South Carolina Disciplinary Actions

State Board of Education Orders of Disciplinary Action (2003 - to present)

Search all orders by Last Name

Our previous look at South Carolina teacher discipline records.

Auburn, CALIFORNIA

Why?

August 31, 2007 -

Auburn Police Chief Valerie Harris confirmed Friday afternoon that a Placer High art teacher hid a suspected gunman in his classroom during Monday's full-campus lockdown.

"Our investigation did reveal that Evangelista was in Mr. Covich's classroom during the lockdown," Harris said Friday. "Information came to our attention after students were being released, and has in fact been a very concerning fact of the incident. Further investigation is being conducted and at this time I need to limit my response on the issue."

Ceramics teacher Tobin Covich allegedly hid Francisco Evangelista in his classroom Monday during the lockdown. Officers arrested Evangelista late Thursday afternoon on suspicion of firearm possession while on the Placer High campus Monday.

The gunman graduated from the school in 2005. He displayed his gun to several students.

Toledo, OHIO

ARRESTED: July 13, 2007 - Victoria A. Cramer, 27, a teacher at Woodward High School from 2002 to 2004, was arrested and charged with petty theft and receiving stolen property

She is accused of taking five gift cards off the gift table at a wedding reception and putting them in her purse. When she tried to leave, she was stopped by several people who saw her take the cards.

When police searched her car in the parking lot, they found a bag with two envelopes addressed to another newly married couple, who were having their reception at the same location, according to court records.

SENTENCED: August 31 - Cramer pleaded guilty to receiving stolen property and attempted theft. She was sentenced to three days in jail and 27 days will be spent in an electronic monitoring system that will be allowed to be done out of state.

Cramer is now working at a school in South Carolina.

Christoval, TEXAS

Sentenced (sorta) for sex with student.

August 31, 2007 - Sherry Turner, 37, a Christoval Elementary School teacher who was also an athletic trainer for the district's middle and high school, agreed to seven years of deferred adjudication as part of a plea agreement on one count of having an improper relationship with a 17-year-old student.

Under deferred adjudication, a defendant enters a plea of guilty and then the judge may postpone the actual finding of guilt and place the defendant on a probationary term. If there are no infractions during the probation period, the case will be dismissed without a finding of guilt.

Turner also also agreed to give up her teaching certificate.

Leonardtown, MARYLAND

August 31, 2007 - Philip Michael Spoekler, 64, a biology teacher at Ryken High School, was arrested on charges that he abused and committed a sexual offense in 1978 with a 15-year-old boy at the school.

Spoekler, a Xaverian brother, was located at Manatee Community College where he currently works as a science teacher,

Detroit, MICHIGAN

August 31, 2007 - Charles Thomas, 38, a Northern High music teacher, was arraigned, accused of stealing 19 instruments, an amplifier and music stands worth about $40,000.

Thomas was charged with one count of embezzling and one count of larceny.
Full Name: Charles Miguel Thomas

September 1 - Detroit Free Press:

Police said Thomas took the instruments between February and June -- when the school was one of 33 closed in a cost-cutting move. He scratched off serial numbers, then painted the initials of his company, Code Base Production, onto the cases, court records said.

A school official audited the school's music department and found 72 instruments missing, court records said.

Police found other instruments at the charter school where he had been hired.

Butte, MONTANA

You can't fire me! I'm a teamster.

August 31, 2007 - A school administrator in Butte, Montana was fired in 2005. Since then, an arbitrator has ordered the school to reinstate her, and now a judge has ordered the same thing.

The Butte school district is the only district in the state whose administrators are unionized. Cannon is represented by the Teamsters' Union.

At issue is the fact that she claims she still has tenure after becoming an administrator. The district maintains that Cannon's tenure ceased when she became an administrator.

Danville, KENTUCKY

August 31, 2007 - Mark Starr, a former Boyle County Middle School teacher, wants his guilty plea on the state charges to be tossed out. He was sentenced on the federal charges to 30 years for child pornography.

Starr pleaded guilty in 2006 to state charges that he videotaped a middle school student while she changed clothes in a room adjacent to his office at the school in 2003 and then tried to destroy the tape before investigators obtained it.

In 2004, Starr pleaded guilty in federal court to 10 charges related to child pornography. He admitted he took pictures of the genitals of four girls between the ages of 6 and 13 while they were sleeping. Three of the girls were children of relatives and were spending the weekend at Starr's house in Danville.

TT - Creepy picture of him at the news site.

Springfield, OHIO

Sentenced to two years in prison and sex registration for life.

ARRESTED Mar 17 - Renee Smith, 36, a Springfield High School teacher, was arrested and arraigned on two counts of sexual battery, a third degree felony for allegedly having sex with two male students.

She was placed on administrative leave in September when the investigation began. She resigned after the leave and before her arrest.

The investigation began after reports surfaced that Smith gave alcohol to underage people and that she had sex with a 17-year-old male. Another male also came forward saying he also had sex with Smith.

INDICTED Apr 5 - Smith was indicted four counts of sexual assault. She is accused of having sex with at least two students, one of them a 17-year-old. The other student was 22 at the time. Police investigated for six months. Smith was a 14-year veteran with the district.

GUILTY PLEA July 10 - Smith pleaded guilty two counts of corrupting another with drugs and two counts of furnishing alcohol to a minor. She agreed to give up her teaching license and will be classified as a sexual offender. She will be sentenced August 15.

SENTENCING DELAYED: August 16 - Sentencing was delayed as the judge wants more time to do a background check on the teacher for more more information before the ruling is handed down. She will be sentenced August 29.

SENTENCED: August 31 - Smith was sentenced to two years in prison for having sex with a 17-year-old male student at the school. (Two years for each of the second-degree felonies and one year for the other sexual battery offense, ordering the sentences to run simultaneously.)

The judge also found Smith to be a Tier Three sexual offender, which means she must register her address with the county sheriff for the rest of her life following her release from prison.

