Montgomery, ALABAMA

CHARGED: Jan 19, 2007-
Patrick Epkins, a teacher's aide and a wrestling coach in the Elmore County School system was charged with rape of 14-year-old student.

WSFA12 wonders how he was acceptable to work in a classroom.

Court records show his wife asked for a protective order against him after a difficult divorce. He also has several bad check charges on his record.

In 2002, he forfeited a bond he'd signed for a 1995 criminal charge. Also in 2002, he pleaded guilty to a theft charge in Prattville.
And yet, Elmore County hired him to work with at-risk students in August 2005.

On January 16th, he was charged with contempt of court for failing to pay his fine from the 2002 theft to which he pleaded guilty.

GUILTY PLEA AND SENTENCING: July 25 - Epkins pleaded guilty to rape and was sentenced to two years in prison. He has to register as a sex offender twice a year upon release and must attend mandatory sex offender treatment

Midland, TEXAS

Sentenced to 26 years. He will not be eligible for parole for 13 years. Sex offender for life.
"He knows I love Winnie the Pooh," she said.

TRIAL: July 18, 2007 -
David Van Houten, 31, a social studies teacher at Midland Academy Charter School, is on trial, charged with four felonies, for sex with a 14-year-old girl.

An English teacher and a teacher's aide both testified. The English teacher saw the van Houten and the child kissing and described it as a "romantic" kiss. The aide testified that van Houten asked her to destroy letters in his desk. Instead, she gave them to the principal. A science teacher testified that she protested van Houten taking the girl out of her class.

Then the 14-year-old girl testified about the two sexual encounters on the floor of the classroom, that was preceded by the the CD's that he had given her of the music of the Beatles and Winnie the Pooh. He also bought her a necklace and held hands with her during field trips to see the "Aquila and the Bee" movie.

TT - And if you don't cry reading the humiliation of this little girl, you aren't human.

GUILTY VERDICT AND SENTENCING RECOMMENDATION
July 24 - Van Houton was convicted on all four second-degree felony counts, In the punishment phase of the trial, the jury recommended a 13-year sentence for each of the four felony charges of which it had convicted former middle school teacher David Van Houten.

The surprise of the day Monday was the punishment phase testimony of a 31-year-old Odessa woman who said Van Houten, her cousin, had molested her when they were 13 years old.

Van Houten is married and has a 5-year-old son. His wife supports him.

A judge will decide on Wednesday whether the sentence will run concurrently or consecutively.

SENTENCED: July 25 - Van Houten was sentenced to 26 years. He will not be eligible for parole for 13 years. He must also register as a Sex Offender for the rest of his life.

NO NEW TRIAL Oct 9 - Van Houten has been denied a new trial after his attorney claimed the case wasn't "properly litigated."

Queens, NEW YORK

Substitute discusses his fondness for oral sex with students.

July 25, 2007 - Michael Williams, 49, a substitute teacher at Long Island City HS, was charged with endangering the welfare of a child yesterday, after allegedly boasting to students about his fondness for performing and receiving oral sex.

On two occasions last December, Williams engaged in filthy banter about his sexual behavior with students aged 13 and 14 in the classroom, according to interviews with 12 students by a schools investigator and administrators.

Williams did not return calls for comment. The report notes that he denied discussing his private sexual life. Instead, he said, he discussed sex in the context of hip-hop lyrics.

New York Daily News: Williams also bragged about cheating on his wife. A girl used her cell phone to record a vulgar exchange between Williams and a student who can be heard begging him to "stop talking about this."

Williams has been banned from teaching since the January complaint.

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ONLINE RESOURCE: The Special Commissioner of Investigations for New York City Schools Here
Reports and Press Releases

Marietta, GEORGIA

July 25, 2007 - Leonard Lawley, Jr. 38, a teacher and coach at Sprayberry High School, was arrested on charges of child molestation and enticing a child for indecent purposes. It is alleged he molested a young relative.

Police are also looking into allegations that he took students to his home for sex. Students and parents have spoken to detectives about the student sex allegations.
Full Name: Leonard Templeton Lawley, Jr

July 26 - Cobb County school officials want to seek school board permission to fire Lawley. At least some of them.

July 30 - Lawley resigned.

