Sexual Predators among Texas Educators is
Growing - Part 1 (Posted August 6,
2007)
September 1, 2003 a Texas law went into effect that
made it a 2nd Degree Felony for a teacher to have sexual
relations with a student, even if the sex is consensual and the student is
of legal age. Regardless of the law, educators in Texas, as well as
elsewhere, have the highest incidence of sexual assaults against teenage and
pre-teen students than any other profession. But regardless of this law and
the prevalence of its offenders, only five Texas teachers have served any
jail time under the statute making it a felony although proven incidences of
such conduct abound throughout the state.
Here’s a developing story that dramatizes the failure
of law enforcement to curb the trend. It was reported to me by a reader in
Sonora who has personal knowledge of the underlying facts.
Sonora is a small town rural community in Sutton
County where most everybody knows each other, if not intimately at least by
reputation. The Sonora ISD’s enrollment of 1,008 is made up of predominantly
Hispanic students. Its high school is the home of the Broncos and Lady
Broncos and embraces the following mission “To graduate all students with
the capacity to compete successfully in society by encouraging high
achievements in a caring, supportive, and highly motivated environment.”
Apparently, not all teachers or coaches at the high school agree.
Clayton Taylor is 37 years old, married and has two
children. Before this incident came under investigation, he was a sophomore
math teacher at Sonora High School. The student involved, who I’ll call
Tammy, was a 17-year-old female high school student and attended the same
school where Taylor taught. Their families knew one another socially.
Tammy’s parents bought their house from Taylor, she was a babysitter for his
children and on occasion they’d get together socially, the last time by
watching the Super Bowl together with Taylor and his family at his house.
Shortly after the Super Bowl, rumors started
circulating among some of Tammy’s friends concerning possible inappropriate
behavior between Taylor and Tammy. To quell their concerns, Taylor stopped
by Tammy’s house and spoke with her mother about this. He denied what was
being talked about at school and claimed they were just rumors saying: “he
would never do anything like that.”
Fortuitously, Tammy’s father stumbled across an
unsigned typewritten note in Tammy’s closet that said, “Thanks for this
morning, you were awesome.” Tammy’s father became concerned because of the
rumors he had heard and because the note didn’t sound like something another
teenager would say. He shared those concerns with his wife but they decided
to give Tammy the benefit of the doubt for the time being and took no
further action.
Shortly thereafter, however, another note of stronger
content and handwritten was found in the home. I’ve read a summary of what
the note contained. Nothing was left to the imagination. Tammy’s mother
confronted Tammy about it. At first Tammy denied that such a note existed
but when her mother told her she had a copy of it, Tammy admitted that she
and Taylor had been seeing each other and that they had sex together. About
20 additional notes were later found substantiating the relationship.
Ironically, some of their sexual trysts were held at a
vacant house owned by the school and located next door to the High School
and Jr. High School Principals’ offices.
Tammy’s mother arranged for a meeting with Taylor at a
nearby rodeo arena to seek collaboration of Tammy’s statements. Tammy’s
father stayed home for fear of what he might do to Taylor if he met him face
to face. Taylor admitted to the on-going relationship with her daughter and
the mother so informed her husband.
While Tammy’s parents were deciding what action they
would take, Taylor’s wife, who is also a teacher and heads up the Special
Education Department for all of Sonora’s schools, appeared at Tammy’s house
to inform Tammy’s parents that she knew all about the affair between Tammy
and her husband having come across a note in Taylor’s pick-up truck that
Tammy had written to Taylor. When confronted by his wife, Taylor admitted
the relationship to her. Taylor’s wife’s concern, however, was what Tammy’s
parents were going to do about it out of fear of the possible affect it may
have on her two young children.
Surprisingly, Taylor’s wife told them that Taylor was a
girl’s coach at Paint Rock ISD in Concho County, when she attended high
school there. A rumor circulated at the time that Taylor was dating a female
Paint Rock High School student. Taylor was about 27 years old when this
presumably occurred. Tammy’s parents suspect the high school girl may have
been Taylor’s present wife.
Upon further investigation by Tammy’s parents they
found out that the affair has been going on for the past six months and was
substantiated by numerous cell phone charges and notes found around the
house.
Next week I’ll describe what action Tammy’s parents
took, the result of the Texas Ranger’s investigation and the present status
of the case. .
And remember Klee’s Law: “The death of democracy is not
likely to be an assassination from ambush. It will be a slow extinction from
apathy, indifference, and undernourishment.” (Robert Hutchins)
©2007 Harvey
H. Klee
Sexual Predators Among Texas Educators is
Growing - Part 2 (Posted August 6, 2007)
Tammy’s parents subsequently met with the High School
Principal, Raul Chavarria. Chavarria told them that the School
Superintendent, Doug Bawcom, had inquired as to the rumors between Taylor
and Tammy and mentioned that Taylor had been calling in sick and not
appearing at school.
Following this rather unproductive meeting, Tammy’s
mother met with Bawcom. She told him of their concerns about their daughter
and one of the school’s teachers and the conversations she had with Taylor
and his wife. She also showed him copies of the notes and phone records
mentioned above. Bawcom told her he would notify the police and that she
could expect to be contacted by them. She never heard from Bawcom again
after this meeting. It was at this time that Taylor resigned from the Sonora
School District and is employed by Walsh Welding, a construction company.
Eventually the Sonoma District Attorney’s office was
informed of the incident and they, in turn, notified the Texas Rangers who
started their own investigation into the matter. But things started to
change. For one, Bawcom had no further communication with Tammy’s parents.
