Protecting Georgia's Higher Standard of Learning October 11, 2024 Damon Andrew Raines 193 Playhouse Drive Ringgold, GA 30736 RE: # 24-9-430 Dear Dam on Raines: Ge:.<>~ Profes.gonal Standaros Co~on The Professional Standards Commission reviewed your letter concerning the matter of Mr. Damon Andrew Raines and the possible violation of the Code of Ethics for Educators. Please be advised that the Professional Standards Commission carefully reviewed the complaint and determined that at this time no investigation is warranted in this matter. The allegation has been remanded to the Chairman of the Walker County Board of Education for review and follow up upon the conclusion of its local investigation of this matter. Sincerely, £lU{J{,W) -11~ Laurin Vonada, Director Educator Ethics Division Professional Standards Commission Ethics Dh ~s ion · 200 Piedmont Avenue, Suite 1716 · Atlanta, Georgia · 30334-9032 · Phone (404) 232-2700 • Fax (404) 232-2720 Protecting Georgia's Higher Standard of Learning January 10, 2025 Mr. Damon Andrew Raines 193 Playhouse Drive Ringgold, GA 30736 Re: Case# 24-10-650; Certificate# 340153 Dear Damon Raines: Geo · Professional Stan~ C.Ommission The Georgia Professional Standards Commission ("Commission") is charged with the investigation of matters involving violations of any law or the Code of Ethics for Educators in Georgia and the discipline of educators and persons applying for certification who violate the law or the Code. On January 9, 2025, the Commission reviewed the investigation into allegations that you violated the Code of Ethics by allegedly participating on misconduct and determined that there was no probable cause to take disciplinary action against your certification. i' iy O.C.G.A. § 20-2-984.5 (e), your Ethics case has clo~ed and the corresponding e expunged. Please keep a copy of this letter in a secure location for reference plying for certification or employment in the future. ! ~ ~ Shoul jC ou have any questions regarding this matter, please contact David Pumphrey, Chief Inve ·' tor, Educator Ethics Division, at (404) 232-2700 or (800) 537-5996. Sincer ' , VJ, l;. .A/4 O)~v~ Laurin'Vonada, Director Educator Ethics Division i LV: tt Ethics Division · 200 Piedmont Avenue, Suite 1716, Atlanta, GA 30334-9032 · Phone (404) 232-2700 · Fax (404) 232-2720 ' ! I. ' WILLIAMS OINONEN, LLC -Civil Trial Attorneys- December 6, 2024 Sent via email to Gina.Ahlberg@gapsc.com: Ms. Gina Ahlberg Georgia Professional Standards Commission Ethics Division 200 Piedmont Avenue. Suite 1712 Atlanta, Georgia 30334-9032 Re: Damon Andrew Raines, PSC Case No. 24-10-650 Dear Ms. Ahlberg: As you know, our law firm represents Superintendent Damon Raines in this matter before the PSC. Superintendent Raines wholeheartedly disputes and denies these allegations, which were based on a one-sided, biased, misleading report tha t is included as Exhibit I to the attached rebuttal report, investigat ed and prepared by former FBI Special Agent Charles E. McKee , III of Forensic Brothers Investigative Services, Inc. We respectfully request that all charges against our client be dismissed and t hat a no probable ca use finding be rendered. In the event it is not, we request a hearing before the ALJ and a complete copy of the file at the conclusion of your investigation. Please direct all future correspondence to our law firm. I am available if you have any questions and can be reached via email at julie(@.goodgeorg ial awye r. com, copying my Paralegal at mdobbs@goodgeorgia lawyer.com. I can also be reached via my cell at 404-759-1384. Thank you. Sincerely, J ULIE J. OI NONEN 3344 Peachtree Road NE, Suite 800 I Atlanta, GA 30326 I (p) 404 .654.0288 I (f) 404.592.6225 I goodgeorgialawyers.com Forensic Brothers Investigative Services, Inc (FBIS) P.O. Box 753 - Alpharetta, Georgia 30009 Phone : (855) 450-8478 E-Mail: chuck .mckee@fbis-usa . com Web: www.fbis-usa . com November 25, 2024 Forensic Brothers Investigative Services, Inc. (FBIS) was engaged by Williams Oinonen LLC to investigate the specific allegations raised against Client, Walker County Schools (WCS) Superintendent of Schools Damon Raines, outlined in the letter dated October 8, 2024, by Attorney David Lockhart (Exhibit I) and further described in the October 7, 2024, report by Investigator Marcus Veazey (Exhibit 2). The FBIS scope of the work included an interview with Client, collection of documents and related evidence in this matter and a report of Client's defenses. The following report is intended to be a rebuttal to the allegations raised against Superintendent Damon Raines following the release of the report, dated October 8, 2024, by Attorney David N. Lockhart Re: Investigative Report Concerning Damon Andrew