BEFORE THE TENNESSEE STATE BOARD OF EDUCATION IN THE MATTER OF: JAMES SWAFFORD VS. EDUCATION DOCKET NO. 07.01-1301335 NOTICE ATTACHED IS AN INITIAL ORDER RENDERED BY AN ADMINISTRATIVE JUDGE WITH THE ADMINISTRATIVE PROCEDURES DIVISION. THE INITIAL ORDER IS NOT A FINAL ORDER BUT SHALL BECOME A FINAL ORDER UNLESS: 1. THE ENROLLEE FILES A WRITTEN APPEAL, OR EITHER PARTY FILES A PETITION FOR RECONSIDERATION WITH THE ADMINISTRATIVE PROCEDURES DIVISION NO LATER THAN December 7, 2015. YOU MUST FILE THE APPEAL, PETITION FOR RECONSIDERATION WITH THE ADMINISTRATIVE PROCEDURES DIVISION. THE ADDRESS OF THE ADMINISTRATIVE PROCEDURES DIVISION IS: SECRETARY OF STATE ADMINISTRATIVE PROCEDURES DIVISION WILLIAM R. SNODGRASS TOWER 312 ROSA PARKS AVENUE, 8” FLOOR NASHVILLE, TENNESSEE 37243-1102 IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE CALL THE ADMINISTRATIVE PROCEDURES DIVISION, 615/741-7008 OR 741-5042, FAX 615/741-4472. PLEASE CONSULT APPENDIX A AFFIXED TO THE INITIAL ORDER FOR NOTICE OF APPEAL, PROCEDURES.BEFORE THE TENNESSEE STATE BOARD OF EDUCATION IN THE MATTER OF: JAMES SWAFFORD, DOCKET NO: 07.01-1301335 Petitioner. INITIAL ORDER This matter was heard on September 2, 2015, at the Offices of the State Board of Education in Nashville, Tennessee, before Administrative Judge Kim Summers assigned by the Secretary of State, Administrative Procedurés Division, to sit for the Tennessee State Board of Education (the Board), ‘The Board was represented at the hearing by Staff Attomey Phillip Cramer, Esq. ‘The Petitioner was represented by Samuel Hudson, Esq. The issue presented in this matter is the Petitioner’s application for reinstatement of his, is Tennessee teacher’s license. After consideration of the evidence and argument of the Parties, determined that the Petitioner has shown by a preponderance of the evidence that the license should be reinstated. This decision is based upon the following Findings of Fact and Conclusions of Law. SUMMARY OF EVIDENCE The following individuals presented live testimony at the hearing — James Swafford; Nicole Swafford; Eric Swafford; and Nathan James. James Swafford testified that the impropriety of the relationship with the student “snuck up on him” but ten years later he is now older and wiser and this situation would never happen again, Nicole Swafford, wife of the Petitioner, and Bric ‘Swafford, brother of the Petitioner, testified that the Petitioner does not and would not pose any danger to Tennessee students. The following sixteen exhibits were entered into evidence - EXHIBIT 1, Certificate of Completion, University of North Florida; EXHIBIT 2, Certificate of Completion, TennesseeCorrection Academy; EXHIBIT 3, Affidavit of Jennifer Mitchell; EXHiBIT 4, Affidavit of Rick Rust; Exnisit 5, Affidavit of Vince Pendergrass; Extipir 6, Affidavit of Phillip Asberry; EXHIBIT 7, Affidavit of Kristen Dodson; Exninir 8, Affidavit of Thad Colvard; ExHiBtT 9, Affidavit of Danny Lee; EXuiBit 10, Affidavit of James Thompson; EXHIBIT 11, Affidavit of Jaime Cates; EXHIBIT 12, Affidavit Howard Upchurch; Exqipit 13, Affidavit of Jamie Ruebling; Exrurt 14, Responses to Interrogatories; COLLECTIVE EXHIBIT 15, prior actions of the Board; and Exipit 16, Order of Voluntary Surrender. DINGS OF FACT 1. The Petitioner had been a licensed teacher in the State of Tennessee for several years when in 2004 the Petitioner and his family decided to move to North Carolina. 2. The Petitioner obtained his teacher's license in North Carolina where he taught high school and also coached the football team. 3. The Petitioner developed a personal relationship with one of the female students at his school who worked with the football team and also babysat for the Petitioner’s children. 4. The relationship was neither romantic nor physical but violated what were considered to be the appropriate boundaries between a teacher and student. No criminal investigation or charges resulted from the conduct. 5. The Petitioner resigned his employment with the school system and, in December 2007, his North Carolina teacher's license was revoked. 6. In 2008, the Petitioner and his family moved back to Tennessee. After learning that the Petitioner’s North Carolina teacher’s license had been revoked, the Tennessee Board of Education notified the Petitioner of its intent to revoke his Tennessee teacher’s license “based on the conduct which led to the revocation in North Carolina.”7. Because he did not have the resources to fight the revocation, the Petitioner chose to voluntarily surrender his license. Although it was called a “permanent surrender” at the time, the Petitioner was not informed, and did not anticipate, that the surrender would forever prevent reinstatement of his license, 8. Many of the Petitioner’s friends, family members, and acquaintances support the reinstatement of his Tennessee teacher’ license. 9. The Petitioner does not intend to return to North Carolina and, therefore, has not requested reinstatement of his North Carolina teacher's license. RELEVANT LAW. 1. The Petitioner, as the party seeking to “change the present state of affairs,” has the burden of proof, pursuant to TENN. Comp. R. é& REGS. 1360-4-1-.02(7), to prove by a preponderance of the evidence that his Tennessee teacher’s license should be reinstated. Pursuant to TENN. Comp. R. & REGS. 0520-02-03-.09(1), the State Board of Education shall automatically revoke a license upon receipt of: a certified copy of a criminal record showing that the teacher or school administrator has been convicted of any felony or offense listed at T.C.A. §§ 40-35-501(i)(2), 39-17-417, a sexual offense or a violent sexual offense as defined in 40-39-202, any offense in title 39, chapter 13, 39-14-301 and 39-14-302, 39-14-401 and 39-14-404, 39-15-401 and 39-15-402, 39-17-1320, or any other offense in title 39, chapter 17, part 13 (including conviction on a plea of guilty or nolo contendere, conviction for the same or similar offense in any jurisdiction, or conviction for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to such offenses). 3. Pursuant to TENN. Comp. R. & REGS. 0520-02-03-.09(2), the State Board of Education may revoke, suspend, reprimand formally, or refuse to issue or renew a license for the following reasons: (a) Conviction of a felony, (b) Conviction of possession of narcotics,© @ ©) @ 4. ing on school premises or at a school-related activity involving students while documented as being under the influence of, possessing or consuming alcohol or illegal drugs, Falsification or alteration of a license or documentation required for licensure, Denial, suspension or revocation of a license or certificate in another jurisdi reasons which would justify denial, suspension or revocation under this rule, or Other good cause. Other good cause shall be construed to include noncompliance wi security guidelines for TCAP or successor tests pursuant to Tenn. Code Ann. § 49- 607, default on a student loan pursuant to Tenn, Code Ann. § 49-5-108(d)(2) or failure to report under part (e). ion for Pursuant to TENN. Comp. R. & REGS. 0520-02-03-.09(3)(b), a previously revoked license can be restored under the following conditions — A person whose license has been denied or revoked under parts (1) or (2) may apply to the State Board to have the license issued or restored upon application showing that the cause for denial or revocation no longer s and that the person has complied with any terms imposed in the order of denial or revocation. In the case of a felony conviction, before an application will be considered, the person must also show that any sentence imposed, elu any pre-trial diversion or probationary period has been completed. Application for such issuance or restoration shall be made to the Office of Educator Licensing and shall be voted on at a regularly scheduled meeting of the State Board of Education. Nothing in this section is intended to guarantee restoration of a license. ANALYSIS AND CONCLUSIONS OF LAW The Petitioner voluntarily surrendered his Tennessee teacher's license in lieu of defending an action by the Board for revocation. Since the Petitioner's license was not, in fact, revoked, the requirements for reinstatement of a revoked license do not apply. 2. Had the Petitioner's license actually been revoked, he would have had the opportunity under the law to apply for reinstatement, Therefore, it makes no sense that a voluntary surrender of the license would forever prevent reinstatement notwithstanding the terms of the Order of Voluntary Surrender. 3 ‘The Order of Voluntary Surrender states that the Board intended to pursue revocation based on the Petitioner's underlying conduct, not the resulting revocation of his NorthCarolina teacher's license. However, neither the conduct nor the revocation in North Carolina were a basis for revocation of the Petitioner's Tennessee teacher’s license pursuant to TENN. CoMP. R. & REGS. 0520-02-03-.09(1) and (2) (or the preceding regulation), and, as such, neither the conduct nor the revocation can provide an impediment to reinstatement. 4, There is no other evidence in the record that justifies the denial of the Petitioner's request for reinstatement, especially in light of the many character witnesses who believe reinstatement to be warranted and appropriate. 5. The Petitioner has shown, according to the law and the preponderance of the evidence, that his Tennessee teacher’s license is appropriately reinstated. ‘Accordingly, it is ORDERED that the requested reinstatement is hereby GRANTED. The policy reasons for this decision are to uphold the laws of the State of Tennessee while providing appropriate protections for its citizens. It is so ORDERED. 7 This INITIAL ORDER entered and effective this the LO dag or (YOU > 2015. Kim SUMMERS: ADMINISTRATIVE JUDGE ADMINISTRATIVE PROCEDURES DIVISION OFFICE OF THE SECRETARY OF STATE Filed in the Administrative Procedures Division, Office of the Secretary of State, this the DOYy of M0VEMASR 2015. J.RICHARD COLLIER, DIRECTOR ADMINISTRATIVE PROCEDURES DIVISION OFFICE OF THE SECRETARY OF STATEBEFORE THE TENNE: EE STATE BOARD OF EDUCATION IN THE MATTER OF: ) ) License No. 248432 JAMES SWAFFORD ) ORDER O} NIAL OF REIN! MENT ‘The Tennessee State Board of Education (Board) disposes of this matter as follows: FINDINGS OF FACT 1. Atall times pertinent hereto, James Swafford (“Respondent”) was licensed by the State Board of Education (“Board”) as a teacher in the State of Tennessee, 2. In December 2007, Respondent's North Carolina teaching license was revoked after allegations that he had engaged in misconduct with a student. Respondent admitted to writing intimate letters to a female student. 