TOLEDO, Ohio — A Toledo Public Schools principal and the district itself are defendants in a federal sexual harassment lawsuit.
11 Investigates has learned that, in a TPS investigation, the principal of Scott High School, Dr. Carnel Smith, was found to have sexually harassed a teacher of 20 years and no discipline was ever handed out against him.
The teacher, Tamara Muchiarone, filed the complaint against Smith and TPS in U.S. District Court on Sept. 30.
In the filing, Muchiarone accuses the two of sexual harassment in violation of the Civil Rights Act of 1964, sex discrimination and retaliation. She claims the harassment occurred in person and in text messages sent by Smith over the course of six years, dating back to 2017, and that TPS did nothing to remove Smith from Scott High School either after her formal complaint in April 2023 or after she expressed feelings of hostility to Assistant Superintendent of Human Resources Treva Jeffries-Martin and to her Toledo Federation of Teachers union representative, Andrew Frank.
Allegations against the principal
Her complaint states the first instance of harassment occurred in August 2017, when Smith took a picture of her legs and feet and sent it to her, saying, "Have an awesome school year!" She said Smith often told her she "should wear more skirts" or "wear a dress and heels." She said when she wore high-heeled shoes, he would say, "I know you feel sexy in those," and said she was "hunting for a man."
She said she was sitting on an exercise ball at her desk one day when Smith moved a chair to her desk, sat down, and said, "I'm just going to sit here and watch you sit on that ball."
She also described an occasion when Smith visited her room and asked her to turn around so he could get a "full look," and said, "I know you wear those (heels) for me." She also said Smith once rubbed her shoe and was told by a coworker that Smith asked him whether he was "f***ing" Muchiarone, also speculating about her sexual activities.
Complaint against TPS
In the lawsuit, Muchiarone said that TPS failed to timely address her complaint, pursued little to no discipline against Smith and retaliated against her for making a harassment complaint.
"Now, Principal Smith gets to stay in his position without any retribution while Ms. Muchiarone had no choice but to leave the school she taught at for nearly twenty years only to be paid less and have less opportunity for advancement," it states.
The 11 Investigates interview
Muchiarone sat down for an hourlong interview with 11 Investigates, during which she said that back in April 2023 she spoke with Human Resources representative Diane Irving, following her formal complaint. Muchiarone told Irving that she was uncomfortable working with Smith and if he stayed at Scott High School, she would have to leave.
"I even asked is it, is it normal for when somebody has an accusation of that [sexual harassment], that you leave him in the building with me still working there and not remove him? At least put him on paid leave or something while you're doing your investigation," Muchiarone said.
At the time, Smith taught Biology and Anatomy & Physiology and served as the Science Department Chair and National Honor Society Advisor, two supplemental positions that came with additional compensation.
Muchiarone said she avoided Smith as much as possible but was forced to interact with him as her superior.
Over the course of that school year, she said she believed Smith was tracking her whereabouts on the school's cameras and listening to her conversations through speakers in her classroom, and acknowledged needing to communicate with him about issues involving lack of heat in her classroom, student behavior, trash and a professional recommendation she needed that was required from the principal of the school.
During this time, Muchiarone said she began to ask her union representative and human resources for updates on the investigation, but no updates were provided.
Muchiarone requested a transfer for the 2023-2024 school year because she said TPS had not taken action to protect her from Smith and she was concerned about working with him if the district did not remove him from the school.
She said TPS and her union were in agreement that she was only submitting the request for a transfer so that she would not have to work for Smith, that she would have the ability to return to Scott High School and her other positions if Smith was removed and that any discipline would happen before the 2023-2024 school year.
11 Investigates obtained a document, titled "Letter of Agreement between the Toledo Board of Education and the Toledo Federation of Teachers," dated Aug. 2, 2023, stating that Muchiarone, "Will have the right to return to Scott High School if the current Principal is no longer at this location" and that Muchiarone, "Will maintain her building seniority as it stands for the 2023-2024 school year." The document was signed by Jeffries-Martin, Frank, Muchiarone and TPS Treasurer Ryan Stechschulte.
On June 8, 2023, attorney Kristin Romaine-Blochowski, a third-party decision maker hired by the district, who reviewed the investigative report and interviewed witnesses, concluded that Smith had sexually harassed Muchiarone, in violation of board policy during the 2022-2023 school year.
"Harassing, intimidating, or retaliating against a colleague, peer, or other school personnel," and "sexually harassing intimidating, or retaliating against a colleague..." is outlined in the Ohio State Board of Education's Licensure Code of Professional Conduct as "conduct unbecoming," a violation of the code.
Romaine-Blochowski wrote, "The Decision-maker finds by a preponderance of the evidence that Respondent did violate Board Policy AC by sexually harassing Complainant as a result of Respondent's behaviors toward the Complainant during the 2022/2023 Academic year."
