Sexual Predators in Our Schools

There is an article in today’s Albuquerque Journal regarding sexual misconduct allegations involving APS school employees that caught my I-Spy-Eye. Just yesterday, I read this AP article regarding sexual misconduct, sexual predators, sexual opportunists in our schools, and how state laws, schools, unions, deal with these matters. It seems this is a nation-wide problem that has far-reaching consequences.

In today’s Journal article, it talks about how APS has now implemented a one-time training session for new employees on the district’s code of conduct, including how and when to handle reporting suspicions of student abuse. This is great but it would seem everyone at APS would benefit from going through a training session on how to identify and report potential issues of abuse. It is also reported that the district is considering doing random background checks of employees which is within their legal authority and can have considerable costs associated with it.

It seems that, after an employee is hired and they’ve had their initial FBI background check, the employee is then required to report any criminal misconduct they have been charged, and/or convicted of while in employ of APS schools. This is a pretty common policy, as far as I can tell, from having read this type of information from other school districts across the nation. Random background checks can serve to catch those whom have not reported their criminal activities but does nothing if said person was accused but not charged, has had charges dropped, or was allowed to simply leave quietly.

In reading a recent AP report about how teacher’s disciplinary systems (”Teacher’s Discipline System Can Protect Offenders” Houston Chronicle), it documented how difficult it is to obtain information about school employees that have had trouble in other states and/or school districts. Here is part of the article:

Yet an official bulletin from California’s Commission on Teacher Credentialing reported only that Rucker’s teaching credential was revoked for misconduct under broad sections of state law that cover everything from theft to murder. The AP’s review found dozens of similar cases, often involving pleas of no contest, a common legal agreement that allows one to avoid a trial or civil liability, but still leads to conviction. California law also bars the credentialing commission from revealing the reason teachers who plead no contest lose their licenses.

It’s a dangerous loophole, says Assemblyman Todd Spitzer, a Republican from Orange County.

“There is the possibility that one of these people could move to another jurisdiction, most likely another state, and you wouldn’t be able to find out their history,” says Spitzer, a former prosecutor and high school English teacher.

Here’s how it can happen: California submits information on teachers who lose their licenses to a national database. But because of California’s law, the state only provides limited details. So officials in another state may find out that someone they want to hire had a problem in California, but it’s nearly impossible for them to learn more from education records. In some cases, school officials have only a one-year window to access California disciplinary records.

That came into play in 2002, after California granted a probationary license to Craig Kinder. He’d been forced out of a suburban St. Louis district amid accusations that he’d touched students inappropriately.

Kinder was acquitted on criminal charges - but California officials gave him a license only on the condition that he tell prospective employers about his past.

He didn’t do that when he applied at California’s Newport-Mesa Unified School District.And by the time district officials figured out he’d lied, the state - and the very California agency that required Kinder to disclose his history - had sealed his disciplinary records.

That made it tough to fire Kinder, says Lorri McCune, then the district’s assistant superintendent of human resources.

“This to me was a gross miscarriage of their responsibility,” McCune says. “We had basically no recourse, which really made me sick.”

Kinder eventually voluntarily surrendered his California license in 2003, after the Newport-Mesa district spent hundreds of thousands of dollars trying to force him out.

Now, consider the current case against substitute teacher, Robert Ashley, the man accused of “up-skirting” little girls in his classroom and now an admitted pedophile. The sheriff’s department found information that he was a teacher in California and may have been a substitute in Nevada and Colorado. (From Tribune: “Sub accused of voyeurism led classes at three city schools”)

What information could APS have had about this man if there was something recorded in his previous personnel files? Any schools considering hiring him would have difficulty accessing previous disciplinary actions and/or acquittals when you take into consideration all of the confidentiality laws throughout the nation. Did Ashley actually have an FBI background check and what did that look like? Of course, we’ll never know because that is a personnel issue for APS. It could very well be that there were no “red flags” or any other indicators considering how much he’s moved around and how suspicious behaviors are reported.

Ashley is just one of potentially many predators who know how to circumvent the system and continued preying upon our children through lack of solid policies/practices, national information registries, and open sharing of complete personnel files. Even more importantly, the processes in which these types of crimes are (or are not) reported, confidentiality laws, and bargaining agreements, have all contributed to a lack of information for schools to make good hiring decisions.

I was talking to my principal about this situation and he remarked that he’d never had a background check done on him in all of his years of working for APS. Now, I love my principal and find him to be a man of integrity, smart, and truly all about the kids. I would never think… Not in a million years… Not my principal…

In no way, shape, or form am I suggesting that my principal is a potential abuser but I am saying that it is this type of attitude that can lead to those who are potential abusers to work the system. This is where we all get caught up in emotion and opportunists are allowed to weasel their way into the system. It is unfortunate but a reality of the world we live in. The mere mention of possibility is enough for any educator to become extremely fearful for their job, livelihood, and reputation. Rightly so as there are so many perpetrators out there tarnishing this profession which only helps to continue these “shrouds of secrecy.”  I have a terrific relationship with my principal and spend a lot of time at the school.  But you just never know for sure and ensuring that we’ve done everything we can to protect someone like my wonderful principal from accusations is as important as protecting our kids against those that slip through the system.