Raines and supported by report issued by Investigator Marcus D. Veazy titled Report on the Investigation regarding potential misconduct within the educational environment, dated October 7, 2024, to the Walker County Board of Education (WCBOE). The points raised in the below report are based on information requested and provided from Superintendent Raines, including an interview of Raines which he was not provided prior to the release of the Investigator Veazy report, and other sources. Instead of relying on assumptions and presumptions, as much as possible, the following assertions are based on actual documentation to include emails, official government reports, court records, etc. The section headings below are titled as they appear in Attorney Lockhart's report and are not intended to reflect any assertions or conclusions to be made from this report. FAILURE TO PROTECT STUDENTS FROM SEXUAL CONDUCT FROM TEACHERS CASE NO. 1: Charles Mark McCormack Background: Charles Mark McConnack was a teacher at WCS Chattanooga Valley Elementary from 2002 through May 26, 2016. While serving as a teacher, McConnack had two reports of inappropriate activity of a sexual nature with students with the first being in 20 IO and the second in 2015. Superintendent Raines did not become Superintendent until 2012, therefore the 2010 incident involving McCormack was not the responsibility of Raines. The 20 IO incident was investigated by the Walker County Sheriff's Office and no charges were filed against McCormack due to a lack of evidence. Additionally, the mother of the victim did not want to prosecute. In 2015, another incident was reported to law enforcement involving sexual conduct by McCormack with a st udent in the classroom. This incident was reported to Raines and action was immediately taken by Raines and WCS Director of Personnel Heather Holloway. Again, WCSO investigated the allegations against McCormack and due to lack of evidence no charges were brought against McCormack. The allegations identified below relate to the 2015 incident. Later in 2016, McCormack was arrested, charged, pleaded guilty and was sentenced to serve ten years in prison for producing child pornography from 1997 to 1998, again prior to Raine s' tenure as Superintendent for WCS. Allegation raised in Investigative Report Concerning Superintendent Raines, dated Oc tober 8, 2024, by Attorney David N. Lockhart: a. Mr. Raines not only failed to take action to terminate McCormack's employment or segregate him from students, it appears that he altogether failed to make the mandatory report to the Georgia Professional Standards Commission ("PSC "). Based on the timeline of events related to the 2015 McCormack incident provided by Superintendent Raines and other related documentation, the assertions by Lockhart are not factually supported. Raines was responsive and took actions to eliminate any potential threat to students while also balancing the due process required in instances of allegations against an employee. Upon finding out about the allegations involving McCormack, McCormack was immediately moved out of the classroom and moved to another WCS facility - Advancing Education Center (AEC). Ultimately, no warrants were issued by WCSO for McCormack due to lack of evidence. Therefore, no Georgia Professional Standards Commission (GaPCS) reporting requirements were triggered because no breach of one or more of the standards in the Code of Ethics for Educators occurred. WCS Director of Personnel, Heather Holloway, who was directly involved with the McCormack matter, was in regular contact with the GaPSC Ethics Division while the McCormack investigation was ongoing. The timeline below illustrates the level of communication and involvement by Raines in this matter. Raines kept the WCBOE apprised of the developments in this ma tter as he learned of them. Timeline of Events May 15 , 2012 - Employment contract between Superintendent Raines and WCBOE entered into and with an effective date of July I, 2012. While the allegations of inappropriate conduct by McCormack dating back to 2010 bring in some context to the situation, any action or inaction related to these allegations preceded Raines' employment as Superintendent and therefore should not reflect on his performance as Superintendent. - Source Contract of Employment- Exhibit 3 January 13, 2015 - Initial allegations involving McCormack were reported and investigation started by Walker County Sheriffs Office (WCSO). - Source WCSO Investigation Summary Report - Exhibit 4 2 January 14, 2015 - WCSO notifies Raines of investigation involving McCormack, a kindergarten teacher at Chattanooga Valley Elementary (CVE). CVE Principal Culberson was notified by WCSO and Holloway met with WCSO