August 15 - Investigators found photographs and videos of young girls posing nude and engaged in sex acts on of Lawley's computer.

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ONLINE RESOURCE: Georgia State Board of Education Decisions. LINK
(Appeals of decisions rendered by local boards of education in matters of school law pursuant to O.C.G.A. 20-2-1160. The appeals primarily involve matters relating to student discipline and the discipline and termination of certificated personnel, although any matter of school law can be appealed.)

Gloucester, MASSACHUSETTS

RANT

UPDATED to discuss newspaper editorial on the need to fire teachers convicted of felonies.

July 24, 2007 - A school can't fire a teacher who was sentenced for her fourth DUI. The school district doesn't have a policy for dealing with convicted employees, and they probably never will since collective bargaining would likely be required because the grounds for termination are laid out in each union's contract.

Kathleen Burley, 47, was the teacher who kicked one officer in the groin, bit another and had to be wrestled to the floor. She was sentenced to 4 1/2 years and 10 years' probation. TT - LINK She was found guilty of three counts of assault and battery on a police officer. Despite all that, the school claims they can't fire her. The responsibility is, apparently, on the Massachusetts Department of Education.

TT - It's up to the Massachusetts Department of Education to revoke her license, but don't expect much. They found no cause to revoke the teaching license of a Weymouth health education teacher who was convicted of his fifth drunk driving conviction last December. TT - LINK

UPDATE July 25 - The Gloucester Times editorial ("Felony policy needed in schools") on the need to adopt a school policy that would "state that felons have forfeited their right to work in the local schools." They write:

This is particularly important regarding alcohol abuse. Alcoholism is a disease, but drunken driving is a crime.

School leaders regularly tell students that there will be harsh consequences for drinking and driving. That message will be lost if students see that such consequences don't apply to faculty.If anything, the standards for teachers ought to be higher.

They are supposed to be setting an example for students.

TT - The editorial board of the Gloucester Times doesn't link to the collective bargaining agreement between their school committee members and the Gloucester Teacher's Association. Nor, the Gloucester Policy Manual, also online, that clearly states in Section note GBEC that

disciplinary action will be taken in accordance with contracts negotiated by the Gloucester School Committee with the bargaining unit representing the employee.

Source: Policy Manual PDF Section G pg 5

The bargaining agreement includes this proviso: "Teachers shall not be officially reprimanded, officially disciplined, dismissed reduced in rank or compensation, or denied a salary increase of any kind without just cause." Pg 37 B1

Just cause is explained here.

In other words, they can't fire a teacher who is convicted of a felony without the express consent of the union, who, otherwise, can file a grievance and can tie the school board, school and school administrators in legal tangles that could last months. Or years.

Brighton, COLORADO

Sentenced (sorta) to probation for failure to report sexual abuse of a student. Witness tampering charge dropped.

Jan 21, 2007 - David Mundy Sr, 53, Brighton Charter School Board president, pleaded not guilty to charges of tampering with a witness and failure to report sexual abuse. [TT-Bolding ours.]

Mundy allegedly waited to report alleged sexual contact to authorities between former Brighton Charter teacher Carrie McCandless and a teenage student on a school hiking trip to Estes Park in October until several days after it happened. McCandless’ case is being handled in Larimer County.

Mundy stepped down from the charter school board in December amid growing pressure from both parents and fellow board members. Mundy’s son, David Mundy Jr., was sentenced earlier this year in a separate case where he pleaded guilty to charges of sexual assault on a child and contributing to the delinquency of a minor for an incident involving three teenage girls including one Brighton Charter student. Mundy Jr. worked at the school as substitute teacher.

The trial is set for Jul 18.
TT entry for McCandless
TT entry for Mundy, Jr
McCandless' husband is principal of the school. He has not been involved in any of the improprieties.

June 15 - Mundy made a brief court appearance for hearings. Trial is scheduled for July 18.

GUILTY PLEA and SENTENCING : July 24 - Mundy pleaded guilty to a count of failure to report child abuse. District Court Judge Thomas Ensor "immediately sentenced Mundy, 53, to probation and a $500 fine." Charges dropped: tampering with three witnesses.

