BOARD CHAIR BOARD MEMBERS. ‘Maggie 8. Lewis-Butler Georgia “Joy’ Bowen Dee Crumpler BOARD VICE CHAIR DeeDee Rasmussen ‘Alva Swafford Striplin ‘SUPERINTENDENT Jackie Pons October 5, 2015 JoAnne Suees-Adams 6509 Doneraill Trail Tallahassee, Florida 32309 (Case Number: 1516-001-H Dear Mrs. Suggs-Adams and On August 14, 2015, you (complainants) fled formal complaints against the Cross Country and Track and Field Coach of Lawton Chiles High School, Scott Gowan. Your complaints alleged harassment, intimidation and retaliation based on bullying, public humiliation, unfair treatment, emotional stress, and coercion. {uve had the opportunity to review your complaints and follow up on your concems. As the Equity Officer I am responsible for enforcing Title VI of the Civil Rights Act of 1964, Title VI prohibit Aiscriminatiowharassment on the basis of race, color or national origin by recipients of federal financial assistance. Lawton Chiles High School is a recipient of federal dollars and a public entity that is subjected to these laws. During the review the Equity Officer is a neutral fact-finder, who collects and analyzes relevant evidence from the complainant, the accused and/or other sources as. deemed appropriate, Iam tasked with ensuring that the review is legally suficient and is implemented according to policy and procedures. Through interviews, emails and phone conversations several examples to support your allegations were Provided. These have resulted in the complaints detailed below: Complaint 1: Harassment On Wednesday, August 12, 2015, after being informed that er was not going to attend practice, Coach Gowan entered her place of work, Texas Roadhouse, under the guise of going there to have dinner, entered the kitchen and questioned her about not coming to practice and insinuated that she ‘was not telling the truth 2757 West Pensacola Street «Tallahassee, Florida 32304-2998 «Phone (850) 487-7110 «Fax (850) 414-5194 « sexual orientation, race, religion, national origi, age, color or dlsabilig.”™ Building the Future TogetheJoAnne Sie *tsms, October 5, 2019 Page 2 ‘Coach Gowan constantly badger about getting her iron tested. Parents and students are badgered to tun in money for fundraisers that are not clearly communicated or ‘that they do not have enough time to prepare or solicit funds for, in the time allotted. Complaint 2: Intimidation ‘Coach Gowan does not provide a safe, healthy environment for his entire team. He has made zel unworthy and has often brought her to tears by his constant yelling and belittling her in front of her fellow athletes ‘Coach Gowan was not in support of ger taking on a summer job. He told her, in front of teammates, that “this whole working thing isn’t gomg to work out”. When asked if she could leave after doing her workout so she can go to work, he told her that she would miss valuable information and therefore made her sit and listen to him talk for SO minutes making her almost an hour late for work, Complaint 3: Retaliation F informed Coach Gowan that she was going to do a college visit and would ‘subsequently miss practice. Coach Gowan told her that he did not want her to go on the college visit and if she did, it would not be excused. Nevertheless, + did go. When she returned from the ‘Coach Gowan had moved her down to run with a lower group. ‘Coach Gowan did not like the fact that and her mother complained to Principal Burgess and Athletic Director, Mike Eto about him saying she was not a lady. Complaint 4: Unfair Treatment Coach Gowan demonstrates favoritism on the Chiles High School Cross Country team. He has his favorites and does not treat all members equally. After being diagnosed with bronchitis, was made to sit at practice and wait for Coach Gowan and other athletes to finisn practice instead of being allowed to go home. Coach Gowan has purposefully targeted and has held her up as a negative example in Public discussions, with the team, about being sick. He has shared with her that itis her fault that she is sick. On one occasion, : vas asked the time for two events, ? {shared the “correct” times and Coach Gowan told her she was wrong. He stated he did not ask for that information, but asked for start times. He proceeded to tell her she “can’t hear right” and made her do push-ups in front of the entire team, Complaint 5: Public Humiliation In the Spring of 2013, Coach Gowan puller side after practice and dismissed the rest of the girls team to stretch. While in front of the boys’ team, Coach Gowan questioned ‘about her interactions with her boyftiend. One ofthe questions was intimate in nature. He subsequently called her a liar and told her that she was not a lady.JoAnne Supss- Adams vatober 5, 