Jay Mathews of the Washington Post tells the story of LAUSD’s relentless investigation of celebrated teacher Rafe Esquith.
Having first pursued a lead about Rafe referring to nudity (based on a scene in “The Adventures of Huckleberry Finn”), then explored a 40-year-old claim that he abused a boy in a Jewish summer camp, now the investigators are poring through his financial records.
Here was the offense that led to his suspension:
“The next day, Esquith learned the truth: A school staffer had reported to administrators that Esquith made a joke about nudity that she thought might offend students and their parents. Esquith had read to his students a passage from “The Adventures of Huckleberry Finn” in which a character called the king comes “prancing out on all fours, naked.” Esquith reminded the students that the district did not fund the annual Shakespeare play, and if he could not raise enough money “we will all have to play the role of the king in Huckleberry Finn.”
Asked to apolgize, Rafe did. But the investigators were not satisfied.
This sounds like “Les Miserables,” with Rafe as Jean Valjean. Not sure who is playing Inspector Javert.
Diane Ravitch's blog 
Glad the story is hitting the national press. It is a travesty that LAUSD, the BoE, and Supt. Cortines continue with this witch hunt.
I just posted these comments on the other Esquith blog article.
Ellen Lubic
July 21, 2015 at 4:31 pm
“have sex with me or you’re fired” is the partial basis of the lawsuit pressed against Supt. Cortines by his own allegedly desired sex partner, the Director of Real Estate for LAUSD, whom he wooed to join the district in 2001 (for a 6 figure salary), and who was fired as soon as this man filed his lawsuit on sexual harassment charges against Cortines.
As to Rafe Esquith, the Esquith ‘auto de fe’ is the worst sort of abuse of process I have seen. It smacks of not only a desire to get rid of an older teacher to save money on his salary and perks, and to defame and demean him, but in the scope of this rigged and expanded investigation, there seems to be also be jealousy of his prominence, and directed attention to his being Jewish (is there an element of anti-Semitism?).
How can Cortines keep expanding this witch hunt and keep promising to expose more dirt when there is nothing to show for the taxpayer money he has already spent on this phony case?
Why has the BoE allowed this, colluded in this, and not made Cortines step down for his own moral turpitude?
What is this new intrusion into Esquith;s privacy going to cost taxpayers now that Cortines has hired even more lawyers and investigators to find anything they can by peering under every rug in the nation?
This is clear abuse of process designed to cost Esquith all his life savings in defending himself against phantom charges by this corrupt district…thus to keep the pressure building until he either dies or resigns. These thugs deserve deep investigation into their own leadership at LAUSD.
All this for using the word “naked” in a 5th grade classroom when quoting Mark Twain!!!
Here’s the latest from Jay Mathews and
keep in mind that Jay Mathews knows
Rafe personally, and is in contact
with Rafe’s legal team, so I’d believe this
latest:
http://www.washingtonpost.com/local/education/la-district-continues-to-persecute-one-of-the-nations-best-teachers/2015/07/19/56ec5c60-2b43-11e5-a5ea-cf74396e59ec_story.html
NEWEST DETAILS —
JAY MATHEWS: “Esquith is being
treated like a Wall Street cheat. On July 8,
the district’s investigators asked him for all
of his tax returns, loan and bank records
since 2000, giving no reason.”
————————
WTF???!!! Why on earth would
investigators want or need to view
this man’s last 15 years of tax returns,
bank statements, loan documents
(home, car, etc.. .. I presume)?
These investigators are not law
enforcement, so apparently,
they don’t have to get a judge to
issue subpoenas for these
things. They’re former LAPD detectives
who are LAUSD employees who can
ask whatever they want whenever
they want, and when asked for any
foundation for doing so, can simply
refuse to answer because… well…
because they don’t have to tell you why.
Thus far, no one has complained about
anything pertaining to Rafe’s finances—
specifically as his finances relate to the
non-profit that funds his class field trips,
music instruments, etc. … and that
non-profit is a totally separate entity from
LAUSD, so how and why do LAUSD
investigators claim standing to appoint
themselves as the watchdogs to
investigate it or Rafe for any possible
malfeasance?
This is just weird.
In fact, Rafe’s lawyer mentioned that
Rafe takes no salary from the non-profit,
and in fact donates to it when that’s
needed to cover shortfalls… and that’s
exactly what the board members of the
non-profit told the LAUSD investigators.
If and when Rafe (or any teacher)
refuses their requests, I suppose they
can claim that he’s not cooperating with
the investigation, and then Human
Resources can then use this
non-cooperation as justification for firing
him.
If they were duly authorized law
enforcement, they would need some kind
of proof or testimony as foundation for
requesting a judge’s subpoena to compel
Rafe to turn this stuff over. But they’re not.
As LAUSD Human Resources
pseudo-police, they apparently don’t
need any such foundation. According to
Jay Mathews, when asked why they were
requesting this, the investigators wouldn’t
answer.
This is like something out of Kafka or
Arthur Koestler, with LAUSD investigators
acting like the East German Stasi
Secret Police.
So what if Rafe and/or his lawyer says,
“No, we’re not showing you
my/Rafe’s last 15 years of tax returns, bank
statements, loan
documents, etc.”?
If that was me, I’d tell them to go f— off,
and if and when they fired me for refusing
this asinine request, I’d sue the ever-lovin’
sh– out of them. (Sorry about the profanity…
I’m trying to make a point about how angry
this makes me.)
————————
More from Jay Mathews:
JAY MATHEWS: “This is an investigation
gone rogue. If it continues, the Los
Angeles school district — previously
devoted to helping its students — is at
risk of not only losing an exceptional
teacher, but also its very soul.”
Indeed, this whole thing getting really wacko.
Can an employee—under threat of being
fired—be compelled by his employer to
turn over private information such as
this—i.e. 15 years of tax returns,
loan documents, monthly bank statements?
