A teacher bound and gagged students and put cockroaches on their faces. And no child ever reported it?

I avoid posting a lot of initial reports about educators gone bad — including the recent spate of local stories about educators  “assaulting” kids — because the charges are often not substantiated.  But I have to offer up this story out of California for discussion for one reason — no student ever reported the alleged abuse, which is shocking once you read the sorts of things this teacher is accused of doing to his students. And photographing the abuse.

I wrote my master’s thesis on child abuse and understand why kids protect their parents but am baffled why no students told their parents about being bound and gagged by their teacher and having cockroaches placed on their faces. When I drive carpool, I hear a litany of so-called teacher transgressions from the kids, along the lines of, “Mrs. X was  mean because she wouldn’t give me enough time to finish my paper”  or “Mr. Y made us run extra laps in PE because some kids were talking.”

I can’t imagine not a single child alerting their parents to these horrors. Can anyone see their own child failing to report these incidents?

Here is an excerpt from the chilling story on AJC.com:

A Los Angeles elementary school teacher bound and gagged nearly two dozen children, put cockroaches on some of their faces and posed in photos with them, possibly inside a classroom, the Los Angeles County Sheriff’s Department said Tuesday. The investigation began when a film processor gave authorities some 40 photographs depicting blindfolded children in a classroom with their mouths taped shut.

A sheriff’s department statement said Mark Berndt, 61, was arrested Monday at his Torrance home and remained jailed Tuesday on $2.3 million bail. The district attorney’s office said Berndt has been charged with committing lewd acts with 23 boys and girls ages 7 to 10 between 2008 and 2010.

Berndt worked for more than 30 years at Miramonte Elementary School in an unincorporated area of south Los Angeles before being fired. Some of the photos showed Berndt with his arm around the children or with his hand over their mouths. Other pictures depicted girls with what appears to be a spoon up to their mouths as if they were going to ingest a clear-white liquid. A blue plastic spoon and container found in trash in Berndt’s classroom tested positive for semen, the statement said.

Some of the children’s mouths and faces had large, live Madagascar-type cockroaches on them, according to the statement. “It makes you sick to your stomach,” Los Angeles Unified School District Superintendent John Deasy told KTTV Fox 11 News, which first reported the arrest. The teacher was immediately removed when police informed the district and was fired, Deasy said.

No student ever came forward to report the abuse, he said. The sheriff’s department said a search warrant served on Berndt’s home led to the discovery of more than 100 similar photographs depicting children.

–From Maureen Downey, for the AJC Get Schooled blog

169 comments Add your comment

To Catlady from Good Mom

February 1st, 2012
3:40 am

Catlady, you write “I can give you 4 cases of kids going home and telling lies about teachers; the adults cleared their names eventually but never recovered–the students were never punished.”

Catlady, you must be choking on a hairball. Teachers tell lies. 178 teachers at APS lied and lied and lied on those CRCT tests. To date, they haven’t been punished.

Your constant defense of all behavior by all teachers crossed far over the line this time. I will never again have any respect for anything you might say.

To defend a pervert serving up spoonfulls of ejacul%te to children in school is outrageous and suspicious. You are disgusting.

To Eric from Good Mom

February 1st, 2012
3:45 am

ERic, you blamed Maureen for the crimes of a criminal. You wrote “Maureen, you’re succession of articles in the past several years has lead to a huge mistrust of teachers and public schools. Would you please move on to some other topic?”

Maureen’s succession of articles has not led anyone anywhere. The actions of the criminals is what has led the public to distrust. Ninety percent of all AMerican chiildren still go to public schools. So obviously those parents are trusting teachers,

The fact that you want to blame Maureen says alot about you.

To teacher&mom from Good Mom

February 1st, 2012
4:13 am

I agree with you that “Obviously he wasn’t the least bit concerned about an administrator, janitor, or fellow teacher stepping into his classroom. One has to wonder what the heck is going on at this school that someone can so openly abuse children.”

This is what frightens me the most. He clearly had no fear of being caught. Perhaps we shouldn’t ever have classroom doors. Maybe they should all stay open and perhaps we need laws and rules about not isolating teachers. Trailers make heinous crimes easy to hide. They are often parked in back of the school with a long walk to them. It would be very easy to do this crime in a trailer. A trailer is isolated, farther, much farther away from the administrators office and usually one has to walk outside to get to the trailer (no covered walkways).