2015 Page 3 ‘ was among several athletes who were made to do push-ups in the thunder, rain and lightning while in the Publix parking lot because they were a “little late” to practice due to them not hhaving enough people to drive them all to the designated spot for practice. Complaint 6: Miscellaneous Complaints There has been a history of complaints regarding Coach Gowan's inappropriate comments and conduct ‘toward student athletes dating back approximately seven years and nothing has been done about them, ‘There is a history of Coach Gowan yelling and cursing at students and parents. Gort Gowan was given notice of inappropriate behavior of the boys’ team as well as the bullying of ‘the girls team and he did not report it nor take the appropriate steps to change the behavior. ‘Coach Gowan told + that her parents were unable to pay for summer camp and therefore could not pay for a college that she wanted to attend. Intermediate Steps As soon as the principal was notified of the incident, he immediately contacted Coach Gowan, told him to have no further contact with —__ Wexplain the allegation set out in Mrs. Suggs email of August 12, 2015. Both Principal Burgess and the Athletic Director were working towards a resolution ‘when the Equity Officer was made aware of the situation on August 14, 2015, ‘When Mrs. Suggs-Adams made the decision to transfe nother high school, we immediately worked towards waiving any issues that may result in her attending a school out of her attendance zone~ Additionally, an official associated withthe Florida High School Association was contacted to waive any sanctions that may have occurred with her wanting to participate on the new high school’s Cross Country program. This request was honored based on the nature of the complaint brought to the District's attention. ind her mother was contacted by the Equity Officer and asked if she needed to talk with anyone (i.e. a counselor). Mrs. Suggs-Adams shared that it was not needed at the tine. ‘The Florida Department of Education Office of Equal Educational Opportunity, and legal counsel to the Leon County Schoo! Board — Ausley and McMullen were consulted throughout this case. EachJnAno* Suggs-Adams etover 5, 2015 Page 4 complaint was reviewed and researched. The following paragraphs address my findings to each of your concems: (Complaint 1: Harassment Research and interviews revealed that Scott Gowan did go to the Texas Roadhouse Restaurant on ‘August 12, 2015. He was in the company of a parenvfamily friend Laura Conrad. While Mr. Gowen reported and Mrs. Conrad reported that they were there for dinner, it was evident that his reason for going to the Texas Roadhouse was to confront about her absence from practice. ‘Mr. Gowan purported that he was on the way to the bathroom after entering the establishment and then saw ', via his peripheral vision, standing in the kitchen. It was upon this observation that he approached her and questioned her about not being at practice. Mr. Gowan then shared that he Subsequently left the restaurant because it was too crowded and did not want to wait to be seated. Based upon Mr. Gowan’s description and written diagram of how he entered Texas Roadhouse and Where he said that the bathroom was located is in fact inconsistent with the layout of the restaurant, Based on witness statements, Mr. Gowan entered the establishment, visibly upset and “followed {found the comet”. He also did not respond to the hostess’s question about how many was in his party because he was focused on finding le appeared to have a purpose for walking right past the hostess station and it resulted in him confronting in the kitchen where she stood. The direction that he walked in has no bathrooms as he previously indicated, While he applauded athletes who tried to earn money for themselves, Coach Gowan made it clear to his athletes that their work schedules should not interfere with practice times. This was an expectation when Participating in his Cross Country and Track and Field programs. He was emphatic about this way of ‘work as he shared that his program comes first above anything else. For those who did not comply, it resulted in some measure of a consequence. It is clear that Coach Gowan was not pleased with absence from practice. Although cone would argue that he cared enough to bring it to her attention, this Officer is more concerned with his ‘method of bringing it to her attention. Coach Gowan is passionate about his craft; so impassioned that if his athletes do not appear to be “all in” he creates a mindset that they are not serious about the sport Program or the team and works towards that end to change the athlete’s way of thinking, It is well known among