Tutor Time Child Care/ Learning Centers

AAC R9-5-605.B.1. B. A licensee shall ensure that: 1. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

“Findings: Based on the Compliance Officer's observations, in the Toddler 1 Room (1s) and the Toddler 3 Room (1s), a child was placed on a cot for naptime in front of the designated exit door, blocking the path of egress.”

AAC R9-5-604.B.3. B. A licensee that uses a private pool for an enrolled child shall ensure that the swimming pool and its equipment meet the following requirements: 3. A portable pool that does not meet the requirements of subsection (B)(1) or (2) is prohibited;

“Findings: Based on the Compliance Officer’s observation, on the Golf Coast/Pelican Harbor playground, there was a splash pad with a wading pool accessible to enrolled children.”

AAC R9-5-510.A.1. A. A staff member shall provide guidance to help children respond to difficult situations. To develop self-regulation, children should receive adult support that is individual to the child and adapts as the child develops internal controls. This process should include: 1. Forming a positive relationship with the child, which occurs when the adult spends time talking to the child, listening to the child, following the child’s lead, playing with the child, and responding to the child’s needs; 2. Base expectations on the child’s developmental level; 3. Establishing and being proactive in teaching and supporting children in learning simple rules; 4. Modifying the learning/play environment to support the child’s appropriate behavior; 5. Creating a predictable daily routine and schedule; 6. Modeling desired behavior; 7. Showing children positive alternatives; 8.Using deliberate redirection, the staff member should encourage the child to use appropriate behavior, and provide positive feedback when the child exhibits the behavior; 9. Individualized positive discipline strategies based on the individual needs of children, such as using a buddy system, individualized schedule, special break, or another applicable positive discipline strategy; and 10. If applicable, a licensee shall develop a written plan with the enrolled child's parent to provide individualized social and emotional intervention supports for the enrolled child that includes methods for understanding the enrolled child's behavior, and developing, adopting, and implementing a team-based positive behavior support plan.

“Findings: Based on the Compliance Officer's observation, during the inspection in the School Age Room (5s and up), a Staff Member did not spend time talking and listening to a child when they could be heard in a loud and aggressive tone saying, "If you're going to cry over this, then...".”

AAC R9-5-501.B.7. B. A licensee shall ensure that a staff member: 7. If an activity in the lesson plan required in subsection (C)(5) includes screen time, include in the lesson plan the duration of the screen time in minutes;

“Findings: Based on the Compliance Officers' observations, in the School-Age Room (5s and up), the lesson plan lacked the duration of screen time in minutes.”

AAC R9-5-401.3. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility: 3. A child educator is 18 years of age or older and provides the licensee with documentation of one of the following: a. Six months of child care experience if working with enrolled children five years old and younger, or three months of child care experience if working with school-aged children; and: i. A high school diploma or high school equivalency diploma; or ii. At least 12 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; b. Associate or bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field; or c. N.A.C., C.D.A., or C.C.P. credential;

“Findings: Based on the facility documentation and the Compliance Officer's observation, it was determined that Staff #1 was a Child Educator. Staff #1 lacked documentation of an evaluated diploma issued in a foreign country that is equivalent to a high school diploma in the United States, and 4 months of the required 6 months of experience.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the Licensee lacked documentation of a current violation-free fire inspection report as required. The fire inspection on site expired on 5/31/2025.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete an Emergency, Information, and Immunization Record that is no more than a two-page written notice, and is signed by the enrolled child’s parent containing: 1. The child’s name, home address, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, email address, and telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(14); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 12 out of 25 enrolled children's Emergency, Information, and Immunization Records reviewed lacked the following required information: Child #1, Child #2, Child #3, Child #4, Child#5, and Child #6: The name and contact telephone number of a 2nd individual authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted. Child #7, Child #8, and Child #9: The name, home address, city, state, zip code, and contact telephone number of 2nd parent of the child. Child #10: The name, home address, city, state, zip code, and contact telephone number of the 2nd parent of the child and the name and contact telephone number of a 2nd individual authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted. Child #11: The name and contact telephone number of the child's health care provider. Child #12: The contact telephone number of the child's health care provider.”

AAC R9-5-501.A.18. A. A licensee shall ensure that: 18. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“Findings: Based on the Compliance Officer's observations, in the Preschool (3s) restroom, there was a plunger on the floor to the right of the toilet, accessible to enrolled children.”

