Do you want to know why teachers need due process (aka “tenure”)? Read the story below, sent by reader Drew Pepper.
Here’s another story of how LAUSD (mis)handles a case where a teacher is accused of something:
http://laschoolreport.com/teacher-says-lewd-facebook-page-by-lausd-student-cost-him-job-health/
1) LAUSD and Sun Valley High teacher Jason Duchan discovers a student drawing genitals on his desk, then reports this to the principal, who then informs the student’s parents, causing the student to get in big trouble with the adults both at school and at home;
2) That same night, the student retaliates by fabricating a Facebook page that is supposedly created by the teacher, Jason Duchan, full of lewd images and writing—all in an effort to frame Duchan; the teacher remains unaware of the page’s existence for over a year;
3) A year or so later, LAUSD’s “Student Safety Investigative Team” (yeah, that’s what the call it) discovers the Facebook page, but does not deign to talk first to the teacher, Jason, Duchan, and ask him whether or not he was the lewd Facebook page’s actual creator, even though doing so would have cleared the matter up instantly;
4) Instead, Duchan is suspended and hauled off to “teacher jail” without being told the reason, where he languishes for weeks before discovering the charge—and not from LAUSD, but from another teacher, his school’s union rep; upon Duchan’s removal, LAUSD immediately sends out a letter informing all of the parents of students at the school that Duchan was under investigation for possibly being a danger to students;
5) The Los Angeles Police Department (LAPD) becomes involved and does what LAUSD’s quasi-police unit, “The Student Safety Investigative Team”, did not… they first go to Duchan to hear his side of things, who then tells it all — his innocence, how this was all the doings of a mischievous, vindictive student out to frame him, etc.;
The moment Duchan saw the Facebook page, he said he knew who created it. Two of the posts made reference to a student being accused of drawing genitals on a desk, and Duchan said the date the page was created corresponds exactly to the time he reported a student to the assistant principal for drawing genitals on a desk;
6) LAPD quickly investigates the matter, arrests the student for “false impersonation” on a Facebook page, and LAPD Detective Lisette Fuentes issues a statement fully exonerating Duchan;
7) Instead of putting Duchan back to work and apologizing to him, Jose Cantu, head of the district’s Student Safety Investigative Team, said that an active investigation of Duchan by the district is still underway, although he wouldn’t comment on the details;
8) Two weeks later, and after some outcry, Duchan was told by LAUSD that he could return to his classroom, but, as a condition of his return, demanded that he sign a paper that acknowledged he was still under investigation and could not talk about the case. Duchan said he refused to go back to the Sun Valley High campus because he had heard many students thought he was guilty, so he didn’t feel safe returning.
“They were putting me into a hostile environment. They had already sent letters home, and wouldn’t parents be upset to find out a teacher under investigation was back in the classroom?” he said.
Duchan, who teaches media art classes, said he went on medial leave and returned to the district on Feb. 2 as a full-time substitute teacher at a different school. He said the district will only offer him is his old job and no other full-time work. Duchan said he feels his name and reputation have been ruined at the campus.
“I’m trying not to cry when I talk about it,” he said. “I’m going through very severe PTSD, panic attacks, and I have acute insomnia.”

LAUSD’s version of The Crucible.
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As a victim of the exact same treatment, let me tell you , what thus nan says is absolutely true. There us only so much one can take. It is a devestating situation.
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The printed word transmits facts, while film/video transmits “experiences”…. more powerful than even
the best written word, some might argue…
On that score…
… here’s some TV news coverage of the Jason Duchan affair (subject of this thread). This piece, which includes an interview with Duchan where he breaks down, is very sympathetic to his plight:
http://abc7.com/news/teacher-suspended-for-inappropriate-fb-posts-says-he-was-framed/521790/
Also, he’s a teacher at John Francis Polytechnic Highs school.
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Very sad.
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I would like to know what UTLA is doing about this.
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Nothing, absolutely nothing and the toll is in the thousands.
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LAUSD — LA Unrestrained Sacrificial Dungeon
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It is time for him to contact Mark Geragos if he has not already. This is the exact pattern of the Esquith case. Guilt assumed, life destroyed and when teachers are offered a crumb (going back to the classroom), it is on the condition that they never speak. The jig is up LAUSD and I hope they pay dearly because this has happened to thousands of teachers from the estimates I received from several credible people in LAUSD.
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Yes. The inquisition needs to stop. LAUSD needs to be put on notice their actions are reprehensible and punishment will be extracted. Go after these individuals individually in civil court. Then go after the parents of this little weasel. There is many a day when I think that anything involving legal issues ought to be turned over to the proper authorities. When schools take on the role of the police, they usually do a very poor job.
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Assholes like those on the investigative team don’t know squat about kids. Assumed guilty…that’s the crap teachers have to deal with when a child is involved… Seems unconstitutional to me. How about the teachers unions across the nation filing a class action lawsuit to prevent this type of crap. It should not be hard to prove that sometimes kids do lie…
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It isn’t just kids who lie. Even worse are attorneys willing to lie by filing false civil suits against school districts and making up allegations against teachers for the sole purpose of getting a pretrial settlement.
