Duval Schools chief cleared on racial claim; commits to improve employee treatment

An investigation of Duval Schools' Superintendent Christopher Bernier has concluded that race was not a factor in his mistreatment of a cabinet-level employee while he was superintendent of Lee Schools in Southwest Florida — because he had a widespread reputation for treating all sorts of employees badly.

Weeks before the Duval School Board selected Bernier as superintendent in May, he was the subject of a whistleblower complaint in his previous district. An independent investigation was opened on the complaint and additional allegations against Bernier made in an anonymous email sent to the Lee School Board and others. Lee Schools provided the findings in response to Jacksonville Today's public records request.

In short, the report found Bernier may have mistreated employees but didn't discriminate based on race.

"The report clears Dr. Bernier of the most serious allegations pressed against him by a cabinet-level officer in Lee County," Duval Schools spokesperson Tracy Pierce said Tuesday. "Dr. Bernier acknowledges that the report reflects areas in which he can improve, particularly with interpersonal interactions with senior leaders. He is committed to that improvement."

Though the investigation, conducted by Tampa lawyer Cherie Silberman, found Bernier did not racially discriminate against the employee who filed the whistleblower complaint, the report says that's because that employee was not the "sole target" of Bernier's "aggressive," "insulting" and "dehumanizing" behavior. And, though it failed to corroborate specific claims that Bernier had referred to two female employees in a derogatory, profane way, the investigation did find that he "spoke about and appeared to regard some female employees less favorably than men."

"I'm not the only person that he abused, apparently," the employee who filed the whistleblower complaint told Jacksonville Today.

The report says one employee "shared that she felt threatened and humiliated based on encounters with Dr. Bernier." That employee said Bernier told her "heads will roll" if she didn't meet a deadline two hours later that she'd told him was impossibly soon.

The report notes several employees said Bernier has a "firm leadership style." One high-ranking employee described Bernier as "compassionate" but also said "in two or three meetings he had had with Dr. Bernier, he had gotten his 'a** chewed' when Dr. Bernier was providing feedback about his work."

That employee said another high-ranking employee told him that "Dr. Bernier can come off as an 'a**hole.'"

The whistleblower's complaint alleged Bernier's mistreatment had begun to affect his health. During the investigation — which included phone or video interviews with 22 people, most of whom are current or former Lee Schools employees at all levels — others said they experienced similar effects.

One employee reported that he was prescribed antidepressants "because of the culture that had been created at the District." Another said Dr. Bernier's actions toward her "raised her blood pressure, which required her to take time off." At least four employees said they left Lee Schools in part because of how Bernier treated them.

According to the report, one administrative employee told her high-ranking supervisor "it was nice 'being treated as a human again'" after Bernier left Lee County.

Bernier chose not to participate in the investigation. His lawyer told Silberman Bernier was too busy with his new job in Jacksonville to meet by phone or video call. Bernier's lawyer offered to submit Bernier's written responses to questions instead, but Silberman said changing the methodology for one interview subject would risk discrediting the investigation.

"As Dr. Bernier was given more than five weeks to make himself available for an interview and did not do so, I proceeded with evaluating the evidence available without his input," Silberman wrote in her report, which she dated July 30.

The report says Lee Schools asked Silberman to determine whether Bernier "coerced" a resignation from the employee who filed the whistleblower complaint. And because Bernier had "made statements to some district employees suggesting that he was pressured or forced into resigning", the district also asked her to determine if Bernier's subsequent resignation was "involuntary."

The report concluded Bernier did pressure the whistleblower to resign or be fired, but it found that Bernier resigned of his own accord.

A quick exit

The report also provides a more complete timeline of events surrounding Bernier's hasty departure from Lee County and his arrival in Jacksonville this summer.

During Duval's superintendent search process earlier this year, Bernier said he was no longer serving as Lee's head honcho because he didn't want to have to run for political office. Bernier was appointed as superintendent in Lee County in May 2022, and his contract acknowledged the possibility that voters could soon choose to elect superintendents instead. As expected, Lee County voters approved the change a few months later. Bernier's contract was scheduled to expire after the first superintendent was elected in November 2024.

Bernier said he planned to finish out the 2023-24 school year as superintendent.

However, Lee County's school board suddenly voted to approve a separation agreement on April 8, effective immediately. The agreement continued to pay Bernier his full salary, retirement benefits and health insurance for up to 20 weeks. During the meeting to approve Bernier's exit, Lee school board members appeared visibly shocked.

The report, together with earlier records received from Lee County through a Jacksonville Today public records request , confirms that Bernier applied for the Duval superintendent position after notifying the Lee County school board of his intention to resign because of the whistleblower's allegations.

The report says that when Lee Schools received the whistleblower complaint on April 4, officials chose to notify Bernier that evening. During that phone call, Bernier asked if he should resign.

According to the report, "Bernier repeatedly asked whether he should resign, and each time he asked, he was told that this was not expected or being requested."

The next day, April 5, Bernier's attorney contacted the district to propose terms for a separation agreement. On April 6, he applied to Duval County on his Lee Schools superintendent's letterhead and did not mention his recent resignation.

Through records requests in May, Jacksonville Today learned of the whistleblower complaint, which Duval school board members then said he had disclosed to them privately. In June, Duval board chair Darryl Willie said the board had thoroughly investigated Bernier , talked to the references he provided, and were satisfied with the "due diligence" of their search.

"Dr. Bernier was forthright with the board about this investigation, and some board members had conversations with School District of Lee County personnel directly involved in the situation there prior to hiring Dr. Bernier," Pierce, the spokesperson, said this week. "Dr. Bernier is off to a great start here in Duval."