I would hope that all APS employees are (now) given an opportunity to go through a background check, if only to keep themselves safe against accusations and/or suspicions. I know that’s a hefty cost but I do feel it should be a consideration of safety for the employees, the kids, and peace of mind for parents.

I think APS is doing the right thing but I also think it’s not enough. Once again, it comes down to having solid policies in place that not only protect our kids from those who have learned how to work around the system but that also protects our teachers (and other school employees) from being falsely accused and carrying that stigma with them wherever they go. Laws and policies must be written to keep these groups from harm but close the gap on those opportunists that find the loop holes, circumvent the system, and use this system to terrorize/abuse our children and create blight on a very noble profession.

I work in retail management and I’ve had to have a background check for every position I’ve ever held. It only makes sense that this is part of the hiring process and an ongoing requirement of the job. It’s sad, really, to have to even think like this but it’s about protecting the “good guys” and our kids. I’d rather take a proactive stance than be sorry in the long run because the “bad guys” are moving around and hiding within the very system meant to keep them from perpetuating their criminal behaviors.

On a personal note: I can remember being in the 7th grade at Madison Jr. High and walking between buildings on my way home from school. I heard someone whistle and turned to look; there stood a construction worker, eyeing me and motioning me toward him. He’d been working on one of the buildings and was standing in the doorway, pants unzipped, holding and stroking himself while smiling at me. It scared me so I ran. I ran all the way home and once I got there, I sat down and ran through my mind what I’d just saw. I was both repulsed and titillated by it. I was also 13 years old and didn’t know what to make of my feelings. I never told my mom what happened because of my conflicted feelings.

Now, as an adult, I completely understand what was happening and it scares me to think there are other kids out there who may have similar experiences but don’t run away in fear. God only knows what could happen. As parents, it’s tough enough to keep our kids safe within home environments without having to worry about what’s happening within our schools. I think Marty Esquivel is on to something about checking out construction workers (or anyone else working on school grounds, for that matter) for keeping our kids safe. It’s interesting to note that parent volunteers have to go through a background check in order to be around the kids. I’m pretty sure the same should be required of anyone working on/near/for a school. Last year, the city provided a grant so parents (or other volunteers required to have a background check) wouldn’t have to pay for the cost. I’m not sure but I think that grant has run out which, if true, is unfortunate as most parents can’t afford the $38, or so, bucks to go through the check.

Just something to think about… And from my perspective, something to do about.

It’s not just in our schools. This is a national problem. We need to do everything we can, as a society, as a nation, as a community, to keep our kids and our school employees safe from the opportunists and sicko’s of the world. It’s a tough job and I’m glad to see that APS is taking a few steps in the right direction to train, direct, and counsel within our schools. We need to broaden the scope of law to allow for better reporting to allow our schools to hire and follow-up in all aspects of hiring policies. True enough that it’s a difficult process to recruit and hire good, qualified applicants but these extra steps are necessary.

From today’s Journal article:

Teachers union president Ellen Bernstein wondered how much the random checks would help the district catch pedophiles with clean records.
“I don’t know that it would help,” she said, “but I don’t think that it would hurt.”

“When these accusations occurred,” said Rickman, speaking from a teacher’s perspective, “it’s one of those things that makes you wonder if you’re doing the right thing.”
Bernstein described the workshop as a chance for staff to get their questions answered about everything from proper behavior to the recourse of the accused.
“The safety of the student is paramount,” she said. “The No. 2 thing, of course, is the career of the teacher, and people are innocent until proven guilty, so it’s a very difficult balancing act.”

It definitely is a very difficult balancing act and it will take all of us to tip the scales in our favor, and in the favor of keeping our kids and the “good guys” safe.Contact your local legislator, senator, city representative, and let them know how important this matter is and request they begin looking at our state laws as well as national laws to strengthen those governing information release and reporting requirements toward teacher licensing laws, reporting of criminal convictions, as well as employee confidentiality rights.

Other interesting links:

Teachers and Trash Education

Series done by the Houston Chronicle:

Count of Educator sexual misconduct took months

Texas ranks 2nd in teachers sanctioned for sexual misconduct

Remembering that Texas is a death penalty state, it hasn’t seemed to have changed their ranking.

And in Chicago…

And in Louisiana…

And in Washington…

And in Colorado… (which has shared a particular teacher with New Mexico)

And in Utah…

And in Oregon… (This article is long and has an annoying request if you try to go to the second page… fill it in and read the entire article… it’s worth it.)

And on the flipside… is THIS what we’re headed toward?  I hope not…

Fear is a great motivator but let’s all hope that fear doesn’t keep people from going into the teaching profession.  Between NCLB, AYP, and all of the restrictions put on teachers these days, they certainly don’t need this kind of pressure when trying to simply do their jobs: teaching our kids.