Memorandum of Understanding

Between Davis School District,

Abby Dizon-Maughan, Brian Garlock, and Michelle Love-Day (“Review Team”)

This Memorandum of Understanding (“MOU”) is made and entered into by and between
Davis School District (“District”), a Utah political subdivision whose address is 70 E. 100 N.,
Farmington, Utah, 84025, and Abby Dizon-Maughan (attorney at Parsons Behle and Latimer),
Brian Garlock (a private individual), and Michelle Love-Day (a private individual), collectively,
“Parties”.

Background
On or around the first week of November, 2021, a 5th grade student at Foxboro
Elementary School (“School”), an elementary school within the District, committed suicide. The
student, Izabelle Tichenor, was an African American student, and a student with a disability.
The student’s family (the Family) has publicly made statements that Izabelle committed suicide
because she was bullied on the basis of her race and disability, following numerous reports to the
School and the District that were ignored. The District determined that a review was necessary to
follow up on those statements, and that the review be outsourced due to the allegations directed
at the District. The District further determined that a team of investigators with various areas of
expertise will bring important perspectives that a sole investigator could not. Therefore, the
District is entering into this MOU with the above-named individuals, identified hereinafter as the
“Review Team.” The District is also in the process of identifying a person with expertise in
autism and will make that person available to the Review Team for consultation as necessary
during the review.

Purpose
The purpose of this MOU is to outline the scope of the review and other general
provisions applicable during the course of the review process.

Scope of Review
1. The Review Team will review the specific allegations that Izabelle Tichenor was bullied
on the basis of her race and/or disability by students and staff, and that school and/or
District officials knew and failed to respond (“Allegations”).

2. In the course of investigating the Allegations, the Review Team will review current
processes and practices for receiving and responding to allegations of bullying at Foxboro
 Elementary School and may make recommendations regarding such processes and
practices.

3. It is not within the scope of the review for the Review Team to determine legal liability
or draw any legal conclusions with regard to potential violations of state or federal law.
The Review Team is asked only to providing findings of fact regarding the specific
allegations, and offer recommendations regarding processes and practices for receiving
and responding to allegations of bullying at Foxboro Elementary School.

4. The District will provide the Review Team full access to any student information
reported in the District’s student information system (Encore), or maintained anywhere
else at the school or District. The Review Team will be considered school officials under
FERPA, and are subject to the same confidentiality requirements that the school is
subject to with regard to education records it reviews. The District will also provide the
Review Team full access to employment files.

Report

5. At the conclusion of the review, the Review Team will produce a report with its findings
and recommendations (Full Report), including an executive summary that will be
released to the public (Executive Summary). The Full Report will include names of
individuals and other private information that will not be released to the public.

6. The Full Report should include, generally, the following components: the purpose of the
review; background information; a description of the Review process; a complete
summary of the review, including summaries of all interviews and summaries of all
documents reviewed; any other relevant information; findings; and recommendations, if
any.

7. The Executive Summary should contain a condensed summary of the Full Report, but
without identification in any form of students or staff.

8. The Review Team will also submit its investigative file to the District. The Review
Team will determine what materials to place in the investigative file.

Interviews
9. The District anticipates the Review Team will interview both students and staff. The
District will make available any staff member that the Review Team would like to
interview, including District officials if necessary.
10. Parents of the 5th and 6th grade classes at Foxboro Elementary will be notified of the
review and that their child may be interviewed. If the Review Team would like to
interview a student outside the 5th and 6th grades, the Review Team will work with the
school administrator to provide notice to those parents.

11. The Review Team will send notices of interviews to parents of students it intends to
interview.

12. If any parent requests that their child not be interviewed, the District will honor that
request and will notify the Review Team. The Review Team may require written refusal
in order to document efforts to conduct a thorough investigation. The District also
anticipates that some parents may request to be present during the interview with their
child. The District leaves this to the discretion of the Review Team.

13. The District leaves to the discretion of the Review Team who on the Team will interview
students, and how those interviews are to be conducted. It is the District’s expectation
that all interviews will be conducted consistent with the mental health industry standard
of interviewing children about traumatic situations, and that best practices of the industry
with regard to trauma-informed interview techniques are to be applied.

14. The Tichenor-Cox family attorney has indicated that Izzy’s family (the Family) will also
be available for interview. It is up to the Review Team to arrange those interviews.
Those interviews may take place at Foxboro if the Family would like, but there is
certainly no expectation that the interviews of the Family are at Foxboro. The Review
Team can arrange a location to interview the Family.

15. The Review Team may create an electronic mail account to receive information from
students, parents, staff, or community members who would like to contribute to the
review.

Classification of Records
16. All documents created during the review process, including recordings, notes, drafts, and
other materials, would likely be considered documents subject to GRAMA, as the
Review Team is contracting and acting on behalf of the District. The Review Team
should label all documents consistent with GRAMA, e.g., protected, privileged, private,
or confidential.

Consensus of Report
 17. The District expects that the Report and Executive Summary are presented as a consensus
among the investigators on the Review Team. The Report should not contain a
“dissenting opinion.” This is to protect the Review Team and to ensure a Report with a
singular set of Findings and Recommendations.

Objectivity
18. While the District is paying the investigators for their time and expertise, the District
anticipates the review and the Report will be objective and free from bias toward the
District or the Family.

Signature
19. The parties to this MOU certify that they have read, understood, and agreed to the terms
and conditions of this MOU as set forth herein.

The effective date of this MOU is the date of the signature last affixed to this page.

____________________________ ___________________
Superintendent, Davis School District Date

_____________________________ ___________________
Abby Dizon-Maughan, JD Date

_____________________________ ___________________
Michele Love-Day, MeD Date

_________________________________ ___________________
Brian Garlock, LCSW Date