Nov 28 - DATABASE search of disciplinary records in Ohio do not show her at all.

Missouri

The plan to bypass voters and legislators and increase school spending by $1 billion has failed in Missouri.

August 31, 2007 - Judge Richard Callahan rejected claims that the state is failing to meet constitutional requirements to provide an adequate education for all public school students. He also rejected the assertion that spending on each pupil ought to be equal between wealthy and poor districts.

Callahan's ruling said the state constitution was not intended to guarantee "absolute equity, equality or adequacy in dollars spent or facilities from district to district."

Court decision PDF

The Springfield school district dropped out of another planned lawsuit.

If the court ruled that funding was not adequate, local taxpayers might not like the consequences: the possibility of a mandatory tax increase.

"I didn't want it to come across we needed to sue the state so we can get taxpayers to pay more money," said [Springfield Superintendent] NormRidder.

TT - Which is exactly what the ""plaintiff-intervenors" lawsuits are about.

Plaistow, NEW HAMPSHIRE

Cleared of all charges

Apr 20, 2007 - Philip Marchand, 47, was arrested in connection with charges of threatening to shoot other school staffers.

He pleaded not guilty to charges of criminal threatening and disorderly conduct.

Marchand made the threat to another teacher on Wednesday and that it was overheard by at least one student. Marchand has been suspended with pay and will not return to work this school year.

TT- Marchand is the second teacher in a week who was arrested for threatening to shoot other employees. Thomas Kincaid of San Antonio, TX, was arrested after making such remarks to another teacher. Link

CLEARED: August 31 - A judge ruled that because Marchand's alleged threat didn't have a "constant result" from those who heard it, that he couldn't say it was a threat beyond a reasonable doubt. Marchand was reimbursed his $5,000 cash bail and his record was cleared.

Marchand resigned June 30 from the school. The arrest was made four days after the Virginia Tech shooting.

Ocean City, MARYLAND

August 31, 2007 - He used to be known as Richard Brueckner before he absconded with hundreds of thousands of dollars in embezzled funds, moved to Arizona and changed his name to Richard Thelander.

Richard Thelander, 65, was arrested and is being extradicted to Maryland to face a 24-count warrant sworn out on him six years ago for theft, forgery, credit card fraud and theft scheme.

In Arizona, Thelander was administrator and chief executive officer of a three-campus charter school called the PACE Preparatory Academy. In between, he apparently taught at several different schools and held positions on various Boards of Directors in Arizona. All on a bogus Social Security number. And evading background checks. In 2005, they found some of his credentials were fabricated as well.

A colleague at the PACE Preparatory Academy, who preferred to remain anonymous, said she did not believe the charges against her colleague were accurate. She also said friends, co-workers and students there were willing to look past his alleged former indiscretions. [Nice of them, isn't it?]

“Rich Thelander is a very dedicated individual who devotes his time tirelessly to all of his students, at PACE Preparatory Academy and Sedona Red Rock High School,” she said. “The events that allegedly occurred in Maryland were before his time in Arizona and have nothing to do with his work in the school systems, nor does it change his students’, employees’ or co-workers’ high opinion of him.”

Oct 19 - The case against Brueckner-Thelander was scheduled for Dec. 14.

Dec 18 - See comments.

PLEA AND SENTENCING Dec 20 - Bruckner-Thelander entered an Alford plea. He will be on supervised probation three years and was ordered to pay $75,000 in restitution to the his ex-wife.

In August, after a years-long investigation by Peninsula Professional Services, a local private investigation firm, Brueckner-Thelander was arrested in his new home in Cornville, Ariz. and he was extradited to Worcester County in September to face the six-year-old charges. Bruckner-Thelander was a teacher at Sedona-Red Rock High School and later the director of the Sedona-Oak Creek Joint Unified District.

BACK IN COURT June 20, 2008 - Brueckner-Thelander was back in District Court on Tuesday for a probation violation hearing for failing to make restitution payments to his ex-wife. During the proceedings on Tuesday, parole and probation officials revealed Brueckner-Thelander’s financial situation was much rosier than originally believed including vast property holdings in several states including time-shares in Arizona and Hawaii and a revenue-producing ranch in Wyoming.

He will return to court November 10 during which time it will be determined if the defendant has the means to pay back his ex-wife sooner than anticipated.

East Moline, ILLINOIS

August 31, 2007 (Date is publication date) - Tracy Rockhold, 38, a kindergarten teacher, was fired by the school board this week. She has 10 days to appeal the decision.

She was terminated after shepleaded guilty to second-degree theft, a felony, on July 26, 2007.

In her plea in Scott County District Court, she admitted to taking $2,195.60 in merchandise from SuperTarget on Nov. 12, 2006, according to East Moline School District superintendent Barry Green.

She was given a deferred judgment and sentence, meaning if she does not commit another crime for two years her record will be wiped clean.

THE PROCESS: STEP A: The teacher has a right to request, within 10 days of receiving notice, a hearing before the school board about the termination.

STEP B: If the school board upholds the termination, then the teacher has the right to appeal to the State Board of Education, which makes a determination as to whether the termination is valid or not.

In cases such as these, the Illinois Education Association advises the tenured teacher of their due process rights, represents them and provides legal counsel.

ONLINE READING: See The Hidden Costs of Tenure, a series by Scott Reeder.

Santa Barbara, CALIFORNIA

August 30, 2007 - Bruce Duane Nelson, 55, a Solutions Rehabilitation Center staff member and assistant boy’s basketball coach at Santa Barbara High School, has been charged with sexually assaulting a patient who was at the center.

Nelson was arrested at his home July 30. A bail hearing an additional charge was added. There are two other victims and a third has claimed he raped her 26 years ago. The prosecutor expects to file more charges. Bail is set at $500,000.

A preliminary hearing is scheduled for September 26.
Full Name: Bruce Duane Nelson

Yuma, ARIZONA

Sentenced to 34 years in prison. Another retrial to go.