The District Attorney told the parents she had tried to contact Bawcom but
that he never returned her calls. When Tammy’s parents were eating at a
local restaurant, Bawcom entered, noticed the two sitting together but
avoided making any contact or conversation with them, whatsoever. The
“bunker mentality” that most school administrators get when confronted with
bad news of this nature had already began to settle in.
Both Tammy and her mother gave the investigating Texas
Ranger their separate statements. In the interim, however, Taylor called
Tammy’s mother. He apologized and encouraged her to drop the investigation
against him saying it was hurting his kids and family. To my knowledge, no
charges of obstruction of justice have been filed against Taylor for
attempting to coerce Tammy’s parents into withdrawing the complaint that had
been filed against him.
A meeting later was held with the Sonora District
Attorney, Laurie K. English, the Texas Ranger investigating the matter and
Tammy’s parents to update them on the status of the case. They were notified
that Taylor had admitted to the relationship with their daughter and had
turned himself in to the authorities.
At this same meeting, the D.A. informed Tammy’s parents
of a similar case in Ft. Stockton that she took to trial only to have the
teacher found not guilty and let go. The D.A. was offering Taylor 5 years
deferred probation in exchange for his guilty plea in the Tammy matter. When
the parents objected, they were informed that the penalty aspect of the
proceeding was up to Tammy, not the parents.
The parents’ attorney was not allowed to be present at
this meeting. If he were, he could have informed the D.A. that when a crime
has been committed, it is not up to the victim to determine if it should be
prosecuted but rather, the District Attorney. Even if Tammy is reluctant to
testify against Taylor, there is enough evidence available without her
testimony to establish that a 2nd Degree Felony had occurred.
The parents’ lawyer became further concerned when he
learned that the daughter-in-law of one of the Assistant District Attorneys
is Taylor’s wife’s sister i.e. Taylor’s sister-in-law. That relationship put
her in a position to prejudice the prosecution against Taylor.
Other matters have since come to light: Taylor’s father
is purportedly an ex-school superintendent, Larry Taylor, and believed to be
a mentor to new superintendents in the area. Tammy’s parents have been told
that, “He’s working overtime to keep this quiet.” Further, Tammy’s parents
say that instead of prosecuting wayward or marginal teachers, the district
allows them to resign and allow them to be hired to teach elsewhere in a
different school district. Sound familiar?
What will become of Mr. Taylor remains to be seen but
the problem is pervasive throughout the State of Texas. Just as some
communities appear lax in enforcing laws concerning drug use and abuse (I am
informed there are many known “meth” labs in Llano County, for example, that
seem to operate with impunity), so it is with sexual predator educators
across the state. Drugs and sex may have come to River City – but nobody
seems to care.
When it comes to taking strong action against teachers
who sexually assault students, the education establishment turns a deaf ear
to what is going on in their own schools. Instead, they sweep the problem
under the rug hoping it will go away and allow the offenders to be hired by
other school districts where they can molest children there. School
administrators are able to get away with it under the claim of government
immunity. If they were employed in the private sector, they’d be held
responsible for what goes on in their organizations and prosecuted to the
full extent of the law.
The Texas Education Agency is useless in attempting to
weed out offending educators as are the sundry educational-related
organizations that exist throughout the state. Our children and their
parents, as well as the taxpayers in general, deserve better.
I’ll keep you posted as further information become
available.
And remember Klee’s Law: “A great deal of intelligence
can be invested in ignorance when the need for illusion deep.” (Saul Bellow)
©2007 Harvey H. Klee
CORRECTION: The vacant house they were using is
not by the High School and Jr. High School Principals’ offices as reported
in "Sexual Predators Among Texas
Educators is Growing – Part 1." The vacant house is located between
their residences. The school owns these 3 houses in a residential area and
the house they used is in the middle of their houses.
Friday Night Lights – Out!
(July 31, 2006)
Former
Burnet High School Coach Sued for Sexual Assault upon a Minor
It wasn’t one of Foy Campbell Jr.’s most sterling
moments, although he had several of them in his illustrious career. As a
football coach in the local school district he was a hero on campus, admired
and looked up to by his colleagues and students alike. High moral standards
were expected of him both on and off the field. After all, he was the coach.
Not just any coach but one of the football coaches of the Burnet Bulldogs –
one of the most successful teams in the conference from Central Texas. It
was 2003 and once again they found themselves in the playoffs heading for
the state finals as they had the year before.
Campbell had more to celebrate that Tuesday night than
just a winning season. He was engaged to Rikkie Love, a teacher at Burnet
High School, and was soon to be married. His friends cooked up a bachelor
party for Coach Campbell, sort of a last fling at the single life before
exchanging marriage vows of lifelong fidelity. According to court documents,
around 10:00 p.m. as Campbell was driving under the influence of alcohol on
highway 29, he spied a couple of girls from Burnet High School driving down
the same highway. He signaled them to pull over in an uninhabited and unlit
area. What follows is abstracted from a sworn complaint filed July 25, 2006
in the United States District Court, Western District of Texas, Austin
Division.
Once they had pulled over, Campbell invited the two
girls to take a drive in his new truck. Campbell said he would let Veronica,
the 18 year-old and driver, to drive his truck. However, he coerced the
female passenger, 16 year-old Paige, into his truck by saying she could
either wait by the side of the highway in this dark and deserted area until
they came back or go with them. Paige didn’t have a driver’s license or even
a learner’s permit and was unable to drive home by herself. Besides,
Veronica was Paige’s cousin and older; she felt reasonably safe in getting
into the truck.
