A Toledo Public Schools floriculture teacher suspended more than a year ago after she gave away district-owned plants was fired Tuesday, a move contrary to the recommendation of a state-appointed referee.
District officials contend Jessica Hammer, who was hired in September, 2011, to teach at the Natural Science Technology Center, gave away plants worth more than $800 to another school and a commercial vendor last year.
She was suspended with pay following a disciplinary hearing.
Soon after in July, 2016, she filed suit in Lucas County Common Please Court against TPS, disputing the district’s claims. Her suit said sharing plants among agricultural education teachers was common practice, and “any plants given away by Hammer were cuttings or splits of existing plants,” and were “of nominal value.”
Her attorney, Thomas Sobecki, withdrew the case within days.
The disciplinary hearing recommended Ms. Hammer be let go, and the board voted unanimously in August, 2016, to suspend her without pay and begin the termination process.
The Ohio Department of Education appointed a referee to conduct hearings on the matter, and he submitted his recommendation to the board in July.
The referee concluded “there was not good and just cause for the termination of Ms. Hammer’s contract,” but board members disagree.
“The Board rejects the Referee’s Report because the Referee’s finding is against the weight of the evidence presented, misapplies the legal standard, and wrongly concludes that Ms. Hammer’s conduct does not provide good and just cause for termination of her contract,” reads a resolution passed by the board Tuesday.
Board Vice President Polly Taylor-Gerken said the referee’s decision did not take into account all the facts of the incident. She said Ms. Hammer gave away valuable district property without permission, including a decades-old exotic bird of paradise flower.
“The bottom line is polices were not followed,” she said. “We take it very seriously when we have to terminate someone.”
TPS was able to recover some of the plants in question, though the floriculture program was discontinued in spring of 2016 because of low enrollment.
Mr. Sobecki could not be reached for comment Tuesday evening.
Ms. Hammer had no prior disciplinary action with TPS.
Contact Sarah Elms at selms@theblade.com, 419-724-6103, or on Twitter @BySarahElms.
First Published September 26, 2017, 10:13 p.m.