the Cross Country and Track and Field teams that Coach Gowan feels that if you are sick, You should stay at home and fully recover. One should not be doing anything, but concentrating on getting well and returning to practice healthy so that he/She can concentrate on bringing the team to another championship. This Officer finds that Coach Gowan going to job to reprimand or talk to her about missing practice was crossing the line — particularly when it was certain that she did not want to talk with him. It was already established that Coach Gowan did not like anything that interfered with his practice times and had told “This working thing is not working out”. Her retreat to the kitchen was an indication that she wanted to avoid him, but he persisted and confronted her anyway. This choice, onthe part of Coach Gowan, was a clear demonstration of poor Judgement. Complaint 1 — Roadhouse incident substantiated.JoAnne Suggs-Adams October 5, 2015 Page 5 Research and interviews indicate that Coach Gowan utilizes the strategy of getting one's iron level checked as a measure of indicating how well they can/will perform. Responses on whether or not this ‘was a mandatory expectation, ranged from “optional” to “highly recommended” to "mandatory for the varsity team members”. Based on Coach Gowan's experience in the areas of Cross Country and Track and Field, itis clear that there is a nexus between an athlete's iron level and their performance. He has shared this with parents atthe beginning of each season and provided a handout to them as well. ‘The practice of getting one’s iron tested had been proven to enhance an athlete's performance as well as helped many to realize that they had certain maladies that required medical attention which would have otherwise gone undetected and unchecked. The Lawton Chiles administration made it clear to those who inquired that iron testing was not mandatory. However, Coach Gowan repeat it often to make sure that his athletes and parents understand the importance of it. It maximizes one's oxygen carry, prevents injuries and indicates good health for a demanding sport. When Coach Gowan discussed the issue of iron testing with ~_ it was after a conversation regarding her being sick. By him ‘mentioning to her that she needed to have her iton checked, it was out of concem for her health and to assist him with coaching her better. Complaint | — Iron testing unsubstantiated, Fundraisers are done to offset the amount of monies athletes and their parents will have to pay for out= oftown meets. This information is shared via email and in parent meetings. Athletes and parents know ahead of time that the event will take 1-2 weeks. Sometimes the timeframe for selling products and ‘turning in funds are short; however, this does not appear to be a major deterrent for the team as itis not a consistent practice. Coach Gowan reminds the athletes often about selling and submitting funds, t has been reported that these events help the team and the athletes simply comply with the expectations knowing that the outcome will be beneficial to all. Coach Gowan's reminders keep the event in the forefront of the students’ mind and helps them to remind their parents as well Complaint 1 — Fundraisers unsubstantiated, Complaint 2: Intimidation Coach Gowan is described as driven; passionate; a tough man with high expectations; determined; efficient; consistent; strict and sometimes a harsh person; sometimes needs a better attitude: hardworking; dedicated; his life revolves around his athletes and helping them perform to the best of their ability; shows an immense amount of care for his athletes — no matter their ability; pushes athletes to be the better part of themselves; works with athletes and their doctors; best coach in Florida (well. known and respected); motivates and motivated; very talented, but lacks emotional restraint, flexibility and understanding; a man with a good heart; very good coach who runs a great program, but can be irrational and temperamental; likes things his way and takes practice very seriously. Research revealed that Coach Gowan is prone to “yell” (raise his voice) at athletes when instructing and discussing methodology to do a particular thing. He typically has a raised voice when athletes are not doing what they should be doing like disobeying the rules; being disrespectful or disrupting practice, ‘While the aforementioned descriptors capture the positive and negative qualities of Coach Gowan as perceived by others, what is more poignant than anything else, in this matter, is how the athlete felt after interacting with him. There is no question that Coach Gowan lives and breathes Cross Country and ‘Track and Field and