Employee Fair Hearing Act should govern tonight's proceedings. Um, I believe Dr. Hubble responded to Miss Brooks on that today, but to clarify for the board, that law is no longer in effect. was repealed by the Arkansas Learns Act which is um of of 2023 and that was act number 237 and specifically in section 34 uh they did repeal the Fair Hearing Act. So um any deadlines that that act set forth are no longer in effect and do not apply. Um so again we're here tonight because Dr. Hubble has recommended termination of the employment
007of Miss Savior Brooks. The reasons for the termination are set forth in a letter dated January 23rd, 2026, and they address a series of incidents that occurred on December 12, 2025. It is the administration's position that Miss Brook's conduct conduct on that date violated district policy 8.21 regarding supervision of students. Miss Brook's conduct that day was also contrary to previous directives given to her in written reprimands issued by England High School administrators. The administration believes the evidence supports Dr. Hubble's recommendation of termination. >> You rest your time. I do. >> All right, Mr. Brooks. It's now 6:06 p.m. You have to start your 30 minutes presentation. >> Yes. >> Thank you. [snorts] >> You ready, ma'am? >> Okay. Time's starting now. Dr. Hob, I have a few questions for you. >> Um, your February 6
008letter references video footage, correct? >> Yes, I believe it did. >> Yes. Um, was I provided with a personal copy of that footage? >> We don't give out copies. We allowed you to come up and watch the video. >> So instead, I was required to view the video on district property. >> That is correct. Um >> the reason for this is that we don't let the videos out because other students are sometimes in the videos. So that's just our policy. >> Excuse me. The district controlled which portions of the video are shown during review. Correct. >> I'm not sure what you mean by that. The district controlled which portions of the video were shown during >> I think we showed you what you wanted to see. >> So the district the district controlled which portions
009of the video were shown during the review. >> Well, I'm still not exactly sure what you're asking. >> Okay. >> We showed you what you asked. [clears throat] >> Okay. So, was I provided full unedited footage or were there clips? Well, they're clips of what you wanted to say. >> Okay. >> The witness statements are attached to your February 6th email. Correct. >> I think that is correct. >> Okay. >> The hearing was scheduled for February 6th, 6 days after those statements were provided. Correct. >> Yeah, I think that's correct. >> Are you aware that I'm representing myself in this matter? >> I am. Um termination during the term of annual contract is a serious employment action. Do you agree? >> Yes. >> Before recommending termination, did you consider any corrective action short of termination?
010>> Well, you had received several disciplinary writeups. That's corrective action. >> Okay. Excuse me. So, you referenced prior disciplinary letters. Were those letters provided to me prior to your recommendation? Well, I'm sorry, prior to your February 6th letter. >> Yes. >> You received all of them. I apologize. >> It's all right. Take your time. >> Thank you. >> You wrote that you found only aggravating factors, correct? >> Pardon me. >> You wrote that you only found in your letter, your recommendation for termination letter, you wrote that you found only aggravating factors. Correct. >> Did you list any mitigating factors? I I didn't think there were any. Okay. >> Did you consider lack of coverage? >> No, I did not. >> Yes, ma'am. Did you consider administrator interruptions? >> What do you mean? >> Do you
011agree that I was pulled out of my office for a meeting on December 12? >> I asked to meet with you. I did. Did you consider my repeated turns return I'm sorry returns to the office to my office >> during the meeting? >> During your recommendation for termination did you consider my repeated returns to my office as a mitigating factor? >> I don't understand what you mean. You returned to your office when >> in your letter you outlined that I left my office multiple times. However, it was omitted the fact the times and facts that I returned. So, I'm asking, did you consider my returns to my office as a mitigating factor? >> Well, after you were out of your office, like on the cell phone and so forth, after a number of minutes, yes,
012you came back. I don't know that that would be a mitigating factor. However, >> would you consider my medical assistant? your medical assessment. What's your name >> of the student referenced on the December 12th incident? >> Well, we were all concerned about her. >> So, did you consider my medical assessment that I conducted that day as a mitigating factor? What was your medical assessment? I will move on to the next question. Dr. Hogen, do Mr. Morgan is not present. I need to ask you about the disciplinary letter that you relied on for your recommendation for termination. >> Mhm. >> So you relied on Mr. Morgan's October letter as aggravating factor, correct? >> Yes, ma'am. >> Do you agree that the letter states it has been reported >> that it's been >> that it it quotes
