sexting

The saga continues in TE School District — Court rules against TE School District regarding residency of alleged hazing victim

court decisionThe saga continues … Sexting offenses, alleged hazing and residency dispute all involving one TE School District family. Chester County court rules against the TE School District in a stunning decision by Court of Common Pleas Judge Jeffrey Sommer regarding residency.

(The complete article from today’s Main Line Media News follows my comments).

After reading the article, the first word that comes to mind is “accountability”.  Under whose authority did this situation happen — the hiring of the private investigator (from Cloud Feehery & Richter) at tax payer expense ($12K +) over a specific residency issue?  Does the District pay the private investigator over each claim of non-residency or was it just trying to get this specific student out of the District after sexting offenses? Who made this decision? Was it at the direction of the TE School Board and/or Superintendent? Is the hiring of investigators in residency situations routine in the District?  Does the School Board approve the residency investigations or is decision up to the school administration?

In rendering his decision in this residency case, Judge Sommer stated, “We find that the hearing officer willfully and deliberately disregarded competent portions of (the father’s) testimony and relevant evidence which one of ordinary intelligence could not possibly have avoided in reaching a result, thus making his credibility determination arbitrary and capricious,”  The judge also determined that the alleged victim and his father were denied their right to counsel.

The ruling of Judge Sommer certainly points to incompetence of the private investigator and the TE School District. The judge calls the District’s investigator incompetent and the taxpayers are stuck with the bill.  School Board, where are you?  Were you aware of this specific investigation regarding the residency of the alleged hazing victim and the apparent mishandling of the process? Was this a way to get the student out of the District?  And how does the District Solicitor Ken Roos factor into the residency investigation — was the decision to engage a private investigator in this specific case at his recommendation/advisement?

Who is in charge, where’s the oversight and accountability? I note that the District declined to comment for the article, what about the School Board? Will we receive an explanation?

Court rules in favor of the alleged hazing victim; judge rules student was legal resident of T/E SD

by Adam Farence

Court of Common Pleas Judge Jeffrey R. Sommer ruled in favor of the alleged hazing victim with regard to his residency issue with the Tredyffrin/Easttown School District, reversing the school board’s original decision to stop funding the alleged victim’s education at Buxmont Academy. Sommer also ruled the victim does not owe over $13,000 to the school district.

According to court documents, Sommer drew his conclusion from two issues. First, he determined the hearing officer from an earlier meeting incorrectly concluded the alleged hazing victim did not meet the federal definition of homeless.

The victim was reportedly kicked out of his previous Devon residence by his great-grandmother after his arrest for sexting-related offenses in October 2015. After he was kicked out, the alleged victim’s father drove him back and forth between his Devon bus stop and his mother’s residence in Chester, Delaware County.

It was during this time period that T/E officials hired a private investigator from Cloud Feehery & Richter to determine if the alleged victim did actually live within the school district boundaries. After several months of surveillance, the private investigator determined the victim did not live there.

The school district spent $12,281.92 on services rendered by Cloud, Feehery & Richter, according to a Right-to-Know request filed by the Daily Local News.

The alleged victim could not claim the Chester residence as his, according to court documents, essentially depriving him the chance to pursue a free education in Delaware County, and Sommer determined the alleged victim met the federal definition of homeless. He also criticized the hearing officer’s original finding.

“We find that the hearing officer willfully and deliberately disregarded competent portions of (the father’s) testimony and relevant evidence which one of ordinary intelligence could not possibly have avoided in reaching a result, thus making his credibility determination arbitrary and capricious,” Sommer wrote.

Sommer also pointed out the hearing officer was employed by the school district. “It takes no great leap of faith to recognize that the hearing officer is being paid by TESD, their ‘adversary,”” he wrote.

Second, Sommer determined the alleged victim and his father were denied their right to counsel.

According to court documents, the victim’s father was notified of the Jan. 20 non-residency hearing with the hearing officer only a few days prior. Sommer also wrote that the school district did not notify the father’s attorney even though they had been told in writing to do so.

Originally, the family was represented by William McLaughlin Jr., before he passed away in late March. For the remainder of the case, the family was represented by a new lawyer, Robert DiOrio. “…TESD not only did not notify Attorney McLaughlin of this hearing but made the pre-hearing notice period so short as to effectively cut Attorney McLaughlin out of the process,” court records state.

At the Jan. 20 non-residency hearing, the victim’s father did say he chose to come without counsel and knew he had the right to proceed with counsel if he wanted, but according to court documents, the circumstances surrounding the hearing undermined due process.

“We are very pleased with Judge Sommer’s well-reasoned decision,” wrote DiOrio.