To get in most school buildings, there is usually a locked door and someone has to look at a camera and buzz you in but almost anyone can walk up to a trailer parked out back. There is no security on the door. Any pervert can walk up to my kid’s class while he/she is in the trailer. Trailers provide no safe shelter during tornados, are fire hazards and now this …easy to perpetuate a crime. Most GA schools have trailers. It is a shame.

GM

Playing a Game from Good Mom

February 1st, 2012
4:45 am

The answer to Maureen’s question of why the students didn’t report it is that the students thought they were playing a game. That was made clear in the full LA times article.

Maureen, if you did your thesis on child abuse, I am very surprised you were surprised the students didn’t tell. They didn’t tell because they didn’t think there was anything to tell. They thought it was a game and of course they wouldn’t complain about that.

When was your research for your thesis, Maureen? I am very surprised you would not know that perverts trick children.

If we all think about it for just a moment…at that tender age we all make up silly unbelievable stories and tell our children. Reindeers fly and tooth fairies and so on. The children believe these stories. They are so innocent. So if it is easy to make a child believe a fat man in a red suit can fly all over the world in an evening delivering billions of presents, it would certainly be easy to tell the children that the white milky substance on the cookie or on the spoon was milk. THe cockraoches might have been a lesson about animals. Perverts use children because they are so naive.

sloboffthestreet

February 1st, 2012
5:50 am

There are some on here that need what is called “A CLUE.” For some strange reason I was under the impression many of you were Highly Educated Professionals. Well, once again I am WRONG. You people cry about anything and everything and even when being given proof you still continue to defend each other which makes me very suspicious of the group as a whole. And yes there are teachers right here in the Great State of Georgia who are abusive and when reported it is simply ignored by administration, BOE’s, local & state, and politicians. It’s amazing you folks whine you don’t have a union? Who needs one with a system like you have? And think of the money you save not having to pay dues! Georgia teachers bring a new meaning to “Right To Work State.”

Catlady, I can smell your litter box from here. I’m afraid just a simply scooping won’t fix the problem this time.

Dr Pangloss wrote,

“Well, I learned the difference between “it’s” and “its” in a public school.

I don’t think there’s any such thing as a public-run school.”

Here, Here. Not in this state there isn’t. They are simply taxpayer funded privately run schools. So yes, you folks are Highly Qualified. The question remains, is it in Education? I think NOT!

ScienceTeacher671

February 1st, 2012
6:03 am

I was nauseated by the story, and can’t believe (1) anyone would do these things, although appears obvious that this man did, (2) that none of the children apparently said anything to anyone, and (3) that no one else in the school had any suspicions that there were odd things going on.

Of course, several parts of the article also raised eyebrows…

At first, neither the parents nor the children believed they had been molested, so there wasn’t much reaction, according to sheriff’s spokesman Steve Whitmore. It was only after the matter of the semen was raised that they became alarmed.

And apparently the children volunteered to participate:

“The reason some of the kids are not his students, per se, is that during the lunch breaks or recess, he’d go out to the playground and entice them back to the classroom,” Marquez said.

“They didn’t know they were being violated in that manner,” he said. “They just thought it was a game.”

sloboffthestreet

February 1st, 2012
6:21 am

Dear MO,

What I don’t read in your “LINK” is that the school system and the authorities had these photos for a year before firing the nice teacher. WHAT?

catlady

February 1st, 2012
6:39 am

To those of you who say “you make me sick,” oh, well. Sometimes trying to be fair to someone who is accused of something, but not convicted, or arguing the opposite, gets you approbation from others.

IF this person did this, he should be put UNDER the jail, AFTER he is convicted.

As to my religious beliefs, NO, I have never been Baptist, or Catholic.

As to my “popularity,” kids and their parents clammor to be in my classes. The kids and their parents come back to see me and thank me. You are off base on this. I am frequently one of a child’s few cheerleaders and advocates.

And, yes, I have seen MANY horrors visited upon kids by their parents or parent’s live in, in the nearly 4 decades as a teacher, starting the first year when a little girl came to school with a handprint on her face. She had walked in on her mother and boyfriend in bed.

teacher&mom

February 1st, 2012
6:51 am

@GM: Cameras are not needed. All that is needed is doors with windows and an administrator who is willing to step outside his/her office and roam the halls.