3. In April 2009, Respondent, through counsel, consented to the voluntary and permanent surrender of his Tennessee teaching license based upon the conduct which led to the revocation in North Carolina. Respondent's North Carolina teaching license is presently revoked. 4. Respondent’s request is accompanied by a letter explaining his activities since his revocation, his employment history and community service/volunteer activities, a certificate of completion of professional boundaries, ethics, and professionalism training, positive letters of recommendation, and prior Board staff review recommendations under similar circumstances. ORDER The Tennessee State Board of Education hereby denies the Respondent's request for reinstatement of her teaching licen: Approved by the Board this 25" day of July, 2014. TENNESSEE STATE BOARD OF EDUCATION BY: B. Fielding Rolston, Chair ATTEST ecutive DirectorSworn to and subscribed before me wis (0 cayor Lug wr 2014. yt € Chidiev & Se a NOTARY PUBLIC ‘STATE A PF ents 2 owe 7 Agate AF | | MY COMASSION EXPIRES: After entry, a copy of this Order will be mailed to Respondent’. tast known address: Samuel F. Hudson Counsel for Respondent 15688 Rankin Avenue P.O. Box 485 Dunlap, TN 37327BEFORE THE TENNESSEE STATE BOARD OF EDUCATION IN THE MATTER OF: ) ) License No, 248432 James A, Swafford ) ORDER of VOLUNTARY SURRENDER ‘The parties to this action submit this Order and state as follows: 1 Based on Mr, Swafford’s voluntary surrender of his Tennessee teaching On Dee. 11, 2007, Respondent James A. Swatford’s North Carolina teaching license was permanently revoked. The Board notified Mr. Swafford of its intent to revoke his Tennessee teaching license based on the conduet which led to the revocation in North Carolina, Mr. Swafford hereby knowingly and voluntarily waives his right to a hearing. Mr. Swafford voluntarily and permanently surrenders his Tennessee teaching license. Mr. Swafford may not serve as a volunteer or be employed, directly or indirectly, as an educator, paraprofessional, aide, substitute teacher, or in any other position ina public school in the State of Tennessee ense, this matter is DISMISSED. ORDERED this (fay of 4pvi __, 2009. TENNESSEE STA’ vi B. Fielding Beil — BY: ATTEST:‘Sworn to and subsgribed befifr} me thig? of, i 0 7 20004 NOTARY PUBLIC My commission expires: APPROVED FOR ENTRY Ja Bate Aftorney at Law 1341 North Main Street Crossville, Tennessee 38555 (931) 484-4533 thompson@firstcrossvilletitie.com Attorney for James A. Swafford Re a Richard F, He id, No. 22822 General Counsel Tennessee State Board of Education 710 James Robertson Parkway, 9" Floor Nashville, Tennessee 37243 (615) 253-5707 rich haglund@state.tn.us Date 4[[o4Dr. Gary L. NIXON Brut, Hasan Bxecurive Diexcror Govennon ‘Tennessee STATE BoarD OF EDUCATION Isr FLoor, ANDREW JOHNSON ToweR 710 James ROBERTSON PARKWAY Naskvitie, TN 37243-1050 (615) 741-2966 (615) 741-0371 sus/sbe PA: January 27, 2015 wwwestate, CERTIFIED MAIL - RETURN RECEIPT REQUESTED RE: James Swafford’s Application for Restoration of Revoked Teaching License Mr. Samuel F. Hudson Counsel for Respondent 15688 Rankin Ave. P.O. Box 485, Dunlap, TN 37327 Dear Mr. Swafford: 1 represent the Tennessee State Board of Education in matters concerning teacher licensing. In April 2009, you voluntarily and permanently surrendered your Tennessee teaching license based upon the conduct which led to the revocation of your North Carolina license. Under Rule 0520-2-4-.01(9)(c) of the Rules of the State Board of Education, an application for restoration of a revoked license must show that “the cause for...revocation no longer exists.” Given that your North Carolina license is still revoked, and you permanently surrendered your Tennessee teaching license, you have failed to mect this burden of proof. Thus, the Board proposes to deny your application for restoration of your revoked Tennessee license. Pursuant to Rule 0520-2-4-.01(9)(d) of the Rules of the State Board of Education, you may request a hearing before the Board takes such action. Please advise me, in writing and within thirty (30) days of the date of this letter, whether you wish to request a hearing. If | do not receive your written request for a hearing within the time allotted, I will recommend that the Board administratively deny your restoration application at its next regularly scheduled meeting. A copy of Rule 0520-2-4-.01(9) is enclosed. Sincerely, Joanna Collins Staff Attorney JC/pe Enclosure cc: Ms. Sharon Walker, Office of Teacher LicensingLICENSURE CHAPTER 0520-02-04 (Rule 0520-02-04-.01, continued) (10) 6 Other good cause. Other good cause shall be construed to include noncompliance with security guidelines for TCAP or successor tests pursuant to Tenn. Code Ann. § 49-1-607, default on a student loan pursuant to Tenn, Code Ann. § 49-5-108(d)(2) or failure to report under part (e). For purposes of this part (b), "conviction includes entry of a plea of guilty or nolo contendere cr entry of an order granting pre-trial or judicial diversion. A person whose license has been denied, suspended or revoked may not serve as a volunteer or be employed, directly or indirectly, as an educator, paraprofessional, aide, substitute teacher or in any other position during the period of the denial, suspension or revocation, (©) Restoration of License. 4. A person whose license has been suspended shall have the license restored after the period of suspension has been completed, and, where applicable, the person has complied with any terms prescribed by the State Board. Suspended licenses are subject to expiration and renewal rules of the Board. 2. A person whose license has been denied or revoked under parts (a) or (b) may apply to the Board to have the license issued or restored upon application showing that the cause for denial or revocation no longer exists and that the person has complied with any terms imposed in the ordor of denial or revocation. In the case of a felony conviction, before an application will be considered, the person must also show that any sentence imposed, including any pre-trial diversion or probationary period hias been completed. Application for such issuance or restoration shall be made to the Office of Teacher Licensing and shall be voted on at a regularly scheduled meeting of the State Board of Education, Nothing in this section is intended to guarantee restoration of a license, (@) Notice of Hearing, Any person whose license is to be denied, formally reprimanded, ‘suspended or revoked under part (b) or who is refused a license or certificate under part (c) shall be entitled to written notice and an opportunity for a hearing to be conducted as a contested case under the Tennessee Uniform Administrative Procedures Act, T.C.A. §4-5-301, et seq (e) Notification of Office of Teacher Licensing. Its the responsibilty of the superintendent of the employing public or non-public school or school system to inform the Office of ‘Teacher Licensing of licensed teachers or administrators who have been suspended or dismissed, or who have resigned, following allegations of conduct which, if substantiated, would warrant consideration for license suspension or revocation under parts (a) or (b). The report shall be submitted within thirty (30) days of the suspension, dismissal or resignation. The superintendent shall also report felony convictions of licensed teachers or administrators within 30 days of receiving knowledge of the conviction, Licensure for Applicants Trained in Other States. (@) Tennessee has adopted the provisions of Interstate Agreement on Qualification of Educational Personnel as proposed by the National Association of State Directors of Teacher Education and Certification (NASDTEC). Participation in this agreement is, evidenced by signed reciprocal contracts between Tennessee and other individuals participating states as defined by the Interstate Certification Project (ICP). ‘October, 2014 (Revised) 3TENNESSEE STATE BOARD OF EDUCATION LICENSE RESTORATION APPLICATIONS 5.500 Guidelines for Consideration of License Restoration Applications Board Rule 0520-2-4-.01(9)(c) allows a person whose teaching license was denied, suspended or revoked to apply for restoration of that license. Before the application is considered by the Board, the applicant must show “that the cause no longer exists or, in the case of a felony, that any sentence imposed, including any probationary period, has been completed.” Applications also may not be considered if an action against a license is pending in another state. Applications are voted on by the Board at regularly scheduled meetings. Restoration of a denied, suspended or revoked license is discretionary and considered on a case by case basis. The burden of proof rests with the applicant, To show that the “cause no longer exists,” an applicant must show the Board why the license should be restored despite the misconduct that resulted in the disciplinary action, An applicant must provide evidence of rehabilitation and fitness to perform the duties authorized by the license sought. ‘The Board may consider the following in reviewing restoration applications: 1. Likelihood of present harm or potential for continuing harm to students, parents of students or school personnel. 2. Details of the offense(s) which led to the disciplinary action: ‘a. Terms of any sentence imposed, including probation, community service, etc.; b. Age of the applicant at the time of arrest; c. The relationship between the offense and the duties and responsibilities of the education profession; and d. Likelihood of recurrence (as shown, for example, by lack of remorse or lack or rehabilitative motivation or potential). 3. Attempted concealment of misconduct, including failure to report any criminal charges on an initial license application. 