013it has been reported. >> Uh I would have to read through this. >> Yes, ma'am. Take your time. I'll ask for my time to be claimed back while Miss H. Okay. Yeah, it's uh Yeah, it's in the second paragraph. >> Can it be identified who reported it? >> I don't think that we have to reveal that. No, I don't. Right off the top of my head, that's been back in October. >> You agree that the letter states it has been observed, yet it cannot be identified who observed it? >> I suppose. >> Do you agree that Mr. Mr. Morgan did not witness any of the alleged conduct himself based on >> uh No, I believe he did. He now had some discussions. >> But do you agree that he did not identify any witnesses? >>
014No, he didn't in this letter. >> Do you agree that he did not provide dates, times, nor evidence? >> I think he did all this in a timely fashion and he put the information in the write up that needed to be in the write up. The letter claims HIPPA violations. Do you agree that HIPPA does not apply to K12 school nurses? >> I don't think HIPPA is even referenced in this way. Well, let's say yeah, it is. I think that HIPPA is the confidentiality of medical records and so forth. >> Do you agree that FURPA governs K through 12 school nurse regarding student privacy, health information? >> Well, it's both privacy. Do you agree that a corrective plan was not provided with in that disciplinary letter? >> It was not in the letter, but when
015we sat down with you, we tell you what you need to do. >> Did was support provided after the >> Why do you need support to do what you're asked to do? >> Do you agree that follow-up steps were not provided? >> Again, what followup steps should we provide? So, you agree the letter threatens termination without progressive discipline? >> No, it's been progressive discipline. It's been several writeups. That's progressive discipline. >> Thank you, Dr. Robert. U Miss Robinson, I would like to ask Miss Robinson, first of all, some questions. Miss Robinson, um, your letter states there have been instances. Can you name a date? Yes. Off the top of my head, now. Can you name a student or a witness? >> Can I name a student >> referencing to your disciplinary letter? >> Well, I
016Are you asking if you can reveal publicly a student's name? >> I mean, we're in an open hearing >> for the name. I'm just asking if um like she said off the top of her head, could she reveal like >> if you could describe a student to Miss Brooks's understand, you know, without >> description, just a yes or >> no? >> Did you document any of these alleged incidents >> and emails and and brought up with you? Yes. >> Did you cite any district policy that I had violated? I would have to go back and look at the emails and but did you cite any nursing standard? >> No, I do not have nursing standards. >> You referenced privacy of healthcare information. Are you aware that school nurses operate under FURPA and not HIPPA? Am
017I aware? When I emailed with you, you told me that it was a HIPPA violation for me to check the office for me to pop in your office whenever there were multiple students in there. So, is it HIPPO or FERA? >> FURA is what govern school nurses and health information. Did you receive FURPA training specific to nursing practice? Are you a nurse or have any medical? Oh, >> I'm sorry. I have a couple more questions. Are you aware that school nurses routinely manage multiple students? >> Yes. Have you ever seen me in action managing multiple students? >> Yes. You instructed me to never leave a student in my office, but are you aware that students or I'm sorry, nurses must some sometimes leave to respond to emergencies? >> Yes. Did you provide coverage for those
018situations? >> If I knew about those situations, then I would have provided coverage. >> Um, you acknowledged that students coming in and out without passes was not my fault. Yet, I was disciplined for it. Was a corrective action plan written in that letter? >> Not in the letter. I'm sure we >> was one provided >> and I emailed teachers and ask them to send call you and send a pass. Was training or support provided to me to govern the office the nurs's office as it was I guess wanted you all in administration standards. Any more discussions on this? >> Okay. Dr. Ho, I have just a few more questions for you. No, I don't. I'm sorry. Can I check my time, please? Uh 19 minutes remain. >> I would like to ask officer towns a
019few questions. >> Officer Townsen, you never observed any harm on December 12th. Correct. >> Did you observe any harm to any student on December 12th? >> Yes, sir. >> Such as >> any harm. What would you consider what you would consider as harm? >> What are you considering harm? Did you con did you observe any student harmed on December 12th by my supposed alleged neglect or non-supervision? >> I didn't come in there and check on the student, so I can't tell you if she was harmed or not. >> So, you didn't observe any harm from a student on December 12th. >> What are you considering harm? >> Harm? Um, do I need to read a definition of harm? >> I'm asking you. I'll read it because I would like a standard definition explanation of harm.