Romaine-Blochowski stated in her report that, "the Complainant is found to be credible in her statements and she has shown that the comments were unwelcome. The behavior of Respondent was subjectively and objectively so severe, pervasive and offensive and caused the Complainant to change her routines and fear retaliation, as to rise to the level of a hostile work environment."
"It is therefore the belief that the Complainant has proven by a preponderance of evidence that she was subjected to sexual harassment by respondent."
Both Smith and Muchiarone were given opportunities to appeal the finding.
Neither appealed.
'They didn't take action'
Muchiarone said she was looking forward to returning to Scott High School after Romaine-Blochowski's finding, assuming that TPS would discipline Smith by placing him on administrative leave or removing him from the school.
"I was excited, I was like, 'Ok, so something's going to happen,'" she said.
But her relief was short-lived because Smith returned to the school that fall, prompting her to hire an attorney in September.
"They didn't take action, then they also didn't take action once the decision-maker's report came out substantiating the sexual harassment. It wasn't until my client obtained legal counsel and I reached out that they seemed to take any action at all toward discipline," said Muchiarone's attorney, Diana Robinson.
At that point, Muchiarone said she finally received word that TPS was considering disciplining Smith.
Disciplinary hearing takes place
According to public documents provided to 11 Investigates by TPS, a disciplinary hearing occurred on Nov. 9, 2023.
In her report, the Hearing Officer, Susan DeTano noted that she made it "Abundantly clear to the parties that the purpose of this hearing is to determine appropriate consequences for the finding of sexual harassment, and this is not the venue for an appeal of the Decision-Maker's determination. It was also made clear that the determination stands (Board policy AC-R) and there is nothing this Hearing Officer can do to change the decision."
The same report noted that a meeting was held on June 16, following Romaine-Blochowski's sexual harassment finding. Deputy Superintendent of TPS James Gant, Jeffries-Martin, Smith and Toledo Association of Administrative Personnel (TAAP) President Emilio Ramirez were present.
TPS said that after that meeting, Smith was offered a one-day suspension without pay and mandatory harassment training in lieu of a disciplinary hearing, which he and his union representative refused.
On Oct. 6, 2023, TPS said it sent notice to Smith that its previous offer was "off the table, and based on the determination of the Decision-Maker, disciplinary action is now in the hands of the Hearing Officer."
TPS said that Smith was aware that he had a right to appeal but did not do so, and asked DeTano to consider a five-day suspension without pay and mandatory harassment training.
Smith denies allegations, union offers 'new evidence'
The union said that Smith "emphatically denies the allegations made against him," arguing the disciplinary hearing should serve as an opportunity to appeal because TPS did not follow up after Smith rejected the one-day suspension, which was not offered in writing, per the union contract.
The union offered "new evidence" in the form of text messages over 19 dates that were exchanged between Smith and Muchiarone, saying the texts would "exonerate" Smith.
DeTano granted the request, despite previously stating that the original decision-maker's findings of sexual harassment could not be changed.
DeTano took issue with one text chain initiated by Muchiarone on Nov. 16, 2022, which read, "You missing the shoes?" Smith replied with smiling emojis. Muchiarone said, "You know I mean the ones from today?" Smith said, "Are you in the building?" Muchiarone said, "Nope."
DeTano said the reference to the shoes seemed to indicate, "a running joke" between the two and asked, "Why would she initiate conversations about her shoes?"
Muchiarone, who said she was not aware of the disciplinary hearing, or that text messages were being discussed, told 11 Investigates that she was trying to get Smith's harassment on the record at the time. She said she was wearing Scott's colors on her sneakers that day, and he usually commented on her high heels.
"I wanted to see if he would react or comment on how I looked when I was dressing, tell me what I should be wearing, because he did that," she said.
In another text conversation dated Jan. 18, 2023, Muchiarone said, "I have something to show you. Where are you? I couldn't do it when you were in my room because of the content of the video."
Smith said, "I just came to my office," and the two exchanged six more messages regarding her stopping by to talk.
Muchiarone told 11 Investigates that she was trying to discuss a video containing inappropriate content involving students.
But DeTano questioned that if Muchiarone was experiencing sexual harassment and a hostile work environment, "why would she invite him to her classroom for any reason, let alone to show him something that certainly sounds like an inappropriate video; and why would she request meetings with him if he was harassing her?"
The majority of the texts submitted by Smith show Muchiarone asking about issues with the building, including the heat.
Muchiarone said Smith was adamant that employees go to him with any issues.
"He told the whole staff if you have issues, you know, contact me," Muchiarone said.
Muchiarone said she was never given an opportunity to address any of the questions raised by DeTano or any of the "new evidence" submitted by Smith.