4. Prior misconduct of a similar or related nature (including prior criminal history). 5. Compliance with any terms imposed in a voluntary withdrawal of a license application or voluntary surrender of a license. 6. Rulings on restoration applications under similar circumstances.* 7. Evidence of rehabilitation relevant to the conduct that resulted in disciplinary action, such as: a. Completion of any sentence imposed, including probation; b. Participation in counseling, self-help support groups, community service; c. Gainful employment subsequent to the conduct; and d. Family and community support (shown, for example, through affidavits or letters of character from leaders of organizations, including religious groups). 8. Fitness for practice as an educator: ‘a, Continuing education since the discipline was imposed; b. Offers of employment for educational positions; and Adopted: 04/15/2005 Page 1 of 2 Revised: 04/25/2008 5.500 License Restoration RequestsTENNESSEE STATE BOARD OF EDUCATION LICENSE RESTORATION APPLICATIONS | __5.500] c. Letters of recommendation for educational positions. 9. Any other relevant factors. * To assist the Board in its deliberations, Board staff shall maintain an anonymous list, of all restoration requests, along with the following information: Grounds for disciplinary action; ‘Time elapsed since denial or revocation; Supporting material provided by applicant; and Whether the application was granted or denied. BeNr Adopted: 04/16/2005 Revised: 04/25/2008 Page 2 of 2 5.500 License Restoration RequestsLaw OFFICE OF Samuel F. Hudson ATTORNEY AT LAW 15688 Rankin Avenue Phone: (423) 949-7900 P.O. Box 485 Fax: (423) 949-9100 Dunlap, TN 37327, June 9, 2014 Tennessee Department of Education ERTIFIED MAIL Office of Teacher Licensing 710 James Robertson Parkway 4th Floor Andrew Johnson Tower Nashville, Tennessee 37243-0377 Re: Application for Restoration of Tennessee Professional Teaching License; James Swafford, License No. 248432 Dear Sir or Ma’am: Please find enclosed the application of Mr. James Swafford for the restoration dPhis Tennessee Professional Teaching License submitted in accordance with Rule 0520-2-4-.01(9)(c)2 of the Rules of State Board of Education. As briefly set forth in this letter, and as demonstrated by the numerous and various supporting documents submitted with Mr. Swafford's application, it is abundantly clear that the cause for the original revocation of Mr. Swafford's license no longer exists and that his license should be restored. A consideration of the relevant factors set forth in Tennessee School Board of Education Policy 5.500 is particularly helpful in demonstrating that Mr. Swafford has adequately rehabilitated himself over the course of the last nine (9) years following the conduct at issue and that he has consistently displayed a fitness to perform the responsibilities and duties of a professional teacher in the State of Tennessee. (1) Likelihood of present harm or potential for continuing harm to students, parents of students or school personnel: There is no indication or evidence whatsoever that the situation that originally led to the revocation of Mr. Swafford's license was anything but an isolated incident. Instead, both prior to, and subsequent to, the events in 2005 while employed by the Perquimans County Schools in North Carolina, Mr. Swafford has worked with, and mentored, youth of all ages and genders without any issues. sam hudson@hudsonlawoffices org « wwwhudsonlawoffices org(2) Details of the offense(s| which led to the disciplinary action: The allegations regarding the offense are set forth in the North Carolina Department of Public Instruction's Finding of Reasonable Cause and Statement of Charges (which is also in Mr. Swafford's Tennessee file). However, it is very important to point out that Mr. Swafford was never arrested or charged criminally with respect to the incident, and law enforcement was never even involved. Further, although some of the allegations are disputed, Mr. Swafford has taken responsibility for his actions in this matter. (3) Attempted concealment of misconduct, including failure to report_any charges on an initial application: After Mr. Swafford's North Carolina license was revoked in 2006, he subsequently applied to renew his Tennessee license in 2008. On his renewal application he answered "No" in response to the questions "Have you had a teacher's certification/license revoked, suspended or denied, or have you voluntarily relinquished a certificate/license?" and “Is there any action pending against your certificate/license or application in another state?" There was some confusion as to the actual status of Mr. Swafford's North Carolina license in 2008 at the time Mr. Swafford applied for a renewal of his Tennessee license, and upon learning of the actual revocation, he immediately went to North Carolina with his wife and attempted (albeit unsuccessfully) to reinstate his license. Otherwise, Mr. Swafford has never attempted to conceal his actions in this matter. (4) Prior misconduct of a similar or related nature (including prior criminal history): Mr. ‘Swafford has no prior allegations of misconduct, and he has no criminal history at all. Letters of recommendation from several of Mr. Swafford's prior acquaintances and professional associates, all of which were written after the incident in 2005, are enclosed with Mr. Swafford’s application in Tab 4. (5) Compliance with any terms imposed in_a voluntary withdrawal_of a license application or voluntary surrender of a license: Although Mr. Swafford previously tendered a voluntary surrender of his Tennessee license, there were no terms or conditions placed on Mr. Swaffor order to renew his license. (6) Rulings on restoration applications under similar circumstances: For the Board's convenience, several prior Board staff review committee recommendations under similar circumstances are submitted with Mr. Swafford's application (See Tab 5). Under similar circumstances, some of which even include criminal convictions, the harshest penalty was a five (5) year revocation. At this point, over five (5) years have passed since the surrender of Mr. Swafford's license. (7) Evidence of rehabilitation relevant to the conduct that resulted in disciplinary action: As set forth in Mr. Swafford's letter, as well as the various letters of recommendation,Mr. Swafford has extensively devoted himself to community service for many years, he has completed the 16 hour Professional Boundaries, Ethics, and Professionalism for Educators course (see Tab 2), and he has consistently maintained steady employment to support himself and his family since April 17, 2009 (See Tab 1). Finally, and most importantly, Mr. Swafford's request is supported by many leaders and members of the community. (8) Fitness for practice as an educator: Mr. Swafford has completed the Professional Boundaries course. Additionally, Philip Asberry and Susan Young (Principal and Teaching Supervisor, respectively) of the Department of Correction at B.C.C.X. and Vince Pendergrass (Bledsoe County School Board member) have indicated Mr. Swafford would receive support and serious consideration for a teaching position if his license is reinstated. Although Mr. Swafford's voluntary surrender was labeled as a "permanent" surrender, the term "permanent" should not preclude the Board from considering Mr. Swafford's application. In fact, the Board staff review committee's written recommendation regarding Mr. ‘Swafford's voluntary surrender explicitly contains the following language: "Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board's discretion." While there is no dispute that Mr. Swafford made mistakes in 2005 while employed in the Perquimans County School Systems as a professional teacher, there is also no doubt that Mr. Swafford has learned a valuable lesson, has rehabilitated himself, and has demonstrated the fitness to perform the requirements and responsibilities of a professional teacher. Thank you for your careful and thoughtful consideration of Mr. Swafford's application, and please do not hesitate to contact me with any questions that you may have. Samuel F. Hudson SFH Encl: As statedMay 9, 2014 Tennessee Department of Education Office of Teacher Licensing 710 James Robertson Parkway 4th Floor Andrew Johnson Tower Nashville, Tennessee 37243-0377 * Re: Application for Restoration of Tennessee Professional Teaching License: James Swafford, License No, 248432 Dear Sir or Maam: am writing to respectfully request the restoration of my Tennessee Professional Teaching License. As you are likely aware, on December 11, 2007, my North Carolina teaching license was permanently revoked as a result of allegations of sexual misconduct with a female student while | was employed by the Perquimans County High School in Hertford, North Carolina, Additionally, on April 17, 2009, | voluntarily surrendered my Tennessee teaching license pursuant to an Order of Voluntary Surrender based on the allegations from North Carolina, No criminal charges were ever filed against me as a result of the allegations. Teaching and coaching have always been my passion, and | first began my career in 1992 at Whitwell High School in Marion County, Tennessee. Like many teachers who also coach, my family and | have lived in many places and have moved around frequently. My last teaching and coaching assignment at Grundy County High School in Tennessee was my tenth (10th) school, and | am hopeful and eager to have the opportunity to resume my chosen career as soon as possible. Throughout my life and my career, | have committed myself to public service, and | have always maintained a strong passion and desire to mentor and develop youth of all ages and genders. With one exception, | have always received positive feedback and responses for my work and efforts, and | have immensely enjoyed watching our youth grow, develop and learn while knowing that | had some small part in it. Unfortunately, while teaching and coaching in the Perquimans County School in 2005, | made several mistakes that allowed an otherwise normal interaction with a female student to get out of hand. | fully admit that | did not completely