Once inside the truck, however, Campbell forced Paige
to perform fellatio on him in spite of her spoken refusals and pushing him
away. Campbell was older and stronger than Paige and held a position of
authority over her as a coach at the High School. She conceded, thinking it
the only way she would be able to get home. Campbell’s conduct is bad enough
but what followed, in my opinion, borders on criminal irresponsibility by
the school district and several of its employees.
Paige’s aunt notified Nick Prewitt, Assistant Principal
of Burnet High School, as to what had happened to her niece. Alleged in the
sworn complaint filed in this matter, he stated, “This should be kept quiet
because we (are) in the playoffs and this could hit the news media and not
be good for Paige or the school.”
Two days later, Paige and her mother appeared at a
meeting called by school officials. Jeffery Hanks, Superintendent of the
Burnet Consolidated Independent School District; Ed Middlebrooks, Assistant
Superintendent of the BCISD; Craig Spinn, Principal of Burnet High School;
and Prewitt were present. These four school representatives were all males.
The female school counselor, who called Paige’s mother encouraging her to
call Principal Spinn, did not attend the meeting. In fact, no victim’s
advocate, nurse, or anyone familiar with assisting child victims of sexual
assault attended the meeting which lasted over an hour and twenty minutes.
Following the meeting, Principal Spinn told Paige’s
mother that Child Protective Services would be notified and would contact
her about the incident as per school policy. Paige’s mother asked the school
to provide counseling for her daughter. Child Protective Services, however,
has never contacted Paige nor did the school arrange counseling for her.
Aggravating the situation further, Spinn told Paige’s
mother that he was aware Campbell had engaged in sexual relations with a
student in the Lampasas school district during his prior employment in that
district and that it had been “swept under the carpet” when Burnet High
School hired him. As it turned out, Campbell had engaged in multiple
instances of sexual misconduct with Lampasas students in 2001, yet he was
hired by BCISD.
Matters didn’t come to a halt following this high level
meeting with school administrators; Paige was assigned to a class taught by
Rikki Love, who by then had married Campbell. Paige immediately got leave
from another teacher to go to the office to get her class assignment
changed. She didn’t want to be in a class taught by the wife of the man who
sexually assaulted her. In the hallway, Paige was approached by teacher
Denise Love, Rikki’s mother and now Campbell’s mother-in-law, who called
Paige a “slut.” Both Rikki and Denise were later overheard talking about
Paige, calling her a liar and stating that they “didn’t care who heard them”
talking. The harassment continued. Paige was assigned to take classes from
teacher Frank Love, Campbell’s father-in law. The school refused Paige’s
mother’s request that she be reassigned.
Criminal charges were brought against Campbell to which
he pled guilty but only after the charges were reduced to that of a Class
“A” misdemeanor. He was placed on 30 days probation, fined $1,000 and $198
in court costs. This is the extent of the penalty paid by Campbell for
sexually assaulting a 16 year-old child even though the prosecuting attorney
submitted evidence of "Multiple instances of sexual misconduct,
inappropriate sexual behavior and improper relationship between and educator
and" two students in Lampasas County, Texas, where Campbell was previously
employed.
No penalty has been paid by the Burnet Consolidated
Independent School District, its administrators or teachers, however;
although they knew or should have known of Campbell’s propensities before he
was hired. It appears they chose to blame the victim after Campbell’s
assault against Paige became known. The District along with the
administrators and teachers mentioned herein, and of course Campbell, are
all named defendants in the lawsuit.
Employment at BCISD seems to be a family affair and
perhaps explains why the teachers and administration take on a bunker
mentality when any of their own comes under attack. Football may rule in
Texas but it shouldn’t trump the welfare of our children.
©2006 Harvey
H. Klee
[NOTE: The northeast section of Llano County lies
within the Burnet Consolidated ISD therefore this matter affects Llano
residents. ]
Did The DA’s Office Dropped the
Ball in the Baggett Case?
(October 23, 2006)
On July 25, 2006 Paige Eileen Baggett filed suit
against the Burnet Consolidated Independent School District, certain school
administrators, teachers and a male coach previously employed by the
district, due to an alleged sexual assault committed against plaintiff
Baggett on or about September 30, 2003. [NOTE: although the Civil Complaint
states the incident occurred on this date, the criminal complaint filed
earlier alleges the date of offense as September 30, 2004] The background
facts, as based on the sworn Complaint filed in this matter, are described
in detail in the article “Friday Night Lights – Out!” posted on the “Llano
ISD” section of this web site. Aside from the specific offense against
Baggett, there are two aspects of this case that deserve attention: The
school district’s culpability in this matter and the criminal prosecution of
Coach Campbell.
Criminal charges were brought against Coach Foy
Leighton Campbell in the 33rd District Court of Burnet County,
Texas under Article 22.04, Section (a) (3) of the Texas Penal Code, Injury
to a Child, a Class A misdemeanor.
Based on the sworn allegations set forth in the Civil
Complaint, however, Campbell’s conduct would constitute a First Degree
Felony as an Aggravated Sexual Assault, not a Class A misdemeanor. A person
commits an offense under Section 22.04 “if he intentionally, knowingly,
recklessly, or with criminal negligence…causes to a child…bodily injury.”
“Child” is defined under this section as “a person 14 years of age or
younger.” Baggett was 15 years old at the time of the offense and there is
no evidence of her suffering bodily injury. In other words, the offense as
charged simply does not fit the facts. On the other hand, one who commits
the kind of act of which Campbell was accused, regardless of the age of the
victim, commits a Felony in the First degree under Section 22.021 of the
Penal Code i.e. Aggravated Sexual Assault.
