| August 7, 2005 Law lags in tackling sex abuse in schools The Associated Press ALBANY — Nicholas Provanzana was the kind of teacher administrators, fellow teachers and students at Washingtonville High School loved — "the coolest teacher alive," according to one music student's Internet posting in 2003. They didn't know he had pleaded guilty to "offensive touching" of a minor in New Jersey after a night of heavy drinking and sex games in 2000 with two female students, according to New York state records. He served 60 days in jail and was on five years probation when he began teaching at Washingtonville, Orange County, state education records revealed. Provanzana was among at least 77 men and women school employees, from New York City to the smallest rural districts, who lost their licenses over the past five years for sexual misconduct involving students, according to records obtained under the state Freedom of Information Law. Common reason Beyond brief scandals in local headlines, the records show sex with students and sex- related offenses are by far the most common reason licenses are revoked or denied. Many of the teachers, principals, aides and coaches — men and women — abused children for months or years before their licenses were revoked. Rather than one-time sexual assaults, most are termed "sexual relationships" that can last months. The state records mirror the growing concern nationwide about sexual abuse of children in schools. Action against the abuse is hindered by victims' fear of not being believed, a bureaucracy that makes enforcement lengthy, uncertain and costly, and, often, fear of scandal. "We really aren't uncovering or investigating or aware of the full extent of what is happening," said Professor Charol Shakeshaft of Hofstra University, who has studied educator sexual abuse in New York and last year wrote an analysis of the scant research in the area for the U.S. Department of Education. She said the best study found nearly one in 10 students nationwide are targets of "educator sexual misconduct." The state records don't include private schools, which aren't subject to the same reporting requirements as public schools unless a teacher has a state license. Last week, a former English teacher at the all-boys Christian Brothers Academy in Albany was charged with rape for allegedly having sex with a student. Sandra Geisel, 42, was charged with two counts of third-degree rape and two counts of endangering the welfare of a child, police said. Educator abuse in public schools costs taxpayers millions of dollars in lawsuits and settlements — New York City alone paid $18.7 million in five years ending in 2001 to sexually abused students. Effect on victims listed Victims can suffer a loss of attention span and studying skills, lower grades, fear and embarrassment, sleep disorders and more, Shakeshaft's study said. "A lot of the misconduct is carried out by people who have been in schools a long time and were doing this for a long time and, finally, somebody noticed," Shakeshaft said. "It's probably not one child, but lots of children." There are several reasons abuse isn't reported right away, if at all. "In my interviews with school administrators, a lot of them don't particularly want it to come out because it's not something they would like the community to be aware of," she said. "Teachers tell me if, 'If I'm wrong and make a big deal of this, it will ruin a career.' I tell them if they are right about it and don't report it, they will ruin a kid's life." "But more often it's a lack of knowledge ... they are working in an organization that is not telling them what to do," Shakeshaft said. Any time accusations of sexual misconduct are made, the criminal justice system should be included, said Marjorie Smith, Dutchess County senior assistant district attorney. "It's important when allegations like these are made that they get reported to law enforcement," said Smith, who added if schools let law enforcement agencies do such investigations "it's more likely to result overall, I think, in an objective finding." Complaints increasing The number of complaints about school employees' moral conduct increased from 673 in 1998 to 980 in 2004, topping 1,000 three times, according to Education Department records. But most cases were deemed not credible by the state or there wasn't enough evidence to proceed, said Jonathan Burman, spokesman for the state Education Department. The number of licenses revoked, surrendered, suspended has averaged 40 since 1998. Of 113 case reports provided by the state in which licenses were revoked or denied in the last five years, 77 involved sex offenses, mostly after criminal convictions. Of 74 revocations, 59 were for sex acts involving children. Other reasons for license revocation or denial included cheating by teachers on standardized tests taken by their students, larceny, drug dealing and drunken driving. Shakeshaft called for two hours of focused training each year for school staff with a mandate to turn over reports to police to investigate, rather than school administrators who aren't trained to do so and could be motivated to close a case before it becomes public. Burman said the state already requires training for all school personnel on mandated reporting of sexual abuse. The training must be provided to teachers, nurses, counselors, psychologists, social workers, administrators and school board members. Superintendent Mary DeRose of Kings Park on Long Island said there are likely many more cases than are reflected in the records the state made public. In her experience, some teachers quit and move before they're charged or other cases are settled with the district. Incidents hushed up She acknowledge her district tries to keep the incidents from the public because of union and legal restrictions aimed at protecting the teacher. That advice comes from the district's lawyers. "I think we're doing the best we can under difficult circumstances," she said. "Remember, there is a lot of due process ... and you have to keep paying them" while an investigation is done and the teacher is assigned to home or duties away from children. "It can take a long, long time." She supports more training for school employees, but said there also must be greater law enforcement power to quickly handle a case and better investigate the backgrounds of prospective hires. State law requires fingerprinting of new hires and applicants are asked if they ever left a job or were fired because of disciplinary action or even the prospect of disciplinary action. The state records include cases in which applicants lied and were caught in a criminal background check before they were hired or, in some cases, years afterward. Alleged incidents can go unaddressed for years. Harry E. Lynch was accused of having "frequent sexual intercourse with a female student" in his music class at Ketcham High School in Wappingers Falls from 1993 to 1995, according to state records. He resigned in an agreement with the school in 2003. He never before had a disciplinary action against him in his 27-year career despite "rumors throughout the school" of the relationship