NEW BERLIN – The Unadilla Valley Board of Education is appealing a decision by the New York State Department of Education that would allow the return of a suspended teacher accused of sexually harassing seventh grade girls.
The appeal, which is a civil lawsuit, was filed with the Chenango County Supreme Court Oct. 8. In the documents, school officials claim the employee remains a risk to female students and a liability to district taxpayers.
The Chenango County Clerk’s Office released 30 pages of the 250-page appeal shortly after it was filed. They included two documents, a memorandum of law and a notice of claim, in which the school’s attorney and superintendent summarized the two-year-old case and the district’s allegations.
The tenured social studies teacher at the center of the case, Bruce McGowan, declined comment after being contacted at his home in South New Berlin last week.
New York State United Teachers (NYSUT) Senior Counsel James Bilik, who has represented McGowan throughout the issue, said Friday the district’s claims would not stand up in court.
“Bruce will vigorously defend against the lawsuit,” said Bilik.
UV School Board President William J. Lyons confirmed McGowan was still receiving his full salary and benefits since being placed on immediate leave Feb. 7, 2008. On that day, an internal district investigation revealed a 31-page report detailing allegations of sexual harassment involving two dozen female students.
“He (the investigator) found that the teacher engaged in numerous acts of inappropriately touching and behavior involving approximately 25 female students over a period of three years that rose to the level of sexual harassment,” stated the memorandum.
Superintendent Robert Mackey describes McGowan as “a younger teacher” who had worked for the district since September 2000.
Mackey said the investigation “began before Thanksgiving” in 2007 and concluded in January 2008 after two students approached the middle school principal. The notice of claim reported the “district received numerous complaints from 7th grade female students regarding McGowan’s behavior towards them while he was filling in as a coach on their volleyball team,” during the 2007-2008 school year.
Mackey said at first the reports were referred to the school’s Title IX officer at the time, Heather Cottell, who specializes in sexual harassment complaints.
“She just started interviewing a number of people and the whole thing just mushroomed into what appeared to be a much larger issue with nearly 30 girls being involved in interactions the school considered inappropriate sexual behavior for a teacher,” Mackey said.
McGowan first appealed the school’s findings to Mackey, who upheld the investigation’s recommendations.
The documents state the district eventually negotiated a compromise with McGowan and his NYSUT representatives on Sept. 2, 2008, in which he “admitted inappropriate conduct relating to the investigator’s report.”
Lyons confirmed Friday that the agreement included statements from McGowan in which he admitted to committing acts of physical sexual harassment against female students.
“He admitted to committing some of the acts as part of that agreement,” he said.
The memorandum also stated that McGowan accepted a retroactive unpaid suspension, a formal reprimand and a transfer to a new tenure area; surrendered his coaching position; allowed a second adult to be assigned to his classroom; and agreed to have a psychological examination.
Pending the completion of the agreement and under its limitations, the district would have allowed McGowan to retain his teaching position.
However, the documents state the agreement fell apart in October of 2008 after a certified psychiatrist evaluated McGowan and claimed he “lacked sufficient insight regarding his behavior was inappropriate.”
The memorandum also said the psychiatrist suggested possible therapy, diagnosed a personality disorder and suggested that even having a teacher’s aide in the classroom would not provide enough supervision.
Citing the recommendations, the UV Board Of Education approved bringing disciplinary charges against McGowan Nov. 18, 2008, alleging he was mentally incapable of performing his duties.
Mackey said lawyers for the district and teachers unions jointly selected a New York State Department of Education hearing officer, Thomas Rinaldo, to decide the case.
The memorandum states that in eight separate days of hearings scheduled between April 14, 2009 and April 13, 2010, the two sides presented arguments. The district called a psychiatrist and forensic psychologist to testify that McGowan should not be allowed to return to a classroom without supervision. McGowan called his own psychologist and a clinical social worker to the hearing, who recommended he could return with proper therapy and limited supervision.
On Sept. 29, Rinaldo ruled the district failed in its burden of proof in showing McGowan had a mental condition that made him unable to teach and concluded the district could not fire him on those grounds.
However, the hearing officer said the school’s original investigation and agreement with McGowan suggested he may need counseling and supervision. The officer also told the district the case’s dismissal did not remove the school’s obligation to ensure McGowan had proper interactions with students in the future.
“The hearing officer’s decision was reached after an 8 day trial and it was absolutely correct. The district failed to show that Bruce was incompetent to teach,” said Bilik.
Lyons said the school board felt the decision conflicted with itself and they voted Oct. 8 to appeal the matter by taking civil action in Chenango County Supreme Court. Mackey said the district only had 10 days after the hearing officer’s decision to appeal the case.
“We’re appealing to the appellate court because we can not implement supervision just for this individual ... we also have a responsibility as elected officials to protect the district and the taxpayer from liabilities,” said Lyons.
Lyons said the board’s interpretation of recommendations taken from the investigation and hearing implied the school would be responsible for providing constant monitoring of McGowan. He added that it was also recommended that the school only assign a “higher ranking” school employee to the task, explaining it narrowed the options down to a short list of school administrators.
Lyons said the hearing officer’s decision prevented the school from taking any action against McGowan it couldn’t take against any other tenured teacher.
“There are only so many options available to the district in removing a teacher with tenure. This has been a long, ongoing process and it’s not over yet,” he said.
Mackey said the district expected a response to the appeal in two to five months.
The Unadilla Valley Board of Education is having a special meeting Monday night at 6 in the District Office Conference Room at which it will discuss “a particular personnel matters and negotiations” in executive session, according to a release from the superintendent’s office.
Following the closed session, the board will hold its regular meeting in the Library Conference Room at 7 p.m.
Lyons said he and other board members will make a public statement regarding the lawsuit at the meeting. “We’re going to tell the public what we can, basically where we are and what’s going to happen next,” he said.