I mean, heck, LAUSD why stop there?
Why not demand all your private
diaries or journals?
All your computers with all the personal data,
internet activity, emails etc.?
How about your medical records while
you’re at it?
Your private written correspondence?
This is especially ridiculous in this case, as
the employer refuses to divulge the foundation
for such a demand, or the suspicions, or the
testimony/evidence that warrant this demand
to give up one’s privacy?
And again, THESE INVESTIGATORS ARE
NOT AGENTS OF ACTUAL LAW
ENFORCEMENT!!! They’re retired LAPD
detectives working as bureaucrats
in a public school district!!! WHO THE HELL
DO THESE GUYS THINK THEY ARE???!!!
Dr. Ravitch… if you’re reading this…
in your own life, if a past employer — New
York University? or whomever? — sicced
two investigators on you who, and they
demanded this of you, what
would you have done?
I would have been left utterly speechless.
Could this even be possible in the U.S.?
Whatever happened to the Constitutional
right to privacy?
This is as at least as bad as quid-pro-quo
sexual harassment—i.e. “have sex with me
or you’re fired”— in its enabling of the the
employer to use the threat of losing one’s
job, livelihood, income, etc. as a way to
take away one’s basic civil liberties
and innate human dignity.
This whole thing, and its implications, is way
bigger than Rafe’s case.
“keep in mind that Jay Mathews knows Rafe personally, and is in contact with Rafe’s legal team, so I’d believe this latest”
Funny, I usually treat those factors as reasons to be skeptical.
*** BREAKING (as of Wednesday, July 22)***
… from the WASHINGTON POST:
LAUSD Supe Ray Cortines angrily emails WashPost’s Jay Mathews over Mathews’ column on the Esquith investigation:
http://www.washingtonpost.com/local/education/la-superintendent-when-it-comes-to-student-safety-we-are-going-to-choose-students-over-adults-every-single-time/2015/07/21/599d89d0-2f5c-11e5-97ae-30a30cca95d7_story.html
—————————
SUMMARY:
In essence, Cortines is promoting the usual
totalitarian canard:
“Innocent adults sometimes have to suffer in
the greater cause of protecting children.”
(easy to say of you’re not one of those
“sufferinginnocent adults”)
The most telling part of Cortines’ email to
Mathews is Cortines’ lame defense
of the demand that Rafe cough up 15 years
of tax returns, monthly bank statements,
loan records, etc.
Cortines states that LAUSD is merely
asking if Rafe will ‘volunarily turn over”
these records…. you know… as a way of
“expediting” things.
However, there’s an implied “or else”
threat that if Rafe doesn’t, he will never
get back in the classroom…
or we won’t be able to “expedite” the
investigation… i.e. it may take years to
finish. (as it has for countless
LAUSD teachers)
Given that, how truly “voluntary” can that
request really be?
So in answer to the question… can
LAUSD — an entity that is not a law
enforcement— demand that Rafe or any
teacher give up all his/her Constitutional
rights to privacy, under pain of Rafe
losing one’s job?
Cortines answer is basically…
“You bet we can!” … if you want to keep
your job, that is
An email response to Mathews from one
of Rafe’s attorneys is equally riveting:
http://www.washingtonpost.com/local/education/la-superintendent-when-it-comes-to-student-safety-we-are-going-to-choose-students-over-adults-every-single-time/2015/07/21/599d89d0-2f5c-11e5-97ae-30a30cca95d7_story.html
—————————————————
—————————————————
L.A. superintendent: ‘When it comes to student safety, we are going to choose students over adults every single time.’
By Jay Mathews July 21 at 6:45 PM
– – – – – – – – – – – – – – – – – – –
Los Angeles schools superintendent Ramon C. Cortines e-mailed me Monday night with a reaction to my latest column on the wide-ranging investigation of award-winning fifth-grade teacher Rafe Esquith. I have argued that the L.A. school district has been persecuting Esquith, who I consider to be one of the nation’s best teachers, for a comment he made to students that was misunderstood. (You can read the column here).
Here is what Cortines said in response, and below that a further comment from Esquith’s attorney:
—————————————
“Mr. Mathews,
“I was disappointed to read your latest column on Hobart Elementary School teacher Rafe Esquith.
“While we respect that Mr. Esquith is extremely popular and agree that investigations should be completed in a timely matter, nothing and I mean nothing, will stand in the way of making sure our students and school communities are safe. We also take seriously our obligation to ensure that our employees behave ethically.
“This investigation is not merely about an off-colored joke made in the classroom. It has become far more complex than that. Our investigators go where the information takes them. Ultimately, we owe it to our students and our community to take any allegation against an adult seriously.
“We are also mindful of the need for confidentiality on all sides of an issue. To imply that the LAUSD should rush its investigation just because someone is well-liked, or is a celebrity, is simply ridiculous. Our request that Mr. Esquith voluntarily turn over information is aimed at expediting the ethics aspect of the investigation.
“From the outside looking in, you may believe you know what is right. I can assure you, we know what is right for our students. When it comes to student safety, we are going to choose students over adults every single time.
“Thank you,
“Ramon C. Cortines
“Superintendent
“Office of the Superintendent
“Los Angeles Unified School District”
—————————————————–
And here is a blistering response from one of Esquith’s attorneys, Ben Meiselas:
————————————————–
BEN MEISELAS:
“As we stated in our letter responding to LAUSD/Sedgwick law firm, Superintendent Cortines and his minions have declared war on public education and public school teachers. There is a reason hundreds of teachers have reached out to our law firm, with identical issues to Rafe, who were previously silenced, most nearing retirement age.