Mar 27, 2007 - A retrial is scheduled for Philip Speers, 36, a second-grade teacher at St. Francis of Assisi School, who was convicted of two counts of sexual exploitation of a minor for child pornography.

Speers was entenced in 2002 to 34 years for the pornography. A year later, he was convicted of molesting girls and was sentenced to 71 years in prison. Both the 2002 and 2003 convictions were overturned by the Arizona Court of Appeals, which ruled that Speers' defense had not been allowed to use an expert witness to testify about how interview techniques used by police might have influenced the testimony of child witnesses, and that the defense was not allowed to call character witnesses at trial.

Speers is representing himself with the help of a court-appointed legal advisor.
Full Name: Philip Gregory Speers

Update June 25 - Jury selection has begun in the retrial. The retrial is scheduled to begin July 2. Speers is representing himself.

Update July 2 - The jury has been selected in the third trial of Philip Speers. Speers was convicted in his 1st 2 trials, but each time a judge overturned those convictions.
Since his arrest 7 years ago, he has remained bars.

Update July 17 - Speers is no longer going to represent himself. He will now be represented by his court-appointed advisory counsel. The expert witness testimony appears to have been effectively countered by the prosecution.

Update August 1 - The jury is still out in the case, but one juror has been replaced. No reason given.

VERDICT: August 2 - The jury found him guilty on two counts of molestation of a child. The jury also determined in its guilty findings that the victims were both under 15 years of age, which will greatly affect the sentence.

The current retrial is for Speers' 2003 conviction on the five charges for which he was originally sentenced to 71 years in prison.

Speers was also sentenced in 2002 to 34 years in prison after being convicted of two counts of sexual exploitation of a minor for having child pornography on his computer. He is also awaiting a retrial for the 2002 conviction.

He will be sentenced August 29.

SENTENCED: August 30 - Speers was sentenced to 34 years - 17 years for each count - after being convicted of molesting two of his students. By law, the sentences must be served consecutively, meaning once Speers finishes serving the first 17-year sentence, he will start serving the second.

His next retrial will be October 9.

Sept 19 - The county attorney's office will not retry Philip Gregory Speers on two counts of sexual exploitation of a minor for allegedly having child pornography on his computer.

New Haven, Connecticut

They found three to four million images of child pornography on discs in his home.

GUILTY PLEA: Mar 26, 2007 -
Paul Held, 68, a retired teacher, pleaded guilty to receiving child pornography. Held formerly worked at Bedford Middle School. He retired from teaching after 2003.

Held was arrested in August 2005 when he inadvertently left a CD full on child porn with images of children as young as 2 years old in a laptop he borrowed from a neighbor.

Law enforcement agents say they seized more than a thousand compact discs from Held's home in Westport.

They say each of the discs contained three-thousand to four-thousand images of child pornography. Connecticut US Attorney Kevin O'Connor says Held had a total of three to four million images, making him one of the most prolific collectors of child porn in Connecticut that prosecutors can remember.

[Bolding ours.]

From the arrest story: "“Some of the photographs also appeared to have been taken underneath school desks of unsuspecting female adolescents who were wearing skirts and dresses,” Jolinda L. Wnuk, a U.S. Immigration and Customs Enforcement agent, wrote in an affidavit. " And, "Held also confessed to taking at least four explicit pictures of children at his North Avenue home, one of whom was about 4 years old, investigators said."

In 2003, jury in Norwalk, after deliberating a little more than an hour, found Held innocent of molesting a 12-year-old girl in his art class.
Sentencing is scheduled for June 14.

U.S. Attorney's Office Press Release. (March 26, 2007)

SENTENCED: August 30, 2007 - Held was sentenced to more than 10 years in prison.
He must register as a sex offender when he is released, and will be under federal monitoring for the rest of his life that can include reviews of his computer use and random searches of his property.

Child Pornography and Teachers
TT - List guilty but not yet sentenced for child pornography.
TT - List sentenced for child pornography.

Call us puzzled

Two stories illustrate the absurdity of the coverage of a Texas teacher who a grand jury declined to indict for a teacher-student sexual relationship.

August 29, 2007 - KFDM reported that the grand jury no billed a high school teacher who was charged with a felony crime involving a female student. That means the case will not go to trial.

The District Attorney Henry Coe told KFDM News the grand jury didn't indict the teacher because of conflicting statements from witnesses. KFDM then spoke to students and a relative of the teacher.

We spoke with a number of his students, and all of them said he was innocent of the charge. They rallied around [the teacher] , saying he was an excellent teacher and coach and could not have done what his accuser alleged.

August 30 - The Beaumont Enterprise quoted from the brother of the accused who claimed it was too easy for accusers to tarnish the reputation of an educator.

The brother called the existing system, under which teachers are suspended immediately after any sort of accusation of impropriety, ridiculous.

"This type of accusation against educators happens more often than the public realizes," [quoting the brother who is] the athletic custodian at O.S. Wilson Middle School said. "I personally know of several cases - sometimes it's an honest misunderstanding. Much of the time, however, it is intentionally false. Something needs to be done to protect the educator."

TT - Quoting from a janitor who claims that much of the time the accusations are "intentionally false" is really straining credulity. For one, the accusations are vetted by the schools who investigate, the school boards who employ lawyers who also investigate and then police who spend weeks, sometimes months investigating. And that's all before an arrest that is also reviewed and approved by a prosecutor. What janitor calls teachers "educators"?

As for quoting from students or the teacher's family, we get lots of comments and e-mail from both groups. Few are ever correct. In fact, not one.

WASHINGTON

August 30, 2007 - Teachers in the Bethel School District are on strike. District website.

The announcement puts a halt to tomorrow's start of the school year for about 17,500 students and 1,000 teachers.

TT- you might remember the Bethel School District hired Jennifer Leigh Rice, the 37-year-old teacher arrested for kidnapping and having sex with a 10-year-old boy.