020>> What is your definition of harm? >> Harm, physical injury or damage to health? >> Did you personally witness any student harmed on December 12th? >> I witnessed a student by herself. >> President, would you please direct the witness? >> I can't. I mean, he's to answer the question, how to answer the question? >> Okay. You instructed me to make a hotline report, correct? Yes, cuz you told me you weren't going to do it. >> I complied immediately. Correct. >> I don't know when you did it. >> Your statement is based on reports from others, not your own observations. Correct. >> No. >> Your conclusion about lack of concern is your opinion, not a medical assessment. Correct. >> Your conclusion about lack of concern is your opinion, not a medical assessment. Correct. I wouldn't say
021it's my opinion. >> Do you have medical training? >> Yes, I was an EMT for 31 years. >> Okay. Are you a nurse? >> No. >> Are you still currently an EMT? >> Not right now. >> Thank you, Officer Tamson. Um, Miss Martin, I have a few questions for you. >> Sure. Um, in your witness statement, you reflected that you were teaching biology that day, correct? >> Yes, I was the instruction facilitator. >> So, you were not in the nurse's office observing events firsthand, correct? No, ma'am. >> You relied on camera footage to form your conclusions, correct? >> Yes, ma'am. Because it doesn't lie. It's very obvious. >> Do you agree camera footage cannot show medical assistance? >> I agree. >> Do you agree you enter the nurse's office without permission? >> I never went
022into the nurses. Yes, I did. I did come into the nurse's office. I don't need permission. I was acting administrator that day. And even as an instruction facilitator, if I need to come in to I I'm um I'm unsure. I can't I want to say I might have came in and got Tylenol that day, but even not um students are part of my responsibility as being a teacher and educator. So I don't feel like if there's a medical emergency, yes, I would need permission. But when I entered at the time, it looked like there were no students in there, but there was. Are you medically trained? >> I have been somewhat. Yes. I've been I've worked for Baptist Hospital for 20 years before I became a teacher. I've been a CNA and I have gone
023to nursing school twice. The Lord put it that I didn't pass, but because I needed to be a teacher is my opinion. But >> So, you agree that you are currently not medically trained? >> No, I'm not medically trained, but I have lots of medical knowledge. Yes. Did you review any of my medical documentation before forming your statement? >> No, I didn't need didn't need to cuz it was already addressed before, you know, that it was addressed before I was well aware of the situation. I wasn't well aware of the situation until after the fact that a student came with a statement concerned of her friend. And that was after the fact that the child had left the child that was questionable or went to the hospital. Um she was she was away from our
024premises at that time. So therefore, no, I wasn't aware at that same time, but I was made aware by a student and I acted in a timely manner after that. >> Thank you. Dr. I just have a few final questions. So you relied on the Morgan letter as a aggravating factor. Do you agree? >> Yes. He was the principal at that time. >> Yes, ma'am. You agree that it contains no dates, witnesses, or evidence? >> I do, but I don't know that that is necessary. >> Do you agree that it contains incorrect legal claims? >> No, I do not. >> Yes, ma'am. >> You agree that it is not progressive discipline? >> I do not. >> You relied on the Robinson letter as an aggravating factor, correct? Yes, she is a principal in that building.
025>> Yes, ma'am. You agree that it contain also contains no dates, witnesses, or evidence? >> I do not think it's required. >> Yes, ma'am. >> You agree that it contains incorrect legal claims as well? >> I do not. >> Do you agree that it is not progressive discipline? >> No, I do not agree with that. Do you agree that [clears throat] Arkansas law requires valid [snorts] disciplinary notices before they can be used as aggravating factors? >> I'm not sure what you mean. >> I'll restate the question. >> Okay. >> Do you agree that Arkansas law requires valid disciplinary notices before they can be used as aggravating factors? >> No, I do not agree. >> Let the let record show that super Hope disagrees with Arkansas law that requires valid disciplinary notices before they can be
026used as aggrabating factors. I use my time. >> You have 12 minutes and 50 seconds left. You good? >> Miss. >> Okay. I'd like to call Dr. Hubble. Um Dr. trouble. I feel like I'm a little behind going second, but I'm going to proceed as I planned. Uh, state your name and position for the record. >> Judy Hubble, superintendent of the England School District. >> And how do you know Miss Savier Brooks? >> She's employed as a licensed practical nurse at the high school. >> Okay. And we're here tonight because you have recommended that Miss Brooks's employment with the district be terminated. Is that correct? >> Yes. >> Okay. I've got some exhibits out. Yes. To the right. Okay. Now, Dr. Hubble is exhibit A a copy of the letter emailed to Miss Brooks on
027January I believe it was January 23rd notifying her of your intention to recommend her termination. >> Yes. >> And that letter was emailed to Miss Brooks's personal email account and it was also mailed. Is that correct? >> And certified letter. >> Okay. So it was sent via regular mail and certified mail. >> Yes, ma'am. >> Okay. Um, are you aware that Miss Berts was previously issued written discipline twice during the 2526 school year? >> Yes, ma'am. >> Okay. And if you'll flip to exhibit B. Is exhibit B a copy of the letter given to Miss Brooks on October 14th, 2025? >> Yes. >> And can you explain for the board the reasons why Miss Brooks was disciplined on October 14th, 2025? >> Uh, yes. I can read directly from the the write up. You left