conduct myself in an appropriate manner, and in retrospect, | would have done many things differently. However, | have always denied that | maintained any type of sexual relationship with a female student, and to my knowledge, the female student has also denied any such relationship. Nonetheless, | completely acknowledge that as the adult teacher andmentor, it was my sole responsibilty to avoid any appearance of impropriety. Although | failed myself, the student, my family, the school system and several others in that situation, | definitely learned an invaluable lesson that has ultimately made me a better teacher and person and that will inevitably guide me in the future. In the nearly nine (8) years that have passed since my tenure in North Carolina, | have remained committed to public service and to the development of the youth in my community. Additionally, | have stay focused on my family, and my wife of 15 years (who is also a teacher) and | have two (2) children (Aaron - ten years old; and Sara - six years old). | have always maintained employment to support my family, and | have remained heavily involved in my community of Bledsoe County. For instance, | have been appointed to the Bledsoe County Election Commission, elected Chairman of the Bledsoe County Recreation Committee that is responsible for overseeing our county park and ball fields, elected as Director of the local Dizzy Dean Baseball organization, elected president of the Bledsoe County Youth Football and Cheerleading Association, and have coached youth football, baseball, basketball and softball. Finally, | have recently completed the 16 hour class titled Professional Boundaries, Ethics, and Professionalism for Educators. In summary, I would like nothing more than to have the opporttmnity to resume the teaching and coaching career about which | am so passionate. | have learned a valuable lesson by my past mistakes, and I have grown and matured immensely as a result of them. | have enclosed numerous documents and letters of recommendations from various individuals (all of which were obtained subsequent to the events in 2005) that demonstrate the support that | have from my community and from others with whom | have worked in the past. | assure you that | am fully capable of serving our State's youth as a teacher, coach and mentor, and | will not falter in my responsibilities if given a second chance to do so. Thank you for your consideration of my request. Ga waffordTABLE OF CONTENTS Employment History & Community Service/Volunteer Activities Professional Boundaries, Ethics, and Professionalism for Educators Certificate of Completion Current Letters of Recommendation Letters of Recommendation from Prior Associates Prior Board Staff Review recommendations Under Similar CircumstancesEmployment History & Community Service/Volunteer ActivitiesEMPLOYMENT HISTORY & COMMUNITY SERVICE/VOLUNTEER ACTIVITIES Employment: May 2009 - Present: Mar 2014 - Present: Jun 2012 - Feb 2013: Communit 2007 - Present; 2008 - Present: 2009 - Present: 2009 - Present: 2011 - Present: Other: Aug 2008 - Present: Dec 2013 - Present: Self-employed; Owner & Operator of Warriors Market Convenience Story Correctional Officer (part time), Bledsoe County Detention Center (Jail), Bledsoe County Sheriff's Department Correctional Office (full time), Bledsoe County Detention Center (Jail), Bledsoe County Sheriff's Department rvice/Volunteer Activities: Coach, Bledsoe County Youth Baseball Member, Bledsoe County Recreation Center Board; Originally Appointed by the Bledsoe County Mayor, and re-approved by the Bledsoe County Commission annually President, Little Blue Football and Cheerleading; Elected annually by approximately 125 parents of participating youth Officer, Dizzy Dean Baseball organization Coach, Bledsoe County Youth Softball Coordinator, “Tougher than Nails" Football Camp; Serving over 75 campers annually Trainer, Impact Fitness Training; Trains youth ages six (6) to 14 on a weekly basis (presently training 12 youth)Professional Boundaries, Ethics, and Professionalism for Educators Certificate of CompletionNOILITMWOD JO ALVIS ST} papmeae st Joasayy-aouapraa Wr pur esmoo §NHD 9T P10e “OT ue SANOH] IDIOT O09 T ssopanpy sof usynuoissaforg pun ‘sayy ‘salappunog jouolssaforg arp paioydiuos Aqmngsseoons sey psoffongs uu NOILVONd ONINNILNOD JO NOISIAIG VdhmhOTd HIRION JO ALISYAAINNCurrent Letters of RecommendationSTATE OF TENNESSEE DEPARTMENT OF CORRECTION BLEDSOE COUNTY CORRECTIONAL COMPLEX +1045 HORSEHEAD ROAD PIKEVILLE, TENNESSEE 37367 TELEPHONE (423) 881-6250 MEMORANDUM To Whom It May Concern From Philip Asberry, Principal Date: November 12, 2013 Subject: Mr. James Swafford Ihave known Mr. James Swafford and his family for several years and have always been impressed with their dedication and commitment to the cause of education and to the teaching profession. | would be very much in favor of hiring Mr. Swafford as an academic teacher with the Department of Correction at B.C.C.X. should he become appropriately certified and qualified for a position. While we do not have a vacant academic position at this time, the chances are excellent that one will become available in the near future as several of our current academic teachers are nearing or are past retirement age and currently determining exactly when they wish to retireRe: James “Jim” Swafford License Reinstatement To Whom It May Concern: | am writing this letter in support James "Jim" Swafford and his attempt to regain his professional teaching license. | have personally known Jim and his wife, Nicole, for the last six (6) years, and during that time, | have had the opportunity to interact with Jim and his family in both personal and somewhat professional settings. My son has played football with their son, Aaron, and my daughter has cheered and played softball with their daughter, Sara. Additionally, Jim has coached both my children in sports, and | have personally observed the energy and passion that he constantly puts into his job (almost always without praise or recognition) to push the kids to do their best. Jim genuinely cares about all of the kids and wants to see all of them do well During the last two (2) years, | have also served as the cheerleading representative for the Bledsoe County Youth Football and Cheerleading where Jim serves as President. In that role, | have seen a different side of Jim than | saw when he was coaching kids. Jim makes sure that the female cheerleaders are treated the same as the male football players in terms of uniforms and needs. For example, in my first year, our cheerleaders needed new uniforms. Although money was tight, and while Jim could have easily purchased very cheap uniforms, he went out of his way to raise money and ensure that the girls had the type of uniforms that properly reflected the amount of time and energy the girls had put into their cheering. | can honestly say that Jim has eared my trust, and | feel that he is concerned with all the children in the program and in our community; not just his own. In closing, | believe Jim is wonderful person, and he acts the same even when he does not think others are looking. He does not seek out attention or rewards for his, hard work, and I have no doubt that he would serve as a great educator if his license was reinstated. Thank you for your consideration, and please feel free to contact me with any questions a . Sincerely, Jaime Cates paaeme CokThursday, February 20, 2014 To whom it may concern: Itis my pleasure to write this letter of reference for James Aaron Swafford, whom I have known all his life. | have also known his grandparents and parents all my adult life. His grandparents and parents were educators and had very successful careers. | was Superintendent/Director of Schools while his mother, Betsy Swafford, was employed in the Bledsoe County School System. In addition, Mr. Swafford’s wife is currently employed as a teacher with the Bledsoe County School System. | also hired Mr. Swafford as a substitute teacher at Bledsoe County High School when one of our teachers was on leave due to a surgical procedure in spring of 2006. I certainly believe that Mr. Swafford has the potential to once again become a successful teacher and would hope that he would be given the opportunity. The strong family background and support he has, as well as his desire to support his family, are certainly very strong motivational factors that would help him once again to have a successful career. Also, in my position for twenty years as Director of Schools, | have personally worked with those that were given a second opportunity to teach and were successful in that opportunity. Individuals who realize their mistakes and express their regrets for them, as well as missing the profession while away from education, have a great opportunity to retum and use that experience to become a better teacher and a positive influence for those they teach. Mr. Swafford's five years away from education make him one who could return successfully to a teaching career. I hope the board will give him the opportunity to return and resume his career and become a role model for those people who not only make mistakes but also help them realize that mistakes can be overcome and used to help others do the same. Mr. Swafford’ five years away from education would seem to be a more than sufficient penalty for any mistakes made. If can provide further assistance, please feel free to call me at = {EF and may God bless you as you make important decisions concerning the lives and families of those who appear before you. Sincerely, Ffiad K. Cobvoad. Thad R. “Ronnie” Colvard Former Director of Schools, Bledsoe County School DistrictRe: James “Jim” Swafford License Reinstatement ‘To Whom It May Concer: My name is Kristen Dodson, and | am writing this letter on behalf of James "Jim" Swafford in his efforts to regain his professional teaching license. 