How will Christina Barton's expulsion from the Rochester teachers union impact her standing in the district?

May 24—ROCHESTER — Following the expulsion of a school counselor from the local teachers union, a number of questions have surfaced: was there standing to do so, and how will that change her relationship with the district moving forward?

The Rochester Education Association suspended Christina Barton's membership on May 8 after the school counselor repeatedly challenged the district's guidelines regarding transgender and gender-expansive students. Barton then shared a letter of her expulsion from the union with the organization American Experiment, which published it on its website.

"REA is concerned about recent actions you have taken, including but not limited to, a lengthy YouTube interview where you mischaracterized Rochester Public Schools policies and practices regarding LGBTQ+ students, spoke negatively of fellow union members, and spread misinformation about transgender youth," the letter from the union said.

The letter went on to say that Barton had violated the National Education Association's code of ethics Principle 1, specifically parts two through five, which state that adherents:

* Shall not unreasonably deny the student's access to varying points of view.

* Shall not deliberately suppress or distort subject matter relevant to the student's progress.

* Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.

* Shall not intentionally expose the student to embarrassment or disparagement.

During the 80-minute YouTube interview, Barton touched on several issues related to the district's guidelines.

Throughout the interview, Barton emphasized her belief that the guidelines were not accessible to the public, parents, and even staff members except for a select number of administrators. She spoke emphatically about the importance of sharing information about children's gender identity with their parents, regardless of whether they proactively ask for it.

Although much of the video focused on the district's decisions on the issue, she also spoke about the students themselves and what she sees as the possible fallout from the implementation of the district's guidelines.

In one section, she spoke about brain development in children and how that process isn't complete until the age of 25. Within that context, she said, children do not have the judgment to realize that their choices can "have consequences later in life."

During another point in the conversation, she spoke about what she perceives to be the potential negative consequences of allowing youth to join activities of the opposite gender, such as in sports or any sort of overnight school trip.

"Is the district really ready for the lawsuits that could come as a result of a student being impregnated, a student being raped, a student being injured, a student being bullied because of this?" Barton said. "It really does put the students' safety at risk."

REA President Vince Wagner said Barton's comments amounted to denying transgender students' identities by disparaging who they are, and that they subject transgender youth to embarrassment and ridicule.

"I think her statements have created a condition that's harmful to learning," Wagner said. "To hear somebody deny their own identity, that can be harmful to them personally."

The union's letter also states that Barton spoke "negatively about fellow union members." Although she said she had been warned by the union not to bring the issue to the public, she did not mention any union members by name.

She did, however, mention Rochester Public Schools Superintendent Kent Pekel by name, claiming that by keeping the district's guidelines hidden, he was fracturing trust with the community. She also contrasted his leadership on the issue with his writing on the importance of ethics before his time in Rochester.

"Now here's my question for him," Barton said, referring to Pekel. "If this is the principle that you write about and believe it, then why aren't you practicing what you preach by being forthcoming with staff, parents and the community with this guideline?"

Barton did not respond to a request from the Post Bulletin for comment.

The constitution of the Rochester Education Association speaks to the organization's ability to discipline its members for violating the National Education Association Code of Ethics, the document the union referenced in its letter to Barton.

It also says members have the right to appeal that decision with Education Minnesota, the statewide teachers union the local branch belongs to.

In part, the REA's constitution reads:

"The Rochester Education Association Executive Board shall, after a member's due process rights have been observed, have the power to censor, suspend, or expel a member for violation of the National Education Association Code of Ethics of the Education Profession or other sufficient cause. The member shall have the right to appeal any adverse decision to the Education Minnesota Board of Directors or, failing there, the National Education Association Review Board."

Even though the REA's constitution allows the organization to censor its members, the contract between the REA and the school district spells out some of the rights union members have. Article 30 of that master contract covers Principles of Employment and says, in part:

"The District and the Association agree that in the course of employment all teachers shall be entitled to ... equal employment opportunity, full political rights, freedom of expression, due process, freedom of association, and religious freedom."

On Tuesday, May 7 — the day before the meeting at which the REA executive board voted — Barton spoke at the district's school board meeting.

"I am free to criticize school policy and question guidelines if I feel it violates mine or others' constitutional rights," Barton said.

Although they don't have an official part in the situation, Barton has a vocal group of backers from within the community who have repeatedly rallied to her side with their own public comments.

Prior to her expulsion from the union, the district sent Barton a "non-disciplinary letter," which referenced the interview Barton gave to the media outlet Alpha News. The letter, sent April 22, said, contrary to Barton's claims, the district's guidelines regarding transgender and gender-expansive students "are not being hidden."

During her May 7 comments to the board, Barton challenged the district's assertion that the guidelines were not hidden.

"I'd like to propose a few questions in response to the board and to the community," Barton said. "What would you call a guideline that is not publicly acknowledged and accessible?"

Barton will still benefit from the Rochester Education Association since the union advocates for the conditions of all teachers and counselors, regardless if they're members. The contract between the district and the union allows members to have a representative present when being disciplined. The language of the contract reads:

"A teacher shall be entitled to have present a representative of the Association when being reprimanded, warned, or disciplined, for any grievous infraction of rules or serious deficiency in professional performance. The affected teacher may request that Association representation be present. When a request for such representation is made, no action shall be taken with respect to the teacher until such representation is present."

When asked on Monday, May 20, the RPS human resources department declined to comment about Barton's relationship with the district.

However, Wagner clarified that even non-union employees are still entitled to have union representation at a disciplinary meeting, but it will not be the same as it would for a member in the same position.

"That representation's going to look different. ... They will not be there to counsel that person, offer suggestions, provide advice, and so on," Wagner said. "In the case of a non-member disciplinary hearing, we're really a third party kind of serving as a watchdog on the district to make sure they're following due process."