AAC R9-5-501.A.13. A. A licensee shall ensure that:13. Toys and play equipment, required in this Article, are maintained: a. Free from hazards, and b. In a condition that allows the toy or play equipment to be used for the original purpose of the toy or play equipment;

“Findings: Based on the Compliance Officer’s observation, the following toy and play equipment hazards were accessible to enrolled children; Two’s 3: *There was a blue vinyl library seat with torn vinyl exposing foam at the base of the seat. Pre-K: *There was a 1-inch diameter piece missing from the laminate of the table exposing rough raw wood.”

AAC R9-5-501.C.6. C. A licensee shall ensure that a staff member: 6. If an activity in the lesson plan required in subsection (C)(5) includes screen time, include in the lesson plan the duration of the screen time in minutes;

“Findings: Based on facility documentation and the Compliance Officer’s observations, in the School-Age classroom, at the time of the inspection the children were watching a video and the lesson plan lacked documentation of screen time in minutes.”

AAC R9-5-502.C.1.m. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: m. Posts the current written dietary instructions in the infant room and the kitchen and maintains the instructions on facility premises for 12 months after the date of the instructions; and

“Findings: Based on facility documentation and the Compliance Officer’s observation, in the infant room, the infant feeding plans were kept in a binder behind a filing tray on the counter rather than posted as required. ***Previously cited 01/11/2024, 01/12/2023, 01/21/2022”

AAC R9-5-501.C.9. C. A licensee shall ensure that a staff member:9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on the Compliance Officer’s observation, in the following classrooms the enrolled children’s personal products lacked: Toddler 1: *There were 4 diaper creams that lacked the enrolled child’s first and last name. *There were 4 diaper creams that lacked the enrolled child’s last name. Two’s 3: *There were 5 diaper creams that lacked the enrolled child’s first and last name. *There were 2 diaper creams that lacked the enrolled child’s last name. *There was 1 container of Vaseline that lacked the enrolled child’s last name. Early Preschool: *There was 1 diaper cream that lacked the enrolled child’s first and last name.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on the Compliance Officer’s observations, the following diaper changing areas were not kept clear of items not required for diaper changing; Two’s 2: *There was a stack of cots behind the diaper changing area and next to the sink. Two’s 1: *There was a stack of cots with a paper chain, blankets, a cabinet with a plastic container of toys, a plastic alligator toy, a round plastic container of chalk, and a watercolor paint kit on top. ***Previously Cited 1/11/2024, 01/12/2023, 01/21/2022”

AAC R9-5-603.C. C. Except as provided in subsection (D), a licensee shall ensure that an outdoor activity area:1. Is enclosed by a fence: a. A minimum of 4 feet high; b. Secured to the ground; and c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches; 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area

“Findings: Based on the Compliance Officer’s observations, in the outdoor activity area, the following hazards were accessible to enrolled children: Garden Area: *There was an 8-inch area of rust colored metal, with sharp edges and flaking metal. Private Bay Playground: *There was white tissue paper scattered around the playground area. *There was a 3 foot area of turf that was separated at the seam exposing large metal nails. School-Age Playground: *There was paper, plastic forks, and white tissue paper scattered around the playground area.”

AAC R9-5-605.B.1. B. A licensee shall ensure that:1. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

“Findings; Based on the Compliance Officer’s observations, in Two’s 2 Classroom, there was a toy shelf in front of the designated exit that provides escape from the building.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 8 out of 20 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1: The contact telephone number of the first individual and the name and telephone number of the 2nd individual authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted. Child #2: The name, home address, city, state, zip code, and contact telephone number of the 2nd parent of the child, the name and telephone number of the 2nd individual authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted, and the name and contact telephone number of the child’s health care provider. Child #3 and Child #6:The name and contact telephone number of the child’s health care provider. Child #4, Child #5 and Child #8: The name and telephone number of the 2nd individual authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted. Child #7: The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted. ***Previously Cited 1/11/2024”

AAC R9-5-305.B. B. A licensee shall attach an enrolled child’s written immunization record or exemption affidavit, required in subsection(A), to the enrolled child’s Emergency, Information, and Immunization Record card, required in R9-5 304(B).

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that Child #1, Child #2, and Child #3's Emergency, Information, and Immunization Record cards lacked an attached written immunization record.”