Should felony charges have been brought against
Campbell, he still may have been given a non-felony or misdemeanor sentence.
Under Section 12.44 (a) of the Penal Code, “A court may punish a defendant
who is convicted of a state jail felony by imposing the confinement
permissible as punishment for a Class A misdemeanor if, after considering
the gravity and circumstances of the felony committed and the history,
character, and rehabilitative needs of the defendant, the court finds that
such punishment would best serve the ends of justice.” As worded, this
section applies to one “who is convicted of a state jail felony” i.e. in
order to apply Class A misdemeanor punishment under this section one need
first be convicted of a felony.
Campbell may have initially been charged under Penal
Code 22.021, a felony, and later plea bargained it down to a Class A
misdemeanor since if convicted under Section 22.021 he still stood the
chance of having a lighter Class A misdemeanor sentence imposed. By plea
bargaining it down to a Class A misdemeanor he automatically would be
subject to Class A punishment. In addition, the reclassification would not
only lighten Campbell’s potential sentence, it would also avoid his having
to register as a sex offender.
The case was heard before Judge Doug Shaver on May 16,
2005. Eddie Shell represented Coach Campbell. Cheryl Nelson represented the
District Attorney’s office on behalf of the State of Texas. The maximum
punishment Campbell was facing, including enhancements, if any, was a $4,000
fine and/or one year in jail. Before the final decision on the case, ADA
Nelson filed a Supplemental Notice of Extraneous Offenses with the Court. In
it, Nelson advised the Court of prior Crimes and Bad Acts of defendant
Campbell: Multiple instances of sexual misconduct, inappropriate sexual
behavior and improper relationship between an educator and a student on or
about June 1, 2001 with two students in Lampasas County, Texas, where
Campbell was previously employed. Arguably, the Burnet Consolidated
Independent School District knew or should have known of these prior “Crimes
and Bad Acts” of Coach Campbell before he was ever hired and once known,
should not have hired him. More about this in another article.
In spite of the charges Campbell was facing with
respect to Baggett and the prior sexual offenses against two Lampasas
students in which he was involved, the Court only found Campbell guilty of
the offense “Injury to a Child,” a Class A misdemeanor. The plea agreement
also provided the placement of Campbell on 30 days probation and he was to
have no contact with the victim (Baggett) or her family.
It’s possible that Judge Shaver may have felt obliged
to honor the plea bargain agreement entered into between the parties but the
court is always free to disavow a plea agreement in the interest of justice.
But even with a Class A misdemeanor conviction, Campbell was facing up to
one year in jail and a $4,000 fine. Judge Shaver could have imposed the
maximum sentence but that didn’t happen. The sentence imposed was thirty
days in the county jail – probated i.e. suspended, and Campbell was placed
on community supervision for 30 days instead. He was given a $1,000 fine and
was required to pay court costs amounting to $198!
There you have it. An educator who appears to have a
pattern and practice of sexually abusing teenage students finally gets
caught and is only penalized $1,198, given a 30-day community supervised
sentence and is prohibited from having any contact with the victim or her
family. Why Campbell wasn’t prosecuted for Aggravated Sexual Assault
involving a minor remains a mystery. Why he was given the lightest of
sentences imaginable is beyond comprehension. What kind of message does the
Campbell case send to those who are in a like relationship with teenage
students who may be inclined to commit the same or similar offense?
And remember Klee’s Law: “”Nearly all men can stand
adversity, but if you want to test a man’s character, give him power.”
(Abraham Lincoln)
©2006 Harvey
H. Klee
The Burnet CISD and the Baggett
Case
(October 30, 2006)
Sexual assaults between teachers, school administrators
and students are becoming endemic. According to a major study by the U.S.
Department of Education – by far the most in-depth investigation to date –
millions of children might be victims of sexual misconduct by teachers or
other public school employees. In fact, says the study’s author, Charol
Shakeshaft, professor of educational administration at Hofstra University in
Hempstead, New York, the figures suggest “the physical sexual abuse of
students in schools is likely more than 100 times the abuse by priests.”
The problem is just as much local as national. Recently
a former Llano High School teacher and native Llanoite was arrested on two
charges of sexual assault of a child. Ex-coach Foy Leighton Campbell of the
Burnet CISD was convicted of “Injury to a Child” for having sexually
assaulted a 15 year-old female student at Burnet High School in 2004. He,
and others, is currently facing civil action. School districts are prone to
cover their tracks quickly when allegations of sexual misconduct between
teachers and students arise. The local media also is loath to report such
instances in a misguided attempt to remain on good terms with the local
school districts and protect their image. Accordingly, it is impossible to
get a good handle on how prevalent the problem is locally. If national
instances are any indication, however, the occurrences are frequent, as the
above-referenced study suggests.
What are the local school districts doing about it?
Apparently very little. Campbell was employed by the Lampasas ISD before
being hired by the Burnet school district as a football coach. While at
Lampasas, according to the 33rd District Attorney’s Office,
Campbell was involved in “multiple instances of sexual misconduct,
inappropriate sexual behavior and improper relationship between an educator
and a student on or about June 1, 2001 with two students in Lampasas County,
Texas,” The Burnet CISD either knew or should have known of these prior
“Crimes and Bad Acts” before Campbell was hired and once known, should not
have hired him. That’s why background checks are conducted: to weed out the
incompetent or undesirable. As later explained, according to one of the
allegations in the Complaint, the Burnet CISD did in fact know of Campbell’s
prior sexual relations with at least one student while employed at Lampasas
ISD.