028your office door open while you went down the hall. The camera shows a student entering and exiting your office while you were gone. This lapse in judgment could create all kinds of legal difficulties for the school district. All employees are expected to demonstrate respect, professionalism, and sound judgment in their interaction with colleagues and to ensure that students are supervised at all times under their care. Moving forward, any similar behavior may result in further disciplinary action up to and including termination. >> Okay. And to your knowledge, uh, did Mr. Morgan give Miss Brooks a copy of this letter? >> Yes. >> Okay. And to your knowledge, did, uh, Miss Brooks ever appeal the contents of that letter or otherwise challenge it to you? >> No. Um, if you'll move on to exhibit C, is that document
029a copy of the letter given to Miss Brooks by Miss Robinson on December 3rd, 2025? >> Yes. >> Okay. And can you either read from or read from the letter or explain to the board the reasons why Miss Brooks was disciplined on December 3rd? >> Yes. This is directly from the letter. Please understand that student safety and privacy of their health care information remain significant concerns when multiple students are present in your office at the same time. To maintain confidentiality and to ensure proper supervision, it is essential that you limit access to one student at a time unless there is an emergency. It is never okay to leave a student in your office without you being in the office with them. They should be directed to sit in chairs in front of the office. There
030are medications and other items they could get if they are left unsupervised. >> Okay. And to your knowledge, did Miss Robinson deliver that letter to Miss Brooks? >> Yes. >> And did Miss Brooks appeal or complain about that letter to you? >> No. >> Um, do y'all does the district have u a policy that would allow an employee to to challenge a disciplinary letter given to them? Uh, I would just have to look at the policy book. But, uh, >> and moving on to December 12th, can you please tell the board what happened on that date? You can either read from the termination letter or or summarize. >> Okay. We This is reading from the letter. You left your office and went to a classroom for approximately 9 minutes between 11:53 a.m. and 12:02 p.m.
031At 12:15 p.m., you returned to the same classroom where you remained until 12:29 p.m. When the office called the classroom looking for you because a student was in distress, you responded, "Ain't nobody in distress? Hell, I'm in distress." The student in question is diabetic and had reported to your office due to high blood sugar. The student returned to class when you were not available. Video footage from the classroom showed you sitting at a desk talking to students. At 12 at 1:40 p.m., Miss Martin came to your office and again observed two students in your office at the same time. One of the students was asleep and Miss Martin later found that she'd been marked absent for three periods. >> Dr. Hubble, I'm going to ask you to back up. Um, if you'll start with number
032paragraph one on the first page. I I want to I mean, Miss Brooks went first, and I think we we touched on what happened with the the first student, but I want >> All right. Yes. Okay. On December 12, 2025, you transported a student to your office via an office chair as the student was slumped over and gripping the sides of the chair. When the student's mother arrived to pick her up approximately an hour and a half later, the student was locked in your office alone. Later that afternoon, ESD administrators received a report that the student had allegedly been supplied with a marijuana THC vape by another student and was experiencing a reaction to that substance. >> And then if you'll go to paragraph two. >> Okay. And then on down to paragraph two. My
033review of the video footage shows that on December the 12th, 2025, you left your office at 10:00 a.m. and returned with the student in the chair at 10:02. During our interview, you stated that you initially thought the student was having a panic attack because she was breathing heavily. You also observed that she could not walk and was not speaking coherently. When you got the student to your office, you stated that you asked her basic assessment questions, including whether she had eaten or smoked anything. When asked the latter question, you stated that the student dropped her head. You encouraged the student to be truthful with you so uh that you could properly treat her. You stated that the student then told you she had smoked a THC pen but did not want to get her friend
034in trouble. You stated that you then called the student's mother and informed her that the student had smoked a vape pen and was exhibiting symptoms. You stated that you asked the mother if she wanted you to call an ambulance or if she wanted to come pick up the student and the mother said the latter >> and I would say just go on through paragraph. >> Okay. All right. EHS video footage reflects that on 10 at 10:23 a.m. you spoke I spoke with you to confirm that you were attending a meeting we had previously scheduled for 10:30. When I arrived at your office there were two students present. I asked you why you had two students in the office at the same time and you stated that you were monitoring one student and the other had
035come to your office for Tylenol. You proceeded to meet with Mindy Martin, who was the acting administrator at EHS on December the 12th, and me and Prince Principal Robinson's office from 10:24 to 10:31 a.m. I was not aware at the time, but found out later that the first student stayed in your office unsupervised during our meeting. During our January 10 uh 15 interview, you stated that you believed I knew the student was staying in your office alone during the meeting. to which I responded that you never told me that and had I known I would have asked you to get someone else to monitor her. You described the student status at that point as I'm going to say stable but in a condition to stay there. You want to go on through five. Okay. At