An easy fix for the MANY problems that ail public education.

catlady

February 1st, 2012
6:54 am

Oh, and did I read the whole thing? No. It makes me sick to be aware of abuse like that described. I was unable to finish it. Our local judges know not to even think of putting me on a jury dealing with child abuse.

sloboffthestreet

February 1st, 2012
7:13 am

What is that awful smell??? AAAAAAAAHHHHHHHHHHHHH,,,,, CATS!!!

sloboffthestreet

February 1st, 2012
7:29 am

Oh teacher mom,

Cameras are needed. The only people who are opposed to the idea are ,,,,,,, TEACHERS! SURPRISE!! Then and only then will real education happen. And yes, we can then go to the video tape for a timely instant replay. Not a year later.

I find the huddled masses commenting on here attempting to defend one of their own the ones who are disgusting. Perhaps you folks can team up with Jessie Ventura and continue his Conspiracy Theories reality tv show. Or you can continue like teacher mom and blame it on administration. Oh no teacher mom. The other faculty members should not be expected to police one of their own?

I still cannot get over the fact they knew about this for a year and continued to allow this “THING” to practice his craft. All you folks who claim he is being falsely accused need help. And lots of it.

Not ABout Gov't Run Schools

February 1st, 2012
7:50 am

And I am the first to criticize the mess that public education is. This is about a sick person who happened to work in a pubic school. Of all of the issues public schools have, this is not one that can be pinned onto them.

Two words: Catholic priests.

sloboffthestreet

February 1st, 2012
8:27 am

The crazy is really coming out now. Catholic Priests?

Anonmom

February 1st, 2012
8:30 am

Y’all need to watch the “Hobart Shakespeareans” — it’s a documentary about a wonderful 4th or 5th grade teacher from south central LA –it depicts the “set up” of the schools in that part of the world — not much going on by way of doors and windows — I think you’ll see why no one saw – that doesn’t mean that there shouldn’t be video cameras in the rooms… it’s also an absolutely amazing story about what can actually be accomplished in the classroom with kids who don’t even speak English as their native language with a classroom stuffed to the gills. You should also get John Taylor Gatto’s books. I’ve started to read “Mass Weapons of Instruction” –it’s quite eye opening. I think you may start to re-think and question why, as a society, we do what we do. He taught in the NYC schools for 30 years — he resigned in the “Wall Street Journal” in an op ed piece. It’s very well researched and footnoted.

Anonmom

February 1st, 2012
8:34 am

Also, “The Freedom Writers” is a movie about a South Central LA high school — it’s very well done, based on the true story of a “newbie” idealistic and very intelligent English teacher who bucks the system. It’s received a lot of attention and is worth watching but won’t give you as much of the flavor for the elementary school setups in South Central LA (concrete buildings, doors opening to courtyards, that have no grass and no windows, individual rooms on outside hallways, etc.– my recollection from watching Hobart… like a lot of Miami schools .. they are not like ours, where they are inside a big building with rooms off of hallways).

teacher&mom

February 1st, 2012
8:48 am

@slob— stop and think for a moment….we placed cameras on buses to crack down on bullying and discipline, Did it improve conditions on the bus? Temporarily. Then the kids realized that no one checks the videos every single day. Eventually the threat of being caught on the camera wasn’t a real threat. Then the cameras begin to break and the money to replace them disappeared.

I’m not protecting the profession and I’m not opposed to the idea of cameras. I just think it will cost a ridiculous amount of money that can be accomplished by FREQUENT drop-in visits from the administration, lead teachers, etc.

Food for thought…if cameras are going to be effective, then someone would need to either sit in a control room every day monitoring every single classroom or review every single video at the end of the day. Is this efficient?

Frequent visits to the classroom would take care of many issues.

Catlady love from GM

February 1st, 2012
9:07 am

catlady, you claim your students love you and you claim their parents do too. that is not a sign that you are a good, honest person or a good teacher.

If you bothered to read the story you would know that this 30 year “teacher” was very well loved by both students and parents. He was often invited to the homes of the students — by their parents.

The teaching profession is not only not immune to pedophiles –it has more of them than other professions. Pedophiles seek out opportunities to be around children so they have a big pool of victims to choose from. This sicko you defend lived a couple blocks from the school and the park, where children are. Sandusky the rapist lived literally across the street from an elementary school and became the leader of a charity for disadvantaged children. It was his strategy to keep a nice flow of new victims handy.

