JURY ACQUITS IN ANOTHER.
CHARGES DISMISSED Dec 20, 2006 - Charges of inappropriate touching against James D. Frank, 52, Susquehanna Twp. High School driver's education teacher, were dropped when a district judge threw out the charges.
Frank will be tried in a separate case, in which a 16-year-old girl said he forced her to perform oral sex on him. The charges are with involuntary deviate sexual intercourse, corruption of minors and sexual assault in that case that is expected to begin in February. Frank has been suspended from his teaching job.
(Dec 31) District Judge Gregory D. Johnson dismissed the charges against Frank. “We didn’t put our witnesses on,” [District Attorney] McGowan said. “He dismissed it before it got to that point.”
Frank still has one set of charges pending against him from a 16-year-old girl who said Frank forced her to perform oral sex on him. Those charges include involuntary deviate sexual intercourse, corruption of minors and sexual assault.That case could be heard in Dauphin County court as early as February.
HEARING August 8 - There is an ongoing hearing on sex charges from the 16-year-old girl on the oral sex charge.
VERDICT: August 9 - Frank found not guilty by a jury.
ANGRY PARENTS AND STUDENTS August - Even though a jury acquitted Frank, parents and students are upset that he is back on school grounds, working with their children. They will be allowed to talk in a private session with the board's Executive Personnel Committee.
CERTIFICATE SURRENDERED August 18 - Frank surrendered his certificate days before state officials were to decide whether he could keep teaching in Pennsylvania. He gave up his teaching certificate August 8, prompting officials with the state Department of Education to cancel the Aug. 11 hearing. He will be permanently barred from working in Pennyslvania schools.
According to the Patriot-News,
In the meantime, Frank's name has remained on the Department of Public Welfare's registry of child abusers as an "indicated" child abuser.ABSURD EDITORIAL August 28 - The case was the subject of an editorial in the Patriot-News in support of Frank.
An "indicated" status in a child-abuse case means there's "substantial evidence" of abuse, but these rulings require far less proof than is needed for a conviction in a criminal case.
Frank's appeal of the status was denied.
The question of whether a Susquehanna Twp. High School teacher acquitted of sexual assault can teach again in Pennsylvania has been resolved.
But troubling constitutional rights issues remain in the case of James D. Frank.
Despite being found not guilty by a jury of his peers a year ago, Frank still had to fight for his right to teach, and he wouldn't have had a hearing until this month if he hadn't surrendered his teaching license for health reasons.
TT - Their reasoning is that once found not guilty, Frank should have resumed teaching, but that the Education and Welfare departments continued investigations constituted "double jeopardy." It's a gross ignorance of the law.
By no means, was Frank asked to defend himself in the courtroom on the same charges. The Welfare and Education departments have a duty and obligation to pursue investigations that leave no doubts.
Their primary concern is the safety of children and the level of proof they require is far less than is required in a criminal courtroom, (something the Patriot-News already acknowledges.) These are separate concerns and a decision in a criminal court has no bearing on their responsibility to make a final determination.
In Pennsylvania, you do NOT have to be convicted in order to lose your teaching license. The newspaper should know that. Teacher discipline records are online and readily available.