“This is the height of corruption and an LAUSD administration gone delusional with power and a regime that is anti-teacher. It is especially shocking to hear this from a superintendent currently embroiled in his own sexual harassment scandal and multiple audit and public corruption scandals. Superintendent Cortines would fail the McCarthy witch-hunts he now leads in 30 seconds.
“Shame, shame on Superintendent Cortines.”
————————————————–
Jay Mathews
this is sad and a waste of time and resources but there must be some justification for keeping all these so called investigators on the job. How about getting rid of them and allow our highly qualified teachers do their job. Just amazing, thanks UTLA for nothing, at least you are consistent in doing nothing for your membership.
Matthews commented on Esquith’s positive outlook in response to a comment about Esquith not protecting himself much earlier. Of course he has a positive attitude. Every good teacher maintains a positive attitude toward his/her students. Too often, however, that positive attitude cannot extend to the administration. I doubt there was any love fest between Esquith and administration since he had to start a private foundation to fund his programs. I don’t think he wasted his time bad mouthing them; he was just a realist who accepted that if he wanted to teach the way he believed he needed to then he was going to have to rely on his own resources. I doubt he went around expecting the administration would try to destroy him. He was focused on what he could do with or without administrative support.
BREAKING!
LAUSD is now focusing on the Hobart Shakespeareans non-profit that funds the field trips, musical instruments, extra arts/dance teachers, etc. for Rafe’s kids. LAUSD investigators are doing so with ZERO proof of any wrong-doing, mind you. They’re just on a fishing expedition in the hopes of finding some incriminating smoking gun to justify firing Rafe.
With that in mind, it’s important to consider the words of Sarah Scherger, the supplemental dance teacher choreographer that has worked in Rafe’s class for over a decade—again, funded by the Hobart Shakespeareans non-profit.
This morning, she has decided to weigh in on this whole fiasco … posted on the Hobart Shakespeareans Facebook page:
————————————————————————–
————————————————————————-
“Here is a beautiful letter from the Hobart Shakespeareans’ much loved and appreciated choreographer.
“Thank you, Sarah!”
– – – – – – – – – – – – – – – –
SARA SCHERGER:
“To Whom it may concern,
“For the past 9 years, I have been the Hobart Shakespeareans dance choreographer. Of all of the professional titles I have held, this one holds the most honor and importance to my heart. I have stood next to Rafe Esquith almost every Wednesday for the last 9 years, and I am shocked and disgusted that he has been removed from his classroom.
“I am not only writing this letter in support of reinstating Rafe, but I am writing this letter in support of every child in Rafe’s class, past, present and future. This school, this district, this city and this nation need more teachers like Rafe Esquith, a man who has sacrificed so much in the best interest of these children.
“I shouldn’t have to tell you what an amazing teacher he is. I shouldn’t have to point out the years of dedication he has given you and his students. I shouldn’t have to explain the distance he goes, the creativity and care he exudes in the name of education. He is nothing short of remarkable. I am sure all his former and present students have already attested to that.
“So, what I will tell you about is his integrity and dedication in all he does. He is an exceptional human being; one whom I am honored to work with. Never have I met someone so dedicated to making a real difference in the lives of kids. He is the envy of teachers on an INTERNATIONAL scale, the moral and professional barometer to which other educators hold their own standards accountable.
“I have not once in the last decade ever heard or witnessed any words or actions by Rafe that would be considered inappropriate. There is a reason why I call Hobart and room 56 my “happy place”. Rafe creates an environment that is safe, an environment that is loving, an environment that is fun. He treats every student with respect and demands a high level personal integrity from each of them. The level of trust that I have experienced from the Hobart Shakespeareans is like nothing I have experienced in my 25 years of teaching children. It takes no large measure of wisdom to accredit this to the leadership of Rafe Esquith and his tireless crusade on behalf of his students.
“I ask on behalf of every student who has had, or will have, the great fortune to be under the watchful eye of Rafe as their teacher, as their mentor, and as their role model, to reinstate him. These. Children. Need. Him. This. School. Needs. Him.
“Should the need arise, I would be more than happy to answer any questions about my weekly interactions and lesson plans with Rafe and the Hobart Shakespeareans.
“There are few things in life I have experienced that have brought me such joy, and inspiration. My marriage, my beautiful daughter, and the wonderful journey of working with Rafe and the Hobart Shakespeareans are easily among the top three.
“Thank you for your time, and thank you for your consideration in reinstating an amazing educator to his rightful place in leading these children to a better education, a better self esteem, and a much better life.
“Sincerely,
“Sarah Scherger”
For further confirmation of this, watch this video trailer / highlights of the longer Hobart Shakespeareans documentary (directed by Mel Stuart, who also directed WILLY WONKA, the good version with Gene Wilder, not the Johnny Depp atrocity.).
This includes the segment where Rafe teaches and reads aloud from HUCKLEBERRY FINN, specifically the moment where Huck rejects what society and religion (back then) had been compelling him to do… turn in his best friend, the escaped slave Jim:
(go to… 02:44 – 05:50 …
the HUCK FINN read aloud starts at 04:02
the kids tear up at… 04:20… or so)
When you watch this, contrast it with the idiot Barbara Hayden, one of Rafe’s fellow teachers who overheard then reported Rafe quoting another passage in HUCKLEBERRY FIN that included a mention of nudity… and thereby put this whole McCarthy-ist madness in motion. (She’s since emailed Rafe with good wishes, and hopes for his return, but still… )
Or contrast it with the actions of LAUSD “Student Safety Investigative Team” investigators Virgil County and Ray Johnson, who grilled these same kids (well years later, DIFFERENT kids from the ones in the video, but ones from the same class / w/same teacher) in a private room, two adults-on-one-child… without getting the prior permission, or without even informing those kids’ parents before or after the fact…. and without any adult observer present who could look out for the well-being of those kids… and causing some of them to seek mental health counseling as a result of this harrowing interrogation.