investigator at school. McCormack notified of allegations by WCSO. CVE Para Pro Dawn Sizemore was interviewed about the McCormack allegations. CVE Guidance Counselor Jose Jimenez was interviewed about the incident involving McConnack. Wood Elementary Assistant Principal Amy Still was interviewed by WCSO. (Note: None of the individuals contacted by WCSO reported these allegations to GaPSC) - Source WCSO Investigation Summary Report - Exhibit 4 January 14 - 16, 2015 -WCS Director of Personnel, Heather Holloway, meets with WCSO on multiple occasions. - Source Raines Timeline - McCormack Timeline - Exhibit 5 January 16, 2015 - Raines meets with WCSO. - Source Raines Timeline - McCormack Timeline - Exhibit 5 January 16, 2015 - Raines sends email to WCBOE informing them of the situation involving the WCSO and will provide updates at the next WCBOE meeting. - Source Raines Timeline - McCormack Timeline (with source document being reference to email) - Exhibit 5 & Exhibit 6 January 22, 2015 - Holloway meets with McCormack and reference is made to him serving at WCS Advancing Education Center (AEC) until further notice/duration of the investigation. - Source Raines Timeline - McCormack Timeline & Raines and Holloway signed statement. - Exhibit 5 & Exhibit 7 April 13, 2015 - WCSO case disposition date - WCSO - Warrants not obtained due to lack of physical evidence. (Note: exactly 90 days from initial reporting date) - Source WCSO Investigation Summary Report - Exhibit 4 January-April 2015 - Holloway was in regular contact with GaPSC Ethics Division during this time frame. Holloway received guidance from GaPSC Ethics Division representatives which helped her form an understanding of her responsibilities as HR Director. - Source Heather Holloway signed statement.- Exhibit 8 May 17 , 2016 - Raines notification to WCBOE of investigation of McConnack by several agencies - Source Raines Timeline - McCormack Timeline (with source document being reference to email) - Exhibit 5 May 18, 2016 - Raines updates WCBOE about more specifics on the investigation and that McCormack is on personal leave status for the rest of the week. - Source Raines Timeline - McCormack Timeline (with source document being reference to email) - Exhibit 5 May 20, 2016 - Raines in email contact with WCBOE regarding McCormack. Raines was at the school and greeted parents and answered questions. - Source Raines Timeline - McConnack Timeline (with source document being reference to email) - Exhibit 5 3 May 25, 2016 - Raines in email contact with WCBOE regarding McCormack and answered questions related to developments in the case. - Source Raines Timeline - McCormack Timeline (with source document being reference to email) - Exhibit 5 July 20, 2016 - Raines is notified ofMcCormack's intention to resign and Raines notifies WCBOE immediately. - Source Raines Timeline - McCormack Timeline- Exhibit 5 January I 8, 2017 - Raines notifies WCBOE of additional updates of new witness regarding McCormack. Source Raines Timeline -McCormack Timeline (with source document being reference to email) - Exhibit 5 June 2, 2017 - Raines notified WC BOE of contact by US Attorney's Office to witness regarding McCormack. - Source Raines Timeline - McCormack Timeline (with source document being reference to email) - Exhibit 5 June 12, 2017 - Raines notified WCBOE of witness interview with US Attorney's Office. - Source Raines Timeline - McCormack Timeline (with source document being reference to email) - Exhibit 5 January 5, 2018 - Email from Director of Personnel, Heather Holloway, to GaPSC notifying them of the guilty plea of McCormack to child pornography production (this is the first trigger that would have risen to the level of contact to GaPSC) - Source Raines Timeline - McCormack Timeline (with source document being reference to email) - Exhibit 9 and Exhibit I 0 CASE NO. 2: Billie Lee Oliver Background: Billie Lee Oliver began teaching at WCS in 1995 and continued until 2022. In 2007 a report of misconduct was made against Oliver by female students in his physical education class. Oliver was counseled by the then WCS Director of Personnel, Craig Davoulas, and a memorandum was placed in Oliver's personnel file. No criminal charges were filed. In 2022, a Ridgeland High School student reported to WCS employee that Oliver had inappropriately touched her on multiple occasions. This allegation was reported to and was investigated by WCSO. Allegation raised in Investigative Report Concerning Damon Andrew Raines, dated October 8, 2024, by Attorney David N. Lockhart: a. it was not until June 23, 2022, that the mandatory report was made. Based on the timeline of events related to Billie Lee Oliver provided by Superintendent Raines and other related