Finding out whether or not a back ground check was in
fact conducted on Campbell and, if so, what were the findings is harder than
pulling teeth. The entire system of government-run education hides behind a
cloak of secrecy when it comes to such matters and hide behind a claim of
“immunity!” when they fail in their responsibility to protect our children.
It appears that Campbell’s propensities were known
beforehand but the district hired him anyway. I base this in part on the
indifference expressed by the Assistant High School Principal when the
Plaintiff’s aunt apprised him of what had occurred, as alleged in
Plaintiff’s sworn Complaint: “On or about November 19, 2003, Co-Defendant
Rick Prewitt, assistant high school principal, was made aware of the
incident against the Plaintiff by Plaintiff’s aunt. He stated to Plaintiff’s
aunt that ‘this should be kept quiet because we [are] in the playoffs and
this could hit the news media, and would not be good for Paige (plaintiff)
or the school.’”
The Complaint, however, goes further. It states that
Craig Spinn, High School Principal, told the Plaintiff’s mother that “he was
aware that co-defendant Foy Campbell had engaged in sexual relations with a
student at Lampasas during his employment by the school system in Lampasas,
and that it had been ‘swept under the carpet’ when Burnet High School hired
him.”
Based upon these allegations, more concern was placed
on the success of the BCISD’s football team and later, the school’s
reputation, than on the welfare of a 15 year-old female student who was
violated by one of their coaches or the welfare of other similarly situated
female students in the future.
As if throwing salt into an open wound, school
officials advised the Plaintiff’s mother that Child Protective Services
would be contacted as a matter of school policy and that the school would
provide counseling for her daughter, according to the Complaint. Almost
three years later, however, Child Welfare Services has yet to contact the
Plaintiff, making one wonder if they were not notified in the first place,
nor has counseling been set up by the high school. At this point counseling
would be a mute issue other than to reflect on the school’s bad faith and
insensitivity.
I earlier alluded to government-run schools having a
“bunker mentality” when their practices or procedures come under attack. A
good example is the recent case of the Lake Travis ISD suing a student’s
parents because they had exercised their rights under the Texas Open Records
Act. The district is claiming the requests were excessive while the parents
claim they have a lawful right to the information requested. Apparently the
district, not unlike most government agencies, doesn’t like it when too much
power is given to the people to investigate the goings on by government
officials.
Incidentally, Jennifer Riggs is the attorney
representing the parents in that case. Riggs also was recently successful in
getting a federal court to strike down part of the Austin smoking ban and is
the attorney representing Marian C. Bloss in her case against Ron Moore,
Llano County Administrator for the Department of Natural Resources.
©2006 Harvey
H. Klee
Are
School Districts a Haven for
Sexual Predators? (December 18, 2006)
On or about November 27, 2006 a call was made to the
Burnet Police Department from the Burnet Consolidated Independent School
District concerning a female teacher’s aid and her sexual involvement with a
17 year-old male high school student. That much was confirmed by local
authorities. No further information was given because the matter was
purportedly under investigation.
My sources, however, told me a student had seen the
employee taken into custody, handcuffed and removed from campus. Ironically,
the police investigation has been stalled because the notifying party, the
Burnet CISD, has of this date not filed a formal complaint and neither the
teacher’s aid nor the student will talk to police authorities, both having
hired lawyers. Both the teacher’s aid and student we’re interviewed by
school officials, however, the matter still goes officially as
“unreported.”
Earlier this year the wife of Burnet Middle School
Principal, Richard “Rick” Elsasser, was indicted for having sexual relations
with an 18 year-old male student. The accused, Danya Jean Elsasser, was
reportedly a teacher at R.J. Ritchi Elementary School and long-distance
track coach for the District at the time. She was later indicted for the
crime.
It was reported in one local paper that her alleged
crime, “inappropriate conduct between an educator and a student” was known
by district officials but never reported until Jeff Hanks, District
Superintendent, was confronted by law enforcement officials. Prior to that,
no report of the incident had been made by the school district as required
under the Texas Administration Code. It was further reported that
investigators were told by teachers that, “A message was sent from the
administration asking school employees not to talk about the incident.”
Apparently fearing repercussions if they talked, the teachers complied until
confronted by police investigators.
At a hearing on December 14, 2007, Elsasser had her
case continued. The matter is now expected to go back to the grand jury
sometime in January of next year.
Ex-coach Foy Leighton Campbell who was employed by the
Burnet CISD was convicted of “Injury to a Child” for having sexually
assaulted a 15 year-old female student at Burnet High School in 2004 is now
the subject of a civil lawsuit. [Read the full story in my article, “Friday
Night – Lights Out!”]
Again earlier this year, a former Llano High School
teacher and native Llanoite was arrested on two charges of sexual assault of
a child. Trial in that matter is also pending.
These cases have one thing in common: school districts
tend to stone-wall the issue, sometimes even to the extent of outwardly
denying that such incidents had occurred in face of contrary evidence.
Government-run schools are the sacred cow of “public
education” and anything that might reflect badly upon them is hushed up by
the powers that be i.e. principally the school districts - Burnet CISD’s
refusal to file a formal complaint in the Elsasser and teacher’s aid
incidents are just two examples.
As I indicated in my article, “The Burnet CISD and the
Baggett Case” (posted October 30, 2006), sexual assaults involving teachers,
school administrators and students are becoming pandemic. According to a
major study by the U.S. Department of Education – by far the most in-depth
investigation to date – millions of children might be victims of sexual
misconduct by teachers or other public school employees. In fact, says the
study’s author, Charol Shakeshaft, professor of educational administration
at Hofstra University in Hempstead, New York, the figures suggest “the
physical sexual abuse of students in schools is likely more than 100 times
the abuse by priests.”