AAC R9-5-512.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on the Compliance Officer’s observations, in the School-Age toilet room, there was toilet paper, paper towels and the trash can lid on the floor around the toilet base. ***Previously cited 01/11/2024, 01/21/2022”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings:1. In a clean condition, and 2. Free from odor.

“Findings: Based on the Compliance Officer’s observations, the following toilet rooms and furnishings were not maintained in a clean condition; Two’s 1: *There were 2 plastic baskets on top of the toilet tank lid. *There was 1 plastic container labeled gel and 1 plastic comb on top of the paper towel dispenser. Two’s 3: *There was a plastic basket with sheets across from the toilet. *There was an adult size and child size chair next to the entry door. *There was 1 plastic basket with gloves and wipes, 1 plastic basket with diaper creams and 1 plastic container of diapers on the floor next to the child size chair at the entry door. ***Previously cited 01/11/2024, 01/21/2022”

AAC R9-5-503.A.2. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:2. A hand-washing sink next to the diaper changing surface for staff use when changing diapers and for washing an enrolled child during or after diapering that provides: a. Running water between 86° F and 110° F, b. Soap from a dispenser, and c. Single-use paper hand towels from a dispenser;

“Findings: Based on the Compliance Officer’s observations, the following diaper changing sinks were not running water between 86° F and 110° F; Two’s 2: The diaper changing sink was 68° F Two’s 3 and Toddler 1: The diaper changing sink was 60° F Two’s 1: The diaper changing sink was 78° F In Early Preschool, the diaper-changing sink was not located next to the diaper-changing table. ***Previously cited 01/11/2024, 01/21/2022”

AAC R9-5-208.B. B. At least 30 calendar days before the date of an intended change in a facility’s service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the intended change to the Department that includes: 1. The licensee’s name; 2. The facility’s name, street address, city, state, zip code, mailing address, and telephone number; 3. The name, telephone number, and fax number of a point of contact for the request; 4. The facility’s license number; 5. The type of change intended: a. Service classification, b. Space utilization, or c. Licensed capacity; 6. A narrative description of the intended change; and 7. The following additional information, as applicable: a. If the intended change affects individual rooms, the following information about each affected activity area, as applicable: i. Identification of the activity area, ii. Current and intended square footage, iii. Current and intended operating hours, iv. Current and intended service classification, v. Current and intended licensed capacity, and vi. Whether the activity area has or will have a diaper changing area; b. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and c. If the intended change includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable: i. If the facility is not located in a public school or if providing child care services to infants, one-year-old children, or two-year-old children in a facility located in a public school, the information required in R9-5-201(A)(5)(g) and (A)(5)(h) showing the intended change; or ii. If the facility is located in a public school and provides child care only for three-year-old, four-year-old, or five-year-old, or school-age children, a set of final construction drawings or a school map, including the information required in R9-5-201(5)(j) showing the intended change.

“Findings: Based on facility documentation and Compliance Officer #1’s observation, it was determined that the licensee did not notify the department in writing within the required time frame of a change in space utilization.”

AAC R9-5-203.A. A. A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service: 1. The form required in A.R.S. § 36-883.02(C); and 2. If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I).

“Findings: Based on facility documentation and Compliance Officer #2’s observation, 1 of 4 staff files lacked the following: Staff #1: A competed criminal history affidavit including the facility address and/or cdc number.”

AAC R9-5-503.F.1. F. A licensee shall ensure that in an activity area with a diaper changing area: 1. The containers required in subsections (A)(3) and (4) are inaccessible, and

“Findings: Based on Compliance Officer #1's observations, in the Early Preschool classroom, the diaper changing container was in the toilet room accessible to enrolled children.”

AAC R9-5-503.F.2. F. A licensee shall ensure that in an activity area with a diaper changing area: 2. A staff member: a. Documents each diaper change: i. For an infant, in the infant’s dated, daily, documentation required in R9-5-502(C)(1)(d); or ii. For an enrolled child who is not an infant, in a dated diaper changing log; b. Maintains the diaper changing log on facility premises for 12 months after the date of the diaper changing log; c. Empties clothing soiled with feces into a flush toilet without rinsing; d. Places an enrolled child’s clothing soiled by feces or urine in a plastic bag labeled with the enrolled child’s name, stores the clothing in a container used for this purpose, and sends the clothing home with the enrolled child’s parent; and e. Removes disposable diapers and disposable training pants from a diaper changing area as needed or at least twice every 24 hours to a waste receptacle outside the facility building.