Again, this is all in the lawsuit:
https://www.documentcloud.org/documents/2111957-la-school-report-21-pra-response-w-docs-2.html
Mr. Esquith’s lawyer, in the court filings, expresses himself eloquently on all of this:
(PAGES 8-9 of the filing)
Mark Geragos, Esq. : “A despicable and shocking investigation took place. Parents of students in Room 56 (Mr. Esquith’s class) confirm that these students were pulled from class, without parental consent, and grilled by adult-male investigators who made derogatory comments about Mr. Esquith.
” … students actually felt threatened by these LAUSD investigators. Parents of those students collectively complained to LAUSD about the harassing conduct at the hands of these LAUSD investigators. Parents complained that their children were removed from the classroom without parental consent. Parents feared for the health and safety of their children based on the investigators’ tactics.
“At least one student’s mental health was seriously, and medically compromised, by the conduct of these LAUSD investigators. The LAUSD investigators asked students, who had never complained about Mr. Esquith, loaded questions such as whether Mr. Esquith had ever done anything ‘bad,’ or anything that the ‘did not like.’ ”
Regarding the treatment and questions asked of Mr. Esquith, Geragos was equally scathing:
(PAGES 11-14)
https://www.documentcloud.org/documents/2111957-la-school-report-21-pra-response-w-docs-2.html
Mark Geragos, Esq. : “The May 18th Geragos letter also questioned why Mr. Esquith was being directly contacted by LAUSD on substantive matters when Mr. Esquith was known to be represented by attorneys.
“Indeed, directly contacting a represented party on especially significant matters such as this is highly improper, unethical, and anathema to the law. LAUSD was intentionally avoiding proper legal processes.
“… the questions (that were) asked (of) Mr. Esquith followed no interviewing protocol, or any appropriate or logical line of questioning. Counsel for Mr. Esquith took diligent notes of the questions being asked, which included:
“ ‘Do you know of any teachers who might not like you? If so, who are they?’
“ ‘List the women you dated when you were in college.’ (over 40 years ago!!!)
“ ‘Were you ever counseled for pushing someone when you were a camp counselor at the JCC Jewish Center Summer Camp you worked at when you were a teenager 40 years ago?’
“ ‘Why might teacher X or teacher Y not like your teaching style?’
“ ‘Did you ever buy a student a hamburger off school grounds without first getting permission of the student’s parent? Do you know buying students food is against school policy?’
“ ‘Why don’t you have a backup plan for someone else for someone else to put on the annual Shakespeare performance, in case, for example, you have a heart attack, so it doesn’t have to be cancelled again like it was last year?’
“The questions, all of which would have been objectionable and completely out-of-line in any legitimate legal process, made clear that there was no clear or defined scope, or any legitimate purpose behind the LAUSD investigation. Nor did investigators reveal the scope or proffer any foundation for the questioning.
“It was patently obvious that LAUSD had used the initial allegations — which had proved meritless — as a pretext to conduct an open-ended investigation, and engage in scurrilous character assassination of Mr. Esquith, and appointed two full-time investigators for this purpose. This experience is shared by hundreds and thousands of other teachers whom LAUSD wanted to (and have) force(d) out under Superintendent Cortines’ regime.
“During the May 27, 2015 hearing, investigators conceded that the ‘initial investigation’ was based on Ms. Hayden’s report. However, the investigators did not state what the current purpose was.
“When Mr. Esquith responded to questions about teachers who ‘might not like him’, by stating that he is ‘generally supported by tens of millions of teachers throughout the world,’ the investigators responded,
” ‘The purpose of what we do is to find people who do not like you, not talk to your supporters.’ “
————————————————–
If all of this ever comes to a trial broadcast on TV, Mark Geragos’s cross examination of LAUSD investigators Virgil County and Ray Johnson should make for interesting TV viewing—as these men were not acting in any law enforcement capacity, but were merely bureaucrats from LAUSD’s Human Resource Division. The same goes for the spectacle of Superintendent Ray Cortines, or LAUSD’s top counsel David Holmquist being put on the stand.
Oh and here’s Fox News’ 21-minute piece on Rafe and his class:
(BTW, isn’t YouTUBE great!)
A class acton suit is in the works as LAUSD invents charges to end the careers of anyone over 40 who is on the road to vesting in benefits. LAUSD is on the defensive and have even gotten reporter Howard Bloom and others to finally suggest that maybe LAUSD has gone too far in its war on “incompetent sexual predator teachers” the stereotype being echoed in the media around the country- that’s not just a coincidence, but a well planned attack to get rid of expensive for cheap.
Howard Blume is carefully edited by his bosses…and can only scratch the surface in his reporting on LAUSD. The LA Times is run by billionaire Austin Beutner, who is a charter supporter with his close friends billionaire charter mavens, Eli Broad and Richard Riordan.
You cannot rely on their articles for full truth in reporting. In this latest snippet of truth, Howard leans on using the linguistic trick of misdirection by repeatedly writing about “sexual predators” thereby implanting that false equivalency with Rafe Esquith who only used the word “naked” when quoting from Mark Twain.
This yellow journalism is outrageous. Please do not count on the LA Times for honest assessments.
Here is something about the LAUSD situation that you should read.
Here’s the PROCESS!
http://www.perdaily.com/2015/07/lausd-blacklisting-teachers–how-they-do-it.html
That article was very interesting. It sounds very similar to techniques used in Illinois, and I am sure they are recognizable to teachers across the country. I especially relate to the employment questions that screen you out before you ever set foot in the door. I was given the option to resign at one job, but I didn’t take it since it make me ineligible for unemployment and would give me no advantage in the employment process. Our online application doesn’t even ask for what reason you were given the choice to resign. It doesn’t matter; the application will be screened out.