Protecting the image of government-run schools takes
precedence over protecting our children – and that’s the dirty secret local
school officials are trying to hide. The story of ex-coach Campbell, the
Burnet CISD and members of its administration being sued, for example, would
probably never have been published but for my submitting the information to
The River Cities Tribune in advance of my posting the story on this web
site. No one in the media as of this date has picked up on the Teacher’s Aid
story and incidences of inappropriate sexual conduct between educator and
student are seldom, if ever, followed up, the Burnet Middle School teacher’s
case being an exception.
The problem with the middle school teacher and
teacher’s aid cases is with the school district failing to file formal
complaints against the errant employees so that the authorities can
investigate the matter officially. The school districts are mandated by
statute to report these incidents but are more prone to cover them up.
The schools have been hiding behind a cloak of immunity
for so long that they feel they can get away with anything, no matter how
offensive it might be. A perfect example was when two teachers employed by
the Llano ISD were found to have violated certain sections of the Texas
Election Code. Those involved were, in essence, unlawfully electioneering in
favor of school board candidates favorable to the same school superintendent
who took no action to discipline them after they were found guilty.
Or in the Campbell case, the Burnet CISD should never
have hired Campbell when his prior proclivity for sexual misconduct with
students was well known to the authorities? His involvement in “multiple
instances of sexual misconduct, inappropriate sexual behavior and improper
relationship” with two students in the Lampasas School District was a matter
of record.
Paradoxically, the Burnet CISD recently hosted a town
hall meeting to educate parents on the potential dangers of Internet use by
children – with emphasis on protecting children against sexual predators.
The Burnet CISD might well start with cleaning its own house by reviewing
its hiring practices, conducting extensive background checks, and promptly
prosecuting sexual predators among its own ranks.
Lord only knows what goes on behind closed doors in
executive sessions or how many teachers or staff members may be involved in
sexual indiscretions that we’re only now beginning to learn about. Parents
need to know the extent of the problem and what is being done about it, if
anything.
A simple downplaying of the issue isn’t going to
satisfy any parent in light of the tendency of administrators, teachers and
school boards to cover up what might be embarrassing to the school district.
It’s incongruous that school districts should go to great lengths to assure
a “drug-free” school environment but take little or no action to assure that
our local schools are free of sexual predators.
©2006 Harvey
H. Klee
[Update:
“Teacher Aid” later identified as student teacher, 24 years-old. The 17
year-old male student’s mother is purportedly a teacher for the district.
Craig Spinn Burnet High School Principal) reported the information to the
Burnet PD as “information only” i.e. a drop slip. It was assigned Case No.
20060441]
Baggett v Burnet CISD, el alia
– An Update
(December 11, 2006)
Defendants filed a Motion to Dismiss the case against
them in Baggett v Burnet CISD, et alia on August 15 of this year. One
reporter with a local newspaper asked the attorney representing Baggett what
she was going to do now that she lost the case. Apparently this reporter
believed that filing a Motion to Dismiss automatically dismisses the action
and the case is over.
To those of us who live on this side of reality, that’s
not the way it works. A Motion to Dismiss is a request made by a party to a
Complaint for the court to consider dismissing the Complaint against them
based on material facts and law. Sometimes the Motion is for a dismissal as
to only certain portions of the Complaint. But in either case, it’s up to
the court to decide, not the party filing the motion. Put another way, it’s
not over until the fat lady sings i.e. the court rules on the Motion..
The court has sung regarding Defendants Motion to
Dismiss:
Defendant’s Motion to Dismiss was directed against
Plaintiff’s original Complaint. Subsequent to its filing, the original
Complaint was amended and filed October 24, 2006. Defendant’s Motion
therefore was denied as being moot since the First Amended Complaint had the
legal effect of superseding the original Complaint. Defendants are free to
bring a new Motion to Dismiss the First Amended Complaint at a later date
should they choose to do so.
In addition, Defendants Jeffrey M. Hanks, Craig Spinn,
Ed Middlebrooks and Rick Prewitt were removed as parties to the action and
identified in the First Amended Complaint as agents acting on behalf of the
Burnet CISD i.e. they’re off the hook. The named defendants now are the
Burnet CISD, Denise Love, Frank Love, Rikki Love Campbell, Robin Castillo
and Foy Leighton Campbell, Jr.
Plaintiff [Baggett] was granted additional time for
discovery. The parties were directed to submit a proposed scheduling order
and an Initial Pretrial Conference will be set by the court at a later
date.
©2006 Harvey H. Klee
Parent Responds to “Sexual
Predators in Our Schools” Article
(January 8, 2007)
Your article about child predators in our schools is
very disturbing to me, to say the least, and should be more disturbing to
all of our citizens. I know that there are a lot of "bad" people out there,
but to have them so close to our children and grandchildren makes me sick.
Our kids are our future. When people in such "respected" positions are NOT
respectable and can't control their twisted cravings, it ruins these young
people for life.
I home-schooled my son and more and more people are
doing it all the time. Although my son came through fine, he didn't have
the fellowship and interactions with classmates. It's too bad that ADULTS
who are supposed to be encouraging our kids to want a good education are
actually making it impossible for them to enjoy school..
If things don't change in our system and the
administration doesn't handle these the problems the way they should, there
may be vigilantism rising. Predators, before you think about harming our
children, watch your back! There are some people who won't put up with this
behavior.
Thanks for letting me vent.
Neva Burfiend
Buchanan Dam
Ye Shall Know Them by Their
Fruits (February 12, 2007)
That’s Biblical for “actions speak louder than words.”