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ONLINE RESOURCE: Colorado teacher License Search LINK

State College, PENNSYLVANIA

July 25, 2007 - William A. Long Jr., 38, a teacher at Easterly Parkway Elementary School, resigned after showing up in court for a DUI sentencing with blood-alcohol content of .37

He was sentenced to six days to 12 months in jail followed by a year of supervised probation.

The board voted to accept his resignation. He had been a teacher at the school for 14 years.

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ONLINE RESOURCE: The Standards and Practices Practices Commission at the Pennsylvania Department of Education maintains and online list of actions taken against teaching certificates.

See their FAQ

Child Predators

QUOTE OF THE DAY

“Take time to notice if your child’s teacher, scout leader or a neighbor is paying extra attention to them or giving them extravagant gifts. Let your children know that they have the right to say no if they feel scared of uncomfortable.”

- Stacie Rumenap, the executive director of the national nonprofit group Stop Child Predators, from an article entitled, "Child predators don’t always use Internet, group warns"

North Adams, MASSACHUSETTS

July 25, 2007 - Steven M. Green, 42, a seventh-grade teacher at Silvio O. Conte Middle School, was arrested on June 12. He pleaded not guilty to a single charge of enticing a child under the age of 16 on Jul 20.

Green was suspended without pay "until the outcome of the case."

The case was continued until August 29.

St. Helena, CALIFORNIA

The victims were ages 15 and 16 when the assaults happened, and Sandler was 33.

April 7, 2008 - Hershel Sandler, 45, a St. Helena High School coach, delayed entering a plea this afternoon. His arraignment has been rescheduled to Thursday afternoon.

Sandler is charged with committing oral copulation with a girl under age 18 between March 2, 1996 and March 1, 1999; two counts of oral copulation with a girl under age 16 between March 21, 1997 and March 20, 1998; and having sex with a girl under age 16 between March 21, 1997 and March 20, 1998.

The alleged offenses were reported to police on Jan. 28, 2008 and on Nov. 6, 2007. The complaint alleges Sandler committed similar sexual misconduct against other girls, including other teenage girls and other volleyball players, and that evidence includes witnesses and admissions by Sandler.

Sandler resigned in October 2007.
Full Name: Hershel Bernard Sandler

ARRESTED April 3 - Sandler was arrested at his home Wednesday night. The victims, now adults, were 15 and 16 when most of the incidents occurred. Sandler resigned just before the start of the wrestling season last fall, shortly after allegations of sexual misconduct came to light, according to local press accounts.

ARRAIGNMENT DELAYED April 8 - Sandler delayed entering his plea to three counts of oral copulation with a minor and one count of lewd acts against a child. A continuance of the arraignment and a bail hearing are scheduled for Thursday afternoon. The arraignment was delayed last Thursday while he found a lawyer.

Sandler previously requested that he be released on his own recognizance. He is currently being held at Napa County Jail on $250,000 bail. Napa County Superior Court Judge Stephen Kroyer denied Sandler’s request last Thursday to be released on his own recognizance, calling him “a danger to the public based on what I’ve read in the complaint.”
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Department of Correction inmate custody entry for Sandler.
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NOT GUILTY PLEA April 11 - Sandler pleaded not guilty. Judge Rodney Stone reduced Sandler's bail to $100,000 from $250,000. The complaint alleges Sandler committed similar sexual misconduct against other girls, including other teenage girls and other volleyball players, and that evidence includes witnesses and admissions by Sandler. A preliminary hearing is scheduled for May 2.

SENTENCED July 23 - Sandler pleaded no contest last May to two counts of oral copulation. He was sentenced Wednesday to 270 days in Napa County Jail and five years of probation. The probation department recommended the court find that Herschel Sandler, 45, had served his time and allow him to leave the courtroom a free man.

Uppercase Judge Napa County Superior Court Judge Rodney Stone, however, disagreed, ordering Sandler to serve the nine months in the county jai - not prisonl. He must also register as a sex offender for the rest of his life.

Pleasantville, NEW JERSEY

Updated to include state monitor control of the district.




June 27, 2007 - There were calls for the resignation of Pleasantville School Board President James Pressley at the Board of Education meeting. Among the comments,

“What kind of behavior do you expect from our students?” said Charlene Clark, a special education teacher at Pleasantville High School. Clark said that as president, Pressley should lead by example, and called his behavior “discouraging.”