expects his athletes to do the same. To that end, itis clear that there are instances ‘where he uses an athlete to set an example so others can lear from their mistakes; however, he should also be mindful to what degree he is using that athlete to teach the lesson. If it results in the athleteJoAnne Suggs-Adams Uctober 5, 2015 Page 6 feeling dehumanized, it is not okay. As an educator, Coach Gowan is held to a higher example and should be keenly aware of how his actions and inactions affect others — particularly children - students and athletes. His penchant to control his athletes’ and sometimes go overboard in his reprimands and examples should be tempered with a little more tact. Because others who have endured such treatment hhave not complained does not make the behavior acceptable. Some degree of sensitivity should be exacted in each example he offers up to his students and athletes. This Officer is concemed about Coach Gowan's blatant disregard for one’s need to me mindful of the time so that they can do other things ~ be it job related or another event. The fact that he exhibited total "gard for the complainant's other obligation (job) and an inflexibility in sharing information at a ‘time more amiable with both their schedules, renders his behavior inexcusable. Although, others find it an inconvenience, but have leamed to “deal with it” does not make it okay to dismiss their circumstances beyond Cross Country or Track and Field. Openly sharing his objection to one having a Job and following up with actions to support his disapproval, contributes to an atmosphere that can be disconcerting, Complaint 2 substantiated. Complaint 3: Retaliation Evidence shows that Coach Gowan takes detailed notes of his running groups, and their taining routines. It is a practice of Coach Gowan to move students fluidly through groups based on how well they perform; if they are returning from an injury or illness or if they have been away for a period of time and he is not cerain about their running regimen. This way of work, is so that he can limit any Potential injury to the athlete as well as get a good handle of the training routine he would employ with them. ‘, asserted that Coach Gowan moved her down a group after she went : however, the evidence indicates that fan with the same group of students that she ran with prior to going on her college visit. The records indicate that she was in fact ‘moved up a group by August 8, 2015. In March 2015, and her mother Jo-Anne Suggs shared with the Lawton Chiles ‘administration that Coach Gowan told her that she was not a lady and compared her and her boyfriend {0 others. Research and interviews revealed that Coach Gowan is meticulous in his record keeping and is very observant. When he sees that an athlete is not performing at his/her level ofa he pulls them aside and talks with them about distractions and what he requires from them to give him maximum effort. Team members were talking about “hickies” on neck and Coach Gowan Stepped in and had a conversation with her. Coach Gowan expressed that he felt embarrassed for her and shared that the behavior was “not lady-like”. He also asked that she did not ride to practices ‘with her boyftiend because it would be a distraction during practice. While no one heard the conversation, Miss, + aad with Coach Gowan, it was herself, who shared with her teammates that ‘she was told that she was not a lady by Coach Gowan. Coach Gowan had a similar conversation with another student because he saw the decline in their performance and felt it was due to dating a member of the team which caused the athlete to lose focus. After the student complied with Coach Gowan's ‘advice, the athlete saw a mark improvement in performance and skill level. This Officer finds that it was reasonable to bring to S attention that the appearance of “hickies” on her neck was being discussed by her teammates. While the conversation may have been aJoAnne Suggs-Adams October 5, 2015, Page 7 difficult one to have because of the nature of the subject, it required an immediate intervention because it was causing a disruption to the climate of the Cross Country program at the time. Moreover, the ‘complainant. having left the team for one week after this incident, decided that she Yanted to be a part of the program and was allowed to come back and participate without reprisal Complaint 3 unsubstantiated. Complaint 4: Unfair Treatment serts that Coach Gowan shows favoritism on the team and that not all members are \weated equally. Research indicated that Coach Gowan’s desire is to pull the best out of each athlete. He has high expectations and maintains @ very strict sports club. Evidence shows that he puts