03610:31 you left principal Robinson's office and stated you were going to call a substitute nurse and were leaving for the day. The student remained in your office. At 10:57 a.m., you walked out of the building via the main office door. At 11:11 a.m., you returned to the office. You left the office again 1 minute later at 11:12 a.m. At 11:23 a.m., you returned to your office, leaving 2 minutes later at 11:25 a.m. At 11:34 a.m., the student's parents arrived at EHS to pick up the student. The parent could not immediately access the student because the student was locked in your office. At 11:37 a.m., you returned to your office with another student. The student who experienced the reaction to the vape pin left campus at approximately 11:40 a.m. Based on the facts above, I have
037concluded that you left a student who had used a THC vape and was experiencing a reaction unattended in your office from 10:24 a.m. to 10:31 a.m. and from 10:57 a.m. to 11:11 a.m. From 1112 a.m. to 11:23 a.m. and from 11:25 a.m. until 11:37 a.m. You did not report to building administrators that the student had used a prohibited substance on campus. You also allowed another student to enter your office while you observed the first student. You admitted during our interview you had previously been instructed not to leave students in your office unattended and not to have multiple students in your office at the same time. >> Thank you, Dr. Um, I'd like to show clips of the video now if that's how I can do that. Um, and if y'all will turn exhibit E. I'm
038going a little out of order here. That is a summary prepared. Uh, that goes along with the timing of these clips. And Erica, if you can just tell the board what you're showing them, you know better than that. This clip is um it down at the bottom of your screen. You'll see there 10:00 a.m. This is um right outside the main office and that's the main hallway. There's no sound in the hallways. There's only sound in the office and rooms. >> Now, is that Miss Brooks walking away from the camera on the left? >> Yes, ma'am. And I believe this is when she was going to get the student from the classroom. >> It's two minutes. I think she's going to come back around in this one. I have another be You can play these
039at one and a half speed or >> Okay. Double speed. We're just watching dead air. Let me make sure I adhere to my time. Okay. So, is this Miss Brooks and the student headed from the classroom to the nurse's office? Okay. Um, I believe the next one I'm looking for is at 10:24 a.m. the office. >> And I think this shows Dr. Pubble come in and then Miss Brooks leave her office which I believe is at the bottom right of the screen. >> I don't know. They tried to see it's like darker up here too. >> And they tried to say there was oil or something. >> Maybe comes in. I'm going to need somebody to set it here as a witness. >> Okay. >> Would did Miss Brooks come out of her office yet?
040>> Sure. Thank you. >> And they try to with oil or something comes in. I'm going to need somebody to set it here. >> Okay. I misspoke there. I said Broton and I meant Brooks. I have a good friend named Xavier Broton. That comes off my tongue sometimes. >> Come on in. Okay, so that is at 10:24. more of this video. >> Um, I believe Miss Brooks comes out at 10:31. I'm not sure if it's on the same clip. >> But if you want to go to that point, that would be I like the seven room and I was like I'm going to call and see if the honor can come and reposition here and if not um You >> can you can pause that for now. Um, now Dr. Hubble, did you realize at
041the time of this meeting that any student remained in Miss Brooks's office? >> No, I thought her mother had picked her up. >> Um, and Miss Pal, if you could move on to 1057. I believe that shows Miss Brooks leaving the building. Is that Miss Brooks over by the exit door? Okay. If you uh want to go to 1111, believe that's the time Miss Brooks returns. Object. >> Well, I returned at 11:06. >> Okay. Well, I believe you reserved some time. So, if you'd like Miss Pal to play any of these videos during your time, I have no objection to that. Okay. And I believe that shows Miss Brooks returning to her office. Um, but I think she's going to leave again at 11:12. So, Miss Al, if you could get us to that point
042of the video. I don't have the the second written in. You may just go back to 11 12 0 0 because I don't want us to have missed it. Skipping around a little faster. Sorry. >> Okay, that's 11155. So, I was a little early. Um, and then at 11:23, she returns to the office. >> And Dr. Hubble, while we wait for that, u can you confirm with thus far these are the videos you viewed on which you based your letter? >> Absolutely. Yes. Okay, coming back at 11:23. If you could jump forward to 11:25. [snorts] Oh, but the board may be about to turn off. I'm sorry. And then I believe the next clip is at 11:34 when the student's parent arrives. [snorts] >> [snorts] >> Okay. Now, Miss Pal, the the two women standing
043over by the nurse's office door, is that the parent of the student? >> I did not know the parent of the student. Uh, last Dr. Hubble, is that the student's parent? >> I I do not know the student's parent either. >> Dr. Hubble, were you informed that that was the student's parent? >> Yes, I was. [snorts] >> Okay. Um, Miss Pal, if you'll jump forward to 11:37. I believe that's when Miss Brooks returns. Okay, that is all of the video I intend to show. A few more questions for Dr. Hubble and that'll conclude our presentation. Um, Dr. Hubble, after viewing that video, was it your conclusion that Miss Brooks left this student uh who was wheeled to her office in the chair? unsupervised in her office multiple times on December 12th, 2025. >> Yes. >>
044And did Miss Brooks also have more than one student in her office on December 12th? >> She did. I stuck my head in the door and there were two in there. >> Okay. Um and this was before that meeting that came. >> Yes. >> And one of them was this student that we just watched the video footage of and there was a second student. >> Okay. Um, and now if you'll look at exhibit D, is that a copy of district policy 8.21? >> Yes, ma'am. >> Okay. And what does that policy address? >> Leaving students or supervising students properly at all times. >> And do you believe Miss Brooks's conduct in leaving the student alone in her office violated classified personnel policy 8.21, the district's policy regarding supervision of students? >> Yes. Uh, did you