documentation, the assertions by Lockhart are not factually supported. Raines was responsive and took actions to eliminate any potential threat to students 4 while also balancing the due process required in instances of allegations against an employee. The timeline below illustrates the level of communication and involvement by Raines in this matter. Raines kept the WCBOE apprised of the developments in this matter as he learned of them. Once Oliver's resignation was approved by the WCBOE, notification was made to the Georgia Professional Standards Commission. Timeline of Events April 13, 2022 - Initial allegations were reported and investigation by WCSO began. - Source WCSO Investigative Summary Report.- Exhibit 11 April 14 , 2022 - Mr Oliver reports to an administrative office and meets with the Personnel Director; remains at this placement (away from students) throughout the investigation by law enforcement. Oliver remains in this location for the remainder of the school year. - Source Raines Timeline - Bill Oliver Time & Raines and Holloway signed statement. - Exhibit 12 & Exhibit 13 April 21, 2022 - Decision to not pursue prosecution was decided by State Solicitor Matt Williams. - Source WCSO Investigative Summary Report. - Exhibit 11 April 22, 2022 - WCSO notifies Heather Holloway of the decision not to prosecute. Holloway to reqμ es t open records from WCSO and to forward documents and recommendation to Raines for employment decision. - Source WCSO Investigative Summary Report. - Exhibit 11 April 25, 2022 - Holloway requests via email open records to WCSO. - Source Holloway email.- Exhibit 14 May 9, 2022 - Raines and other WCBOE Administration met with Oliver and he was told that his contract for 2022 - 2023 would be terminated. Oliver is not to return to Ridgeland High School but to report to AEC for the remainder of the school year. - Source GaPSC complaint form. - Exhibit 15 June 8, 2022 - Oliver submitted a letter ofresignation. - Source Oliver resignation letter.- Exhibit 16 June 14, 2022 - WCBOE accepts Oliver's resignation. - Source Holloway letter dated June 15, 2022. - Exhibit 17 June 23, 2022 - still no arrest by law enforcement; however, Oliver decides to retire from education. Walker County BOE Personnel Director contacts GaPSC and forwards the file with complaint and law enforcement reports for their review and action within requisite ninety (90) days. - Source GaPSC complaint form. - Exhibit 15 5 LEAD CONTAMINATION Background: In August 2021 the WCBOE was notified of the intent for WCS to participate in the voluntary "Clean Water for Georgia Kids" water testing for contamination program. In the fa ll of 2022, water testing began at four WCS elementary schools. Test results were received and when required, approved mitigation measures were implemented. The below allegations arose based on an email sent to a WCS employee on April 13, 2023, which contained the instructions for accessing on line the results of the testing performed, guidance for the level of lead present in the samples above acceptable levels, and recommended risk minimization recommendations to protect the children' s health. Allegations raised in Investigative Report Concerning Superintendent Raines, dated October 8, 2024, by Attorney David N. Lockhart: a. Superintendent Raines withheld information.from the public, which potentially endangered students and staff. Further, he withheld the information from the Board, to whom he is answerable. b. Raines' August 8 statement claiming the board was "in the loop the whole time" contradicts the provided timeline and investigation findings. This discrepancy likely violates Standard 4 of the Ethics Code, which requires "honesty and integrity in the course of professional practice. " The assumption by Attorney Lockhart was that test results were withheld and not provided to parents or the WCBOE in a timely manner. This assumption is factually incorrect. Superintendent Raines first found out about the existence of the lead te sting results from a local reporter on June 15, 2023. This set off a seri es of notifications and requests from Raines to obtain the test results and to disseminate this information as soon as possible. WCBOE was notified the same day, June 15, 2023, once Raines discovered information related to the existence of the te st results. Raines then sought to obtain these results from the WCS employees responsible for administering the lead testing program. An analysis of the email related to the test results was performed to determine the facts surrounding the results email. An analysis of the WCS email system, referred to as Google Vault, by Scott Harden, Coordinator of Technology for WCS. was performed in an effort to de termine