Pressley, 22, has said repeatedly he will not step down after being charged with DWI and reckless driving, as well as civilian complaints of assault and terroristic threats filed by board member Jerome Page and Atlantic City resident John Bunch, respectively, all within the past two weeks.

Clark submitted her resignation after the board meeting.

An editorial in the Press of Atlantic City urges the two-term, 22-year-old Pressley to resign.

Of course, any mention of the Pleasantville school district must be accompanied by the word “troubled.” Questionable contracts, violations of state laws on public meetings and public records, endless political infighting and election shenanigans haunt this school board.

Jun 20 - Pressley is alleged to have threatened a man with a gun. After totalling his car and a DWI arrest, he spoke at the graduation ceremony and urged students not to repeat his mistakes.

Jun 18 - The school board was sued for refusing to provide minutes of board meetings. They were ordered to pay $18,000 in penalities and legal fees after a newspaper sued. state-appointed special monitor who will begin overseeing the district's finances July 2. New Jersey Department of Education press release. HERE

New Jersey AFL-CIO: "Since 1997, the New Jersey State AFL-CIO Labor Candidates Program enjoys a 76% win rate electing rank-and-file union members to public office for a total of 440 election victories so far!"

STATE MONITOR APPOINTED
July 2 - The Press of Atlantic City reports that a state-appointed monitor will take over the school district after years of controversy, scandal, personnel shuffles, legal wrangling and an unfavorable audit, as well as "A recent investigation by an independent law firm accused past and present school board members of violating the federal Racketeer Influenced and Corrupt Organizations Act, or RICO Act."

A press release dated March 29, 2007 by the New Jersey Department of Education outlines some of the concerns and the authority.

Under the “School District Accountability Act” approved by the Legislature and signed by Governor Corzine last year, the Commissioner has the authority to appoint a state monitor in districts where serious fiscal deficiencies have been identified. The Commissioner has already appointed monitors in Willingboro, Camden, Paterson and Irvington.

TT - Bolding ours.

School Matters on Pleasantville, NJ schools. Here

Amarillo, TEXAS

SENTENCED July 24, 2007 - Martha Lynn Perry, 50, an Amarillo High School, who pleaded guilty to sexual assault of a child was sentenced to eight and a half years probation and pay a $500 fine.

She must register as a sex offender. A charge of indecency with a child was dropped as part of the plea agreement. Perry is also barred from teaching.

She was indicted in 2004 for an inappropriate relationship with a child.

From cache of the Amarillo Times: Perry was arrested for performing a sex act on a 16-year-old male student. The victim was a student at a different school, not one of her students. She resigned effective Dec 14, 2004.

[Sgt. Randy] TenBrink said the charges against Perry stem from a different investigation involving Perry, which police learned about Nov. 18.

"We had a previous investigation running on the woman for knowing and failing to stop an aggravated sexual assault of a child," TenBrink said.

Police learned about Perry's alleged encounter with the teen while investigating the other incident, TenBrink said.

TenBrink said more charges could be filed against Perry for not reporting the alleged aggravated sexual assault of a child. [A 12-year-old girl.]

Child Protective Services has placed Perry's two children, a 12-year-old girl and a 10-year-old boy, into protective custody, according to court records.

HISTORY A mistrial was declared when the jury deadlocked in November 2005 on the charges sexual assault and three counts of indecent exposure.

ARRESTED (AGAIN) Oct 29 - Martha Lynn Perry was arrested for violating her probation.

The Randall County D.A.'s office believes Perry has had contact with at least 5 kids under 17. Earlier this year, Perry pleaded guilty to sexual assault of a child. It was from an inappropriate relationship she had with a student.

Last week, we reported that the D.A. received pictures of Perry having contact with young kids on a camping trip. Randall County tells us that they will file a motion to have her probation revoked.

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ONLINE RESOURCE: State Board for Educator Certification disciplinary action search. LINK
Investigations and Enforcement FAQ

Clarksville, TENNESSEE

July 24, 2007 - Andrew Cooper, 44, a Northwest High school economics teacher and boy's basketball coach, was charged with the death of his wife, Pamela Cooper, assistant principal at Kenwood High School. Police arrested him after a manhunt that lasted 17 hours.