Many profess concern about sexual predator educators in our schools but few
actually care enough to do anything about it. No, I take that back. Many
encourage the practice by their refusal or failure to take corrective
measures – and that includes school officials, law enforcement, district
attorneys, local media and the community-at-large. Take the recent case
involving a sexual tryst between a student teacher and student at the Burnet
Consolidated Independent School District reported on earlier. See: “Are
School Districts a Haven for Sexual Predators?” 12/18/2006.
According to a Burnet Police Department report dated
November 27, 2006 written by Tobie Bias, Officer Bias was advised by Captain
Nelson at approximately 3:50 p.m. of a report of an inappropriate
relationship between a student and a student teacher at Burnet High School.
Officer Bias, Captain Nelson and Officer Hartgrove met with the school
Principal, Craig Spinn, who had originally notified the police of the
situation.
According to Principal Spinn, he was approached by
Deidre Stewart, a teacher at the high school of theater arts. She stated to
Spinn that her student teacher, Meagan Kinkaid, had confided in her that she
had been having an inappropriate relationship with a student (identified to
me as a male student of 17 years of age and the son of another teacher at
the high school). Stewart went on to state that Kincaid had said she and the
student had engaged in sexual intercourse.
Apparently this revelation occurred when Stewart had
taken Kincaid to get an oil change on her vehicle and observed that she was
getting many text messengers. When asked who she was text messaging, she
named the student. Further into the conversation, Kincaid stated that the
previous Monday night was the first time the two had “sober sex.” A written
statement of the incident was completed by Stewart and filed with the
police. Stewart should be commended for her actions.
Spinn spoke with several students about the incident
and determined that the relationship was a common rumor around the school.
Several students stated that there was a party attended by both Kincaid and
the student involved at which the couple was intoxicated and flirting.
Both Kincaid and the student, who are represented by
counsel, denied the allegations. I understand that Kincaid recanted her
earlier statements to Stewart. However, Spinn named three individuals who
may have personal knowledge about their relationship in addition to Stewart.
Based upon Spinn’s investigation of the matter, Kincaid was dismissed from
employment and told she was no longer approved to be at the school.
It was reported to me that one of the Burnet Police
Officers made the remark: “I don’t know what all the fuss is about. They
were consenting adults.” Now one would think that the police are supposed to
enforce the law and not serve as a super legislature in deciding what laws
to enforce and what laws not to enforce. Whether this particular police
officer believes in the law is irrelevant, he’s sworn to uphold it –
personal feelings not withstanding.
Section 21.12 (a) and (b) of the Texas Penal Code,
Improper Relationship Between Educator and Student, provides in pertinent
part:
(a)
An employee of a public…primary or secondary school commits an
offense if the employee engages in sexual contact, sexual intercourse…with a
person who is enrolled in a public primary or secondary school at which the
employee works and who is not the employee’s spouse.
(b)
An offense under this section is a felony of the second degree.
In light of this felony statute and the circumstances
described above, one would think a Grand Jury indictment would be
forthcoming but then you don’t understand the local culture. In fact, the
case was treated by the police as “unfounded” and “closed!”
Although Spinn did investigate the matter and decided
to terminate Kincaid’s employment, to my knowledge no report has been made
to the Texas Education Agency. Without a central state agency being made
aware of this incident, Kincaid would be able to find employment in another
school district without them being any the wiser as to her background.
The police dropped the ball. Clearly there was enough
circumstantial evidence to warrant an arrest e.g. statements against
interest made by Kincaid, teacher and student witnesses, Kincaid’s
reputation on campus, etc. The police have a law to enforce but they failed
to enforce it, perhaps because they didn’t believe in the law. The fact that
the parties were represented by legal counsel and refused to talk to
investigative officers is immaterial. Most individuals facing criminal
charges and represented by counsel don’t talk to the police yet charges are
filed and prosecution follows.
The district attorney’s office should convene a grand
jury and seek indictment of Kincaid on felony charges but they haven’t and
it’s unlikely they will. In the case against Campbell, the high school coach
who engaged in unlawful sexual conduct with a 15 year-old, Campbell was let
off with a slap on the wrist. Rumor has it that the Burnet school
principal’s wife and teacher now facing charges of inappropriate sexual
conduct with a student will again go before a grand jury to be indicted on a
lesser charge. In other words, there is no aggressive prosecution of these
cases.
The local media has failed to report on these cases, as
if to protect the reputations of the schools involved. Unfortunately, the
same consideration isn’t being given to protecting our children against
sexual predator educators. As one publicist told me as to his publication
policy: “We want the community to feel good about itself,” instead of
reporting the news as it occurs. The community and parents in particular,
need to know that sexual predator educators are lurking within our schools.
As for the community-at-large, they seem to be too
engrossed in getting more pay for teachers and more bond money for the
schools to give a damn about the welfare of our children. For example, a new
local organization has been created to combat the issue of sexual predator
educators in the Llano and Burnet school districts called Citizens Alliance
for Sexual Predator Educator Reform (C.A.S.P.E.R.) yet not one individual
has joined the Llano County Public Policy Forum since the announcement of
this organization and get involved in such a worthwhile cause.
©2007 Harvey
H. Klee
Update on the Baggett
Case (Posted July 12, 2007)
Seldom is there any local media coverage of law suits
filed the local school districts. Much less are such cases followed-up as to
their current status. Accordingly, Klee’s Kaleidoscope tries to fill the gap
of unreported school district news. See, Friday Night Lights – Out! (July
29, 2006); The Burnet CISD and the Baggett Case (October 30, 2006); Baggett
v Burnet CISD, ET alia – An Update, (December 11, 2006). This is the latest
on the status of that case.