1am currently employed by the Bledsoe County Board of Education as a High School Special Education teacher. | am also the current President of the Bledsoe County Girls’ Softball Association, and Jim has served as an assistant coach of the girls softball program for the last three (3) years. Finally, | serve on the Bledsoe County Recreation Board, and | have worked with Jim and his wife, Nicole, on several projects. What has always caught my attention about Jim is how he effortlessly interacts with not only the children, but also with all parents and other officials. In dealing with children, Jim has constantly and repeatedly impressed me with his firmness, discipline and commitment to the children. He pushes all of the girls hard and expects them to do what they are told. At the same time, Jim is also very quick to praise them when they do well and to encourage them when they fall short. During the last year, | have also had the opportunity to personally witness Jim coaching my daughter on the 5th Grade Basketball team. The team was a co-ed team, and | was amazed at how Jim treated both the boys and girls exactly‘the same and held them all to the same standards. He also continually stressed to them that each part of the team must work as a unit, and emphasized that each player must respect their teammates; a lesson that was particularly hard to teach to this age group. In closing, | am hopeful this letter serves to help you in your decision. As a teacher and a mother, I truly believe that Jim has learned and grown from the past experiences that led to the surrender of his license. | have total confidence in Jim and have allowed him to work with our County's youth and my own daughters. If given an opportunity to teach and coach again, | am certain that Jim will tirelessly work in every child's best interest. Thank you for your consideration and attention to this matter, and | can be of any more assistance to you, please contact me any time at ——_—_—_) Sincerely, Kristen DodsonAustin, Davis & Mitchell Attorneys at Law 109 Cherry Stroct East « RO. Box 666 Dunlap, Tennessee 37327-0666 L. THOMAS AUSTIN -Teothis A Telephone (423) 949-4159 S Facsimile (423) 949-4589, JENNIFER AUSTIN MITCHELL email austinaw@bledsoenet THOMAS K, AUSTIN January 21, 2014 To Whom It May Concern: This is to advise that I have known Jim and his family for many years. I have seen him work with youth in many sporting activities and has an outstanding ability to teach children at those various sports. He demonstrates a true desire for each child to learn to the best of his/het ability. He is a very dedicated parent and teacher.Re: James “Jim” Swafford License Reinstatement To Whom It May Concern: | am writing this letter of reference to offer my full and unqualified support for James "Jim" Swafford in his effort to have his professional teaching license reinstated. | am a life-long resident of Bledsoe County, and | am currently serving as an elected School Board Member of Bledsoe County. | have known Jim and his entire family for many years. Jim's son has spent several nights at my family's house, and my son has spent several nights with Jim and Nicole (his wife). They are both great role models, and | have no concerns when my son is with them. Jim and | have also been involved in youth sports together for over six (6) years. Both Jim and Nicole serve on the Bledsoe County Youth Baseball Board (of Which | am president). Additionally, Jim was also appointed as a Dizzy Dean Director five (5) years ago, and Nicole is the League Secretary. They bothwork well together and put in many hours making sure things run smoothly. Having spent a significant amount of time with Jim during the time he lost his teaching license, and at most times since then, | have witnessed, first-hand, the toll that the entire situation and process took on him and his family. However, through this time, also saw Jim react in a positive way by spending more time with his family and working harder to impact our county in a positive way. In fact, | have seen very few people who work and sacrifice of their time, especially as a volunteer, as Jim does. Knowing what | know about Jim, as a school board member, as a father, and as a member of my community, | would definitely and strongly support Jim having a teaching and/or coaching position in the Bledsoe County School System (or any school system for that matter) if his license is reinstated. | believe that the lessons learned by Jim in the years following the unfortunate situation that led to his surrender of his license have made Jim a better and stronger person, and | have no doubt that he can make a significant and positive impact on children if given another opportunity. Thank you for your attention to this letter and your consideration of the reinstatement of Jim's license. | would also encourage you to contact me if | can be of more assistance at Sincerely, Vince PendergrassRe: James “Jim” Swafford License Reinstatement To Whom It May Concern: My name is Wendy Holland, and | am writing to fully recommend that James "Jim" Swafford be allowed to reinstate his professional teaching license. By way of background, | work for Jim as a cashier in a convenience store. Additionally, | serve on the Bledsoe County Youth Football and Cheerleading organization where Jim serves as President. Finally, Jim has coached both of my sons in youth sports. Based on these relationships and interactions with Jim, | have had the opportunity to observe Jim in a variety of different settings and environments. As an employee of Jim's, | have personally seen him always show respect for his workers, male and female. Over the last three (3) years, he has had to hire and terminate several employees, but | have never once observed Jim treat anyone poorly. Instead, Jim seems to just naturally treat his workers with respect, and he shows genuine concern for our families and other issues that we all deal with outside of work. Although Jim is good employer, probably the most noticeable thing about Jim is. his constant concem for young people (including my sons) and his desire to see each child do their absolute best at whatever they are doing. Jim has a unique ability to firmly push children to achieve the most of their ability while still remaining compassionate because he is very strict, but also always fair. The boys that play for him always believe they can do anything, and that is because he believes in them. For example, | watched him coach my oldest son's team to an undefeated season last year when in previous years, they had usually lost more often than they had won. ‘ Jim is almost always talking about his strong desire to get back into teaching and coaching, and | sincerely hope that he is able to do so. | believe that he learned valuable lessons from his past experiences, and | know that any child that he teaches or coaches will benefit greatly. Thank you for your consideration, and please do not hesitate to contact me with any questions that you may have at (me Thank you, Wendy Holland Mentlp Hoblarel Shisnon)‘STATE OF TENNESSEE DEPARTMENT OF CORRECTION BLEDSOE COUNTY CORRECTIONAL COMPLEX 1045 HORSEHEAD ROAD. PIKEVILLE, TENNESSEE 97967 ‘TELEPHONE (425) 861-3251 ~ FAX (423) 881.4226 TO: Whom it may concer FROM: Susan Young, Teacher supecsar® © DATE: — October 22, 2013 RE: Jim Swafford Thave known Jim Swafford and his family personally for over 15 years. During these many years I have developed respect for him and his family. Mr, Swafford has been involved in his community in several ways for many years, involving himself in education and in sports, He has made himself available to the youth of the county as a a coach and mentor. IfMr. Swafford had his license re-instated, he would be seriously considered for employment in the education department. He has expressed a desire to re-enter the education field for the remainder of his career. Any consideration you might give him would be greatly appreciated. ‘Thank you for your time and effort in this matter.LAW OFFICE oF HOWARD L. UPCHURCH 3173 MAIN STREET P.0. BOX 381 PIKEVILLE, TENNESSEE 37367-0381 TELEPHONE: (423) 447-2903 FACSIMILE: (423) 487-6672 JUSTIN C. ANGEL ‘Aworney at Law Jaw jeangel yahoo.com HOWARD L. UPCHURCH ‘Auoeey at Law upchurch@bledsos.nt March 26, 2014 ©. PROCTOR UPCHURCH, (4927 - 2008) Re: Tennessee Professional Teaching License of James Swafford To Whom It May Concern | am writing to offer my unqualified support and recommendation for the restoration of James "Jim" Swafford's Tennessee Professional Teaching License. By way of background, | have lived in Bledsoe County most of my life, and | have practiced law here for approximately 32 years. | am also the presiding judge for the Bledsoe County General Sessions and Juvenile Courts, and | serve as the attorney for Bledsoe County and the Bledsoe County Board of Education. As such, | have personally known Jim and his family in a personal and professional capacity for most of Jim's life. | understand that Jim previously surrendered his teaching license, and | also understand that after taking a break from teaching, Jim desires to possibly resume his teaching career. Based on my personal knowledge of Jim, | believe that he would serve as an asset to our community if he is allowed to teach again. His tireless work and efforts with youth in sports and community-related activities is nothing short of impressive, and he clearly has the potential to make a significant and positive impact on our younger generations if allowed to resume his teaching career. Thank you for your attention to this matter, and please do not hesitate to contact me with any questions or concerns that you may have. Sincerely, a ae = Lao HOWARD L. UPCHURCHLetters of Recommendation From Prior Associatesa a a A 2 Z Z 9 PERQUIMANS County ScHoots P.O. Box 337 Hertford, NC 27944 Phone (252) 426-5741 Fax (252) 426-4913 Website http:tiwww.pos.k12.nc.us/ Kenneth W, Wells, Ed.D. Superintendent Dwayne K. Stallings Assistant Superintendent] Board of Education Helen Shaw, Chair Walter Leigh, Vice-Chair William Byrum Gail Hill Gloria Mason Gary Saul ‘November 2, 2005 To Whom It May Concern: Mr. James "Jim" Swafford was recently employed with our school system as an Exceptional Children’s Teacher. I believe he is a very intelligent person and has a keen sense of knowledge about current educational issues and trends, He is dedicated to his profession and has high expectations of himself and his students, Mr. Swafford has taken several on-line courses