The school districts' actions were questioned in an article in the Tribune News. We called it irresponsible.

Tyler, TEXAS

Sentenced to 10 years' probation. Judge adds six months' in jail and first three years she will be under intensive supervision.

Substitute continued to teach in another school district three weeks after being indicted.

June 7, 2007 - A substitute teacher, Jennifer Bagley, 35, continued to teach in another school district three weeks after she was indicted for having sex with a 15-year-old female student.

She was indicted by the grand jury on May 3. The school district was unaware of her arrest or indictment until May 30.
Full Name: Jennifer Elizabeth Bagley

June 7 - Tyler Morning Telegraph reporters explain the lengthy paperwork process in the legal system.

August 13 - The trial that was expected to start today has been postponed until August 20th.

August 21 - Bagley was in court Monday, but after she left the courtroom, her attorney asked that 911 be called. Emergency medical personnel who transported her to East Texas Medical Center reported she took an excessive amount of Xanax, which is used to treat anxiety. She was admitted to the Behavioral Health Center.

August 28 - A jury was selected on Monday. Trial will proceed today.

CONVICTED and SENTENCED: August 30 - The jury convicted Bagley of having an improper relationship between educator and student. The same jury sentenced her to ten years' probation. Judge Skeen ordered that she serve six months in jail as a condition of her probation, and she will be under intensive supervision for the first three years.

Bagley will not have to register as a sex offender. State law does not require registration as a sex offender for improper relationship between an educator and student. *** HOWEVER, see below for Jan 2008 sentencing.

She has a pending charge of sexual assault of a child concerning the same victim and is scheduled to go to trial for that offense in October.

The victim was 16-years-old at the time. The sex continued for a year, and the victim testified the teacher also gave her marijuana, alcohol and other drugs.

Bagley frequently told her, "If I go down, you're going down with me," she said.

A male student at Bullard High School, during the same time, said Ms. Bagley supplied him with Xanax, Vicodin and other pain pills.Prosecutors said she also supplied the students with cocaine.

Ms. Bagley, who said she was bisexual, said "I haven't had sex with no students. ... I haven't given any students or children drugs."

SENTENCED 2nd TIME Jan 24, 2008 - Ms. Bagley pleaded guilty Thursday to sexual assault of a child, involving the same victim, and was sentenced by 241st District Judge Jack Skeen Jr. to 10 years probation. The probation will be concurrent with the probation ordered in August. She will have to register as a sex offender.

Lewisburg, WEST VIRGINIA

August 29, 2007 - Jennifer Tuckwiller, 54, a kindergarten teacher at Rupert Elementary School, was arrested for drunk driving -- on her way to school at 7:20 a.m.

It is, of course, a a personnel matter and the school system will investigate.

August 29 - From the Register-Herald: The school says an investigation has begun. Tuckwiller was involved in a one-car accident before her arrest. Her blood alchohol was .215 The legal limit is .08 The complaint stated Tuckwiller “admitted to drinking two beers.” She also failed several field sobriety tests. The complaint did not state at what time Tuckwiller admitted to drinking the beer.

In conducting the one-leg test, Tuckwiller had to hold onto the cruiser.

Burrillville, RHODE ISLAND

Teaching the rule of law to students.

August 29, 2007 -The Burrillville School Committee has gone to court to end an illegal strike by teachers.

The teachers are dissatisfied with contract proposals that, according to a union official, offer too little money and try to change their roles. They also disagreed with proposals to increase limits on class size.

The union membership, numbering 203 teachers, voted overwhelmingly in favor of a strike should their union leaders deem it necessary. It is illegal for public school teachers to strike in Rhode Island.

A a lawyer for the School Committee cited the town’s limited ability “to meet union financial requests” as an issue in the contract negotiations. The NEA says the system wants to change the role of teachers from professionals to staffers who take direction. :/

Copy of injunction request. PDF

New Jersey

August 29, 2007 -

A state appeals court ruled today that a former New Providence High School choir instructor, fired after admitting he kissed a male student on the lips in 2002, deserved a hearing before his teaching certificate could be revoked.

The ruling reversed a decision last year by the state Board of Education that revoked the teaching certificate of Stephen Fox, who worked for the New Providence Board of Education for nine years.

During his tenure, Fox served as chairman of the high school's music department and choir director for the middle and high schools.

Unpublished decision. LINK Rutgers School of Law NJ Courts Search Page

TT - For a long time we've wondered if the Garden State shouldn't change their nickname.

Arroyo Grande, CALIFORNIA

Apr 25, 2007 - David Grey, 70, will stand trial for molesting one of his third-grade students. A judge found sufficient evidence to try him. Grey was arrested June 2006 and arraigned at that time.

According to court records, Grey attempted to French kiss one of his female students June 1 after school in his locked classroom. The 10-year-old student allegedly told her mother about the incident during her nightly prayers, and her mother filed a report with the San Luis Obispo County Sheriff’s Department.

PREVIOUS HISTORY In 1990, the Sheriff’s Department received a similar complaint about Grey and investigated the incident, which ended with the agency forwarding the case to the District Attorney’s Office and recommending charges be filed.

For unknown reasons, charges were never filed, and school district officials claim they were never notified of the investigation. Sheriff Department officials say the district was notified.
The alleged student molestation is the third such incident to occur within the school district in the past several years.

Grey will return to court May 15 to be formally arraigned.
Full Name: David Eugene Grey

TT - no reason given for the extraordinary delay. Just now showing up in search engines.

TRIAL: July 13, 2007 - On the second day of trial, jurors watched a 30-minute videotaped interview of the girl by a child psychologist, in which the girl said her teacher had kissed her on the mouth numerous times. The child thought he was a sicko. Grey resigned June 7.

TRIAL: July 12 (story date)- KSBY: According to investigators, Grey has two prior misconduct claims against him.

The victim's 10-year-old friend also spoke with the defense attorney's investigator telling him what she remembered.