So, telling us, catlady, that children and parents “love” you does not mean a darn thing. This pervert’s students and parents loved him too. You admit you haven’t read the story but you immediately rush to defend the pervert. You admit you don’t have the facts but you rush to defend the pervert. Protecting your own is more important to you and that is a huge red warning flag for everyone. You put yourself under suspicion when you rush to defend without the facts.

Because you are too busy to read, here are the facts:
The pictures were on film, which cann’t be retouched. A clerk at a photomat reported the pictures to police.
The pictures show the children with a spoon held to their lips as if they are about to drink the clear, white liquid.
The spoon in the photo was found by police in the trash with semen on it. The DNA test proved it was this pervert’s sperm.
There are more than 400 photographs of children in these positions and with cockroaches on their faces and being bound and gagged. The photos show the events happened in his classroom.

OK, now catlady, now do you believe? What other proof do you need? You say IF he committted the crime. IF? IF?

Will you admit it now that he is guilty? or will you continually defend this pervert simply for the fact that he is a “teacher’”?

sloboffthestreet

February 1st, 2012
9:17 am

Hey teacher mom,

Cameras on the bus would be much more effective if they were made public when a parent request to see the video tape. Also classroom cameras and live feed would cost no more than your pro board. We already pay for the internet feed. You won’t need anyone to monitor the feed. There are these new-fangled things called parents. Just think. You will be famous! And we can call it,,,,,,, Infinite Campus. What a great idea! And that dear teacher would take care of many if not all issues!!! Let’s Go To The Video Tape! Better yet. Let’s watch it live in living color.

sloboffthestreet

February 1st, 2012
9:23 am

The beauty of having cameras in the classroom is we as parents would be able to monitor your classroom like many of you monitor this blog instead of using your time during the school day doing what you claim you have no time to do. Ahh, by the way, that would be teaching our children in case someone out there didn’t realize what I just said.

WAR

February 1st, 2012
9:50 am

can someone please end his existence on earth. if i had the chance i would do it freely and willingly. no court in America would charge anyone with a crime.

WAR

February 1st, 2012
9:52 am

cameras in the class? get out of here with that jive. parents really dont want to see how their children behave. besides, they wouldnt believe it anyway and somehow blame the teacher for the childs behavior.

To War from GM

February 1st, 2012
10:02 am

War, the cameras aren’t proposed to find instances of naughty children. The proposed cameras are there to protect children from dangerous predators.
I agree with slob. Live feeds are easy to use. I even have another instance of IE open as I type this — where I can watch a live video feed from the zoo — the panda cam. My friend watches a live feed at work of his home — a security camera feed. It stays open all the time so that he can watch his home while he travels.

Slob is right. We don’t need to hire anyone to watch the video. We parents can do it ourselves.

Misbehaving children is not the purpose of the cameras, War, catching real crimes is the purpose. If cameras were in the classroom and hallways this pervert would not have been able to feed semen to kids and those boys would not have been able to rape the special needs teenager.

not the real sloboffthestreet

February 1st, 2012
10:07 am

I love the idea of cameras in the classroom. I can watch children from the start of classes on the East coast to the end of classes on the West coast.

Totally for their safety, of course.

maureen downey

February 1st, 2012
10:52 am

Hey Maureen,

What is with people being able to post using other peoples handle. This would be in reference to the 10:07 AM post that I didn’t write or post?

HS Public Teacher

February 1st, 2012
11:02 am

A dentist fondles a child while the child is under gas. This dentist feeds the child ejaculate. This dentist does this to multiple children. This dentist has been in practice for 30 years.

Are all dentists doomed? Is the dentist profession “broken”? Do you advocate that all dentists should now go through some extra step for whatever? Do you advocate that all dentists should be jailed?

No one, NO ONE, is saying that this monster should be protected. No one, NO ONE, is saying that all teachers are saints. No one, NO ONE, is whining that teachers are perfect.

This is a monster. This is an individual. This individual should be punished accordingly.

Should the administrators have caught this early on? Probably. So, I would suggest that the “fault of the system” falls into the administrators lap.

However, if you are unaware, whenever administrators are asked to do anything, they simply pass the buck and make teachers do it. So, this would end up being another responsibility for a classroom teacher to do rather than to focus on teaching contect to the students.

HS Public Teacher

February 1st, 2012
11:08 am

Regarding cameras in the classroom….

I love the idea! Rather than just the “live feed” that is mentioned, I want to record everything. In fact, I have been known to do this regularly (not every day) in my classes – sometimes with the kids knowing and sometimes without their knowing (yes, it is legal).