There is another advantage to driving out veteran teachers. Once you rid yourself of them, you never have to have an expensive teaching force again. Just fire them all before they reach tenure. You could probably get away with it under the right circumstances. New teachers could spend a few years working some of the bugs out and getting some experience and then move on to a district that values experience. Just keep your head down and get out on your own terms.
As noted in “Exhibits” portion of Rafe Esquith’s lawsuit filed by Mark Geragos and Ben Meseilus…
https://www.documentcloud.org/documents/2111957-la-school-report-21-pra-response-w-docs-2.html
… the two LAUSD investigators hounding Rafe are retired LAPD detectives Virgil County and Ray Johnson… part of LAUSD’s newly-formed “Student Safety Investigative Team” (SSIT), whose jobs at the SSIT are reportedly netting them a six-figure salary … on top of their police pension (not too shabby). They’re doing all of his under direct orders from Superintendent Ray Cortines, and LAUSD’s top counsel, David Holmquist.
If they’re reading this, I would appeal to Virgil and Ray Johnson, as Rafe’s fellow civil servants, to renounce both their salary and their unfortunate roles in this McCarthy-ist madness in which they are embroiled and implicated. They should try to consider that both they and Rafe are soldiers fighting on different fronts of the same war—the war to create a safe, just, and healthy society (and economy, for all you utilitarians out there 😉 ) :
1) teachers do this by helping develop children into moral, law-abiding citizens, who are skilled and productive adult members of the community whose skills also contribute to a healthy economy;
2) police are at the other end of this, when the efforts of teachers and parents fail to develop those children into moral law abiding citizens… in deterring those adults from becoming criminals, or, if worse comes to worst, arresting them when they do choose to violate laws.
Virgil, a marathon-running enthusiast, even had a program—run by the Los Angeles Police Department for at-risk youth to participate in marathon running as a way to build those students’ self-esteem, deter them from the criminal path, and keep them on the straight and narrow…. (“Sergeant Virgil County” is the last name listed of the police supervising this program)
http://www.lapdonline.org/june_2000/news_view/28986
Why this program is just like….
… what Rafe Esquith does with does with his Shakespeare drama program.
How ironic can you get?
Indeed, the supreme irony of that last bit is that Mr. County is doing the same thing with athletics that Mr. Esquith does with drama and music— use it put kids on the right path, and help them reach their potential. Also like Mr. Esquith, Mr. County donates his time for free.
Therefore, you’d think Mr. County would be in sync with a fellow civil like servant like Mr. Esquith who’s also out to do right by at-risk youth, but based on what happened during the interview, there was no such appreciation of Mr. Esquith’s work by Mr. County.
Perhaps it was the other LAUSD investigator, Ray Johnson, who was asking the tougher questions. Are the LAUSD investigators allowed to behave differently, or ask questions differently than those serving in actual law enforcement… as Mr. Esquith’s lawyer was utterly shocked by what occurred before and during the interview?
So to Virgil and Ray Johnson, please take some time and think about what you’re doing, and why you’re doing it. The “We-were-only-following-(Cortines’/Holmquist’s)-orders” defense didn’t work for the Nazis at Nuremberg, and it won’t work for you now that your roles in this McCarthy-ist fiasco has been made public.
Why not contact Diane Sawyer? Why not contact some high profile tv reporter right out there in lalaland? Where is Oprah – isn’t she flummoxed over this?
Don’t know about Sawyer, but Oprah loves charters. She is close to Clinton, and probably Broad.
But Ellen, do you not think that Kren, Norm, Betsy, Lorna, Lenny and a host of others have reached out to journalists and media people…THE EMPIRE ONES THE MEDia.
Have you for example, seen quotes by Bernie in The nY Times. Not a word as he is greeted by tens of thousands at rally, and on Wednesday is video conferencing with all of us whoa re hosting his grassroots meetings.
The media tele the story the oligarchs need to end democracy by ending public education…it is THE plan!
How about taking it to the Nancy Grace show?
It just goes to show you…it doesn’t matter how accomplished you are as a teacher, how much accolades you have garnered for your school district. If you have the audacity to question school leadership–which is often questionable, to say the least–they can make your life hell.
In my tiny rural school district, our district teacher of the year had brought in thousands of dollars of grant money and ran great programs that brought the district great publicity and most importantly, did great things for our students. But she made the mistake of taking a stand on behalf of her students that questioned a truly idiotic decision of our former superintendent. The superintendent went after her and made her life miserable, even trumping up a dubious complaint against her that resulted in an unpaid suspension. It didn’t matter how good she was; she had to be put in her place by incompetent leadership that cared about their egos only and their students not at all.
That teacher is currently doing an excellent job in another school district. Great for those students, not so great for ours. But hey, the superintendent got her way, and that’s what really counts.
Thanks Drew. Nice work. I’ll be bookmarking that stuff about investigator Virgil County. However, I think you’re missing one of the key players here:
LAUSD’s “Student Safety Investigative Team” leader Jose Cantu—a former LAUSD principal with ZERO background in criminal or workplace investigation. (But hey, don’t let that get in the way of him being hired for that purpose!)
Here’s the article about Cantu and the SSIT’s formation: (a year after it was formed)
http://laschoolreport.com/lausd-unit-investigating-sexual-abuse-allegations-hits-1-year-mark/
Here’s yesterday’s (Monday, July 20, 2015) article about how Cortines just doubled Cantu’s SSIT in size:
Finally, here’s the SSIT’s biggest public relations debacle (prior to the Esquith situation, that is)—the wrongful prosecution of Jason Duchan:
http://laschoolreport.com/teacher-says-lewd-facebook-page-by-lausd-student-cost-him-job-health/
Finally, here’s the discussion on this blog about the Jason Duchan debacle:
Oh, and here’s the sympathetic TV coverage of the Duchan debacle: (quite a black eye for Duchan, the SSIT, and LAUSD management in general)
http://abc7.com/news/teacher-suspended-for-inappropriate-fb-posts-says-he-was-framed/521790/
I forgot the link to yesterday’s article about the doubling of the SSIT:
http://laschoolreport.com/to-speed-up-probes-lausd-has-doubled-investigation-team/
This was my reply at the article… I am doubly bitter, as my baby nephew’s educational future lies in CA…
Yes, as usual when it doesn’t make sense, it’s a scam. CA has been paving the way for such scams for decades. You all and your contempt for public education (started in ’78 w/Prop 13, expsnded nationally w/ your son Ronald Reagan & his ‘A Nation at Risk’… Now your contempt for public-school teachers via the Vergara decision, being exported nationally as we speak.