the " life" of a certain email(s) related to the water testing results und er the Clean Water For Georgia Kids™ Program. The email in question was the April 13, 2023, email sent to Richie Matthews, the Maintenance Supervisor for WCS who was responsible for the water testing program. This email was important because it contained the instructions for accessing online the results of the testing performed, guidance for the level of lead present in the samples above acceptable levels, 6 and recommended risk minimization recommendations to protect the children's health. While the data analytics for the WCS emails are only retained for a period of six months, the email analysis revealed the following: • Email dated April 13, 2023, to Richie Matthews was received at 12:20:01 AM on April 13,2023 • After receipt, the next apparent action performed on this email was it being forwarded to Superintendent Raines on June 15, 2023, at 6:33:50 PM, after being requested by the Superintendent through Chris Jones, Walker County Schools Director of Operations and Maintenance • Superintendent Raines received the forwarded ema il from Matthews and responded on June 15, 2023, at 6:34 PM - Source Scott Harden signed statement dated November 11, 2024 (Exhibit 18) T im eline of Eve n ts April 13, 2023 - Results ema il sent to Richie Matthews - Source Matthews email. - Exhibit 19 June 15, 2023 - Raines receives a phone call and an email from a local reporter regarding the public release of testing results on June 15, 2023 - Source Raines email timeline - Exhibit 20 June 15, 2023 - Superintendent Raines contacts Chris Jones and Jones requests email to be sent by Matthews to Raines. Email se nt to Raines. - Source Scott Harden signed statement dated November 11, 2024 - Exhibit 18 June 16, 2023 - Raines' email to the WCBOE regarding testing results - Source Raine s' email. - Exhibit 21 June 19, 2023 - WCBOE meeting where lead testing results shared by Raines. - Source June 19th Superintendent's Notes- Exhibit 22 June 20, 2023 - Raines' email regarding posting lead testing resul ts on social media and by each involved schoo l. Source Raines' email. - Exhibit 23 Based upon the timeline of events and supporting documentation, Attorney Lockhart' s allegations of withholding lead testing results and not providing those results to the WCBOE and parents of the affected schools is unfounded. The only question that remains is why was the email received by Matthews on April 13, 2023, not opened or acted upon prior to being requested to be sent to Superintendent Raines. FALSE SWEARING On September 22, 2023, Walker County resident tied legal action seeking to disqualify two WCBOE members, Mike Carruth and Karen Harden, from their positions for 7 violation of the Board's policy against nepotism (Exhibit 24). Georgia law requires the WCBOE to maintain a nepotism policy and permits the WCBOE to determine for itself which school employment positions are covered. While it is true that both Carruth and Harden have sons who work for WCS, both of their positions are not considered "system administrative staff'. Carruth's son, Justin Carruth serves as the Coordinator of Secondary Curriculum/CTAE and Harden' s son, Scott Harden serves as the Coordinator of Instructional Technology for WCS. Both coordinator positions have no system- wide authority; they perform job ta sks derived from their respective Director or the Superintendent. Based on input from the Attorney General's Office and the general counsel for the Georgia Department of Education, these Coordinator positions are not directly influenced by WCBOE and therefore are not considered as system administrative staff. In the legal action referenced above, Raines submitted an affidavit reflecting the WCS's stance on these Coordinator positions (Exhibit 25 & Exhibit 26). This affidavit has been characterized by Attorney David N. Lockhart as false swearing because a document titled "Sys tem Administrative Staff FY2025" surfaced and this document contains both Justin Carruth and Scott Harden as being listed as Coordinators (Exhibit 27). The main document in question, the document titled "System Administrative StaffFY2025" was not an official document created by an executive or supervisory staff member for the purpo se of conveying official degrees of authority within the school system. Rather it was created by an administrative staff person and used in a manner not to convey official authority and responsibility of those listed. In a March 28, 2024, decision, the court ruled in favor of defendants, WCBOE members Carruth and Harden. The honorable Judge Brian House's decision clarified that the family members in question do not hold positions of leadership, thereby dismissing the