"She went out and the door closed behind her. She tried to open the door but it was locked. She knocked on the door then looked through the window. Grey was walking toward the door with the student hanging from his neck," said Grey's attorney, David Hurst.

Other witnesses included a sheriff's detective who played a recorded interview between the victim where she told him her, "teacher did a something very bad."

TRIAL 4th DAY: July 18 - The defendant took the stand in his own defense on Tuesday. Closing arguments today.

VERDICT: July 19 - The jury acquitted Grey of the felony charge of lewd or lascivious act with a child younger than 14 but found him guilty of annoying or molesting a child. The latter is a misdemeanor. Jury instructions from the judge said they had to choose between one or the other charges. Sentencing is scheduled for August 20.

LAWSUIT: August 12 - The family of the girl has sued both Grey and the school district, claiming officials failed to protect students and allowed the teacher to act inappropriately.

The district trained all employees over the past two years on appropriate teacher-student behavior.

The Tribune provides a link to a copy of the lawsuit. PDF

The paper provides a link to a PowerPoint presentation given to teachers. LINK

TT - If you do nothing else, look at the PowerPoint presentation, the misspellings, the bad grammar, the inappropriate illustrations and the general lack focus on the seriousness of the issue. At no time do they remind teachers that they are mandatory reporters who are obligated to report abuse, or suspected abuse, even if it is a fellow teacher, perhaps especially if it is a teacher. The test at the end of the presentation is unworthy of people who call themselves "educators."

SENTENCED: August 29 - Grey was sentenced to 180 days in San Luis Obispo County Jail.

The County Probation Department recommended David Eugene Grey, 70, spend 270 days in jail for the conviction, but Judge Michael Duffy felt the recommendation was too harsh.

The maximum sentence was one year in County Jail.“Two hundred seventy days was a bit much,” Duffy said during this morning’s sentencing hearing, where Grey remained silent during the proceedings.

Nevertheless, the judge also ordered Grey not to have any communication or contact with girls under 18 and to stay 2,000 feet away from schools, parks and daycare facilities.

Downey, CALIFORNIA

Pleaded guilty, but it's all his fault.
He was 16 years-old and a special ed student.

Apr 4, 2007 - Jean Panzo-Montalbano, 53, a teacher's assistant in a special education program at Downey High School, was arrested on suspicion of having unlawful sexual intercourse with a 16-year-old boy.

The boy reported the crimes to Downey police. Panzo-Montalbano posted $20,000 bond.

Arraignment is scheduled for Apr 24.

May 3 - Panzo-Montalbano pleaded not guilty. She is due back in court June 5.

August 29, 2007 - Panzo-Montalbano was sentenced to three years probation, plus 45 days of house arrest and 800 hours of community service.

Just hours after she was sentenced to house arrest and community service for having unlawful sex with a special-education student, a former teacher's aide said her actions had been misconstrued and that she had been "railroaded" into accepting a plea bargain.

But Jean Panzo-Montalbano, 54, also acknowledged that she had engaged in repeated sex with the 16-year-old student and became an unhealthy distraction for him at a time when he was struggling in school.

"I'm guilty in a way that, as an adult, I should have not let this kid get into my head," she told the Press-Telegram. "It's like a little kid. If you don't keep them occupied, they'll find a toy instead."

Then she added: "I was that toy for that kid."

Sandi Gibbons, a spokeswoman for the Los Angeles County district attorney's office, said her office "does not approve of re-victimizing victims."

"The defendant pleaded guilty in this case," Gibbons said. "That's self-explanatory. She can rationalize it any way she wants."

San Leandro, CALIFORNIA

August 28, 2007 - In a case that illustrates how unions campaign for their candidates, an Appellate court agreed with the school district that the union couldn't put their newsletters in the teachers' school district mailbox.

The mailboxes are intended to communicate with teachers and staff on school-related matters. When the assistant school superintendent advised the union that they couldn't use the district facilities to distribute materials that contained campaign endorsements, the union sued.

First, the union claimed an unfair practice. That was dismissed by the Public Employee Relations Board.

A trial resulted in a win for the union and awarded attorney fees to the union. In reviewing the case, the Appellate court noted that the union already places their newsletters in the teacher's lounge. The court concluded by stating that, "Because the internal school mailbox system is a nonpublic forum and the District’s restrictions on its use are reasonable and viewpoint neutral, we conclude that the District’s policy is constitutional. We therefore reverse the trial court’s order and reversethe order awarding attorney fees."

The case is San Leandro Teachers Association v the Governing Board of the San Leandro Unified School District PDF
(Alameda County Super. Ct. No. RG05235795)

Hull, MASSACHUSETTS

Underming local control of schools.
Even when you aren't tenured, you can't be fired.

August 28, 2007 - First an arbitrator then a superior court judge have ruled that Alice Haseltine should not have lost her job because she didn’t receive a thorough enough review by school administrators before she was notified that she would not be brought back for the school year beginning September 2003.

She wasn't tenured, but "town’s contract with the Hull Teachers Association said teachers were supposed to be formally observed by a superior three times, and be given the results of those observations and a chance to respond."

The court ruling does not state the reason Hull school administrators gave for firing Haseltine. The Hull Teachers Association brought the lawsuit.

Litchfield, OHIO

Unusual sentence.

August 28, 2007 - Kathleen Ekama, a special education teacher at Litchfield Middle School who pleaded guilty to hitting a student in two separate incidents last February, was sentenced to 30-day suspended jail sentence. Originally charged with assault, she pleaded guilty to a reduced charge of disorderly conduct.

The judge also ordered Ekama to obey all laws for a period of two years and ordered that she never teach disabled students again.

Ekama will also be required to make a $250 donation to the National Tay-Sachs and Allied Diseases Association.

Nov 28 - The Ohio disciplinary records online show no entry for Kathleen Ekama at all.

