A 228-page report detailing the findings of a second investigation into employee allegations of bullying and intimidation against Traverse City Area Public Schools (TCAPS) Superintendent Paul Soma was released to the public Friday – clearing Soma of any violations of law or district policy.

TCAPS board members first reviewed the report by Rehmann Corporate Investigative Services in closed session at their Monday board meeting, publicly voting afterward to accept the firm’s findings clearing Soma and to affirm his authority within the district. But the report itself was not made available to the public or media until Friday afternoon.

Rehmann completed the report following a three-month investigation into complaints by the Traverse City Administers Association (TCAA) – which represents district principals and vice principals – that Soma bullied and intimidated female principals and created a hostile work environment based on gender, and that executive team members engaged in retaliatory behavior against employees who complained. The allegations constituted a potential violation of Title VII of the Civil Rights Act of 1964, the federal law prohibiting employers from discriminating against employees based on gender, among other factors. TCAPS is legally required to investigate such claims, and hired Rehmann in March to investigate the allegations.

Rehmann’s report details numerous interviews with both current and former TCAPS administrators about the complaints. The firm noted that while some accusations were leveled specifically against Soma, others were against prior executive team members no longer employed by the district. The TCAA alleged, among other complaints, that female administrators were reminded by Soma that he was their superintendent and that they owed their jobs to him, questioned the loyalty of administrators who challenged or offered differing viewpoints to Soma’s, and used disciplinary investigations and shorter-term contract offers as intimidation tactics.

But in each of the alleged instances of gender discrimination, Rehmann found that Soma or other executive team members' behavior did not constitute a Title VII violation, and that evidence indicated male and female administrators were treated equitably by the district. “Many of the issues raised had been raised by TCAA members previously and NOT cited as gender-based discrimination at those times,” the firm found. “Many of the issues raised as possibly gender-based were examples provided by both male and female administrators and are more accurately defined as misbehavior on the part of executive team members or argued as within the proper oversight role of the executive team.”

Rehmann's investigator continued that “independent evidence counters claims of gender discrimination” by Soma. The report found the superintendent “has promoted a number of females during his time, and his executive team staff contains females in positions of authority, one of whom…provided many positive comments about his leadership. Survey results for the district do not support assertions of disparate treatment or (a) hostile environment.”

Rehmann also said it could find “no evidence of an adverse action taken against any TCAA member due to the filing of a complaint,” adding that while many administrators cited fears they would be transferred as a retaliatory action for speaking out against Soma, involuntary transfers had rarely occurred and that many transfers involved promotions. “It was striking to this investigator the majority of the complaints received by administration concerning involuntary lateral transfers described a ‘fear’ of a potential transfer, rather than an actual transfer itself, or even the true threat of one,” the report states.

While the report clears Soma of gender discrimination, it does so by noting the superintendent has had tense interactions with employees of both genders - not just women. “It is clear (Soma) has a passion for his work and a tendency to engage in combative verbal interactions with subordinates and staff, most particularly members of the administration. However, it is clear to me that he was combative with both men and women,” the investigator wrote. “I did not find that he was more combative with one gender over the other…a preponderance of the evidence indicates he has utilized terms such as ‘disloyal’ when addressing administrators or discussing them with others.” The investigator added: “Usage of such terms is more of a personality characteristic than evidence of discrimination.”

In response to the report’s findings, Soma tells The Ticker he is “happy that the process is over” and that the conclusion there were no violations of law or policy was the outcome he “expected.” In regards to Rehmann’s determination Soma has combative interactions with employees of both genders, the superintendent notes he was not extensively interviewed for the report or permitted to respond to claims in the document, and so the findings were “reached by talking to one side.” But he adds: “I’ve never claimed to be a perfect human being. I absolutely have room for growth and improvement, always. This just happens to be a very visible (situation). I’ll use that knowledge (from the report) to help inform the way I handle myself professionally and as a basis for healing going forward.”

With two separate investigations into Soma finding no evidence of wrongdoing – the superintendent was also cleared in a January report by David Revore of legal firm Bauckham, Sparks, Thall, Seeber & Kaufman P.C. on three unrelated administrator complaints – board chair Erik Falconer says he has “full confidence in (Soma) as our superintendent and his ability to lead the organization going forward and his being the right person to do that.” Falconer says that as part of the board’s three-year contract extension offer to Soma this spring – which the superintendent accepted – board members spelled out their expectations Soma would improve communications and relationships with administrators, a problem area outlined in Rehmann’s report.

“I don’t think it’s acceptable to the board that a bargaining unit has the perceptions that have been expressed,” Falconer says. “We’ve indicated to Superintendent Soma that our expectations are we will see him make efforts and progress in that area. But I will say that I expect Soma will be successful in that, as he’s been in directives the board has given him in other areas.”

TCAA President Ryan Schrock says his association is "not really surprised" by Rehmann's findings, saying administrators didn't set out to prove Soma acted illegally but rather that there were leadership issues in the district and concerns with "how some principals were being treated." Schrock says a committee of TCAA and executive team representatives have been meeting to work toward resolving their issues, and that a joint meeting with a leadership coach this week helped sharpen everyone's "skills with handling conflict."

Schrock says he doesn't foresee any additional complaints coming from TCAA against Soma, barring any new incidents. Instead, the two sides will likely continue to work to identify clear policies and procedures they can use in addressing conflicts, then delve into resolving individual complaints. "We’re going to have to be vulnerable in sharing our perspectives and taking time to understand the other side of the story, which is what we teach students in our schools," he says. "I definitely think we're moving in the right direction...but it's not something that'll happen quickly. The healing process takes time. The fact we're making positive steps is a relief, and I've seen a new energy in our membership I haven't seen in a few months."

Soma - who says he has "no plans to leave the district" - confirms he also wants to work “collaboratively” with administrators going forward. “I think it’s about a direction of reconciliation and coming together around the important work we as a school system have to do," says Soma. "I look forward to a positive future with TCAPS."