Although the school district denied it violated the state's Human Rights Act and admitted no wrongdoing, it paid Merritt $25,000 in a settlement finalized in July by the Minnesota Department of Human Rights. The agency said its investigation found sufficient evidence that Merritt "had been subjected to unwelcome harassment" by Cleveland and another teacher, Walt Filson, and that the harassment forced the student to transfer to another school.
...In reaching its harassment finding, the state human rights department never interviewed Cleveland or Filson, nor did agency investigators interview any of the students who might have witnessed the alleged incidents.
Instead, the department relied on the investigation conducted by DeAnn LaValle, director of employee services for the Anoka-Hennepin School District. Records show officials spoke to Cleveland twice with a union representative present, and Filson once without union representation.
The teachers claim that in those meetings, they denied the student's allegations. But it is unclear whether the Department of Human Rights knew that the two teachers disputed the student's claims.
Jeff Holman, a spokesman for the agency, said such information is part of the investigation and state privacy laws prohibit the department from talking about it.
Holman said there was no need for the agency to investigate the teacher's claims because it was looking only into whether the district had violated the Human Rights Act, and the agency concluded there had been a violation, based on the district's own admissions.
"Because the district's own investigation had determined the comments were made, the Department of Human Rights had no need to prove what the district had already admitted," he said.
But Filson, who spent nearly three decades as a police officer before becoming a teacher, said he believes it is unfair that the human rights department issued a report accusing him of wrongdoing when it had never interviewed him.
"The accusations are false," Filson said in an interview with the Pioneer Press in his first public comments on the matter. "The Department of Human Rights never spoke to me or the other teacher, or the other students in the classes. In 28 years in law enforcement, I don't think I ever closed an investigation without at least attempting to talk to the accused."
Filson taught law enforcement and Cleveland was a social studies teacher. Both are on voluntary unpaid leaves.