Board sends Dumas coach case back for hearing

LITTLE ROCK — The state Board of Education voted 6-0 Thursday to send the case of a teacher/coach accused of texting a racially hateful message for a full evidentiary hearing by a subcommittee of the Professional Licensure Standards Board.

In directing a full hearing be held by a state panel, the Education Board rejected an earlier agreement between the licensing board and Bobby Max Pennington that Pennington be placed on probation for two years, pay a $250 fine and participate in five training programs.

Pennington, who is white, was at the time of the text message a coach and dean of students at Dumas New Tech High School. He sent a parent a text message in May 2019 saying “I hate” and used a racially derogatory term, members of the Dumas community had told the Education Board in August 2019. Pennington followed that text with a second text to the parent saying, “Oh my God, I meant beggars.”

Recommended by the Dumas superintendent to the local school board for firing, Pennington was instead suspended by his district from work for 100 days, assigned to be an elementary school physical education teacher and, while he remained the district’s head football coach, he didn’t coach in the first five games of the most recent season. He’s no longer dean of students at the high school.

Pennington was also reported to the Arkansas Division of Elementary and Secondary Education on a possible violation of the state’s code of ethics for educators.

The Education Board on Thursday had the option of accepting the recommendation of probation and other penalties or sending the case back to the Professional Licensure Standards Board panel for a hearing of the accusation Pennington violated the state’s code of ethics for educators. If confirmed, violations can result in penalties ranging from written reprimands to the revocation of a teacher’s state teaching license.

The Professional Licensure Standards Board Ethics Subcommittee makes recommendations for enforcement of the code of ethics to the Education Board, which has the final authority to accept, reject, or modify the recommendations in its final orders.

Greg Alagood, Pennington’s attorney, initially asked the Education Board members to recuse from taking any action regarding Pennington because of the members previously listening to community member complaints about the Dumas coach — at earlier board meetings and in the Dumas community.

Board members declined to recuse, prompting Alagood to ask them to approve the twoyear probation agreement proposed by the licensure board and accepted by Pennington.

“What are you going to do if you remand it and it comes back to you with a recommendation from the hearing panel for a more lenient sanction than what is before you now,” Alagood said. “I submit to you that a two-year probation is commensurate for this case and I’m strongly encouraging this board to go ahead and approve the PLSB recommendation.”

The attorney said the state agency sent three investigators to Dumas on the case where they interviewed 12 people, surveyed 36 students, and compiled a 35-page report with 255 pages of supporting documentation and 72 pages of student surveys.

Board member Fitz Hill of Little Rock, who attended two Dumas community meetings about the issue, said Thursday he couldn’t support the proposed penalties for Pennington. He said he had concerns about the fact Pennington continues to have supervisory authority over students despite the concerns of parents.

“I’m all about restoration and rehabilitation,” Hill said. “But based on the first-hand knowledge I have of this case, we are not doing what we are supposed to do in the guidance and governance of our students.”

Board member Charisse Dean, also of Little Rock, echoed Hill’s concerns.

“It’s important to a community that all feel safe and feel as if their voices have been heard,” Dean said. “I think we do need to go through the process,” she added.

Those voting for the referral of the matter to the agency subcommittee for a hearing were Hill, Dean, Susan Chambers, Kathy McFetridge, Sarah Moore and Ouida Newton. Diane Zook as the board chairman doesn’t vote unless there is a tie. Brett Williamson was absent.

“I’m all about restoration and rehabilitation. But based on the first-hand knowledge I have of this case, we are not doing what we are supposed to do in the guidance and governance of our students.” — Arkansas Board of Education member Fitz Hill