045meet with Miss Brooks to discuss her conduct on December 12th? >> I did. >> Uh, on what date? >> Uh, didn't call. >> We met with her, I believe, that day. >> Okay. But did did you meet with Miss Brooks and her legal representation after? >> Oh, yes. Yes, I we had a Yes, we did. >> Okay. And did that happen in December, January? >> Uh, I believe that was in January. And did Miss Brooks admit during that meeting that the student told her she had used a THC vape then? >> Yes. >> And did Miss Brooks admit during that meeting that she did not report the presence of a vape on campus to administrators? >> Yes. >> And did Miss Brooks admit during that meeting that she had been previously instructed not to leave
046students unattended in her office? >> Yes. >> And was that because of the security of medications and records in the nurse's office? >> Yes. Did Miss Brooks admit during your meeting that she had been previously directed not to have multiple students in her office at the same time? >> Yes. Okay. [cough] And so [clears throat] in investigating this situation on December 12th, did you find that her conduct violated both of those previous directives given to her? >> Yes. >> Okay. And investig in investigating the incident with the student with the vape, did you find any other incidents that occurred on December 12th regarding Miss Brooks that >> Yes. Let me get back to where I need to be in my record here. Okay. Two students uh I'm reading directly from this letter. Later that same
047day, Ms. Martin observed two students who came to your office for medical services. One student needed to use his inhaler, and another felt ill that you were not in your office. The first student returned to class without getting his inhaler, and Miss Martin and Miss Henderson contacted the second student's mother to pick her up. During 8th period, Miss Martin observed your son come out of your office and ask where you were. until she saw him. Miss Martin had not been aware that your son had been in the office, but but you had apparently checked him out of England Elementary School. Miss Martin stated that the bell rang to end the day and she saw you and your son coming out of the egg room. >> And Dr. is it still your recommendation that Miss Brooks's
048employment with England School District be terminated? >> Yes. >> That's all I have. >> You're yielding the three minutes you have left? >> Yes. So, you going to allow her to have to cut some of this or do you >> I I don't have any objection to her if there's portions of the video she >> thinks are important. Um I don't want to deny her that opportunity before y'all. >> Miss Ruth, do you want to discuss anything on the video or >> Yes, I would like to clear some things that were drawn out of context. >> Okay. Well, I'm going to give you like 13 minutes left. I know we're going to give you all but we'll give you time to present your case. >> Okay. This is not actually part of your five minute
049closing statement. So you still have the five minutes after this time. I would like to go back to the 111 time. No. The timeline reflects that I returned to my office at 11:11. However, however, I first returned at 11:06. Actually, could we go back to when I'm walking out of the meeting with Superintendent to in the office? I feel like this is all leading up to my absence and staying outside of the main door. >> You can go to the end when I'm walking down talking to Casey. >> Huh? >> and right now I don't know. I'm not I'm going to call and see if he can come and cover the rest of the day cuz I really >> I was stating that I would call a substitute nurse to try to come and cover
050the rest of my ship day due to the meeting that I just had with Dr. Hubble that was not prior priorly scheduled and contributed to my behavior for the rest of the day. Now we can go to when I left the office at 11. Well, I left at y'all. The timeline states I left at 11:07 and returned at 11:11. However, I'm sorry, >> you said 11:06. >> Yes, I walked back in at I walked out at 10:57. It the timeline says I returned at 11:11. have. I walked back in at 11:06. At this time, I was standing outside of the main office doors on the phone calling for the sub nurse, as well as confirming with my mentor, a nurse mentor about the meeting I just had with Superintendent Pubble, and my what my actions
051for the rest of the day should be. I ultimately, after my phone conversations, came back in and completed my day. 11:06. When I came back in, that was to check on the student. It takes one minute to make an assessment. I came in, assessed her vital signs. She was she remained stable at that point. I stepped back right outside of the main office doors to continue my personal phone conversation, not in the presence of a student. So, did you check vitals in 15 seconds? >> It takes uh Well, she had a pulse oximter on her finger, so it reads in real time. Um, I would like to reflect out of context. when I left out of the building and walked to the left at 11:12 lunches during that time and due to my prior obligations
052of monitoring the student the prior meeting with superintendent Hubble I did miss my diabetics who go to lunch at that time so the time that I left that office at 11:12 it was to go to the cafeteria to check on my diabetic students that I had missed that usually stop by my office to record their carbs and blood sugar. [snorts] I returned from the same way at 11:23. You can see at this time students came to my door. You can see they are still standing outside of my door because I denied them access due to the student I had in my office. However, I still serve them with whatever they ask for. [snorts] That's me coming back from the cafeteria. These are the students who are approaching my office. One looks like she comes in.
