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Keith Ervin

School board member censured for allegedly making lewd gesture in classroom

By Heather Richardson
Press Staff Writer
hrichardson@johnsoncitypress.com

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A Washington County school board member has been censured by the board for his recent actions at a county school campus and has been, for the remainder of his term, prohibited to enter any school campus in the county without proper supervision.

The Board of Education met for a called meeting at David Crockett High School to discuss and take action on an ethics investigation of allegations against board member Keith Ervin.

At the meeting, Director of Schools Ron Dykes reported to the board that an allegation of inappropriate conduct had been made on Oct. 5 against Ervin by a staff member of David Crockett High School. Being out of town at the time, Dykes asked secondary supervisor Bill Flannary to investigate the incident. Flannary interviewed the principal and four teachers of the high school. He reported to Dykes that Ervin had entered a Crockett classroom and was observing a discussion between a teacher and approximately 15 students.

“During the classroom discussion a student made a comment about that student’s current job stating he was earning $8 per hour,” Dykes told the board. “Mr. Ervin then made a lewd, juvenile gesture of a sexual nature in reference to that student’s comments. Mr. Ervin made the gesture in plain view of the entire class and two teachers.”

Dykes said it appeared that Ervin was not familiar with the student. The investigation also revealed that the student, the student’s classmates and the teacher were “stunned by Mr. Ervin’s behavior.” That student was later privately counseled by the teacher.

During Flannary’s investigation another teacher at Crockett claimed that Ervin had used profanity in front of his students on multiple occasions. That teacher also stated that Ervin had harassed him on more than one occasion as well.

Dykes met with Ervin immediately following the investigation and informed him of the allegations against him.

Dykes said Ervin admitted to making the lewd, sexual gesture and using profanity in front of students but denied ever having harassed the teacher.

“I told Mr. Ervin that this inappropriate behavior was unacceptable and wouldn’t be tolerated,” Dykes said. “He was instructed to stay away from all school campuses unless he was there for official purposes and had to notify the principal in charge of the building of his presence. I reminded him of the proper procedures to follow when entering the school campus. I refreshed his memory of the duties and responsibilities of a school board member and made it clear to him that under the law and within this administration he had no power, status or authority beyond a citizen of the public when the school board was not in session.”

Ervin apologized to the board and the school system for his actions.

“I shouldn’t have said what I said in front of the kids. I guess I was just trying to act like I was 18 again. They were talking and I just joined in with them. You know, it was a mistake. I made a mistake. And that’s all I can say.”

Ervin again denied allegations of harassment by the Crockett teacher.

“The teacher issue — I’m just blown away that this has happened... If he is concerned for his job, I can’t pick his job. The director does that. As far as his outtake, I deny everything on that. I just want the kids to be able to talk to me. I never would have believed that this one child would have been upset with me.”

School board member Dallas Hardin asked County Attorney John Rambo to explain what courses of action the board could take now that the investigation is finished.

“The first option, as always, is to do nothing and I don’t know that that would necessarily be the best course of action,” Rambo said. “The second is our ethics policy calls for you to have a public censure which does not affect the school board members current role or affect his official capacity as a school board member. It is just a statement of the Board of Education that we believe what happened is wrong.”

Rambo said another option would be to dismiss Ervin from his seat on the board.

“I don’t think, from anything that I’ve heard, that it rises to that level. Those circumstances are something more along the lines of stealing or really egregious behavior as opposed to making a lapse of judgment or poor judgement at the time.”

Rambo said that with whatever course of action the board decided the message should clearly be made to the students and teachers involved that Ervin’s actions were made individually and not on behalf or involving the board as a whole.

Following discussion among the board, Chairman Phillip McClain made a motion that the board “repudiate the actions of Mr. Ervin and that we censure Mr. Ervin for his wrong conduct.” McClain also added that Ervin should be “prohibited from coming upon campuses of this school system outside of public functions such as athletic events and graduations, official school board meetings such as this one and official investigations, tours or fact finding trips to schools arranged and scheduled by the Board of Education or administration unless Mr. Ervin is accompanied by a senior member of the school administration or central office.”

That motion was seconded by board member Todd Ganger and unanimously approved by the board.