in on insurmountable amount of time to work with athletes who are injured; and makes sure they adhere to a stringent regimen to perfect their craft. Several athletes have shared that he is a coach unlike no other that they have had before and at first did not like his way of work; therefore they bucked against his System. However, when they followed through on what Coach Gowan told them to do and benefitted by enhanced performance, they acquiesced and developed a camaraderie with Coach Gowan. A coachable athlete is an individual who is willing and open to feedback. That is one of the tenets to building a good relationship between an athlete and coach. ‘Coach Gowan asserts that if an athlete is not well, he would like them to come out and watch the practice and hear his talks so that they can pick up on tips to help their performance. Many have shared that Coach Gowan has stated time and again that, “If you can come to school, you can come 10 ‘can be counterproductive. With that in mind, Coach Gowan should examine the degree to which he ashes each athlete. This Officer has considered the intent to which Coach Gowan had the complainant Sit at practice while sick and have determined that he really thought that it would benefit her i some way because of his is however, although his intention was to ascertain positive results, this manner of operation needs to be changed. Complaint 4 unsubstantiated. Complaint $: Public Humiliation ‘The complainan ‘T has maintained that she had been publicly humiliated on several ‘occasions by Coach Gowan. More specifically, she had been made to do push-ups in inclement weather and on gravel in front of onlookers as well as called out as alia. A review of these assertions resulted in the fact that push-ups were assigned to students when they have not followed the rules or have been disrespectful in some way. In the instances provided as examples, = T and team members were made to do push-ups when they were late toa practice which demonstrated lack of planning: did not concentrate during practice, but instead decided to disengage her focus and pose for a picture that Was taken by a parent. In the matter of being called a liar, there were no witnesses to sustain Satement. Although being a recipient of a scolding and a subsequent consequence, the complaint knew the more acceptable behavior to display on each occasion, but chose to do differently. Complaint unsubstantiated.JoAnne Suggs-Adams October 5, 2015 Page 8 ‘Complaint 6: Miscellaneous Complaints Several unsolicited letters and emails were received regarding Coach Gowan’s negative interactions with parents and students. The extenuating circumstances in each instance offered up as an example has its nuances and were not used to make a determination for the allegations outlined in this case. In the example provided that Coach Gowan yelled at a parent, the individual shared that she was wrong. for distracting the athletes as their main purpose for being at the camp was to focus on their sport, Additionally, she stated that she is one to cry easily and one should not think anything of it. The parent further stated that she understood Coach Gowan’s need to have the athletes maintain attention on the sport and she was sorry for diverting their attention. The assertion that the boys’ Cross Country team bullied the girls’ Cross Country team via social media could not be corroborated with anything substantial (evidence). Via unsolicited emails, individuals shared that they did not have anything to substantiate these claims. Evidence shows that Coach Gowan actively sought a scholarship for -> in the same manner as he did for his other senior athletes. During the summer, potential scholarship for the University of West Florida was discussed wit! ather. However, her parents wanted to keep their options open for something closer in the area of North Carolina becaus’ and her mother, JoAnne Suggs planned to relocate there. The discussion regarding finances came up as a result of Coach Gowan drawing a comparison to instate cost versus out-of-state cost. Complaint 6 — Miscellaneous Complaints unsubstantiated. Other Findings ‘Throughout the review of these allegations the complainants shared Facebook, Group Chats and Instagram postings that they deemed as insensitive, bullying and harassing. On each occasion, the matter ‘was reviewed and the allegation was not sustained. ‘In the matter of the Group Chat where several of the female Cross Country team members were talking about saving their coach and suggested buming the school and » situation was reviewed and it was determined that there was more to the Group Chat thread than what was previously submitted as evidence to this