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Communication Breakdown

Bureaucracy left teacher accused of sex misconduct in schools

A teacher reported for looking at pornography on a school computer in January remained assigned to schools until late March, racking up additional complaints that he was loitering in girls’ bathrooms during that time.

During the period when the teacher, Daniel Meagher, was collecting allegations, city officials were demanding more power to fire teachers who misbehave.

Yet the extended timeline between the first allegation against Meagher and his removal from the classroom suggests that the city does not always use the power it already has to shield students from school workers suspected of illicit behavior — and that the Department of Education sometimes does not even know when teachers are accused of misconduct.

According to a report released today by Special Commissioner of Investigation Richard Condon, Meagher behaved inappropriately at three different schools: Bedford Academy High School, P.S. 17, and P.S. 19. A city teacher since 2000, Meagher was assigned to multiple schools as a member of the Absent Teacher Reserve, the pool of teachers without permanent positions who rotate to new schools each week.

Bedford Academy’s principal called Condon’s office in mid-January after students said they saw Meagher looking at pornography in the school library and other school officials realized Meagher had also been searching online for sexually explicit content about children, according to the report. Investigators quickly began looking into the allegations, seizing Meagher’s computer six days after hearing from the school principal.

But it was not until March 30, more than two months later, that the Department of Education assigned Meagher to a central office position to keep him away from students, according to the report. That month, the principals of P.S. 17 and P.S. 19 each reported that Meagher had been spotted repeatedly in girls’ bathrooms.

The Department of Education removed Meagher from schools as soon as it learned of the allegations, according to Marge Feinberg, a spokeswoman. But a spokeswoman from Condon’s office said the department was aware of the allegations from the very beginning, since a department employee — the principal — lodged them.

The disagreement sheds light on the dysfunctional relationship between the two separate bodies that investigate allegations of misconduct in schools. The Department of Education has an internal investigations unit, the Office of Special Investigations, which handles many allegations. Condon’s office is not part of the department but is assigned to scrutinize allegations made about its employees, and unlike OSI it releases some of its findings publicly.

Principals and other administrators are supposed to use a department computer system to report suspicions or allegations of misconduct. Then the department triages the allegations, sending some back for the principals to handle, picking up some cases itself, and sending some to Condon’s office.

“The minute I make that report – I am a mandated reporter — I immediately put it into the system. The DOE should be on it,” said a Queens principal who said he had lodged allegations in the past that had not yielded perceptible responses.

But if a principal goes directly to Condon’s office, the education department does not always find out, Feinberg said.

“We are not always notified about investigations,” she said. “When we were told about this one, we reassigned the teacher.”

Condon’s spokeswoman, Laurel Wright-Hinkson, said SCI decides on a case-by-case basis whether to reach out to the department while an investigation is ongoing.

“SCI is not involved in the reassignment of DOE employees,” she said in an email. “However, occasionally during the course of an investigation, SCI uncovers some information we feel may be detrimental to the welfare of the students or staff. In that situation, SCI will notify the DOE of the findings and may suggest the removal of the subject.”

In April, Meagher was assigned to an office belonging to one of the networks that support schools. There, multiple staff members reported him for exposing himself and behaving in other inappropriate ways, according to Condon’s report. The department is now moving to fire Meagher.

Meagher’s offenses took place at the same time as a spate of high-profile abuse cases emerged from city schools, prompting Chancellor Dennis Walcott to call for a new state law to give him more power to fire teachers found to have misbehaved.

Today, Walcott issued a statement condemning Meagher’s behavior. “Behavior like this is unacceptable and I will not tolerate it in our schools,” Walcott said. “This is an example of why it is imperative for new legislation that would give me the final determination on substantiated sexual misconduct cases.”

But while the legislation Walcott sought would allow him to fire Meagher even if Meagher’s discipline trial does not end with that ruling, it would not actually have had any impact on whether he was are removed from the classroom while under investigation. The department already has the latitude to reassign any teacher suspected of wrongdoing.

“We have the power — it’s just a matter of doing it quickly and effectively,” said the Queens principal.

Condon’s complete report is below.

  • http://twitter.com/leoniehaimson leonie haimson

    This is a confusing story b/c it seems to report that the principal entered his charges against the teacher into a DOE system, and then the DOE decides which cases to refer to Condon.  Thus someone at DOE must have known even while Condon was investigating.  And yet the DOE spokesperson claims “We are not always notified about investigations.” What is their excuse? As the principal said,”The DOE should be on it.”

  • nycdoenuts

    This sounds a little like the pre-9/11 relationship between the several federal government agencies. I, for one, didn’t know it was this dysfunctional.

    The mayor needs to find a way to require SCI to inform the DOE of its cases -through Albany action if needed. It’s in everyone’s interest that someone is able to connect the dots.

  • Clay

    It’s simple really, the DOE is lying.