I use this to show parents when they come and meet with me. Sometimes, I show them how great their kid is…. how they participate in class, ask good questions, and so on. Sometimes, I should them when their kids aren’t so great. Maybe the mother refuses to think that her son would hit a girl. So, I click on “play” and show the mom.

I have no problem with cameras in the classroom at all.

Maureen Downey

February 1st, 2012
11:08 am

@to not the real maureen, See my edit of that poster, who is now in moderation.
Maureen

not the real sloboffthestreet

February 1st, 2012
11:17 am

If there are cameras in school, I can watch the children closely to see who needs extra ‘help’ after school.

gamom

February 1st, 2012
11:39 am

To the teachers who are wondering why this is reported. This is a matter of public record. You are teachers paid by tax dollars. These kind of abuses need exposure. You people are mandated reporters and your profession seems to attract an awful lot of pedophiles, along with the priesthood, college coaches, etc. They all need to be plastered all over the news, no one is singling you out. Please get over yourselves and be part of the solution not part of the problem. You want the news to go away – clean up your own profession, then. And you wonder why there is negative backlash, it’s because of comments made by educators on these and other blogs.

To HS Teacher from GOod Mom

February 1st, 2012
11:49 am

You say “No one, NO ONE, is saying that this monster should be protected. No one, NO ONE, is saying that all teachers are saints. No one, NO ONE, is whining that teachers are perfect.”

Catlady does. Read her posts. Without bothering to read the news story, she rushed to the defense of the pedophile, simply because he was a teacher.

When the facts proved absolutley conclusive tht the pervert did the crime (DNA analysis on the semen in the cup in the classroom proved was his), she still defended him and refused to admit he was guilty.

For every negative story about a teacher, she rushes to defend. She often bashes parents though.

So YES catlady is protecting the monster and the foul odor in her kitty litter is making most of us pretty sick.

HS Public Teacher

February 1st, 2012
12:19 pm

@gamom

You state: “This is a matter of public record. You are teachers paid by tax dollars. These kind of abuses need exposure.” Agree, agree, and agree.

You state: “You people are mandated reporters and your profession seems to attract an awful lot of pedophiles, along with the priesthood, college coaches, etc.” MAJOR disagree!!! If you look at the percentage of ‘monsters’ in teaching, I would bet it is far less than in many many other professions. Remember that there are likely MILLIONS of teachers in the nation.

I can understand WHY you would be so mis-informed. And, it is BECAUSE these few are in the news continuously (I’m sure we’ll hear about this one instance for months). So, you THINK that there are many teachers like this. But, it is not true. And, THIS is what is upsetting – that the news makes it appear as though it is widespread in the profession – and it is not.

You state: “Please get over yourselves and be part of the solution not part of the problem. You want the news to go away – clean up your own profession, then.”

Excuse me? Why the attitude from YOU? You are misinformed about the problem. The problem is NOT teaching. The problem is the monster. Get it? I doubt it.

You state: “And you wonder why there is negative backlash, it’s because of comments made by educators on these and other blogs.”

Again, excuse me? The ‘backlash’ as you put it is only a result of people like you that don’t understand the problem. If you would please first understand things, find out facts, and try a little cognitive processing before lashing out at teachers, maybe, just maybe, you will find a better response!

To HS Public Teacher

February 1st, 2012
12:22 pm

The teaching profession does have more pedophiles than other professions. Pedophiles seek out jobs that put them in a position of close proximity to children. Pedophiles also choose to live very near schools and public parks for that very reason.

HS Public Teacher

February 1st, 2012
12:41 pm

@To HS Public Teacher -

I challenge you to prove it. I do not believe for one second that the percentages of pedophiles in teaching is any greater (and I think far less) than other professions.

I agree that they may physically want to be near their victims such as chosing to visit parks or live near schools. However, keep in mind that to become a teacher does required college education and other vetting. That does make a difference.

gamom

February 1st, 2012
12:58 pm

Pedophiles are attracted th where hildren are. hs school teacher…you happen to be wrong here. what proof do you want…studies…i am sure there are those. Parents should never trust anyone with their kids…teacher…doctor..priest…it doesnt matter. I trust almost no one with my kids

bootney farnsworth

February 1st, 2012
1:18 pm

its actually -sadly- easy to understand.
pedophiles excel in shaming their victims to be quiet.
they are profoundly skilled manipulators.

if this pans out to be true, just turn the animal over to
the parents in a closed gym. send crew in to sweep up remains
in the morning. and hope he lingered in pain for a long time

To HS Teacher from Good Mom

February 1st, 2012
1:22 pm

You write “However, keep in mind that to become a teacher does required college education and other vetting. That does make a difference.”

