Silver Creek Central School

Claims by a former Silver Creek Central School administrator that students were being placed in an “isolation cell” as punishment are now laying bare accusations of retaliation from one side and inappropriate conduct with students and parents on the other.

A bevy of court documents have been filed within the last month in state Supreme Court in Chautauqua County involving Jason Hall and the school district. Hall, who had served as Silver Creek’s assistant director of elementary programming, is seeking damages after he was placed on leave and eventually let go in 2022.

On one end, Hall claims his termination a year ago was in retaliation for filing complaints with the state Division of Human Rights over the treatment of students, including the use of what he stated was an isolation room.

On the other side, Silver Creek Central School claims Hall’s removal was because of his conduct with students and parents and that he failed to complete tasks that were part of his job description.

In early May, Hall filed a petition in state Supreme Court in Mayville seeking an order allowing him to serve a late notice of claim against the school district. In New York, notice of a claim is required prior to filing a lawsuit against a municipal or other governmental entity. Notices have to be filed within 90 days after the claim arises.

Hall is seeking damages for “discrimination, bias, retaliation, defamation, and improper employment actions” by Silver Creek Central School, his petition states.

The court filings arise from Hall’s accusations that the district was mistreating certain students — by way of employing an isolation room at the elementary school as a form of punishment. Further claims are noted in three filings with the state Division of Human Rights and which are included in the court documents.

Hall’s complaints to district staff over the alleged mistreatment began in March 2022. He claimed the school’s use of an isolation room was directed toward students with disabilities.

Word of the room inside the elementary school sparked a flurry of discussion on social media and led to a town hall meeting that generated news stories across the country.

Superintendent Todd Crandall, in response to parents, said Silver Creek “does not now, nor has it ever used an isolation cell, nor has it ever locked a child in a room alone.” He said the district does use a “de-escalation room” for students who require time alone.

“It is by no means intended, nor has it ever been used as a form of punishment or have any negative implications,” Crandall added. “The New York state Education Department authorizes the use of such rooms in its regulations.”

Hall was placed on administrative leave March 30, 2022. Two weeks later he filed his first claim with the state for discrimination and retaliation.

On May 31, 2022, Hall’s employment was terminated.

CLAIMS MADE ON BOTH SIDES

A final investigation report by the state Division of Human Rights includes observations by an investigator based on comments from Hall and Silver Creek. The district said the elementary principal and superintendent learned of complaints around March 17, 2022, that Hall allegedly “engaged in outside activities with students and families,” the report notes.

It further reads: “Silver Creek states it was concerned about complainant’s understanding of appropriate professional boundaries for administrator interaction with district student and families.”

Among the district’s claims: Hall attended an elementary student’s private birthday party and later gave that student a birthday gift in the classroom in front of classmates; he transported students in personal vehicles; he provided students with food he purchased; he invited students to his cottage on Sunset Bay; he took students out to dinner; and he invited students to play flag football in the park after school.

Many of the claims were mentioned in a letter Crandall sent Hall on March 31, 2022, in which the superintendent had already recommended his termination to the school board.

Hall called the accusations “dishonest and defamatory,” the report states. He said he attended the birthday party inside a church for a brief period and later presented the student with a gift that had come from a group of old students. He further denied ever taking a student to dinner.

Hall also noted he had never received a negative performance review or write up from the time he was hired in July 2021.

“Complainant states there was nothing negative about his job performance until he started reporting instances of discrimination towards students with disabilities and/or students of color,” the report states.

However, the district maintains Hall also failed to do his job, completing one of 14 observations and two of 31 walk-throughs as of March 2022. Crandall, in his letter, said Hall did not fulfill his “essential job function of scheduling and conducting behavioral meetings” and to coordinate a data-driven instruction program.

Crandall said he met with Hall regarding the “expectations of appropriate boundaries,” at which time Hall first brought up concerns related to student treatment. On March 22, 2022, the school’s principal met with Hall to discuss performance issues.

“Silver Creek maintains there were concerns regarding (Hall’s) inappropriate boundaries/performance issues before complainant reported any alleged abuse,” the report states.

A letter Hall sent to Stephen Boothe, then school board president, was later shared on social media and led to the town hall meeting. The district said attention from the letter and town hall prompted parents to contact Silver Creek and share concerns about Hall.

IN THE COURTS

With Hall’s petition for a late notice of claim pending, he filed a lawsuit Wednesday in state Supreme Court against the district. He’s seeking recovery of “monetary damages” from Silver Creek.

According to the suit, the filing was necessary because the return date for the order to show cause was Thursday, “after the expiration of the relevant Statue of Limitations.”

He is being represented by Buffalo attorney Steven Schrader, who did not respond to an email Thursday regarding the court filings.

Silver Creek, through its attorney, filed a response to Hall’s petition for a late notice of claim. The district opposes Hall’s petition and his standing to file a lawsuit prior to taking part in a 50-h hearing — similar to a deposition in which attorneys can question petitioners in a claim. Silver Creek maintains Hall waited too long to file a notice.