Bandera, TEXAS

August 28, 2007 - Cathy Brown , 47, a Gifted and Talented Program teacher at Alkek and Hill Country Elementary schools, turned herself into authorities last week, after a grand jury indicted her on felony drug charges.

Police were called to the school when paraphernalia that appeared to be drug related, including a rolled up dollar bill, two cut straws and a jar with white residue were found in her desk. Brown claimed she found the items in her daughter's room and brought them to school for safekeeping.

She also claimed she gave a bag with white residue to a DARE officer at the school. He reportedly threw it away. He was fired for failing to follow department protocol and mishandling evidence.

Brown was indicted Aug. 20 for possession of a controlled substance - penalty group one - cocaine. The charge is a third-degree felony because the items were found in a drug-free zone.

East Greenbush, NEW YORK

ARRESTED: May 21, 2007 - Kirk Hellwig, 37, a social studies teacher at Columbia High School, was arrested charged with engaging in a sexual act (oral sex) with a 16-year-old male student on school grounds and during school hours.

Students reported rumors of the relationship to the principal. WCAX tv: Hellwing abused the student on three occasions in the classroom. The sex was not coerced. Hellwing pleaded not guilty. District letter to parents.

SUSPENDED: Hellwig has been suspended with pay.

May 22 - Hellwig's arrest, as reported in the Albany Times-Union, got a link by Drudge.

MYSPACE: May 22 - WTEN 10 found Hellwig's MySpace page where he claimed to be 15-years-old. After being given access by Hellwig, his private profile then explains that he is a 34-year-old teacher living in Albany, New York. Police say Hellwig is 37.

WTEN says that sources close to this investigation say the page sent up red flags to police way before recent allegations, after a complaint that questionable information about students was showing up on the teacher's page

GUILTY PLEA: August 28 - Hellwig pleaded guilty to one count each of first-degree disseminating indecent material over the Internet to a minor and third-degree criminal sex act.

"I had oral sex with a young man under the age of 17," Hellwig told Jacon when asked to explain his actions.

Hellwig was also ordered under terms of the plea agreement to surrender his state teaching license for life and to resign from the East Greenbush Central School District, according to First Assistant District Attorney Joseph Ahearn.

The judge told Hellwig that how much time he is sentenced to will depend on the contents of a psychological report still pending from a doctor who examined the defendant.

JAIL: Hellwig reported to jail one month early. He was supposed to be sentenced in October.

He will spend nine months to one year behind bars.

SENTENCED Nov 7 - Hellwig was sentenced today to up to a year in jail -not prison. He began serving his jail term in September.

SEX OFFENDER - Feb 28, 2008 - Hellwig appeared in court for a risk assessment hearing for inclusion on the state's Sex Offender Registry. After hearing arguments from Assistant District Attorney Christa Book and Hellwig's attorney Peter Mochetti, Jacon determined that Hellwig would be designated a Level 2 sex offender.

Hellwig, 38, must register with the Division of Criminal Justice Services and will be on the registry for life.

On the registry, Level 1 means a person is low risk of repeating the offense, Level 2 denotes a moderate risk of recidivism and Level 3 is a high risk.

Reed City, MICHIGAN

Former union president and assistant principal sentenced to 7 to 11 yrs. in prison, each, on two counts.

May 28, 2007 - Troy Guzikowski, 43, an assistant principal at Reed City High School and former union president, turned himself into police after a warrant was issued for his arrest for felony first-degree criminal sexual charges.

He is accused of sexually assaulting a female student. WZZM is reporting that police executed a warrant at Guzikowski's home Saturday afternoon and found some evidence at the home, but they're not saying what.

The victim is a student at Reed City High School . The father of two is expected to be arraigned on Tuesday. (Photo by Reed City High School)

CHARGED: May 30 - Guzikowski was charged with eight counts of criminal sexual conduct. He is being held without bond. Pretrial scheduled for June 5.

From same story:

This is not the first time a Reed City district staff member has been charged for sexual crimes. In 2002, former Upper Elementary School counselor David Harding was charged with four counts of CSC and a child sexual abusive material (pornography) charge. He was sentenced to 30 days in jail, six months on tether and five years probation for his crimes against four fourth- and fifth-grade students, he was also ordered to pay $4,000 in fines, $2,000 in costs and pay restitution to the victims.

CSC = Criminal sexual conduct.

Det. Sgt. Lance Workman, investigating officer for the Mecosta County Sheriff Department, urges anyone who has information that may pertain to the case to contact the Mecosta County Sheriff Department at (231) 592-0150.

GUILTY PLEA: August 4 - Guzikowski pleaded guilty to first-degree criminal sexual conduct.

Charges are related to an incident occurring with a female student on May 23, 2007 in Lincoln Township, Osceola County.

Guzikowski, 42, was originally charged with one count of CSC second-degree. The second charge was dropped.

Earlier this summer, the school administrator was charged with three counts of first-degree CSC and five counts of second-degree CSC in Mecosta County for incidents occurring with the same student last March through May.A plea deal was made within the two-county jurisdiction.

Guzikowski waived his right to trial and agreed to offer a guilty plea to one count of first-degree CSC in each county in exchange for a sentence of seven to 11 years on each count.

The sentences are to run concurrently. Guzikowski will be sentenced at the end of August.

The girl was 15-years-old.

RESIGNED: August 21 - From the Cadillac News: Guzikowski resigned. He is to be sentenced Aug 27.

SENTENCED: August 28, 2007 - From the Cadillac News:

There were few dry eyes in the courtroom Monday when former Reed City assistant principal Troy Guzikowski was sentenced on two charges of criminal sexual conduct. He will serve up to 11 years in prison.

As for the plea agreement,

“I see no reason to deviate from sentencing guidelines proving a minimum (for one count) 108 to 180 months,” [Judge] Hill-Kennedy said. “Likewise, I see no reason to deviate from the recommendations set out in the plea agreement.”Guzikowski received seven to 11 years on each of the two counts and will serve the sentences concurrently.

