Iowa principal’s alleged ‘hold his banana’ incident results in discipline

An Iowa school employee has been disciplined following a public event where a principal allegedly dressed in a banana costume and asked a female student to “hold his banana” — a piece of the outfit that protruded from between his legs — while he shot underhanded free throws.

The incident involving Fort Madison Middle School Principal Todd Dirth occurred during a Dec. 13 school assembly, according to a records complaint filed by Charles Vandenberg, owner of the “Pen City Current,” an independent online publication focused on Fort Madison news.

The district obtained video of the incident from someone in the audience as part of an investigation into the matter, but has refused to make the footage public.

Emily Ellingson, an attorney for the district, told a state board in mid-July that an employee was disciplined as part of the investigation into the banana incident.

But the district has refused to name the employee who had been disciplined or provide the public access to the footage, citing a provision in Iowa law that allows — but does not mandate — government officials to keep some personnel records confidential.

“If the record is used in a disciplinary proceeding — whatever level that may be — then that record can be considered to be personnel records,” Ellingson said.

Board dismisses record complaint

The Iowa Public Information Board in an 8-to-1 ruling last week dismissed Vandenberg's complaint that the footage is being illegally withheld, citing a state rule that record complaints must be filed within 60 days of a denial.

The school initially denied Vandenberg’s December request for the video on Feb. 13. He appealed, asking the district on March 2 to reconsider its denial. The district rejected the appeal on May 11, which resulted in Vandenberg’s June 18 complaint before the Iowa Public Information Board.

The Iowa Public Information Board ruled that — because the school district has no formal records appeal process — the Feb. 13 date started the clock. Vandenberg’s complaint wasn’t filed in a timely manner, it concluded last week. Information Board member Rick Morain of Jefferson voted against the dismissal.

Vandenberg said the decision to dismiss his complaint could have far-reaching consequence that stresses the information board’s own capabilities. The decision encourages citizens to drop any effort to resolve record matters and immediately file a complaint, he said.

“Maybe I fumbled in the process a little bit but the ruling to me doesn’t seem right,” Vandenberg said.

Principal the subject of other complaints

Dirth has been the subject of multiple other complaints made publicly in the past year by parents or former students about his behavior going back as far as 2012. In one case, former student Seth Wright alleged Dirth had ripped a safety pin from his lip he was wearing to keep a piercing from closing. In another, parent Heather Wellman said Dirth had struck the back of her son’s head.

Superintendent Erin Slater issued a press release last month that said each of the incidents were investigated and addressed.

“The fact that the parents do not agree with what the District has done does not mean that the District took no action or did not appropriately address the situation,” Slater said in the press release, according to the Fort Madison Daily Democrat. She did not return a call from the Register seeking comment about the banana incident.

Dirth this week hung up the phone when the Register asked him about the banana outfit. He did not answer subsequent calls or return an email.

Dirth has not been demoted or terminated nor has he resigned in lieu of termination, the standard to which Iowa governments must release more information about disciplinary measures, Ellingson said.

Regardless of whether the video can be legally withheld, the facts and circumstances surrounding the incident should compel the district to release the information, Vandenberg said. The secrecy makes it impossible for citizens to evaluate the situation and that erodes the public's trust in government, he said.

“What expectation of privacy does a principal have in front of 600 students and 100 staff,” Vandenberg asked.

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Editor's note: An earlier version of this article incorrectly attributed previous complaints made to school officials about Principal Todd Dirth. Former student Seth Wright alleged Dirth had pulled a safety pin from his lip. Parent Brian Wright alleged Dirth had left a bruise on his daughter after she didn't say "good morning."