On October 20, 2009, the U. S. Department of Education, Office for Civil Rights, Dallas Office ("OCR") issued a letter notifying the Jackson Public School District ("JPSD"), located in Jackson, Mississippi,  that it was opening for investigation allegations the JPSD discriminates on the basis of sex by falling to provide equal athletic opportunities to female student-athletes.

At the date of OCR letter, Charles D. Collins ("Collins") was in his third year as head baseball coach for Callaway high school.  Collins assisted parents with the writing and filing of the complaint.  Collins subsequently participated in the on-site investigation by OCR in May 2010.

In July 2010, OCR opened for investigation allegations that the JPSD retaliated against Collins in violation of Title IX and its implementing regulations.  OCR Attorney Tonya Gentry ("Attorney Gentry") was the assigned investigator.

Attorney Gentry's investigation centered around three retaliatory acts: (a) Collins' 2009-10 evaluation; (b) His HR complaint; (c) His transfer from Callaway HS.  On December 6, 2010, OCR issued findings concluding insufficient evidence that JPSD retaliated against Collins.

However, Attorney Gentry knew (1) Collins engaged in protected activity; (2) JPSD took adverse actions against him; (3) a connection existed between the protected activity and adverse actions.  First, in a November 10, 2010 email to JPSD Attorney JoAnne N. Shepherd ("Attorney Shepherd"), Attorney Gentry asked for claraficiation about discrepancies and offered to discuss a voluntary resolution agreement without the JPSD admitting any guilt.

Second, Attorney Shepherd and the Assistant Superintendent of High School, Dr. Greta Terry ("Dr. Terry") were recorded on November 29 and 30, 2010 making false statements to Attorney Gentry about Dr. Terry's official duty to transfer employees.

Third, the HR Director Carolyn Dorsey wrote a false letter to justify not processing Collins' HR complaint. No independent documentation was obtained by Attorney Gentry to corrobarate the letter.

Fourth, around the time of Collins transfer, another retaliatory act occurred.  On August 3, 2010, then Callaway HS principal Clinton F. Johnson used a fabricated document to falsely accuse Collins of criminal acts and filed a report with the Jackson Police Department.

Fifth, Attorney Gentry's December 6, 2010 letter of findings is inconsistent with emails, documents, interviews notes Colins obtained through the Freedom of Information Act ("FOIA"), and the JPSD policies.

OCR's negligence harmed Collins!

Furthermore, Attorney Gentry conducted an interview with Dr. Terry on September 22, 2010.  Based on information and belief, Dr. Terry raised the false criminal allegations against Collins during the interview, and such allegations were mistakenly disclosed in June 2013 – over one year after JPSD terminated Collins employment in April 2012.  Dr. Terry interview notes have never been disclosed to Collins despite his multiple requests.

Today, OCR continues to conceal Dr. Terry’s interview notes contrary to the Privacy Act and the FOIA establishing the public right of access.  More importantly, Collins deserves to verify facts and other information from OCR's investigation.

Collins therefore asks for your support through this petition for Dr. Miguel Cardona to (1) disclose Dr. Terry's interview notes and (2) hold JPSD accountable for its Title IX retaliations.