School district officials declined to comment.

“We do not discuss individual student matters and therefore do not intend to comment on this specific case,” wrote district Solicitor Ken Roos. “However, the district remains committed to enforcing its policy of only permitting district residents, including anyone properly qualifying as homeless, to attend district schools.”

The alleged hazing victim’s father received a bill late January for over $13,000, after the school district originally determined he and his son reportedly lived outside the district’s boundaries. The father reported the alleged sodomy to school district officials about a week later in early February, and Chester County District Attorney Tom Hogan announced assault related charges against three Conestoga High School football players on March 4. Over the course of a few days, news of the charges and the alleged sodomy spread across the nation.

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Tredyffrin Township Police Department brings multiple pornography charges against middle school students in the TE School District

Today the Tredyffrin Township Police Department filed multiple pornography charges against three middle school students at TE Middle School and Valley Forge Middle School for allegedly creating and sending sexually explicit images.  According to the police report the images included nudity and child pornography.  The ages of those charged range from 11 – 15 years old. Suspects viewed and shared the images while in school.  The investigation by the Tredyffrin Township Police began in April 2015.

An excerpt from the Tredyffrin Township Police Department press release of November 3, 2015 is as follows:

The Tredyffrin Township Police Department has announced that Juvenile Allegations have been filed against three (3) juveniles, for different incidents related to the creation and distribution of intimate images and harassment.  The distribution of intimate images can range from a charge grading of a summary offense to a felony, depending on the age of the participants, the age of the receiver of the image and circumstances involved in the viewing, storage and distribution of the intimate image.

In this case, those intimate images consisted of pictures or videos of students who attend Tredyffrin-Easttown School District middle schools; Valley Forge Middle School and T/E Middle School, as well as images retrieved from the internet.  The age of the juveniles charged ranged from age 11 – 15 at the time the incidents occurred.  Additional juveniles are likely to be charged in the near future.

The allegations were a result of investigations which were begun in April of 2015 by Tredyffrin Township Police Department and are continuing.  During the investigation it was reported by both victims and participants, that intimate images consisting of child erotica, nudity, child pornography and pornography were created, sent, stored, and viewed by a number of students both at their homes and while at school.

In most cases the images and videos were sent voluntarily by the juveniles to other minors.  In some cases intimate images were sent to unknown persons who were met in Cyber Chats conducted with various social networking applications.  In another case, a student offered to sell an intimate image of a classmate to another student. The charges connected to this were, Title 18 of the Pennsylvania Crimes Code, Section 6321 (a)(1), Transmission of Sexually Explicit Images by a Minor, a summary offense and a Misdemeanor of the 3rd.

In one case, an intimate image of a sex act was taken off of the World Wide Web by a juvenile male, then distributed and portrayed as being that of a juvenile female student to her class mates.  The resulting harassment lead to an assault at the T/E Middle School.

The charges related to this incident, from Title 18 of the Pennsylvania Crime Code included the following: Section 5903, Obscene and other Sexual Materials and Performances, a Felony of the 3rd degree; Section 7512, Criminal Use of a Communications Facility, a Felony of the 3rd degree; Section 6318, Unlawful Contact with a Minor, a Felony of the 3rd degree and Section 2709, Harassment, a Misdemeanor of the 3rd degree. Also charged was Section 3126 Indecent Assault, a Misdemeanor of the 2nd degree; Section 2709.1, Stalking, a Misdemeanor of the 1st degree.

During the investigation the majority of the parents whose children were involved were very concerned and cooperated fully with the investigation. One parent who routinely checked their child’s cell phone and computer usage was surprised to learn that his child was using a cloud based storage service to store and retrieve intimate images and avoid detection by his parents.

Many of the intimate images were found to have been created by the juveniles taking selfies, in their own homes with the location services setting on their phones activated.  This action would allow for viewers of the images, including child predators to locate the homes of the juveniles via Meta data stored in the picture file.

Following the release of the Tredyffrin Township Police Department special juvenile report today, the TE School District released the following statement:

The T/E School District has been cooperating with a police investigation related to alleged misconduct by middle school students. We take these matters very seriously and follow up with procedures that promote safety for all students. The incident may also carry school-based discipline. As such, the District cannot comment on specific student discipline matters, as we must do all we can to preserve the privacy rights of all students.

The District has cooperated fully with law enforcement agencies throughout this investigation and will continue to do so. We join with the police and the entire community to emphasize responsible use of technology and to affirm the rights of all individuals to live and thrive in an environment free from harassment. This message is central to our mission and our daily work with students.

Mark Cataldi
Director of Assessment and Accountability
District Safety Coordinator

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