When I was growing up in the ’60’s in NYS, we were proud that our NYS teacher-certifications were recognized in CA: we were the two highest-achieving ed states in the union. Now, Cuomo is determined to follow CA in the race to the bottom, where we two states will soon sit with AL, MS, NV, AZ, FL. IT’s all about money.
Congratulations CA for pillorying one of your few last fine educators. It’s all downhill from here.
Very unfair to pillory all Californians for the thuggery at LAUSD. And most illogical as well.
addendum…and there are thousands of fine unknown teachers quietly running successful classrooms in California. It is only LAUSD and the interim Superindent (with possibly Eli Broad and John Deasy input as well) that has caused so much trouble for Rafe Esquith. Guess you are new to this site which published endless stories of the problems with LAUSD over the last two years. I even wrote some of them. Please do your homework before spewing invective on all the residents of my state
As noted in “Exhibits” portion of Rafe Esquith’s lawsuit filed by Rafe’s lawyers Mark Geragos and Ben Meseilus…
https://www.documentcloud.org/documents/2111957-la-school-report-21-pra-response-w-docs-2.html
… the two LAUSD investigators hounding Rafe are retired LAPD detectives Virgil County and Ray Johnson… part of LAUSD’s newly-formed “Student Safety Investigative Team” (SSIT), whose jobs at the SSIT are reportedly netting them a six-figure salary … on top of their police pension (not too shabby). They’re doing all of his under direct orders from Superintendent Ray Cortines, and LAUSD’s top counsel, David Holmquist.
If they’re reading this, I would appeal to Virgil and Ray Johnson, as Rafe’s fellow civil servants, to renounce both their salary and their unfortunate roles in this McCarthy-ist madness in which they are embroiled and implicated. They should try to consider that both they and Rafe are soldiers fighting on different fronts of the same war—the war to create a safe, just, and healthy society (and a healthy economy, for all you utilitarians out there 😉 ):
1) teachers do this by helping develop children into moral, law-abiding citizens, who are skilled and productive adult members of the community whose skills also contribute to a healthy economy;
2) police are at the other end of this, when the efforts of teachers and parents fail to develop those children into moral law abiding citizens… in deterring those adults from becoming criminals, or, if worse comes to worst, arresting them when they do choose to violate laws.
Virgil, a marathon-running enthusiast, even had a program—run by the Los Angeles Police Department for at-risk youth to participate in marathon running as a way to build those students’ self-esteem, deter them from the criminal path, and keep them on the straight and narrow…. (“Sergeant Virgil County” is the last name listed of the police supervising this program)
http://www.lapdonline.org/june_2000/news_view/28986
Why this program of “Sergeant County’s” is just like…. (WAIT FOR IT)
… what Rafe Esquith does with does with his Shakespeare drama program.
How ironic can you get?
Indeed, the supreme irony of that last bit is that Mr. County is doing the same thing with athletics that Mr. Esquith does with drama and music— use it put kids on the right path, and help them reach their potential. Also like Mr. Esquith, Mr. County donates his time for free.
Therefore, you’d think Mr. County would be in sync with a fellow civil like servant like Mr. Esquith who’s also out to do right by at-risk youth, but based on what happened during the interview, there was no such appreciation of Mr. Esquith’s work by Mr. County.
Perhaps it was the other LAUSD investigator, Ray Johnson, who was asking the tougher questions. Are the LAUSD investigators allowed to behave differently, or ask questions differently than those serving in actual law enforcement… as Mr. Esquith’s lawyer was utterly shocked by what occurred before and during the interview?
So to Virgil and Ray Johnson, please take some time and think about what you’re doing, and why you’re doing it. The “We-were-only-following-(Cortines’/Holmquist’s)-orders” defense didn’t work for the Nazis at Nuremberg, and it won’t work for you now that your roles in this McCarthy-ist fiasco has been made public.
The latest is that the accuser, Marc Bennett, is recanting his 40 year-old accusations against Esquith.
First, here’s some background.
In the vast majority of teacher investigations in LAUSD, the teacher chooses to be represented by someone from the union, UTLA, in the context of the LAUSD/UTLA management contract’s quasi-judicial process. In this realm, witnesses are never sworn in—i.e. under penalty of perjury— and the accused teacher cannot face or cross examine his accuser(s), or any witness(es) supporting the allegations. No one is ever put under oath… unless and until a lawsuit is filed.
That’s what’s maddening about this. If you don’t have the available funds to file a lawsuit, anyone can say anything, telling whatever lied they want to tell whenever they want to tell it, and you have no way to counter it.
What happened in this case is that Marc Bennett—the accuser making allegations of something improper—was told by the LAUSD folks who are targeting Rafe that all you have do to is just make a written and/or verbal statement, and then your involvement is over. That’s the way it usually works when the case is handled in the realm of the union contract’s due process.
The problem here is that Rafe both hired and lawyer—a powerful and prominent one at that, Marc Geragos—and filed a lawsuit, which means that the accuser, Marc Bennett would have had to go under oath in this case. It’s likely that Bennett will also also face a six-figure or seven-figure defamation lawsuit where Bennett, once again, will have to give sworn testimony, which if disproven or recanted later, opens Mr. Bennett up to federal perjury charges, as the case gets kicked up into federal court.