If the vetting does so well, then how did this 30 year teacher feed semen to more than 400 kids?

You also assume that pedophiles must not be smart because teachers must have a college degree. Intelligence is not a barrier to pedophilia. Intelligent people in the book smart sense does not prevent pedophilia and let’s face it, the education major is an easy one to complete.

It’ downright weird that you agree pedophilies move to be close to children as in close proximity to schools and parks but you disagree they would become teachers in order to more easily perpetuate their crimes. It’s true. The same is true for volunteer opportunities. Those volunteer jobs that put adults in close proximity to children are also sought after by pedophiles. For example, the scouts, day care workers, recreation center staff and so on.

Let your fingers be your friend and google them up yourself.

From the Associated Press from Good Mom

February 1st, 2012
1:31 pm

HS Teacher, you wanted your proof. Here it is from the Associated Press:
Link: Source: http://www.allbusiness.com/legal/trial-procedure-statute-limitations/8921607-1.html#ixzz1l9jzDqdx

text:

A recent investigation by the Associated Press found that sexual abuse of students by the nation’s teachers is rampant – yet criminal and civil sanctions to punish this behavior are spotty at best.

Over a five-year period, the AP found more than 2,500 educators whose teaching credentials were revoked or surrendered for student abuse, and found that about half of them were also convicted of crimes related to their misconduct.

The investigation concluded that these numbers may be just the tip of the iceberg, noting that school administrators “make behind- the-scenes deals to avoid lawsuits and other trouble” and lawmakers shy away from tough punishments on the state or federal level for fear of disparaging a vital profession.

The result is that many offenders move from district to district and repeat their offenses – a scenario similar to the priest sexual abuse scandal that has plagued the Catholic Church for nearly a decade.

But the lawyers who represent sexually abused children and their families in litigation against teachers say the AP revelations are nothing new.

“The reason pedophiles want to teach or coach is: That’s where the kids are,” said Jeffrey R. Dion, a lawyer who is director of the National Crime Victim Bar Association (NCVBA) in Washington, D.C., an organization devoted to increasing awareness about civil remedies for crime victims. “It’s always been like that.”

Roxanne Conlin, a plaintiffs’ lawyer in Des Moines, Iowa, who has who has handled many of these cases, agreed.

“I’ve read dozens of articles [about teachers sexually abusing students] over the years and I always think someone will take action,” she said. “And it never happens. We’re a society that says we value children, but we don’t.”

Lawyers say litigation against teachers and school districts is difficult for a variety of reasons. The perpetrators themselves seldom have deep pockets, school districts are usually protected by sovereign immunity and strict damage caps, and statutes of limitations disqualify many potential cases.

The Crime Victims Bar tries to monitor litigation, although Dion said it’s impossible to keep statistics on cases filed. But he said there have been 191 appellate decisions involving allegations of child sexual abuse in schools.

The vast majority of these cases settle. But Conlin won a $20,000 verdict in 2005 against the Cedar Rapids, Iowa, school district for failing to protect a fifth grader, Jennah Branmow, from Gary C. Lindsey, who allegedly fondled the girl’s breasts.

The trial revealed that Lindsey’s behavior was nothing new. Thirty-one years earlier, Lindsey had been forced to quit his first teaching job in Oelwein, Iowa, for the same activity. He then moved on to a series of other schools.

The Bramows appealed the $20,000 verdict, contending that the trial court erred in excluding the testimony of a police forensic investigator who had interviewed the girl. The Iowa Court of Appeals, however, let the verdict stand (Bramow v. Cedar Rapids Community School District, No. 5-439/04-1118).

The Bramows reached a confidential settlement with Lindsey prior to the trial.

Dealing with denial

William Friedlander of Ithaca, N.Y., said he tries to bring teacher sex abuse cases in federal court in order to get them out of the local community. Teacher perpetrators are often very popular, he said, and people in the community often find it difficult to believe allegations against them.

As an example, he described a case that he brought against a popular math teacher and coach, Gary Serlo, on behalf of two boys who said they’d been abused by him.