The couple were divorced last year. Police allege that Cooper kidnapped his ex-wife, tied her up, and shot her in the bed of his pickup truck. Neighbors called police when they arguing, a woman scream and then shots.

Clarksville high school coach arrested in slaying of ex-wife

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ONLINE RESOURCE: Tennesee Board of Education explanation of Denial, Suspension and Revocation of Teacher and Administrator Licenses.

Teacher Certification Information Search LINK

Moses Lake, WASHINGTON

Guilty plea results in one-year probation for teacher carried out by four school personnel.

First reported Mar 23, 2007 -
Samson "Sam" Lyman, a Moses Lake High School teacher who was suspended in January, was carried out of the high school after "initiating a riot," an official said.

Four school personnel carried him out of the building by his arms and his legs after he burst through the cafeteria doors and began yelling that he had been treated unfairly, peppering his language with obscenities, Principal Dave Balcom said.

"When (school officials) approached him, he jumped on a chair and started initiating a riot in our school commons," Principal Dave Balcom said. "Unfortunately it led to us having to remove him."

A police officer met him on the sidewalk. Prosecutors are considering charges. Lyman resumed a sign-carrying protest he began days earlier outside the school.

UPDATE June 6 - Lyman is scheduled to appear in court July 23. The school district forwarded reports to the state teacher licensing agency. In a strange irony, Lyman continues to study at Washington State University to achieve a doctorate in educational philosophy

Lyman was on paid leave until the end of the school AND while an "intensive investigation is completed." He's planning on suing on the way his suspension was handled.

GUILTY PLEA and SENTENCE: July 24 - Lyman pleaded guilty to charges of criminal trespass and disorderly conduct. The judge placed him on probation until March 19, 2008, at which time the charges will be dropped, provided he has no other ciminal offenses during that time.

The high school did not extend Lyman's contract, effectively ending his employment, however, he still retains his license to teach.

Roanake, VIRGINIA

Pedophile on trial again.

July 24, 2007 - Jonathan Utin, 65, has been returned to Montgomery County to face charges that he had sex with a 12-year-old girl in the early 1970s.

In April, Utin was sentenced in Ohio to 15 years for molesting another girl. The Ohio girl was molested from the age of five to eight. She was at least the seventh victim the teacher admitted to abusing during his 30 years of being around children.

After Utin goes to trial in Virginia, he will be returned to Ohio to finish his sentence there. If he is convicted in Virginia, he will then be returned to Virginia to serve any sentence he is given here.

See TT entry for Utin.

Baltimore, MARYLAND

Sentence reduced for drug dealing teacher.

Jan 26, 2007 -
Timothy Hartlove, 37, a teacher at River Hill High School, has been sentenced to more than six years in prison for conspiring to distribute methamphetamine worth about $50,000.

At River Hill, Hartlove taught advanced placement courses, coached the debate and “It’s Academic” teams, and served as a faculty adviser to the Gay-Straight Alliance.

“He was a fabulous teacher,” said his attorney, Gary Bernstein. “He’s not going to be teaching in the state of Maryland because they took away his certification. It’s very dramatic. His whole life was about the teaching.”

He was terminated from Howard County public schools on Nov 11, 2005.

His lawyer said Hartlove was an addict and used the proceeds from his drug dealing to finance his habit.

Feb 1- Howard County Times reports that a search of Hartlove's Baltimore residence turned up methamphetamine, Ecstasy, marijuana and a quart of GHB, a substance known as the "date rape drug," according to a DEA agent.

SENTENCE REDUCED: July 24 - Hartlove was re-sentenced Monday to less than four years in prison for conspiring to distribute methamphetamine worth about $50,000.

Timothy Hartlove, 37, taught at River Hill High School in Columbia for four years. He coached the debate and “It’s Academic” teams, taught advanced placement courses and served as a faculty adviser to the Gay-Straight Alliance.

No reason given for the re-sentencing.

Largo, FLORIDA

July 24, 2007 - Richard Smith, 33, a Largo High School teacher, was arrested on charges of manufacture of a controlled substance for growing marijuana plants in his home.