053She I stopped her at the door, ask her what she wants. You can kind of see her still sticking out the door and the other is still standing outside the door. I serve her with whatever she asks for when they leave. 11:25 I'm leaving my office and I have medications in my hand. At this time, a student, a clip that we weren't shown, a student came to my door to get his after lunch medications, but I was not there. So, this is me taking them to his class to not disrupt instructional time. I asked for a different angle to cooperate with this, but it wasn't available. We can go to the clip when the parents arrived at 11:34 25 seconds. >> [snorts] >> They arrived to the office and as you can see they're standing
054there and not even able to access the main building because I'm not a sure no one was in the office at the time which I can we can assume from watching the video. So they are not able to immediately access the student at first because they were not able to get into the building due to lack of coverage of the office. As you can see, they're still not let in by office staff. A student who was standing waiting on office staff as well lets them in. They start to come to the office, but they stop at my door because I had previously contacted them and let them know that the student would be in my office. At this time, I would like to note I was still down the hall doing the taking the student
055the medication as well as I stopped because another student needed something. And you can see me returning into frame at 11:3 7 and 51 seconds with that student who remains outside while I go in with the parent and sibling. He remains outside. I go in, let them in. I would like to go to clip at 11 58 and 45 seconds. The timeline references that nur students going to my office and the door is open. Alluding to that I left it open. [snorts] I would like to also point out the door lock specifications on my nurse's office door. It's a autolock system. So, it's either if you press it in, it'll lock automatically behind you or vice versa. If it's unlocked, it won't will stay unlocked. As you can see, the student stops at my door,
056doesn't go in. These are my students from my second med pass. >> [snorts] >> Rewind that back some please. Bit more. Okay. You going back. When did that student come in? >> That's what I'm trying >> right there came in. Okay. Is there anything >> it was during m between the veils fail to release in the tail that where that guy came from he came >> now him I don't know I don't recall where he came >> there's only one door there right >> there's only one door however there are two ways that you get into the office >> but you got to come through the other side of the door obviously open at this point in [clears throat] time >> now that he's walked out of it he he walked out he that student
057that walked out. Didn't walk in with the rest. >> The guy in the white shirt before >> he just didn't go way. >> You might want to slow it down a regular time there. >> And which student in the white shirt? You got to go back >> cuz this student camera. >> You got to go back a little more >> until you get to where they first get in there where there's nobody know. Yeah, there they go. They walk that way. >> But I never seen the other kid. >> Yeah, that's what I'm saying. >> He never at what point did he enter? That door is open. >> That's what I'm saying. >> Just standing at the door. He didn't go in. Go in. He >> The door was open, but the door was open.
058>> No. His body went in. >> He did not. You can see him standing right between that TV. He tried to go in but he couldn't. That's why he maintained outside of the door. >> When was the other student in there though? >> He don't I don't know. Was he already in there? Well, that's why >> there's also a person standing right there at the door. >> Yeah, he was already in there. That's why I wanted to return it cuz he just like appeared out of nowhere. The student that walks out in the camouflage jacket, I don't I can't say where he entered or when he entered. I'm unsure. However, everything in my office is maintained under lock and I'm the only one with the key besides administration. So, if students are to enter my
059office, they are only accessible to band-aids and cotton swabs of that nature. Any medications, privacy files, or anything are locked up. Are you in the office at that time or no? >> No, sir. I'm returning from down the hall, I believe. Um, the timeline says I was in a classroom at that time. >> Do y'all want to watch any of additional We're her time is up and I'm just saying y'all do y'all want to see if she walks back in? She's already admitted she did. So, you don't know. I don't I don't >> clarify. >> All right, we conclude the part of the presentation for this time. M Brooks, you're 45 minutes for a closing. It's now 7:04 p.m. >> Mr. President and members of the board, thank you for your attention throughout this hearing.