That’s probably why they dropped the 40 year-old accusations like a hot potato, and the accuser Marc Bennett folded like a cheap umbrella. “Hey, wait. You guys said this would never go to court, and I’d never be questioned under oath. I didn’t sign up for that. Who’s gonna pay my legal bills if I lie for you guys, and then I’m tried for perjury? I’m outta here!”
Bye, Bye, Mr. Bennett.
The two investigators now working for L.A. Counsel David Holmquist—retired LAPD detectives Mr. Virgil County, and Mr. Ray Johnson—will also have be put on the stand. If the trial is videotaped, these two will have to go on Court TV (or whatever it’s called these days), and explain how and why they took children out of classrooms, and under whose authority (who signed off on this)… without the consent of parents, or without even informing those parents before or after, and then County and Johnson proceeded to grill individual students two-on-one or two-adults-on-one-child, and with no one protective of those children’s rights or well-being present during this interrogation.
Those children will also go on the stand—perhaps on TV—and tell of this harrowing experience (as detailed in the lawsuit filing BELOW) which they suffered while being interrogated by Mr. County and Mr. Johnson. Holmquist, Superintendent Cortines, Mike Voigt, et al will all be deposed and subpoenaed as well.
Again, here’s the lawsuit:
https://www.documentcloud.org/documents/2111957-la-school-report-21-pra-response-w-docs-2.html
Mr. Esquith’s lawyer, in the court filings, expresses himself eloquently on all of this:
(PAGES 8-9 of the filing)
Mark Geragos, Esq. : “A despicable and shocking investigation took place. Parents of students in Room 56 (Mr. Esquith’s class) confirm that these students were pulled from class, without parental consent, and grilled by adult-male investigators who made derogatory comments about Mr. Esquith.
” … students actually felt threatened by these LAUSD investigators. Parents of those students collectively complained to LAUSD about the harassing conduct at the hands of these LAUSD investigators. Parents complained that their children were removed from the classroom without parental consent. Parents feared for the health and safety of their children based on the investigators’ tactics.
“At least one student’s mental health was seriously, and medically compromised, by the conduct of these LAUSD investigators. The LAUSD investigators asked students, who had never complained about Mr. Esquith, loaded questions such as whether Mr. Esquith had ever done anything ‘bad,’ or anything that the ‘did not like.’ ”
Regarding the treatment and questions asked of Mr. Esquith, Geragos was equally scathing:
(PAGES 11-14)
https://www.documentcloud.org/documents/2111957-la-school-report-21-pra-response-w-docs-2.html
Mark Geragos, Esq. : “The May 18th Geragos letter also questioned why Mr. Esquith was being directly contacted by LAUSD on substantive matters when Mr. Esquith was known to be represented by attorneys.
“Indeed, directly contacting a represented party on especially significant matters such as this is highly improper, unethical, and anathema to the law. LAUSD was intentionally avoiding proper legal processes.
“… the questions (that were) asked (of) Mr. Esquith followed no interviewing protocol, or any appropriate or logical line of questioning. Counsel for Mr. Esquith took diligent notes of the questions being asked, which included:
“Do you know of any teachers who might not like you? If so, who are they?”
“List the women you dated when you were in college.”
“Were you ever counseled for pushing someone when you were a camp counselor at the JCC Jewish Center Summer Camp you worked at when you were a teenager 40 years ago?”
“Why might teacher X or teacher Y not like your teaching style?”
“Did you ever buy a student a hamburger off school grounds without first getting permission of the student’s parent? Do you know buying students food is against school policy?”
“Why don’t you have a backup plan for someone else for someone else to put on the annual Shakespeare performance, in case, for example, you have a heart attack, so it doesn’t have to be cancelled again like it was last year?”
“The questions, all of which would have been objectionable and completely out-of-line in any legitimate legal process, made clear that there was no clear or defined scope, or any legitimate purpose behind the LAUSD investigation. Nor did investigators reveal the scope or proffer any foundation for the questioning.
“It was patently obvious that LAUSD had used the initial allegations — which had proved meritless — as a pretext to conduct an open-ended investigation, and engage in scurrilous character assassination of Mr. Esquith, and appointed two full-time investigators for this purpose. This experience is shared by hundreds and thousands of other teachers whom LAUSD wanted to (and have) force(d) out under Superintendent Cortines’ regime.
“During the May 27, 2015 hearing, investigators conceded that the ‘initial investigation’ was based on Ms. Hayden’s report. However, the investigators did not state what the current purpose was. When Mr. Esquith responded to questions about teachers who ‘might not like him’, by stating that he is ‘generally supported by tens of millions of teachers throughout the world,’ the investigators responded, ‘the purpose of what we do is to find people who do not like you, not talk to your supporters.’ “
————————————————–
If all of this ever comes to a trial broadcast on TV, that should make for interesting TV viewing.
What this is REALLY all about…
http://blogs.wsj.com/speakeasy/2013/07/17/why-great-teachers-are-fleeing-the-profession/
RAFE ESQUITH (two years ago in the WALL STREET JOURNAL):
(Jul 17, 2013)
“If the system is driving creative teachers to unparalleled levels of frustration, imagine what it’s like for young students getting up in the morning, knowing they face an endless day of rote learning. Many of them now hate school, victims of the tragedy that occurs when real learning is removed from the curriculum.
“But there is hope. Amazing teachers quietly rebel against the current trends of standardization and uniformity. The schools are filled with quiet heroes who superficially play by the rules but insert their best lessons under the radar.