in school administration and successfully completed an internship in this area. Mr. Swafford also served as our football coach for two years and girls softball coach for one year. During that time, he and his wife Nicole, invited the young peopie over to their home about once a week for food and fellowship. Their intentions were to build a strong team relationship. Also, Coach Swafford encouraged his team members to give back to the community by volunteering, In closing, I've had the opportunity to know Coach Swaffordfor approximately two years and in that time I have developed a true appreciation for his enthusiasm to teach and coach. Sincerely yours, Brenda L. Dail Personnel Director ‘Teaching Locally... Thinking GloballyGRUNDY COUNTY BOARD OF EDUCATION Joel R. Hargis, Director of Schools P.O, Box 97 ALTAMONT, TENNESSEE 37301 Phone FAX (931)692-3467 (931)692-2188 Phyllis Lusk, Guidance/Staff Development/Textbooks Karen Gilliam, Special Education Supervisor Janette Sartain, Federal Programs Supervisor/NCLB Donna Layne, Supervisor of Instruction Michael Geary, Technology Coordinator/Attendance/Home School Wanda Lawson, School Health Coordinator December 8, 2008 To Whom It May Concern: Tam writing this letter in reference to Mr. Jim Swafford. Jim is currently a teacher and head football coach at Grundy County High School. He has been in this position since he was hired in January of 2008. As a teacher, Jim teaches in-school suspension and weight training. He displays the ability to communicate well with students and teachers. He shows the ability to work well with students who are having problems in the regular program and handles himself with confidence and calmness when diffusing a tough situation. He has Positive evaluations from the building level administrator and works well with the other faculty members. Jim does not hesitate to do the extra duties that are required of teachers, such as cafeteria and ball game duties. In his football capacity, Jim has shown initiative in setting up and maintaining records on students’ academic achievements and works hard to impress on his players the value of being a strong student leader. He has strong leadership and displays that, not only with his team, but with his efforts to bring excitement and pride into our school. Despite the fat that our program struggled with wins, the players played hard throughout the season and displayed character and class in all situations. Finally, Jim is a positive employee. He accepts responsibility and feedback with both ‘common courtesy and professionalism. Jim is excited and energetic about the position he holds and shows a genuine concern for the students in our system. It is a pleasure to have Jim Swafford on the staff at Grundy County High School and I look forward to a long and successful tenure with him as a teacher and football coach. Respectfully hes. Joel R. Hargis Director of Schools: . Melvin Hawkins Perquimans County High School rina Post Office Box 398 305 Edenton Road Street Hertford, North Carolina 27944 Randy Martin, ‘Assistant Principal Melissa Morales (252) 426-5778 Assistant Principal Fax: (252) 426-1663 Kay White www.pes.kl.2.ne.us Director of Instron October 31, 2005 ‘To Whom It May Concern: ‘This letter is in reference to Mr.,James Swafford, Coach Swafford served as the Head Football Coach at Perquimans County High School for the past two seasons. He was instrumental in turning a program that lacked structure and discipline into a program that played hard every week. ‘ Coach Swafford held high standards for his players. He-worked with them on their conditioning throughout the suiimer months. He worked with our athletic director and ime to create a higher focus onicademics, The standards for eligibility for our student athletes are now much higher.than that of the state, As I observed Coach Swafford, I noticed that he genuinely cred about each of his players. He purchased shoes for several of them, he would give those who needed rides home.and he would open his home to each of them to treat the eitire team to dinner basis. All of these things were done without the call for recognition or expectations of being reimbursed. ‘As a former high school football coach, 1'éart iat. Coach Swafford has a great knowledge about the game. He is very'g¢ ‘viewing game film and developing a quality game plan, Perquimans County High School plays in a very competitive conference with several of these teams being ranked in the top ten of the state annually. While the wins have not been regular, the players continued to play each game with a true passion and realization that they represent this county and school. If there are any questions regarding Coach Jim Swafford, please feel free to contact me at (252) 426-5778 or by email at mhawkins@pos.k12.ne.us. Sincerel iT. Melvin L. HawkinsMonday, December 08, 2008 ‘To Whom It May Concern: J am writing this letter to address the character of Mr. Jim Swafford. Jim and his family, Nicole, Aaron and Sara, have been attending our church for 3 years. During that period of time, both Jim and Nicole have been very active in the various ministries of the church. ‘Asa pastor of twenty-five years, Ihave had some experience with determining the character of an individual. Obviously Jim has failed in some way, or this letter would not be necessary. During my tenure as a pastor, I have met people who run to the church in an attempt to use the church as a way to get out oftheir trouble. I want to say with absolute certainty that Jim Swafford is not one of those people. He comes from a very respected family, and the values that his family possess are vey evident in Jim’s life. Thave watched Jim as he leads and directs his own family and itis obvious that he is concemed with quality. On several occasions, Ihave asked Jim to assist me with projects that the church was involved in, and in every instance Jim proved himself to be faithful. Should a position open here at the church, I would have no reservations in filling it with Jim Swafford. . ‘This letter is not an attempt to try to do your job; I have no qualifications in that area, [respect you and I trust you for that task. All that J am attempting to say is that each of us makes mistakes. Some people never learn from their mistakes while others use the mistakes to make them stronger and more productive individuals. Ihonestly believe that Jim Swafford is one of those individuals who leams from his mistakes, and with another chance will be a productive servant to society. | appreciate the considerations that you have given this letter, and I would not have written it ad I questioned the soundness of Jim’s character whatsoever. Senior Pastor, West End Church of God QQ DannyGrundy County Bigh School 24970 SR 108 Coalmont, TH 37313 Phone (931) 692-5400 ‘Sax (931) 692-5403 ‘Ren Colquette Principal Rick Rust Assistant Principal December 11, 2008 Samantha Stevens Assistant Principal To Whom It May Concern: Mr, Jim Swafford, Grundy County High Schoo!’s head football coach, is a role model to his students, players, and fellow colleagues. He is poised and often mentors to students ‘who look to him for support and guidance for concerns about football and life. Mr. Swafford conducts himself in a professional manner both on and off of the football field He is very cooperative and strives to promote the cause at Grundy County High School. For all of the above reasons, he serves as an asset to our program and staff. Sincerely, Auoaritlarbessn Samantha Stevens Assistant PrincipalPrior Board Staff Review Recommendations Under Similar Circumstances‘Tennessee State Board of Education Agenda August 5, 2011 ‘Teacher Licensure Actions: V. D. sess Larry A. Bobo Revocation, five (5) years eee The Background: Allegation: Mr. Bobo pled guilty to misdemeanor criminal attempt of sexual battery. Status: Respondent was notified by certified mail of the Board’s intent to revoke his license based upon these findings, and of his right to a hearing. ‘The certified letter was returned unclaimed. The U.S. Postal Service notation that a properly addressed certified letter is “unclaimed” is sufficient evidence of the addressee's refusal to accept service and is sufficient legal notice to the addressee. By refusing delivery of the certified mail, Respondent has waived the right to a hearing. ‘The Master Plan Connection: ‘This item supports the Board’s Master Plan principles of effective school leaders and efiective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. ‘The Recommendation: Respondent's conduct constitutes grounds for license revocation pursuant to Board Rule 0520-2-4-.01(9)(b)(6} ‘The Board staff review committee recommends revocation for a minimum of five (5) years.Tennessee State Board of Education Agenda October 25, 2013 ‘Teacher Licensure Actions: VI. E. — Charles Craig Suspension, Two (2) Years, With Contingency OO ‘The Background: Allegation: Mr. Craig resigned from Memphis City Schools after sending inappropriate communications to students. Status: Respondent was notified by certified mail of the Board’s intent to suspend his license, based upon these findings, and of his right to a hearing. Respondent, through counsel, voluntarily agreed to the suspension. ‘The Recommendation: Respondent's conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9)(b\(6)- ‘The Board staff review committee recommends suspension of Respondent's license for two (2) years with reinstatement contingent upon proof of successful completion of educator boundary training.Tennessee State Board of Education Agenda October 25, 2013 ‘Teacher Licensure Actions: VI. G. a Jennifer Dunleavy Suspension, nine (9) months ‘The Background: Allegation: Ms, Dunleavy resigned from Memphis City Schools amid allegations that she engaged in inappropriate conduct with a student. Status: Respondent was notified by certified mail of the Board’s intent to suspend her license, based upon these findings, and of her right to a hearing. Respondent, through counsel, voluntarily agreed to the suspension. ‘The Recommendation: Respondent's conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9)(b)(6)- ‘The Board staff review committee recommends suspension of Respondent's license for nine (9) months.