Serlo was widely admired, and had been chosen by students and faculty as “teacher of the year.” But Friedlander said the admiration was not universal. His two clients and several other students complained of Serlo’s behavior and actions. In class, he fondled their backs and found reasons to reach for items so that he would rub against them. He grew more aggressive and began surreptitiously reaching into their pants.

Then he took one of the boys onto his boat and forced him to perform oral sex. The boy told his grandmother, who came to the school in a fit of rage, Friedlander said. The school looked into Serlo’s background, apparently for the first time, and saw that 24 years earlier – as a teacher in Pennsylvania – he’d served six months in prison when he was convicted on charges of attempted deviate sexual intercourse with eight named students.

Serlo was charged and convicted and is back in prison.

But the families also filed a Title IX suit in federal court. Both Serlo and the school district were named as defendants, and the claims included negligent hiring and negligent supervision.

“It’s very tricky handling these cases,” said Friedlander. “These kids need counseling and a lot of kids don’t want to do it because it’s traumatic. When you’re dealing with adolescents, it can just be very, very hard.”

So when the school district offered a confidential settlement, his clients accepted.

While Friedlander can’t talk about the case in any detail, he does talk about the events that led to the lawsuit and the criminal conviction.

“They had no policy, no training for anyone to recognize sexual abuse,” he said. “In depositions, teachers said they didn’t know what to do.”

In the wake of the lawsuit and criminal trial, the district now has a policy in place – and New York State now requires schools to conduct background checks on teachers they’re considering hiring.

Tips for plaintiffs’ lawyers

“These cases are very difficult,” Conlin said. “They require the ability to investigate independently, [because] the records will be incomplete and the people who know will be gone.”

Lawyers must also deal with federal school privacy laws that prohibit the release of personal information about students without the consent of parents or guardians.

Conlin said perpetrators are often difficult to corner and are skilled at talking their victims into secrecy.

“Most teacher pedophiles are very kind [to their victims],” she said. “They don’t threaten. They say, ‘This is our little secret.’”

Dion agreed. “It’s not something where a stranger jumps out of the bushes and grabs a kid,” he said. “They groom their victims over a long period of time. They tend to find victims whose credentials can be undermined. They pick kids from troubled homes, kids with behavioral problems.”

Before taking these cases, lawyers should conduct an “environmental scan” of the school where the alleged incidents occurred, suggested Mary Jo McGrath, a plaintiffs’ attorney with experience in sexual abuse cases and the founder of McGrath Systems, an educational consulting company in Santa Barbara, Calif.

The first indication of an abusive teacher typically comes in the form of rumors among students, said McGrath. Adults have a tendency to discount talk among schoolchildren, but “in 30 years of doing these cases, I can tell you that I’ve never heard a false rumor. Students know what’s going on.”

The first step for an investigating lawyer, therefore, is the student interview. Most students will be hesitant to share the information with adult authority figures, “but if you get them in the right environment, they’ll open up.”

“I tell them the reason I’m talking to them is to check on how school is going for them,” she said.

“But you don’t want to plant ideas, or use leading questions,” she said. “The interviews need to be well crafted. When they are, it’s amazing what comes out.”

It is also common for victims to come forward years – sometimes decades – later. Dion said the single biggest impediment to bringing civil actions for teacher sexual abuse is the statute of limitations. In most states, cases must be brought within two or three years of the incident. However, he pointed out, three states – Alaska, Delaware and Maine – have eliminated statutes of limitations for sex-abuse cases involving children.

He also said that some states have modified the law to adopt the concept of “delayed accrual.” These states allow individuals to claim a “point of awareness,” when they realize after the fact that they have been injured.

Another impediment for plaintiffs’ lawyers is sovereign immunity, which varies widely across the country. But Dion said lawyers should be aware that sovereign immunity doesn’t automatically preclude a claim. Sometimes, he said, school personnel can be named individually as defendants.

For instance, in 2000 the father of an abused South Carolina boy won a $105 million jury verdict for the emotional injuries that he suffered in learning of his son’s abuse. (”Father breaks new ground suing for sexual abuse of son,” Lawyers USA, Jan. 8, 2001. Search terms for Lawyers USA Archives: Meyers and Flowers).

In that case, a private school was held liable for only $250,000 because of the state’s charitable immunity statute, but two individual defendants were covered under the school’s insurance policy, each with $2-million limits.

“It takes creative litigation to figure out ways to get around some of the sovereign immunity issues to get justice for these victims,” Dion said. “It’s difficult, but it can be done.”