allegations (Exhibit 28). The te stimony and the final judgment in the trial involving the two Walker County Board of Education members should be evidence enough that the facts were presented and decided upon by Superior Court Judge Brian M. House on March 30, 2024. Additionally, the September 18, 2024, denial by the Georgia Court of Appeals stands as further proof that the two employees in question are not considered systems administrative staff as is customary and tradition within the WCBOE (Exhibit 29). The allegations of false sw earing by Raines, by the submission of Raines' affidavit, do not hold merit as was evidenced by the judgment of this legal action. SUMMARY This rebuttal report was prepared to demonstrate that Superintendent Damon Raines has not only lived up to the obligations required of him, but also has continued to inform the WCBOE, parents and other stakeholders in the important matters involving the WCS. Further, 8 Superintendent Raines made it a priority to act in the best interest of the students ofWCS by taking actions to protect the students for which he is responsible. This report included not only the information previously used by Attorney David Lockhart and Investigator Marcus Veazy, but also included additional infonnation, signed statements, emails and other documentary evidence to support its findings. Whereas the previous reports showed only part of the story, this report brought a balanced approach in seeking to present the full story. In the end, the allegations previously raised against Superintendent Raines lacked the full scope of facts available and should not be relied upon nor cast doubt on the performance of Superintendent Raines. 9 Index to Attached Exhibits Curriculum Vitae of Charles E. McKee, III (Chuck) Exhibit 1 -Attorney Lockhart Report 10-08-2024 Exhibit 2 -Attorney Lockhart Report 10-08-2024 with attached materials Exhibit 3 - WCSO McCormack Incident Report Exhibit 4 - Raines employment contracts Exhibit 5 - Raines timeline - McCormack timeline Exhibit 6 - Raines email to WCBOE on 01-16-2015 Exhibit 7 - Raines and Holloway signed statement Exhibit 8 - Holloway signed statement Exhibit 9 - Holloway email notification of McCormack to GaPSC 01-05-2018 Exhibit IO - McCormack GaPSC case Exhibit 11 - WCSO Incident report for Oliver Exhibit 12 - Raines Timeline - Oliver Timeline Exhibit 13 - Raines and Holloway signed statement Exhibit 14 - Holloway email request to WCSO for Oliver investigation files Exhibit 15 - Oliver GaPSC complaint fonn Exhibit 16 - Oliver resignation letter 06-08-2022 Exhibit 17 - WCS acceptance of Oliver resignation 06-15-2022 Exhibit 18 - Harden Google Vault email investigation signed statement Exhibit 19 - Matthews email 04-13-2023 Exhibit 20 - Raines Lead timeline Exhibit 21 - Raines email to WCBOE 06-16-2023 Exhibit 22 - WCBOE meeting 06-19-2024 Exhibit 23 - Raines email to parents and social media 06-20-2023 Exhibit 24 - WCBOE Superior Court filing Exhibit 25 - Raines affidavit Exhibit 26 - WCBOE Org Chart Exhibit 27 - Unofficial System Administrative Staff Exhibit 28 - Superior Court Judgment 03-28-2024 Exhibit 29 - Court of Appeals denial 09-18-2024 2 Current Former Member Charles E. McKee, Ill (Chuck) Forensic Brothers Investigative Services, Inc. Certified Public Accountant Certified Fraud Examiner 3480 Preston Ridge Road, Suite 500, Alpharetta, GA 30005 Office: (855) 450-8478 I chuck.mckee@fbi s- usa.com I fbis-usa.com Curriculum Vitae Forensic Brothers Investigative Services (FBIS), Inc.: Forensic Accountant of FBIS specializing in Internal Investigations, Forensic Accounting, and Complex Financial Investigations, applying speciali zed knowledge and investigative skills possessed by CPAs and FBI Agents to collect, analyze, and evaluate ev idential matters and to commun icate findings in the appropriate venue. FBIS can be retained by an individual, business, governmental entity, or outside counsel. Federal Bureau of Investigation (FBI) Special Agent: During his 20 years of service with the FBI, Chuck served his entire career as a Special Agent in the Atlanta Field Office, Augusta, Georgia, Resident Agency. Most recently, he investigated Public Corruption, Civil Rights Violations, Identity Theft and Complex Financial Crimes. He also investigated Mortgage Fraud, Vi olent Crime/Bank Robberies, Counterintelligence, Human Trafficking, Intellectual Property Rights, Interstate Theft and White Collar Fraud. He served on the FB l's Financial Crimes Response Team, Evidence Response Team (Team Leader), and was a founding member of the FBI Atlanta Leadership Development Council. (September 2004 - September 2024) Corporate Accounting: He served as a fractional CFO for small to medium-sized companies and in