‘Tennessee State Board of Education Agenda August 5, 2011 ‘Teacher Licensure Actions: V. L. a Stacie L. Frazier Suspension, one (1) year ee The Backgroun¢ Allegation: Ms. Frazier was suspended without pay for engaging in inappropriate communications with a student, Status: Respondent was notified by certified mail of the Board’s intent to suspend her license based upon these findings, and of her right to a hearing, Respondent received notice and, through counsel, has agreed to the attached order. ‘The Master Plan Connection: ‘This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. ‘The Recommendation: Respondent's conduct constitutes grounds for license revocation pursuant to Board Rule 0520-2-4-.01(9)(b)(6). ‘The Board staff review committee recommends suspension for one year which will be automatically reinstated on August 18, 2011.‘Tennessee State Board of Education Agenda November 4, 2011 ‘Teacher Licensure Actions: VI. A. ee Ronald Keith Goad Suspension, one (1) year se ‘The Background: Allegation: Mr. Goad resigned from Shelby County Schools after sending inappropriate communications to female students and documents were discovered on his computer indicating a desire to have a relationship with minors. Status: Respondent was notified by certified mail of the Board’s intent to suspend his license based upon these findings, and of his right to a hearing, Respondent received the notice but did not request a hearing. ‘The Master Plan Connection: ‘This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. ‘The Recommendation: Respondent's conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9}(0)(6). ‘The Board staff review committee recommends one (1) year suspension of Respondent's license.Tennessee State Board of Education Agenda August 5, 2011 ‘Teacher Licensure Actions: V. P. eee Lisa M. Hoffmeister Suspension, one (1) year —_— ‘The Background: Allegation: Ms. Hoffmeister pled guilty to contributing to the delinquency of a minor. Status: Respondent was notified by certified mail of the Board’s intent to suspend her license based upon these findings, and of her right to a hearing. Respondent received notice and, through counsel, has agreed to the attached order. ‘The Master Plan Connection: This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. ‘The Recommendation: Respondent’s conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9)(b)(6). ‘The Board staff review committee recommends suspension for one year beginning on the retroactive date of October 2, 2011 with automatic reinstatement.Tennessee State Board of Education Agenda October 25, 2013 ‘Teacher Licensure Actions: VI. J. eee Jeremy Brent Hughes Suspension, Two (2) Years, With Contingency ‘The Background: Allegation: Mr. Hughes resigned from Knox County Schools after sending inappropriate communications to students. Status: Respondent was notified by certified mail of the Board’s intent to suspend his license, based upon these findings, and of his right to a hearing. Respondent received notice but did not request @ hearing. ‘The Recommendation: Respondent’s conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9)(b)(6). ‘The Board staff review committee recommends suspension of Respondent's license for two (2) years with reinstatement contingent upon proof of successful completion of educator boundary training.Tennessee State Board of Education Agenda October 25, 2013 ‘Teacher Licensure Actions: VI. K. Arthur Brent Hurst Suspension, Three (3) Years, With Contingency ‘The Background: Allegation: Mr. Hurst resigned from Metropolitan Nashville Public Schools for sending sexually explicit messages to a minor. Status: Respondent was notified by certified mail of the Board’s intent to suspend his license, based upon these findings, and of his right to a hearing, Respondent received notice but did not request a hearing. ‘The Recommendation: Respondent's conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9)(b\(6). ‘The Board staff review committee recommends suspension of Respondent's license for three (3) years with reinstatement contingent upon proof of successful completion of educator boundary training.Tennessee State Board of Education Agenda August 5, 2011 Teacher Licensure Actions: V. S. Mark Jones Suspension, one (1) year — ‘The Background: Allegation: Mr. Jones resigned from his employment with Carter County Schools following allegations of stalking and sexually harassing students. Status: Respondent was notified by certified mail of the Board’s intent to suspend his license based upon these findings, and of his right to a hearing. Respondent received notice and, through counsel, has agreed to the attached order. ‘The Master Plan Connection: ‘This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct, Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. ‘The Recommendation: Respondent's conduct constitutes grounds for license revocation pursuant to Board ‘The Board staff review committee recommends suspension for one year which will be automatically reinstated on November 30, 2011.Tennessee State Board of Education Agenda April 19, 2013 ‘Teacher Licensure Actions: V. D. SE Dennis R. Kinnaird Suspension, One (1) Year, With Contingency ‘The Background: Allegation: Mr. Kinnaird resigned from Smith County Schools after sending inappropriate text messages to a student. Status: Respondent was notified by certified mail of the Board’s intent to suspend his license, based upon these findings, and of his right to a hearing. Respondent received notice but did not request @ hearing. ‘The Recommendation: Respondent's conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9}(b)(6). ‘The Board staff review committee recommends suspension of Respondent's license for one (1) year with reinstatement contingent upon proof of successful completion of educator boundary training.Tennessee State Board of Education Agenda July 30, 2010 Teacher Licensure Actions: V. D. John A, Lester Restoration ‘The Background: Allegation: Over a period of three months, in the fall of 2006, Mr. Lester engaged in extensive text messaging with a minor student. He also made inappropriate comments toward this student. Law enforcement and the Department of Children’s Services investigated but found no cause for criminal or administrative action. Status: The State Board sought and an administrative law judge granted the revocation of Mr. Lester's license. The Board sought revocation for at least three years from the date of Mr. Lester’s resignation (January 5, 2007). ‘The Master Plan Connection: This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. ‘The Recommendation: ‘The Board staff review committee recommends granting the restoration request. Mr. Lester has completed a graduate course in education law and ethics, and also received professional counseling. A petition from Mr. Lester, a transcript from the graduate ethics course and letters of recommendation are attached. A copy of the administrative law judge’s order is also attached.Tennessee State Board of Education Agenda July 30, 2010 ‘Teacher Licensure Actions: V. E. Derek W. Marlow Revocation, three (3) years The Background: Allegation: Mr. Marlow was accused of inappropriate contact with a student, An investigation revealed extensive text messaging between Mr. Marlow and the minor student. Status: Respondent was notified by certified mail of the Board’s intent to revoke his license based upon these findings, and of his right to a hearing, Respondent received the notice but did not request a hearing. ‘The Master Plan Connection: This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. ‘The Recommendation: Respondent’s conduct constitutes grounds for license revocation pursuant to Board Rule 0520-2-4-.01(9)(b)(6). ‘The Board staff review committee recommends revocation for three years.Tennessee State Board of Education Agenda July 30, 2010 ‘Teacher Licensure Actions: V. F. Jonathan M. McClain Restoration ‘The Background: Allegation: In June 2007, Mr. McClain pled no contest to a misdemeanor: sale, loan or exhibition of materials to minors (based on providing R-rated movies to a minor student}. The Sheriff's office investigation also revealed that the teacher and student sometimes sent more than SO text messages @ day to each other. Status: The State Board revoked Mr. McClain’s license in August 2007 with the provision that he might apply for restoration after three years. Mr. McClain completed the terms of his plea and the charge has been expunged from his record. ‘The Master Plan Connection: This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. The Recommendatio: The Board staff review committee recommends granting the restoration request. A petition from Mr. McClain, along with letters of recommendation and affidavits are attached.Tennessee State Board of Education Agenda April 17, 2009 ‘Teacher Licensure Actions: V. H. Greg D. McDonald Reinstatement Ss ‘The Background: Allegation: In the fall of 2006, over the course of a few days, Mr. McDonald made several phone calls to and exchanged numerous text messages with a seventeen year old student. He also invited the student to his apartment. By agreed order entered by an administrative law judge, Mr. McDonald surrendered his teaching license with the understanding that he could apply in April 2009 for reinstatement. ‘Status: McDonald is preparing to apply for a new Tennessee license. McDonald’s previous license has expired. If the Board grants his request, his application will be allowed to proceed. If the Board denies McDonald’s request to apply for a new license, McDonald may request a hearing before an administrative law judge sitting on behalf of the Board. ‘The Master Plan Connection: ‘This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. The Recommendation: The Board staff review committee recommends granting the reinstatement request. By the time Mr. McDonald is able to teach in the fall of 2009, he will have effectively had his license revoked for three years since the misconduct. That length of time is consistent with other cases with similar undisputed facts. A letter from Mr. McDonald, an employment history since the license surrender, and letters of recommendation are enclosed. McDonald will need to complete all of the other requirements for issuance of a license.