As a result of the conviction, Guzikowski will lose his teaching certification and become a registered a sex offender.

Christopher, ILLINOIS

August 28, 2007 - Gary D. Gisher 37, a teacher and varsity basketball coach at Christopher High School, was arrested and cited for driving under the influence and for illegal possession of cannabis and illegal possession of drug paraphernalia.

He posted bond and was released.

Napa Valley, CALIFORNIA

Just implementing a dress code is a headache.

August 16, 2007 - Statement by the Superintendent Regarding the Redwood Middle School Appropriate Attire Policy (Dated August 10, 2007)

Children get a better education in legal harassment than the 3 Rs.

August 28, 2007 - The Nashville school board has proposed a teacher dress code.

But the teachers, unlike the students, have union representation, and their acceptance isn't a sure thing.Nashville's district is the latest to tackle an issue that has caused skirmishes across the nation over whether male teachers should be required to wear ties and whether open-toed shoes, tattoos and piercings should be banned.

In Santa Ana, California, it's been a year-long battle.

"We really protested the high heels and that kind of nonsense," said Gladys Hall-Kessler, executive director of the Santa Ana Educators Association, a labor union.

"It resulted in a lawsuit. The judge determined the board could set the dress code, but the consequences [of any disciplinary action] had to be bargained with the teachers."

The Nashville union is similarly opposed.

"The dress should be left up to the individual to their own discretion based on their working circumstances," Huth said. "The reason the issue came up was that the administration apparently felt compelled to appease some parents who were concerned teachers didn't have a dress code and students did."

TT - Those damned parents.

Baltimore, MARYLAND

JURY VERDICT IN: NOT GUILTY ON ALL CHARGES

Jan 9, 2007 - A convicted felon who spent six years in prison for a 1995 second-degree murder conviction stemming from a fight was hired to teach in a private school. He's on trial now for rape.

HISTORY: Arrested in 2005, Charles Carroll, a teacher at Community Initiatives Academy is on trial starting this week. He is charged with second-degree rape, child abuse and other counts.

Testimony Tuesday revealed that the school's initial response to the girls' allegations strayed from typical procedure -- and might have violated state law, which requires teachers and others who supervise children to immediately report any signs of abuse to police or social services.

The alleged rape victim testified that when she and her friends approached a trusted teacher with their claims -- about a month after the girl says she was raped -- the teacher told an assistant principal.
The assistant principal then held a meeting that included the accusers and Carroll, who denied he had behaved inappropriately. The meeting did not include parents.

The girl was 15.

[TT-it isn't the first time we have read of children who are forced to confront the accused without a parent present. You can question the motives but the result is to intimidate the student into recanting. Whether this was the intention or not is something authorities ought to investigate.

No child, with or without a a parent, should be required to confront the accused unless police ask for the meeting, police are present throughout the meeting, and they control the setting and clearly state the purpose. It isn't something police will normally will do.]

MISTRIAL: Jan 12, 2007 - The judge has declared a mistrial due to witnesses’ testimony and not an error on the part of the prosecutor. The witnesses referred to allegations of other students.

NEW TRIAL: July 11 - Trial is scheduled to start today.

TRIAL POSTPONED: July 11 - The trial that was scheduled for today has been postponed until August 20th. The reason given is that no courtroom was available.

TRIAL: Jury selection was completed and the trial is scheduled to begin on Wednesday (Aug 22.)

His case focused attention on a regulatory loophole in Maryland, which allowed the school’s principal to hire Carroll even though he was convicted of murder a decade earlier.

NOT GUILTY VERDICT August 27, - A jury found Carroll NOT GUILTY. It took the jury less than a hour to come to their decision. See also Baltimore Sun coverage . Baltimore Examiner reports that the student had filed a civil lawsuit against Caroll and the school, a fact that was pointed out to the jury by Carroll's lawyers.

ALL REMAINING CHARGES DROPPED Nov 13 - All remaining charges have been dropped.

Prosecutors considered the two cases that were dropped today even weaker and said that they were abandoning them "in the interest of justice."

STILL JAILED Dec 3 - Carrolll has yet to be released. Prosecutors said they consider him a violent offender. Carroll is set to appear before a judge again on Tuesday on parole violations.

PROBATION HEARING SCHEDULED Dec 5 - The probation hearing has been rescheduled until next month so that the state's attorney's office could assign a new prosecutor.

PROBATION VIOLATION CHARGES DROPPED Jan 16 - Prosecutors will drop probation violation charges against Carroll because the girl accusing him of rape would not testify at the hearing. She will testify at a hearing on the revocation of Carroll's parole from prison for which he might return to prison for eight years.

In 1995, Carroll had been convicted of second-degree murder and sentenced to 30 years in prison, half of it suspended. He served six years and 11 months before being freed on parole.

The parole hearing has not been scheduled.

Irresponsible

“It is a problem,” he said. “Maybe new laws will come out of this.” **

August 27, 2007 - The problem is, Washington state already has a law on the books that requires school districts to report teachers suspected of sexual misconduct to the Office of Superintendent of Public Instruction. And a state law that requires school districts to communicate honestly and openly about job candidates.

Despite that, Jennifer Leigh Rice, managed to move to four different school districts where her behavior and performance was questioned.

BETHEL SCHOOL DISTRICT: Hired in September 1998 by the Bethel school district, five months later, they were allegations about her conduct at Spanaway Lake High School.

After five months on the job, the young teacher found herself in a room with the executive director of the Bethel district’s human resources department, the president of the teacher’s union and a district paralegal.

Rice was told there were allegations that she’d attended a student party where alcohol and marijuana were used, was befriending students outside school hours and may have pursued a romantic relationship with a male student in the Spanish Club she supervised, according to personnel records provided to The News Tribune as part of a public records request.