various roles in several corporate accounting departments for both publicly traded and privately owned corporations. (May 1989 - November 2003) • American Institute of Certified Public Accountants • Association of Certified Fraud Examiners Specialized Training Awards Education • FBI Academy: Sixteen weeks of intensive training for special agents. Subject matters included investigations, legal, white-collar crime, interviews and interrogations, forensic techniques, surveillance, firearms, and defensive tactics, 2005 • Continuing education for Certified Public Accountants • Continuing education for Certified Fraud Exam iners • Continuing education for FBI Agents • FBI Academy Field Counselor Award • Received twenty-one FB I On the Spot Awards • University of North Carolina at Chapel Hill, Masters in Business Administration, 2002 • North Carolina State University, Bachelor of Arts in Accounting, 1993 Professional Licenses & Credentials • Certified Public Accountant, licensed in the State of North Carolina • Certified F ra ud Examiner, Association of Certified Fraud Examiners • Top Secret Clearance credentialed contract federal Background Investigator with Defense Counterintelligence and Security Agency • Private Investigator, license applied for in the State of South Carolina David N. Lockhart, Esq. 56 Fieldstone Village Drive, Ste. B Ro ck Spring, GA 30739 October 8, 2024 Walker County Board of Education 301 N orth Cherokee Street LaFayette, Georgia 30728 Exhibit 1 (706) 996-1352 david@lawyerlockhart.com www .lawyerlockhart.com Re: Investigative Report Concerning Damon Andrew Raines Dear Honorable Members: At the August 29, 2024 Called Session of the Walker County Board of Education (the "Board"), you voted to engage my finn to conduct an investigation concerning the actions or inactions of the School of Walker County Superintendent, Damon Andrew Raines and whether they are in violation with his contract of employment with the Board. What follows are the results of that investigation. I engaged the services of Marcus D. Veazey, an accomplished criminal and corporate investigator, to assist in the investigation. As outlined in his curriculum vitae, which is attached to this report, Agent Veazey served in several roles in the Federal Bureau of Investigations from 1989 through 2013. He now serves as a Surveillance Officer for the Lookout Mountain Judicial Circuit Courts. Agent Veazey's report of his investigation into the immediate matter is attached. Man concerns were brought before the Board in an August 21, 2024 email fro1n a parent of a Walker County student. During our investigation, several other instances of Raines ' became of such grave concern that I am tendering this report to you, immediately, even without having explored all of the subjects contained in complaint. For efficiency and respect for the Board's time, I have not reproduced in this report all of the infonnation contained in Agent Veazey's report. Accordingly, this should be read in conjunction with the findings of Agent Veazey, together with the attached supporting materials. Investigative Report, In Re: Damon Andrew Raines August 8, 2024 Page 1 of7 Exhibit 1 FAILURE TO PROTECT STUDENTS FROM SEXUAL CONDUCT FROM TEACHERS CASE NO. I: Mr. Raines' initial employment contract with the Board from 2012, along with its extensions, requires that he "aid and assist in the advancement of public education in Walker County, Georgia." It may well be imagined that few things would inhibit the education of Walker County students more than sexual assault. It appears that on at least one occasion, Mr. Raines failed to take appropriate and required action to protect students from a sexual predator. Compounding the harm, it appears that several other children were exploited because of Mr. Raines' failure to comply with the terms of his contract and of the law. On November 27, 2017, Charles Mark McCormack, a teacher at Chattanooga Valley Elementary from 2002 through May 26, 2016, was sentenced by a federal district judge to serve ten years for producing child pornography from 1997 to 1998. While there is no reason to believe that Mr. Raines was aware of McCormack's :misconduct prior to and apart from his employment by the school system, one student's report ofMcConnack 's sex crimes perpetrated by him as a teacher in 2010 was already in McCormack's personnel records when another student reported his sexual assault in 2015. Mr. Raines not only failed to take action to terminate McCormack's employment or segregate him from students, it appears that he altogether failed to make the mandatory report to the Georgia Professional Standards Commission ("PSC"). In 2010, while McCormack was serving as a gifted teacher, a student reported that