Litigation tends to be a slow process. Much of the time
is taken up with discovery and, as often is the case, results in new
evidence being discovered and original complaints being amended. The Baggett
case is no exception. The attorney for Paige Baggett has filed her Third
Amended Complaint in the United States District Court for the Western
District of Texas April 30, 2007. Additional claims have been added as new
facts came to light. The amended complaint’s factual allegations are set
forth below. Realize, however, the plaintiff has the burden of proving her
allegations in court. Until then they remain simply that, allegations.
On or about September 30, 2003, and despite her initial
refusals, Plaintiff Paige Baggett was coerced into entering Foy Campbell’s
truck with her cousin, Veronica Matlock, an eighteen-year old female who
wanted to drive Campbell’s truck. Campbell, a coach at Burnet High School,
had pulled up beside them in his vehicle around 10:00 PM, after attending
his own bachelor party for his impending wedding to Ricki Love, also a
teacher at Burnet High School. They subsequently stopped with him on an
uninhabited and unlit turnoff area of state highway 29, where Paige was
given the choice of either going for a ride in Foy Campbell’s new truck,
with her cousin driving, or waiting alone by the side of the road for her
cousin to come back. Paige was sixteen years old and had neither a driver’s
license nor a learner’s permit at the time.
During the subsequent ride in his truck, Campbell
forced Paige into performing fellatio upon him. Campbell was also under the
influence of alcohol. Despite her refusals again, as well as the action of
pushing him away while riding as a passenger in his truck, Paige eventually
conceded to Campbell’s show of anger and his demands that she perform oral
sex upon him, in order that he let her go.
The record reflects that Campbell later testified
before a grand jury regarding this incident and was formerly indicted by the
Grand Jury. He entered into a plea agreement and subsequently formerly plead
guilty to the criminal charge of “injury to a child” in the 33rd
District Court of Burnet County, Texas.
Rick Prewitt, BCISD Assistant High School Principal,
was made aware of the sexual assault against Paige by Paige’s aunt, Terry
Matlock. Prewitt stated to Paige’s aunt that “this should be kept quiet
because we (are) in the playoffs and this could hit the news media and would
not be good for Paige or the school.”
Two days later, Craig Spinn, Principal of Burnet High
School, and a female school counselor, Margaret Sullivan, initially
questioned Paige with her mother present but Paige was too embarrassed and
ashamed to admit the assault took place.
After confiding to her mother later that the incident
had happened, however, Paige was called in to Burnet High School and
interviewed by four male administrators: Craig Spinn, Jeffrey Hanks, BCISD
Superintendent, Ed Middlebrooks, BCISD Assistant Superintendent and Rick
Prewitt. The administration did not ask School Counselor Sullivan to attend
this second interview although she might have had some training in dealing
with victims of sexual assault. They questioned Paige for over an hour and
one half without anyone but her mother present on her behalf.
Spinn told Paige’s mother that according to school
policy, Child Protective Services would be contacted about the matter but as
of the date of the meeting, neither Paige nor her mother had been contacted
by them nor was Paige contacted by local law enforcement or the
investigative arm of the Texas Education Agency. Paige’s mother had
requested counseling for her daughter but to no avail.
A third interview had been arranged by the school
whereat they asked Paige to identify her attacker from a group of photos,
which she did. Subsequently, Spinn told Paige and her mother that he was
aware that Campbell had engaged in sexual relations with a student at
Lampasas during his employment by the school system there and it had been
“swept under the carpet” when Burnet hired him. In fact, Campbell had
engaged in multiple instances of sexual conduct with Lampasas students yet
despite this, he was hired by BCISD Athletic Director, Bob Shipley.
Rickie Love Campbell, a teacher at Burnet High School
who later married Campbell, and her mother, Denise Love, Athletic Department
secretary and Campbell’s mother-in-law, were overheard discussing Paige on
school grounds, calling her a ”liar” and stating that they “didn’t care who
heard” them. Paige’s mother complained to Principal Spinn who issued a
letter to Riki Love Campbell but it was not identified as a reprimand.
Later, Paige was placed in a high school class
co-taught by Riki Love Campbell. She obtained a pass from another teacher to
go to the office to have her class changed. In the school hallway she met
Denise Love who called Plaintiff a “slut.” Despite an immediate complaint,
Denise Love was not reprimanded for her conduct.
Previously, Paige had been assigned to take classes
during a winter break from Frank Love, a teacher at Burnet High School and
Campbell’s father-in-law. Paige’s schedule was subsequently changed but only
after the break had concluded and following Paige’s mother’s complaint.
As further alleged in the amended complaint, Paige had
a great deal of difficulty in school due to student and teacher gossip, cold
treatment by other teachers, hostile treatment by those teachers related to
Campbell, and the apparent indifferent treatment by four male school
administrators who questioned her unnecessarily and extensively in a
prurient manner and then dismissed her trauma as untrue, inconsequential and
not deserving of their time or attention.
The allegations in Paige’s Third Amended Complaint
continue for several pages and do not paint a flattering picture of the
Burnet Consolidated School District. They include, inter alia, Paige and her
mother’s arrest for truancy (Paige had been ill), the wrongful publication
of a private letter Paige had written to her then fiancée, a smear campaign
brought by Riki Love Campbell against Paige to discredit her, etc. Such
conduct against an under-aged victim of a sexual assault is disgraceful.
Whether the matter will ever come to trial is an open
question. However, any significant development in the case will be posted
on the Llano County Public Policy Forum web site.
©2007 Harvey
H. Klee