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School Board fires Aister

Posted 9/30/14

The Fountain Hills Unified School District Governing Board voted 4-1 Monday evening to dismiss educator Pam Aister based on her involvement in breaking up a heated incident between students on …

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School Board fires Aister

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The Fountain Hills Unified School District Governing Board voted 4-1 Monday evening to dismiss educator Pam Aister based on her involvement in breaking up a heated incident between students on campus.

Aister, a teacher at Four Peaks Elementary School, diffused what has been billed as a racial bullying incident during the 2013-14 school year.

Aister’s subsequent suspension and the hearing that followed were based on her alleged behavior/language used in handling the dispute between the students, which was determined did not actually involve comments of a racial nature.

Officials said five district policies were violated by Aister at the time.

A hearing officer agreed upon by both parties recommended dismissal, stating that Aister had “possession and use of power in an inequitable way that resulted in the intimidation of students, causing them unnecessary anxiety and fear” and, per district policy, provided grounds for termination.

Following Monday’s dismissal, Aister told one media outlet, “I am terribly disappointed.

“I can’t believe they would believe lies. I hate to go out on lies.”

Aister has taught in the district for more than two decades.

During Monday evening’s meeting, the board heard final remarks from Aister, as well as FHUSD attorney David Pauole, before hosting a final executive session to consult with legal counsel.

The board voted in favor of accepting Lee’s recommendation by a count of 4-1, with member Dr. C.T. Wright providing the sole “nay” vote and members Karl Gaardsmoe, Melanie Anderelli, Helen Howard and Jill Reed voting “ay.”

Aister was dismissed immediately.

Recommendation

Before the Sept. 29 meeting got under way, board President Helen Howard reiterated the fact that the board “must decide based solely on the evidence presented to the district.”

Howard later stated that all board members had reviewed the findings presented by hearing officer Lee and all items submitted as evidence throughout the hearing.

Aister had presented the board with a written argument pertaining to Lee’s findings as well, which the board took into consideration.

The initial portion of Lee’s recommendation included findings of fact pertaining to the incident and the previous hearing, the majority of which Aister contested in her written argument, as well as a speaking opportunity allotted Monday evening.

The vast majority of the findings of fact were pulled from student testimony, as well as arguments/evidence provided by district representation during the hearing.

Aister’s testimony was deemed unreliable, and was therefore not included by Lee.

Aister’s written and verbal statements at the Sept. 29 meeting echoed her case from the hearing, as they were not provided in the official findings. She made special note of one particular statement of fact that she told a student he had an “ugly face” and that he had “better watch his back.”

“None of these comments are true,” Aister said.

“Why you would choose to believe I would say these things is amazing to me.”

Lee’s findings end with evidence supporting termination based on multiple FHUSD board policies, as well as Arizona Administrative Code R7-2-1308, involving “unprofessional and immoral conduct” of certified personnel.

In her recommendation, Lee stated that Aister was “heavy handed and unprofessional, and she did not make the well-being of students the fundamental value of her decision making and her actions.”

“She did not accord the students the dignity and respect they deserved,” Lee continued. “…Appellant [Aister] provided a distorted version of the facts, even when confronted by a video that clearly refuted her account of what happened. Appellant took action against the students without possessing the facts of the situation, and her testimony at the hearing indicated she still believed she was correct in her obviously mistaken assumptions.

“She even stated that it was fair to accuse the students without knowing what they were doing.”

Aister, however, disagreed that her testimony was unreliable.

“None of the above demonstrates that fair and reasonable consideration was given to the information provided by Mrs. Aister,” she said in her written argument.

“Most of the ‘findings of fact’ was based on hearsay, distortion and fabrication.”

Pauole was also afforded an opportunity to speak during Monday’s meeting, stating that hearing attorney Lee “listened to Mrs. Aister’s testimony and determined it was not credible,” adding that he felt the recommendation was “based largely on Mrs. Aister’s refusal to accept responsibility for her behavior during the incident.”

Aister’s involvement in the incident resulted in a 10-day suspension at the end of last school year, with further action pending.

This summer the board then suspended her, with pay, and she was not allowed back into the classroom as the 2014-15 school year began and the formal hearing was pending.

That hearing was held Sept. 12, with testimony given both in public by Aister and Four Peaks Principal Anita Gomez and in private by the students involved and some of their parents.