McCormack used his cellphone to take a photograph up her dress. Rather than being removed from the classroom, McCormack was assigned to teach kindergarten the next school year. In 2015, a kindergarten student reported that McConnack put his hands down her pants and fondled her. Even that did not appear to be enough for Raines to begin tennination proceedings. Instead, on August 10 , 2016, months after McCormack's home was raided by agents of the Georgia Bureau of Investigations and the National Internet Crimes Against Children Ta sk Force, his notice of retirement was accepted. Investigative Report , In Re: Damon Andrew Raines August 8, 2024 Page 2 of7 Exhibit 1 Ga. Comp. R. & Regs. r. 505-6-.01(2)(h)(3) required Raines to report McConnack's sexual offenses to the PSC "as soon as possible but no later than ninety days" from the date he became aware of the misconduct. I have found no report to the PSC of McConnack's 2015 offenses. The only complaint to the PSC from the school system that I have discovered is dated February 9, 2018, and it is entirely silent as to the 2015 reported offense. Had Raines followed that legal requirement, at least one Walker County student may have been spared additional sexual abuse. McCormack's kindergarten victim of 2015 would later explain to a child advocate that she had not reported later molestation at the hands of another predator because of the futility of her report of McConnack's abuse. Raines' contract requires compliance with the law, and hi s failure to timely report McCormack' s sexual offenses is a breach of that contract. CASE NO. 2: NOTE: THIS MATTER IS STILL UNDER INVESTIGATION. THE ACCUSED IS PRESUMED INNOCENT. What is outlined below is included only as it relates to the conduct of Superintendent Raines. In 2007, "several female students" reported that Billie Lee Oliver, a Ridgeland High School teacher, had touched them inappropriately and made comments which the students understood to have sexual innuendo. On April 13, 2022, a Ridgeland High School student reported to a faculty member that Billie Lee Oliver had, the day prior, inappropriately touched her chest. In the same report, she explained that Mr. Oliver had previously touched her legs, pinched her back, and "has been touchy." With a report of Oliver's 2007 conduct in his personnel file, and with the backdrop of the Mark McCormack assaults st ill fresh, the very least the Board, every parent, and every student should ha ve expected from Superintendent Raines would be for him to make a timely report to the PSC. Instead, it was not until June 23, 2022, that the mandatory report was made. Raines' abject failure to take even the slightest required action to protect students is notable. Investigative Report, In Re: Damon An dre w Raines August 8, 2024 Page 3 of7 Exhibit 1 LEAD CONTAMINATION One matter addressed by oncemed lead contamination in several of the elementary schools. Perhaps as fundamental as identifying and correcting hazardous conditions is open and honest communication. As set forth below, Raines has failed in both regards. Summary: This section of the investigation examines the events surrounding the discovery of lead contamination in four Walker County elementary schools and the subsequent actions taken by district administration, particularly Superintendent Damon Raines. In the fall of 2022, Walker County Schools began participation in the voluntary "C lean Water for Georgia Kids" program, which tests for lead in school water systems. Between October and December 2022, three elementary schools underwent testing. A fourth school was tested in April 2023. The test results revealed significant lead presence in the school s' water systems. Out of over 140 water taps tested across the four schools, 84% showed positive results for lead contamination. The district administration received the results for the first three schools in January 2023, and for the fourth school by April 2023. Upon receiving these results, the district's response was limited. In January 2023, one water filter was purchased for an ice machine at Chattanooga Valley Elementary. The timeline of events shows a significant delay in communicating the test results: • January 2023: Results for three schools available to district administration • April 2023: Results for fourth school available to district administration • June 15, 2023: First indication of re sults becoming public • June 19, 2023: Board briefed on the situation • August 8, 2023: Raines UCTV appearance where he stated, "The school board w as in the loop the whole time. Once the results were made available to us at the system, the School Board knew about that. " Investigative Report, In Re: Damon Andrew Raine s August 8, 2024 Page 4 of7