They placed her on leave while allegations were investigated.
They did not report their suspicions to the Office of Superintendent of Public Instruction.
They did not report their suspicions to police who are better qualified to investigate.
They did not report their suspicions to other school districts.
They did not report their suspicions to parents.
The principal at Spanaway Lake High later wrote a letter of recommendation for Rice for her job in Tacoma schools.

As for the district investigation, the school district claimed that

Jennifer Rice’s behavior constituted poor judgment and lack of appropriate boundaries, but the district’s investigation found no evidence of sexual misconduct,” Bethel spokesman Mark Wenzel said recently in explaining why Rice was not reported to the state superintendent’s office. [TT - This, despite the fact that they are not qualified investigators and their obligation was to protect children which meant referring the matter to police.]

Three weeks after the meeting, Rice was reassigned to be a substitute teacher. She resigned at the end of the year.

THURSTON SCHOOL DISTRICT: Rice was hired in 2001 in another school district where no problems seem to have occurred, but they chose not to renew her contract.

YELM SCHOOL DISTRICT: In 2005, she was hired by the Yelm school district. They called the Bethel district who told them she wouldn't be rehired as high school teacher, but maybe as an elementary school teacher. She served one year. They decided not to rehire her.

TACOMA SCHOOL DISTRICT: They received six letters of recommendation for Rice, including one from the principal of Spanaway Lake High. They hired Rice before they got a response to letters they sent out to previous employers requesting information about whether Rice ever violated sexual misconduct rules while employed with those districts.

In November, Bethel schools confirmed they had signed off on the Washington State Sexual Misconduct Disclosure Release for Rice, meaning there was no finding of sexual misconduct in Bethel’s files. But the Bethel director of human resources added a personal note to have her counterpart at Tacoma call her.

This is where it gets odd.

The director of human resources for Tacoma schools worked as an administrator at Spanaway Lake High School while Rice taught there and knew of her troubles there, but she was not involved in the decision to hire Rice in Tacoma. When McGuire learned Rice had been hired in Tacoma, she brought the teacher’s previous troubles to the attention of her superiors, Albrecht said.

In December, deputy superintendent Ethelda Burke and human resources manager Chantana Yuong sat down with Rice to talk about what they’d learned from Bethel, according to Tacoma records.

They still did not remove her from the classroom.

In April they placed her on administrative leave, pending a review.
In July,they notified her they wouldn't renew her contract.
Police arrested Rice a month later.

** Quote from the Superintendent of the Yelm school district, Ethelda Burke.

Source: Article by Adam Lynn in The Tribune News, Tacoma, Washington.

TT - Link to Jennifer Rice

Litchfield, CONNECTICUT

August 27, 2007 - Adam C. Benedict, 29, a cross country and basketball coach at the Litchfield school system, was arrested on a warrant charging him with fourth-degree sexual assault and second-degree harassment.

He was also charged with interfering with an officer for refusing to answer the door when police arrived and identified themselves. Police said the charges involved former students, but did not identify them as being from the Litchfield school system.

Fourth-degree sexual assault is either a Class D felony, if the victim is under 16 years of age, or a Class A misdemeanor. It is described in state statutes as intentionally subjecting a victim to sexual contact without consent. The statute makes specific mention of application of this charge in cases where the accused is a teacher.

August 28 - From the Litchfield Enquirer:

Police allege that Mr. Benedict sexually assaulted the two students during the second semester of their senior year at his home, where he lives with his mother, Barbara Benedict, and later sent them threatening text messages on their cell phones at times while they were in class, according to an arrest affidavit prepared by State Police.

School officials learned of allegations in February after an anonymous phone call. It wasn't until another call to the Superintendent of Schools that the Department of Children and Families was alerted, according to police.

The two victims filed a complaint in July after the threatening messages. The next court appearance is September 17.

MARYLAND

All in one news story.

August 26, 2007 - In a kind of back-to-school story from the Baltimore Sun, trial date information is given for three teachers and a guidance counselor. (Links are to TT site.)

Kirsten Ann Kinley, 27,
sex with two male students.
Joseph Samuel Ellis, 25,
inappropriate conduct with several students.
Alan Meade Beier, 52,
contact with three students.
Alan Silberman, 62, - CHARGES LATER DISMISSED
crack cocaine in his car at school.

Oh, and students at Glenelg High are being advised to brown-bag it during the first few weeks of school. The kitchen is being renovated.

Durham, NORTH CAROLINA

August 25, 2007 - Grant F. Rockett, 49, a second-grade teacher at teacher at Central Park School for Children, entered an Alford Plea (no contest) of sexual battery and contributing to the delinquency of a minor. The felony charge of indecent liberties with a minor charge was dismissed.

Rockett "received suspended sentences and was released on supervised probation." His name was added to the N.C. Sex Offender and Public Protection Registry. Rockett must undergo a psychological evaluation and treatment plan. He cannot have any contact with the boy, who was 9-years-old when the encounter occurred.

The assistant district attorney said the former second-grade teacher kissed the boy on the lips and pulled the boy's pants down and touched his bare buttocks with his hand.

Rockett was fired in October after the allegations arose.

LICENSE ACTION: Jan 2008 License Revoked. Reason: Pled guilty to sexual battery.
N.C. Board of Education.

Charlotte, NORTH CAROLINA

We don't normally cover misdemeanor simple assault cases but the recommendation for firing caught our eye.

August 25, 2007 - Andrew Thiel, McClintock Middle School Principal, was convicted of misdemeanor simple assault for punching a 14-year-old boy in the chest.

He was sentenced to 20 days in jail -- suspended - and one years' probation. The judge also fined Thiel $100 and ordered him to perform 60 hours of community service.

Thiel has been suspended without pay, and school officials who investigated the incident recommended he be fired, said Charlotte-Mecklenburg Schools spokeswoman Kathleen Bell. Thiel has appealed the recommendation to the school board.

TT - Minutes of the Charlotte-Mecklenburg School Board meetings are online, but contain no teacher discipline information.