“Findings: Based on Compliance Officer #1's observations, in Toddler 3's classroom, there was a diaper at the base of the cabinet next to the diaper changing container in the cabinet.”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings: 1. In a clean condition, and 2. Free from odor.

“Findings: Based on Compliance Officer #1’s observations, in the Two's 1, Junior K, and Preschool A classrooms, there was a gray fuzzy substance built up on the ceiling vents.”

AAC R9-5-605.B.1. B. A licensee shall ensure that: 1. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

“Findings: Based on Compliance Officer #1’s observations, in all of the facility classrooms, the door handles had child safety door knobs on designated exits that provide escape from the building.”

AAC R9-5-503.A.4. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 4. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled clothing.

“Findings: Based on Compliance Officer #1’s observation, in Toddler 3 classroom, the soiled clothes container lacked a waterproof liner.”

AAC R9-5-503.A.3. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 3. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled diapers; and

“Findings: Based on Compliance Officer #1’s observations, in Toddler 3 and Early Preschool classrooms, the soiled diaper container lacked a waterproof liner.”

AAC R9-5-503.A.2.a. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 2. A hand-washing sink next to the diaper changing surface for staff use when changing diapers and for washing an enrolled child during or after diapering that provides: a. Running water between 86° F and 110° F, b. Soap from a dispenser, and c. Single-use paper hand towels from a dispenser;

“Findings: Based on Compliance Officer #1’s observation, in the Toddler 1 classroom and Two's 3 classroom, the temperature of the diaper changing sink was 60° F. rather than 86° F to 110° F. as required.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on Compliance Officer #1's observations, in the Toddler 1 classroom, there was a plastic blue boat in the diaper changing sink. In the Infant classroom, there was 2 plastic bottles with clear liquid labeled bleach and soapy water, 1 plastic container with dirty toys and 1 plastic container with towels on the diaper changing surface.”

AAC R9-5-502.C.1.m. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: m. Posts the current written dietary instructions in the infant room and the kitchen and maintains the instructions on facility premises for 12 months after the date of the instructions; and

“Findings: Based on facility documentation and Compliance Officer #1's observation, in the infant room, the infant feeding plans were kept in a cabinet and not posted as required.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and Compliance Officer #2’s observations, 9 of 20 children’s Emergency Information and Immunization Record Cards lacked the following: Child #1: 2nd parent/guardian’s name, address, and phone number. Child #2: The name and phone number of the child’s health care provider. Child #3: 2nd parent/guardian’s name, address, and phone number. Child #4: The name and phone number of the child’s health care provider. Child #5: Date of enrollment Child #6: 2nd parent/guardian’s name, address, and phone number. Child #7: One of the required two emergency contact names and phone numbers. Child #8: Date of enrollment. Child #9: Date of disenrollment.”

AAC R9-5-303.B. B. A licensee shall ensure that the licensed capacity of each indoor activity area or room is posted in that activity area or room.

“Findings: Based on Compliance Officer #1's observation, the infant room lacked an accurate posted capacity.”

AAC R9-5-303.A. A. A licensee shall post in a place that can be conspicuously viewed by individuals entering or leaving the facility or activity area, the: 1. Facility’s license; 2. Name of the facility director; 3. Name of the individual designated to act on behalf of the facility director when the facility director is not present in the facility, as prescribed by R9-5-301(B)(1); 4. Schedule of child care services fees and policy for refunding fees as prescribed by A.R.S. § 36-882(P); 5. Breakfast, lunch, dinner, and snack menus for each calendar week at the beginning of the calendar week; 6. Notice of the presence of any communicable disease or infestation listed in 9 A.A.C. 6, Article 2, Table 2, from the date of discovery through the incubation period of the communicable disease or infestation; 7. Notice of the Department’s intent to deny, revoke, or suspend as prescribed by A.R.S. § 36-888 at the expiration of time in the notice for the licensee to respond; 8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01 within 10 calendar days after the licensee received notice of the intermediate sanction; 9. Notice of a legal injunction imposed as prescribed by A.R.S. § 36-886.01 when the licensee receives the legal injunction; and 10. Notice of the availability of facility inspection reports for public viewing at the facility premises.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, the person in charge upon arrival was not listed as a director’s designee.”