  • Philip Nobile

    EARTH TO DOE EMPLOYEES: both the Chancellor’s Office of Special Investigations and the Office of the Special Commissioner of Investigation are corrupt. Their gumshoes are surprisingly dumb and easily flummoxed. I know. I have been probed by both and have beaten them every time. One example, after I reported credit recovery fraud at the Cobble Hill School of American Studies directly to Chancellor Walcott, saying that I would hand over the evidence only to an independent agency, OSI put me under investigation for “employee misconduct.” I told OSI Director Candace McClaren to get lost. Eventually,she dropped the case against me but refused to say why. Then, calling her bluff, I reversed course. I said that I would give her the evidence under conditions guaranteeing an honest inquiry. She did not bite.

  • Joseph Moses

    Walcott says: ”
    “This is an example of why it is imperative for new legislation that would give me the final determination on substantiated sexual misconduct cases.”  No, Mr. Chancellor.  This is an example of how you and your DOE are more interested in firing teachers than in protecting students.  

  • http://ednotesonline.blogspot.com/ Norm

    Let’s make this clear: there is no union rule that kept this teacher in the school. Francesco Portelos was send to the rubber room for questioning his principal’s use of school funds and still is there months later on trumped up charges. Walcott protects any principal no matter what he does. Ask Walcott exactly how this teacher would have been removed any sooner if he had that power.

  • Rahrahrosie

    This is a complete farce…let’s get something straight. Either an outsider/or a DOE employee calls in a complaint or sends one in. It is either sent to OSI, who can investigate, remand back to principal, or bounce to SCI. All 3 are aware of what is going on, they just prefer to pass the buck…I know it happens like that for a fact! If they are all supposed to be working together to remove “horrible teachers”- it would make sense that they actually work together, and are one entity. Something is BROKEN with the investigative process, and these retired cops (SCI) are nothing but bullies who substantiate everything they are told to! The whole process is a SHAM/SCAM…originiated by the FLIM FLAM MAN….

  • Guest

    if I had a girl in this school i would organize a boycott until this creep was removed the system is set up for the adults not the kids. and frankly it sucks for the adult 

    the red tape and nonsense the union has created to remove teachers is a joke and you know who pays the price… kids yes… but teachers 

    why

    connect the dots. 

     teachers in ny are some of the most miserable i know. and it is because too many of them are led by weak principals.but great teachers… potentially great principals DO NOT WANT  this lousy principal job… because no one wants to lead a boat they cant really control. and while teacher collaboration and distributed teacher leadership is good in theory and i have seen it work well… it takes a crazy strong smart principal … which as I explained there is a true dearth of… the solution principals .. informed by teachers…360 feedback hire and fire….no arbitration.  no stupid value ad  get rid of the  union and its silliness in the public sector which is too weak to stand up to it effectively ….and dump useless  ed reform value ad which was created i response to union protection run amok. because where are we.in a place where disgusting male teachers get to look at porn and hang out in the girls bathroom  … while the system cant figure out how to connect the acane dots to get rid of himand dont post all the millions of rules and reasons why i dont understand the system. the system is broken period. who the hell wants to understand it. no one should tryi repeaatprincipals … hire and fire. at will.. informed by 360 feedback of teachers.   no value ad..  no arbitraion.sounds radical..?. its practiced in all the best companies in america.  where our best teachers go work… (and dont become good principals) bc they cant deal with this bs system…  

  • Huh?

    huh? 

  • nycdoenuts

    It sounds to me like we’re in general agreement. But if the SI isn’t required to inform the DOE of accusations made, then potential danger foyer kids is there.

    Also VERY important (to me); The UFT boomerang (that’s where every mistake that happens in the system is warped into somehow -miraculously- being the union’s fault) is evervpresent. I don’t want some dishonest politician coming among in a week or two sugesting that I ned to give up my due process rights, because this one teacher fell through SI’s snafu the DOE’s cracks.
    Remember, that flimflam man doesn’t like unions..or teachers

  • Mitch

    Did anyone see how badly the Daily News reported this story?  And you just knew Walcott was going to try to distort the issue by demanding to fire people without a hearing.

  • Sami’s Mama

    “We are not always notified about investigations,” she said. “When we were told about this one, we reassigned the teacher.” Maybe the fact that you would have “reassigned” him is the reason you didn’t know about this one? How dare an office like the DOE knowingly and willingly leave a person like him in a setting that involves innocence! God help the “teacher” that behaves like this in my granddaughter’s school, then God try to help the DOE!!

  • http://pulse.yahoo.com/_M4H5JGJABDU5QM55W7KIGNJ3XE Anne Cregan

    This is so disgusting. It’s just like the catholic church, with their pedophile priests. What is the matter with these organizations? Do they not hold the children’s safety above all else? How many complaints do they have to receive before they act. What a travesty.

  • http://twitter.com/MrPortelos Mr. Portelos

    Want to hear something crazier? I not only gave SCI, DOE and OSI, specific times, locations, pictures and dates of when an assistant principal, of Berta Dreyfus IS 49, allegedly put her hands on students, but I actually gave them video. This was all back in May and June 2012. Take a wild guess where that assistant principal is now. If you guess sitting next to me in the “rubber room”, then guess again. She was not even removed for a day.

    http://www.protectportelos.org

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