in 1994-95, the records stated. Allegations surfaced only after Lynch allegedly started a sexual relationship with a younger student, the records showed. The state revoked his license in 2004, but records said no criminal charges were brought. The state Education Department's case was made against Lynch based on the testimony of the first victim, who was then in college. "She states that as a result of the relationship, she lost her innocence and self- respect," a state investigator wrote. "It was obvious as she was testifying that this relationship has caused her great difficulty over the past 10 years." Attempts to reach Wappingers Superintendent Richard Powell and board President Anthony Locicero Saturday were unsuccessful. States take action The national education journal Education Week reports states are starting to pay attention. Many states, including New York, have in recent years outlawed the long- standing "passing the trash" practice in which districts elicited quiet resignations in exchange for silence about the abuse to the public and even other districts looking to hire the offender. "We've heard of principals and vice principals trying to contain it and not call law enforcement, and there's a lack of training of teachers and administrators on how exactly they should respond," said Grier Weeks, executive director of the National Association to Protect Children that operates in 50 states and nine countries. "No one wants to cause the same kind of crisis in our schools that happened to the Catholic Church and that's why schools have got to take care of it themselves." Journal writers Kathianne Boniello and Larry Fisher-Hertz contributed to this report. var s_pageName="Crime/Courts Headline: Law lags in tackling sex abuse in schools"; New York policy The decision to revoke the license or deny a license to a teacher accused of sexual misconduct with students must survive lengthy due process and the state's Section 753. The formal policy called Section 753 in state corrections law requires officials "to encourage the licensing and employment of persons previously convicted of one or more criminal offenses" if the criminal background doesn't affect their teaching or pose a threat. Section 753 was part of the defense teacher Ricky M. Gonzales used in 2000 to seek to regain his teaching license. He had surrendered the license in 1994 after he was convicted of endangering the welfare of a child and receiving a sentence of three years probation, according to state records. The case states Gonzales, then 36, had a sexual relationship for several months on and off school grounds with a 15-year-old girl who was attending an unnamed school in the Cortland area. A three-member state panel recommended he get his credentials back. State Education Commissioner Richard Mills rejected the recommendation Cases listed Many reports of sex between school employees and students can take years to surface and often is the result of a police investigation, state records show. Among the cases: David C. Pearlman was an English teacher since 1972 and a licensed administrator since 1990. He was accused last year of having an "inappropriate sexual relationship" with a girl student from 1979 to 1982, the girl's sophomore through senior years at Rye Neck Union Free School District. His license was revoked. Dixie Lee Kucharski had her special education teaching license revoked in 2002 after a 16-year career. She was accused of having a sexual relationship with a 15-year-old boy in 1995. Duncan Ververs, who obtained his license to teach physical education in 1978, lost that license in 2003. The Brighton Central School District teacher was accused of sexual harassment of students, for which he received a "counseling memo" in the 2000-01 school year. Later, the state learned he had been accused of being involved in a sexual relationship with two other girls in the 1970s and early 1980s. Peter Helion surrendered his license in 2000 while a social studies teacher at Highland central schools after the district accused him of sexual relationships "with a number of female students in the 1980s." His application to regain his teaching license was denied in 2004. Helion, one of the few teachers who could be located, declined comment. Source: New York State Education Department records What to watch out for Sexual abuse by word or by touch is "woefully understudied," according to the U.S. Education Department report "Educator Sexual Misconduct: A Synthesis of Existing Literature." But the 2004 report's author, Hofstra University Professor Charol Shakeshift, said there are tips for school administrators, teachers, parents and students to watch for and ways to reduce instances of sexual misconduct by school employees: Realize any school employee and volunteer can molest. Educator sexual predators are often well-liked and consi-dered excellent teachers. Special education students or other vulnerable students are often targets. Coaches, music teachers and other adults who have access to students before or after school or in private situations are more likely to sexually abuse students. Physical signs of abuse include difficulty walking or sitting, torn clothing, stained or bloodied underwear, pain or itching in the genital area, venereal disease, pregnancy, weight change. Behavior in students who are abused could include inappropriate sexual behavior, late arrival to classes, changes in personality, increased time at school with one adult. Rumors are an important source of information on educator sexual misconduct. Behavior of adults who molest include close relationships with students, time spent alone with students, time spent before or after school with students, time spent in private spaces with students, flirting with students, off-color remarks in class. Recommendations The scant research in the field points to several recommendations. The report called for: Two hours of focused training every year for every school employee, new and veteran, and for students to watch for signs of abuse and report even rumors promptly. Better registries in states. A more comprehensive list of teachers implicated in sexual misconduct should be compiled to avoid teachers simply seeking new jobs, and new opportunities for abuse. Create an electronic federal registry for sexual misconduct cases and to list teachers who had their certification and licenses suspended. All states should adopt standard rules in handling sexual misconduct cases for any student, no matter the age, in any educational institution. All state laws should require school officials to report any alleged sexual misconduct and any suspension or resignation should be reported to state education departments. More laws should protect school officials from lawsuits for giving accurate job references that include sexual misconduct cases. States' personnel laws already protect former employers, but "additional laws will increase feelings of security." Source: Educator Sexual Misconduct: A Synthesis of Existing Literature, U.S. Education Department, 2004. http://www.poughkeepsiejournal.com/apps/pbcs.dll/article? AID=/20050807/NEWS05/508070341 |