"I would have loved to have been there because just like he had a right when I filed, he had a right to go in and say his side and do that. Why shouldn't I have that? Why shouldn't I at least be allowed to sit there?" she said.
Discipline 'not warranted'
In her decision, DeTano said disciplinary action against Smith was, "not warranted."
She wrote that the text message evidence presented by Smith was, "compelling" and she found it "unfathomable that Dr. Smith did not have the presence of mind to share such significant information at some point in the process... He now has a sexual harassment decision against him that will hang over his head for as long as he is employed with the Toledo Public Schools, and a document that could end up in any number of hands because he is a public employee."
"This is the stuff of nightmares, and fault falls squarely on his shoulders."
But, DeTano said, "there are a few issues Dr. Smith needs to address," and recommended TPS "require Dr. Smith to participate in the District's Adult SEL program and encourage his voluntary participation in harassment training with an outside source that is funded by the District."
In her report dated Nov. 16, 2023, she stated that the courses would, "Provide Dr. Smith with the additional knowledge, skills and resources he needs to not only address the stressors and challenges that present themselves in today's educational environment, but also help him create and maintain a positive, healthy culture in his building."
No trainings completed; Nov. 5 deadline
On Oct. 30, nearly a year after DeTano recommended the mandatory and voluntary trainings, 11 Investigates asked TPS whether Smith had taken any of the trainings. Human resources said that he had not completed trainings and that the deadline to complete the training is Nov. 5.
When 11 Investigates asked if it was possible for Smith to complete the training by Tuesday, the district said, "the annual training is designed to be completed during our upcoming professional development day, Election Day," and that "the district followed the recommendations of the third-party investigator, who, in the final report, said that the outside training was not warranted due to non-violation."
Third-party investigator: Outside training not necessary
That outside report is a review of the disciplinary investigation put together by R. Kent Murphree, of the Rossford law firm Heban, Murphree, and Lewandowski.
In a document included in Smith's file, on Feb. 6 Murphree said, "In reviewing the report of Ms. DeTano from the CDI, it is clear that there was some confusion regarding whether presentation of new evidence was appropriate at the CDI hearing. However, in my view, when one considers Article XIV C(3), any confusion should be cleared up.
"Specifically, the language that states that Ms. DeTano was authorized to, 'hear testimony, examine witnesses, and review all relevant material pertaining to the continuing disciplinary investigation.' If it was intended that only evidence previously submitted through the process could be considered, then one would expect to see such limiting language. Thus, I can only conclude that new evidence was permissibly presented at the CDI."
TPS told 11 Investigates that it referenced Murphree's report when determining training. In his decision, he wrote, "In my opinion, the text messages considered in light of all the other evidence is that Mr. Smith did not engage in sexual harassment as it is defined in TPS Policy and by law ... I would not recommend any discipline in light of the facts that have now been established. Going one step further, and perhaps beyond the scope of my engagement, I disagree with Ms. DeTano's recommendation of training."
TPS board policy language
However, TPS' board policy manual states: "The district may refer the investigation to a third party... If an investigation results in a determination that discrimination, harassment or retaliation occurred in violation of the policy, the district will discipline those who violated the policy and take other administrative action(s) as appropriate. The report is final and binding."
Mucchiarone reinforced that she was not given an opportunity to explain the text messages at the disciplinary hearing or during the law firm's investigation.
'I've come this far'
Muchiarone said she wants her compensation to return to what it was, for Smith to be disciplined and for others who may have been sexually harassed — by anyone — to be free of fear and come forward.
"I don't know if they're just trying to break me down and hope that I give up and go away, but I've come this far," she said.
Robinson said sexual harassment in the workplace is common, and this case is complex, partly due to Smith's standing in the community as a Scott High School alumnus who went on to play in the NFL.
"When you're in a position where you're being harassed or discriminated against by someone in a position of power over you, especially in this situation when you have someone that's beloved by the administration that is a hometown hero, it's really hard to come out and talk about it. And I think that it happens all the time," Robinson said.
Muchiarone pointed to the slogan of Toledo Public Schools, "TPS Proud," and said TPS should practice what it preaches.
"If you're out in the public talking about being, you know, role models and, preparing people for the future what lessons are you really teaching them?" she said.
Interview declined, TPS issues statement
Smith declined multiple requests by 11 Investigates for an interview, via the district's spokesperson.
TPS administrators also declined an interview and instead emailed a statement: "Toledo Public Schools is not able to comment further on matters that are involved in ongoing legal proceedings. However, it is important to note that in the case of Ms. Muchiarone and Dr. Smith, the district collaborated closely with its legal counsel and engaged two independent investigators to ensure a thorough and impartial outcome. The district is confident in the fairness and accuracy of the process."