Police, acting on a tip, found a bedroom dedicated to growing the plants.

Investigators say that they found five full-grown marijuana plants in the closet and eleven marijuana seedlings in the bedroom. Already harvested marijuana was located in an overhead closet in a computer room.

Full Name: Richard Montgomery Smith

See St. Petersburg Times, Jul 25 Pinellas teacher accused of growing marijuana in his house

Buffalo, NEW YORK

July 23, 2007 - A hearing was postponed for Paul Hempel, 49, a teacher in Buffalo who was arrested in a bar fight which began with Nicholas Hempel allegedly hurling racial slurs at a black festival worker.

Hempel was charged with criminal impersonation of a public servant. (He approached the victim and claimed to be a police officer.) His son, Nicholas Hempel, 22, was charged with third-degree assault, criminal possession of a controlled substance and criminal mischief with the intent to damage property.

Nicholas Hempel was arrested again later in the week for disorderly conduct in the City of Tonawanda after a police officer allegedly saw him urinating between two Canal Fest vendor tents along Main Street, according to reports.

Paul Hemple is the husband of former North Tonawanda Councilwoman Sue Hempel.

The story of the arrest will make you grit your teeth.

HEARING POSTPONED: August 8 - The criminal hearings both Hempels, accused in a racially motivated bar fight, were postponed for the second time after the prosecutor said he still could not contact victims in the case.

The black carnival workers did not respond to written and telephone messages.

Dolthan, ALABAMA

July 20, 2007 - An Alabama teacher arrested on two counts of enticing a child for immoral purposes in July was "let go" in May by the school when they found out that he had prior arrests for bad checks and simple battery in Georgia. He had worked six months before they learned of the charges.

After letting him go and before his arrest, they were notified by the state Board of Education that Keaton Lamar Battle, 34, met the suitability criteria for employment despite his arrest records.

Michael Sibley, a department spokesman, said the department determines the suitability of school employees with less-than-perfect records on a case-by-case basis. Sibley said a federal court ruling prevents the department from issuing a blanket list of offenses that will automatically excludes people from getting a job in education.

TT - LINK for Battle

TT - In Oregon, they wanted to hire teachers who have been convicted of misdemeanor prostitution in the past. LINK

UPDATE July 22 - Turns out that Battle previously worked in Seminole County, Georgia, before coming to PASS, and the former school district gave him an excellent rating. Except they failed to mention that Battle had been charged in Seminole County for roughing up a student. PASS learned about the history in March and let Battle teach until May when they did not renew him.

UPDATE July 24 - WTVY reports that the state notified the school district that there were discrepancies in Battle's record.

"The letter came in March to the individual and was never presented to the board. So the employment body had no knowledge that he had falsified information on his employment application," said Gayla White of Dothan City School Board.

TT - Why are teachers even allowed inside a classroom before background checks are completed? If a school decides to employ a teacher without the results, why don't they ask, as a condition of employment, that the candidate take a lie detector test? Honest to God, how hard is that?

Beaufort, SOUTH CAROLINA

June 26, 2007 - A South Carolina school district has a $2 million surplus that could have been returned to taxpayers - except for the lawsuits.

The Beaufort County School District owes $4.6 million in settlement of six lawsuits associated with students who were molested by elementary school teacher Phillip Underwood-Sheppard between 1999 and 2000.

TT - We reported earlier on the lawsuits and wondered then, and still do, "Why exactly was the school district liable?"

UPDATE July 24 - The County Council refused a request by the Beaufort County Board of Education to raise net taxes $2.9 million to help pay for the lawsuits. Part of the reason appears to be that they are counting on the school district to succeed in their lawsuit against the insurance company.

"If we don't win that lawsuit, we should all be shot," Councilman Paul Sommerville said. "Starting with you, sir," he said to school district attorney Allen Smith of Columbia-based Childs & Halligan.

UPDATE August 3 - An eighth victim may pursue a lawsuit against the school district.

The school district resolved seven of the cases -- six through a total of $4.6 million in cash settlements and a seventh through payments from the district's insurance carrier,United National Insurance.

TT - still no reason given why the district is liable.

August 13 - An increase in property taxes is planned to pay of the $4.55 million in settlements . STILL no reason given why the district was liable.