060The evidence presented today shows that the district did not follow the requirements of the public school fair hearing act or basic principles of due process. First, under Arkansas Code 61704, all evidence must be provided to the employee in advance that did not occur. the February 6th. Notice reference video footage, witness statements, administrator obser observations, and prior disciplinary judges. Yet, only edited video clips were provided. Full videos were withheld, and the district acknowledged that some videos had been dumped after 2 weeks. These omissions prevented a fair opportunity to prepare. Second, Arkansas Code 61703 B1. No, I'm going to. Third, Arkansas code 6171705 prohibits sorry the superintendent made medical judgments without a nursing license without medical training and without consulting any medical professional including our board of nursing the students position or the part parent regarding EMS
061refusal. The board must consider whether medical decisions were evaluated using appropriate expertise. On December 12th, administrators required me to attend a meeting during an ongoing student medical situation and provided no relief nurse or coverage. The district created the very conditions it now cites as misconduct. The investigation identified only aggravating factors and ignored clear mitigating factors including lack of coverage, administrator interruptions, the parent refusal of EMS, my repeated returns to the office, as well as usual nursing duties handling multiple students throughout the day as well as my medical assessment. A balanced investigation would have considered all of these. Finally, the prior disciplinary letters used aggravating fac used as aggravating factors do not meet Arkansas standards. They contain no dates, no witnesses, no evidence, [snorts] and incorrect legal terminology as well as no corrective plan or progressive
062discipline. They cannot be relied upon as valid aggravating factors. For all of these reasons, statutory violations, procedural defects, lack of medical expertise, ignored mitigating factors, invalid prior discipline, and due process concerns. I respectfully request that the board dismiss the allegations and restore my I would like to reiterate that I grew up here. here. I was born here. I acted within my good faith within my nursing scope. I did not meaningfully neglect or mistreat any students during my employment and I would not like the record of me to reflect this as such. Thank you. your time. >> Members of the board, um the public school fair hearing act does not apply. It's been repealed. Miss Brooks was provided with notice of the previous reprimands issued to her in October and December. She did not challenge those
063reprimands. Miss Brooks was also provided due process regarding this matter. Dr. Hubble attempted to meet with her to get her side of the story a couple of times. Uh we agreed to postpone that meeting a couple of times. Um I believe it was initially supposed to take place December 19th. Ultimately, uh Dr. Hubble and I met with Miss Brooks and um an attorney representing Miss Brooks at the time on January 15th in this office where Miss Brooks was provided with an opportunity to give her side of the story of what happened on December 12th. Um at all times she was afforded due process including when we issued the January 23rd termination letter which was properly delivered to her by mail. um which and this board allowed her additional time to prepare for tonight's hearing. Um
064I think that's further evidence of the due process that has been reported to Miss Brooks. Nowhere in the termination letter does Dr. Hubble say that Miss Brooks acted contrary to how a nurse should act. Dr. Hubble is not a medical professional and this recommendation is not about Miss Brooks's medical expertise. This is about supervision of students and following directives from your administrators. The evidence showed that Miss Brooks was informed in October not to have multiple students in the office and that letter specifically says this should cease immediately. The evidence also shows that Miss Brooks was informed in December to limit access to her office to one student at a time. Nevertheless, on December 12th, 9 days after that last reprimand, Miss Brooks violated both of those directives. Now, she contends tonight that she was calling
065a substitute. She admitted, however, that no one was in the office with the student who was being monitored after using the THC pen while she was in and out of the office, even if she was um attempting to get a substitute or providing medical care to other students. She had been directed that students should not be in her office without her. And they and I believe it was Miss Robinson who said if you have multiple students come in the one needs to wait in the chair outside of the office while you treat the other. That process could have been employed. Um the fact just remains that that child was in there by herself. Um, now Miss Brooks stated that she assessed the student, but she admits that she left the student in her office unattended
066and unsupervised. She also admitted during our meeting that she allowed multiple students in the office and this was in violation of the previous directives given to her. So, for those reasons and for the reasons stated in the termination letter, the administration asked that you accept Dr. Hubble's recommendation to terminate the employment contract of Xavier Brooks. Thank you. >> Thank you. [clears throat] That concludes the part of presentation. At this time, someone like to make a motion for us to adjourn to executive session to discuss the presentation made by Miss Brooks and the administration by Mr. Second by M. Bill and Tai. All in favor say I. >> I oppos 7:25 p.m. in second session. >> Okay. I move that school board accept the superintendent's recommendation for the termination of Javier Brooks contract. Need a second.
067>> Second by Mr. Bobby Jones. By the show of hands. All in favor say I. >> Nay. All right. 51. Make a motion to adjurnn. Motion to Miss Ty. Second by Mr. Trishar. All you all favor say I. I opposed six. Any adjourn