Officer and the Sheriff's Department. The young ladies self-corrected and apologized to the complainant Mrs. Suggs-Adams ‘maintains that the apology was due to another athlete bringing the inappropriate comments to the {female athletes’ attention and it should have been done in person. Nonetheless, the Chiles High ‘Schoo! Principal immediately addressed the matter and it was shown that the girls apologized to i a * Inthe matter that it was alleged one of the female athletes had “#pleasedontburnme” posted to her Instagram account, this issue was reviewed and investigated by the Chiles High Schoo! ‘administration. It was determined that the posting was on the site ofa friend of the athlete and she had no jurisdiction over another person’s site. the issue of social media etiquette was brought to bear, the fact remains that a Leon School Distrit student did not violate any policies. * Twas brought to the atention that the one ofthe current coaches of the Cross Country team posted that she wanted to make Coach Gowan proud. The complainant claimed that she wasJoAnne Suggs-Adams October 5, 2015 Page 9 ‘outright supportive of the accused and it purposefully sent the wrong message to those who knew of his interactions with complainant. ‘his Officer determined that the posting was not malicious. The current coach simply wanted to keep the climate of @ State Championship team intact. ‘+ In the matter of several posting on the part of the complainant, JoAnne Suggs-Adams where she openly voiced her thoughts about another female athlete and others, she was asked to refrain from these postings as they were a disruption to the team and the learning environment of Chiles High School. Mrs. Suggs-Adams respectfully acquiesced and stop the postings. Germane to this ease is Policy 4380, Respect and Civility in the workplace. See attachment. Coach Gowan is held to a higher standard as an educator and should model the expectations of the Superintendent and the School Board. No one can refite that Coach Gowan is a “winning coach” and Creates many athletes that have gone on to do some great things both within and outside the community of Tallahassee. However, he has a larger responsibility to respect each athlete within his program and Cxamine the boundaries for which he should operate. Maintaining this level of accountability would help him to establish the framework for interacting with his student athletes. {This Officer is mindful of the passion and fervor exhibited by Coach Gowan for his respective program; however, certain deliberate actions cannot be simply overlooked in the name of “winning”, Itis at this Juncture that a couple of the allegations brought forth in this case was determined to be substantiated based on the indifference executed on the part of the accused. the recommendation of this Equity Officer thatthe following be addressed and/or implemented: ‘ An immediate apology be given _ rand her parents, ‘® A letter of reprimand and/or notice of improvement given to Scott Gowan based on his interactions with the Texas Roadhouse restaurant. % A referral to the Employee Assistance Program for interpersonal relationships ‘© Create and maintain a handbook for the Cross Country and Track and Fic! clear what the expectations are for participati i baths and recommendations for getting iron ‘and updated as needed. Have each athlete view and sign-off on the District approved hazing video. ‘The Cross Country and Track and Field programs should be fully staffed at all times Administration should periodically monitor Coach Gowan’s classes and sports programs for compliance with interacting appropriately with stakeholders. eeJoAnne Suggs-Adams October 5, 2015, Page 10 In summation, this Officer strongly recommends that the Superintendent or his designee convene a committee to review and implement the recommendations set forth in this case as soon as possible. Creating a team would help to ensure that a better climate for the coach and athletes would be realized ‘and situations like the one that occurred in this matter would be nonexistent. The aforementioned ‘matters set forth in this case, 1516-001-H, is now rendered closed. Sincerely, KG Kathleen L. Rodgers, Ph.D. - Divisional Director Equity Officer and Title IX Compliance Coordinator Intervention, Equity and Support Services cc: Scott Gowan, - Cross Country and Track and Field Coach, Lawton Chiles High School Joseph Burgess, Principal — Lawton Chiles High School Mike Eto, Athletic Director ~ Lawton Chiles High School Ricky Bell, Districtwide Athletic Director Randy Pridgeon, Ph.D. ~ Divisional Director — Secondary Schools Jackie Pons, Superintendent File— Intervention, Equity and Support Services ‘Attachments,