“In my own situation, I will not let the latest Stalinesque five-year plan destroy 30 years of Shakespeare productions with my wonderful fifth graders; you won’t find it in the Core Curriculum, but my students write me letters for decades after they’ve left the school, telling me how important those days in our classroom were in launching them into careers in law, scientific research, education, and the arts. The best teachers will find a way to keep their provocative poetry, challenging research projects, and reading of banned books part of a curriculum that believes such activities irrelevant.
“First-rate educators have areas of expertise and a passion to share them. They have spent decades honing their craft to make lessons exciting. Good teachers get energized fighting the very System that seeks to suck the life out of learning, but imagine if the energy spent steeling their resolve was used to inspire their kids?
“Even students rarely understand what a terrific instructor can mean to a young life at the crossroads of mediocrity and excellence. But it’s possible that a fine teacher will inspire a student to grow to such heights that he will be in power one day and change the very system that threatens great teaching with extinction. Our best teachers entered the profession to help young people find the best in themselves. These heroes are needed by students now more than ever.”
Teachers are not the only ones stuck in the purgatory of LAUSD’s “Teacher Jail.” My blog at: http://goo.gl/riTxwi
Carl you will not be shocked but here is Lenny Isenberg on this subject.
WHO IS LEADING THE LAUSD WITCH HUNT AGAINST TEACHERS- THE ANSWER WILL SHOCK YOU
http://www.perdaily.com/2015/08/who-is-leading-the-lausd-witch-hunt-against-teachers–the-answer-will-shock-you.html
How is it that the LAUSD’s go-to outside law firm Sedgwick L.L.P. that was embroiled in the Miramonte Scandal and sanctioned for covering up evidence is running teacher investigations, teacher jail, and the current witch hunt into nationally acclaimed teacher Rafe Esquith?
As City Watch has previously reported, LAUSD’s latest demand for 15 years of financial reports for the Hobart Shakespeareans non-profit as well as Rafe Esquith’s own personal finances was answered by Esquith’s friends with a rather novel and unprecedented 4 minute video featuring Hal Holbrook and Ian McKellen and students whose lives have been positively impacted.
Documents exclusively obtained by City Watch show how the video came about. It was in response to letters from the Sedgwick law firm supposedly representing LAUSD, but refusing to share their authority for making such an intrusive and invasive request without having given any legal justification for such a demand.
Here is the timeline of Sedgwick’s involvement:
-July 8th Craig S. Barnes, Managing Partner of the Sedgwick law firm contacts the Geragos law firm and says, “This investigation is now about alleged financial issues relating to the Hobart Shakespeareans.” What those issues are or whether they are justified in investigating Esquith is never addressed. And although they seek to do this in lieu of a subpoena, one must wonder why they didn’t bring a formal legal action against Esquith, if they really had anything to justify such an intrusive investigation.
– July 14, 2015- Geragos law firm responds, “It is not clear (1) who at LAUSD appointed your firm counsel, (2) when your firm was retained, (3) whether disclosures were made to stakeholders regarding your significant billable rate for the witch-hunt against Mr. Esquith you apparently wish to bill away at, and (4) what authority you have. No response from either Sedgwick or LAUSD.
– July 20, 2015- Managing Partner Barnes from Sedgwick says, “investigation is designed to determine Mr. Esquith’s compliance with government ethics laws in his actions with Hobart Shakespeareans.” Again, as for any basis for thinking that Esquith has violated any “government ethics laws” or why a non-governmental entity like LAUSD or the Sedgwick law firm is investigating Esquith is a noticeable omission. And again there is no statement as to why Esquith’s actions are being investigated in the first place.
– July 28th- Geragos law firm responds on behalf of Esquith, “Who hired you and who is paying you billable hour”- no response. Geragos now informs Sedgwick that, “Your July 20, 2015 letter to the Shakespeareans and your statements concerning Mr. Esquith constitute defamation of character per se. Still no response
– Esquith supporters respond with YouTube video in defense of Esquith and the Hobart Shakespeareans.
Since Sedgwick continues to refuse to respond to any requests with regard to its authority or basis for going after Esquith, we did some digging ourselves as to what is the Sedgwick law firm. And what we came up with is shocking and might just be an all new low for LAUSD behavior towards its teachers and students.
After reviewing the following about Sedgwick’s involvement in the Miramonte child abuse scandal cover up for which they were sanctioned, ask yourself if there is any credibility in LAUSD Superintendent Ramon Cortines’ statement in a recent Washington Post article: “When it comes to student safety, we are going to choose students over adults every single time.”
Miramonte: LA school district fined $6,000 for failing to disclose abuse photos
$6,000 fine against the Los Angeles Unified School District for failing to disclose the existence of hundreds of photographs, some showing children being sexually abused by convicted Miramonte teacher Mark Berndt. Sedgwick was LAUSD’s lawyers on this one.
http://www.scpr.org/news/2014/05/30/44455/lausd-sanctioned-for-failing-to-disclose-miramonte/
Judge Orders LAUSD to Turn Over Employee Testimony in Miramonte Case
LAUSD had digital copies of employee testimony that they earlier denied having. Sedgwick was LAUSD’s lawyers on this one too.
http://www.nbclosangeles.com/news/local/Judge-Orders-LAUSD-to-Turn-Over-Employee-Testimony-in-Miramonte-Case-277539101.html
“Showtime” for Miramonte Sex Abuse Civil Trial
“In a sworn deposition, [LAUSD employee] Gianopoulos said she took a medical leave from the district because she felt pressure from her bosses.”
“When asked if it was McNair who was making her feel that way, she was instructed not to answer. LAUSD [Sedgwick] attorney Craig Barnes claiming, “attorney-client privilege, work-product protection, instruct her not to answer.”
After reading this, do you have any unanswered questions? Might I suggest that you pose them directly to Craig S Barnes, the Managing Partner of LAUSD’s longstand outside Sedgwick law firm …if he cares enough to answer. He can be reached at: 213.615.8001.
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