‘Tennessee State Board of Education Agenda April 11, 2014 ‘Teacher Licensure Actions: VI. I. Amariah Robb Suspension, Three (3) Years, With Contingency The Background: Allegation: Mr. Robb resigned from Wilson City Schools after sending inappropriate communications to students. ‘Status: Respondent was notified by certified mail of the Board’s intent to revoke his license based upon these findings, and of his right to a hearing. The certified letter was returned unclaimed. The U.S. Postal Service notation that a properly addressed certified letter is “unclaimed” is sufficient evidence of the addressee's refusal to accept service and is sufficient legal notice to the addressee. By refusing delivery of the certified mail, Respondent has waived the right to a hearing. ‘The Recommendation: Respondent’s conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9)(b)(6). ‘The Board staff review committee recommends suspension of Respondent's license for three (3) years with reinstatement contingent upon proof of successful completion of educator boundary training.Tennessee State Board of Education Agenda August 5, 2011 Teacher Licensure Actions: V. DD. eee Anthony K. Seay Suspension, three (3) years eee The Background: Allegation: Mr. Seay was terminated from Wilson County Schools for engaging in inappropriate communications with several students. Status: Respondent was notified by certified mail of the Board’s intent to suspend his license based upon these findings, and of his right to a hearing. Respondent received the notice but did not request a hearing. ‘The Master Plan Connection: This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion, The Recommendation: Respondent’s conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9}(b)(6). ‘The Board staff review committee recommends suspension for three (3) years.Tennessee State Board of Education Agenda April 19, 2013 ‘Teacher Licensure Actions: V. K. Byron J. Smith ‘ Restoration ‘The Background: Allegation: Status: In February 2009, Mr. Smith’s Georgia teaching license was revoked based on allegations of unprofessional conduct, including allegations that he aided a student in cheating on the Algebra 2 math exam and that he fabricated grades for a student during the semester. In June 2009, Mr. Smith applied for renewal of his Tennessee Teaching license. On that application, Mr. Smith answered “No” to the questions “Have you had a teacher’s certification /license revoked, suspended or denied, or have you voluntarily relinquished a certificate/license?” and “Is there any pending action against your certificate /license or application in another state?” ‘The State Board revoked Mr. Smith’s Tennessee teaching license for three (3) years, effective June 30, 2009, with the provision that Mr. Smith could apply for restoration at the conclusion of the term of his revocation. ‘The Recommendation: The Board staff review committee recommends granting the restoration request. A petition from Mr. Smith and supporting materials are attached.Tennessee State Board of Education Agenda July 30, 2010 Teacher Licensure Actions: V. G. John M. Upchurch Restoration ‘The Background: Allegation: In September 2006, Mr. Upchurch was terminated from his job as a teacher because of sexually harassing comments toward students. Status: The State Board revoked Mr. Upchurch’s license in January 2007, with the provision that he might apply for restoration after three years. ‘The Master Plan Connection: ‘This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board’s discretion. ‘The Recommendation: ‘The Board staff review committee recommends granting the restoration request. A letter from Mr. Upchurch and letters of recommendation are attached. ‘Mr. Upchurch will need to complete any other requirements for issuance or renewal of his teaching license, which is scheduled to expire August 31, 2010.Tennessee State Board of Education Agenda Suly 26, 2013 Teacher Licensure Actions: IV. M. Andrew Wilkinson Suspension, One (1) Year, With Contingency The Background: Allegation: Mr. Wilkinson was suspended without pay from Hamilton county Schools after creating a fictitious Facebook account to connect with a former student, a minor, and sending inappropriate messages to that student. Status: Respondent was notified by certified mail of the Board’s intent to suspend his license, based upon these findings, and of his right to a hearing. Respondent received the notice and, through counsel, agreed to voluntary suspension of his Tennessee teaching license. ‘The Recommendation: Respondent’s conduct constitutes grounds for license revocation or suspension pursuant to Board Rule 0520-2-4-.01(9)(b)(6) ‘The Board staff review committee recommends suspension of Respondent's license for one (1) year with reinstatement contingent upon proof of successful completion of educator boundary training.Tennessee State Board of Education Agenda April 17, 2009 ‘Teacher Licensure Actions: V. G. TT Craig W. Worley Reinstatement se The Background: Allegation: In 2000, a Kentucky school district lodged complaints with that state's ethics office that Worley had made inappropriate comments toward and engaged in roughhousing with students when he worked as a substitute teacher. Worley surrendered his Kentucky license in October 2001. No hearing was ever held in the matter. Worley’s Tennessee license was revoked in 2004 based on the Kentucky action, Status: Worley has applied to renew his Tennessee license. If the Board denies his request for reinstatement, Worley may request a hearing before an administrative judge sitting on behalf of the Board. ‘The Master Plan Connection: This item supports the Board’s Master Plan principles of effective school leaders and effective teachers by denying, suspending or revoking administrator and teacher licenses for a period of time commensurate with the given misconduct. Applicants, teachers and administrators who demonstrate that they should be granted a license or have their license reinstated despite misconduct may be granted a new license at the Board's discretion. ‘The Recommendation: ‘The Board staff review committee recommends granting the reinstatement request. A letter from Mr. Worley, an employment history since the license revocation and letters of recommendation are enclosed. Worley will need to complete alll of the other requirements for issuance of a license.9198073198 o3:ae 19pm. 03-23-2008 OO Bos BEFORE THE NORTH CAROLINA S’ IN THE MATTER OF LICENSE NO. FINDING OF DEFAULT AND 41349-9708. JAMES AARON SWAFFORD) ORDER OF REVOCATION Based upon the attached Finding of Reasonable Cause and Statement of Charges. the State Superintendent of Public Instruction finds that: 1, James Aaron Swatford is the holder of professional license No. 413-49-9708, issued by the State Board of Education, 2. On August 28, 2006, a Finding of Remonable Cause and Statement of Charges against James Aaron Swafford was issued on the following ground(s): Mr. Swafford was employed by the Perquimans County Schools as a physical education teacher. special education teacher, and coach at Perquimans County High School. On October 26, 2005. Mr. Swafford resigned his employment with the Perquimans County Schools following an investigation into hiy alleged sexual misconduct with a student. At or near the conclusion of the investigation, Mr. Swafford admitted to writing several letters to a female student, In one letter he wrote such statements as “I love you so much." “I fove you deeply. honestly & truly. You are all I think of. I need you & your love to get trough the toughest days but more importantly to be able to share all the happy ones.” In another he wrote “I want you to know that I not only think but am sure that you are the most beautiful thing I have ever seen, You are perfect in my eyes & even better in my arms. 1 fell so deeply in fove w/ you & still do every time look in your eyes or kiss your lips.” “I had a hard time leaving you tast night! It rips my heart out not being with you, You were right. we do need a weekend. (am officially asking you out to dinner Saturday night." “I keep thinking about what you said yesterday when you called me about having your hands all over me.“ ‘want you so badly. I want to hold you & kiss you. 1 want to touch your face & hai & kiss you deeply. 1 want so badly to press your hody to mine like we are one & {0 feel your body tense up with just the right touch, 1 want to make you totally understand how [ove you.” The standards of professional conduct set forth at 16 NCAC 6C .0602(6) require every licensed educator (i) to practice the professional standards of Federal, state, and local governing bodies (,0602(b)(1): (Ii) to serve as a positive role model and to demonstrate a high standard of personal character and conduct {,0602(bi(2)): and (ii) to treat all students with respect, including not making any198073186 O3:4tad pm, 09-23-2008 3B intentional solicitation, encouragement. or consummation of a romantic oF Physical relationship with a student. or any sexual contact with a student (.9602(bxSKF). 3. On August 31. 2006, the Department of Public Instruction sent a Notice and Finding of Reasonable Cause and Statement of Charges to James Aaron Swafford by certified mail, Telum receipt requested. addressed to his last known address. The retum receipt hore the presumed signature of James Aaron Swafford, The notice informed James Aaron Swaltord that unless administrative proceedings were begun within 60 days after mailing the notice, by petitioning for a contested ease (o challenge the license revocation, the revocation would occur, 4. James Aaron Swafford did not file a petition for a contested case within the time period allowed by law. On the basis of these foregoing findings, it is therefore ORDERED that James Aaron Swafford be and is hereby found to have DEFAULTED on the right to challenge the Fecommended revocation. and it is FURTHER ORDERED that the professional license of Jamey Aaron Swafford, No. 413-49-9708, be permanently REVOKED. This Finding and Order is entered this the {/__ day of December, 2007, Superintendent of Public Instruction and Secretary. State Board of Education