An ounce of prevention

“With a minimum amount of effort, [these suits can be] avoided,” said William Friedlander, an Ithaca, N.Y. lawyer who won a confidential settlement in a suit against teacher and school district.

Attorney Mary Jo McGrath, founder of McGrath Systems, a Santa Barbara, Calif., educational consulting company, said this holds true for any litigation against a school district. After many years as a plaintiffs’ lawyer, she now devotes much of her time to conducting training sessions for schools on how to avoid being sued for teacher sexual abuse.

A good anti-abuse, anti-harassment policy, she said, contains three tiers:

1. Awareness.

School personnel need to be made alert to “warning signs.” This includes teachers who are seen to be spending too much time with individual students.

“It also means recognizing what I call ‘boundary violations,’ like sitting too close, moving in too close, looking too closely into a student’s eyes,” said McGrath.

2. Intervention and complaint management.

People need to recognize what McGrath calls “the ‘Ick!’ factor” – reports that might not rise to the level of abuse but are nevertheless troubling.

3. Investigation by professionals.

gamom

February 1st, 2012
2:35 pm

Bravo good mom.

HS Public Teacher

February 1st, 2012
3:58 pm

@ga mom – Bite me.

HS Public Teacher

February 1st, 2012
4:01 pm

@ Good mom-

First, your article is not from the Associate Press. It is an opinion piece from an online magazine – hardly reputable.

Second, the only data given in your article is from an AP research piece. The article simple gives the number of 2500 teachers lost their certification. The article fails to mention if this is for a year, for 5 years, or for the history of manking – kinda makes a difference!

So, fine. Let’s say that it is for one year. And, there are millions of teachers in the US. I don’t know the exact number, but let’s say 3 million. That would mean that 0.08% of the teachers lost their certification. Do you really think that is a large percentage? Really?

And, do you think that the percentage of “monsters” is larger or smaller in the priesthood? Do you think it is larger or smaller than other professions?

I grow tired of battling wits with the unarmed.

HS Public Teacher

February 1st, 2012
4:02 pm

@ Good Mom.

First, your article is not from the Associated Press. It is an opinion piece from an online magazine – hardly reputable.

HS Public Teacher

February 1st, 2012
4:02 pm

Well, I have tried to respond to Good mom, but keep getting caught in filter.

sloboffthestreet

February 1st, 2012
4:03 pm

To: not the real sloboffthestreet

I’m certain you are not a real anything. People who are against such a thing as cameras in their classroom are most likely to be the ones that have secrets to hide from parents & administration. As for you watching children closely and providing after school help? This I have got to see!!!

Maureen, Is Moderation like Time Out?

sloboffthestreet

February 1st, 2012
4:05 pm

Maureen,

HS Public Teacher isn’t playing nice. Perhaps you could take away their sandbox playtime?

Maureen Downey

February 1st, 2012
4:06 pm

@Slob, the original one: Moderation is more akin to out-of-school suspension.
Maureen

Prof

February 1st, 2012
4:11 pm

In support of poor catlady—Please remember that in our court of law, the accused is presumed innocent until proven guilty.

I will also say that I have always regarded catlady’s posts as sensible and wise, and often warm-hearted.

gamom

February 1st, 2012
4:31 pm

HS teacher – if I am to understand your posting..you say that a college degree and other vetting might make a difference – abusers come from ALL walks of life. College Degree, no degree, it simply does not matter. Abusers are often ‘well liked’, respected, even revered, that’s how they ingratiate themselves to the families of victims. And masters at manipulation…if these kids were blind folded and rewarded for this game….this is perfectly reasonable why the kids didn’t report it. My question is …where was the administration? Is anyone watching these sickos.. Come On..this clown worked for 30 years and no one raised a question — especially the adults who are working at the school? ! Lots of questions here.. similar to Penn State. Makes me wonder how many other victims there are. It seems to me that a lot of educators don’t realize they are mandated reporters, and if they don’t report a suspicion, they are definitely part of the problem. And for your ‘bite me’ comment….WOW, enough said.

gamom

February 1st, 2012
4:32 pm

Yes the associated press did do a very indepth investigative report couple years ago. Google is your friend

Mahopinion

February 1st, 2012
4:35 pm

To cat lady and others defending this POS teacher.

Give me one good reason a cup and spoon in the classroom trash should test positive for semen. Just ONE good reason.

Anyone?