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Teachers MUST be reminded that they do not leave their civil rights at the classroom door. What happened to this teacher should be the subject of a civil suit because the teacher has been defamed, unjustly accused and injured. I read somewhere that LAUSD teachers no longer have legal assistance through their union. If this is the case, this teacher needs to get on the phone and find a lawyer who will help him get justice; or perhaps he can contact Rafe Esquith and team with him.
Many years ago I heard screaming coming from a neighbor’s house. When I ran over there, the wife told me that her husband, who worked for LAUSD, had been accused of impregnating one of his students. The husband had no idea who the girl was and was very distraught. In an attempt to calm them, the police officer said, “We get accusations like this all the time and they are usually bogus.” Sure enough, the girl, who wasn’t even at the school at the same time as my neighbor, admitted that her mother demanded to know the name of the father of the unborn child, so she blurted out the name of this teacher (rather than her boyfriend, the actual father). He stayed in “teacher jail” until he was cleared but never received compensation of any kind. This was thirty years ago. Nothing was ever the same again and eventually they moved to Northern California where the man got a different kind of job.
Teachers are generally very kind, sympathetic and gentle people, who do not want to get anyone into trouble. However, these noteworthy traits become terrible liabilities when it’s time for a falsely accused teacher to defend himself or herself. I want to remind every teacher to seek legal advice when something like this happens. You don’t need that much money just to consult a lawyer and many will take your case on a contingency.
I hope the strange case of Rafe Esquith results in a big financial windfall for him, for Jason Duchin and for all unfairly treated teachers of LAUSD. I also hope that the administrators who targeted innocent teachers and defrauded children and failed to protect them are indicted for the crimes that they’ve committed.
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Teachers have legal services through CTA. I don’t know about CFT.
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UTLA is the only local in California that is not part of group legal services.
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What is the point of being a member of a union, if all they are going to do is look for photo ops? The union should be there for its members during a time of crisis.
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They have no rights whatsoever. McDonald’s workers have far more protections. Administrative law is a sham and a scam. Few outside lawyers will take a teacher’s case.
Take it from somebody who was ruined by a rotten school district.
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This was not my experience. Every innocent teacher that I knew who contacted a lawyer got satisfaction (and frightened the wits out of administrators). In my case, when a parent threatened me and the administrator tried to blame me, I went straight to the police and filed a complaint. You can be certain the district acted appropriately then. I even got the apology from the principal that I asked for, and the parent was banned from all campuses. He turned out to be a felon.
Like you, teachers believe that they have no rights, but they have the same rights as everyone else. The trick is to reach OUTSIDE the district to get help. And there are definitely lawyers who will defend a teacher.
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Easy for you to say, Linda. It costs MONEY to hire an outside lawyer, and union lawyers are worthless. Just because it worked for you, don’t you DARE assume it is the situation everywhere else. This stuff is RAMPANT and is getting worse. It doesn’t have to involve kids AT ALL, and you can be ruined That is my case in a nutshell. The one administrator assumed things about what the other administrator was supposed to be doing but she didn’t do anything. Oops, throw me under the bus in order to protect them. I got RUINED financially by Washoe County School District in Nevada because two administrators did NOT do their jobs and the association was right there in bed with them, throwing me under the g.d. bus. They rigged the hearings, I was NOT told of my rights to sue under EEOC, which associations are supposed to do but don’t. I was not told one single solitary thing; the executive director of the association was right there in bed with the head of HR and “coincidentally” took a job he just “happened” to have created while my idiot case was going through the process.
You haven’t been terminated, so you have no clue how rigged the system is. And don’t assume that because you dodged one bullet, that they can’t touch you.
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By ruined financially, I mean I have NEVER, EVER worked full time in any kind of job, ever again since this happened seven years ago. The culprits are all doing fine, thank you, when they should have been FIRED for what they did to me.
I don’t have a spouse around to cushion the blow, either. For the past five years my “home” is a couch in my brother’s mobile home.
Your post is totally cruel and clueless, Linda.
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In my experience, the teachers who knew nothing, and did nothing, were the ones “thrown under the bus.” It’s a teacher’s responsibility to find out what her options are when she is unjustly accused of something. And yes, she might have to pay $300 for a consultation with an attorney. Almost every teacher I’ve ever known can come up with that kind of money. After that, she might have to shop around for a lawyer who will take her case on a contingency. If laws were broken, as they often are in schools, she can file complaints with outside agencies. It worked for me. All this assumes that the charges were unfair and baseless. If a teacher is guilty of something, that is another situation.
There WERE teachers who were mistreated during my tenure, but these were the people who signed on the dotted line or abruptly resigned when something bad happened.. In my opinion they had a hand in their own mistreatment.
I’m sorry that something unfair happened to you but you must ask yourself, Did you consult an attorney? Did you ask questions about your options? Did you defend yourself?
Please do not continue to spread the common belief that an unjustly treated teacher is powerless to do anything to defend herself. She is not. Of course, if a teacher is guilty of something, that is another story and I’m not talking about that situation.
It will be interesting to see what happens to Rafe Esquith if he was unjustly accused.
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Susan, I am sorry this happened to you. I am just trying to make the point that a teacher has the same constitutional rights as anyone else but she MUST fight. Still, as you say, sometimes bad things happen to people who are totally innocent. It seems that this is your case and I am sorry if I added to your pain.
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It is now standard procedure in LAUSD to terrorize teachers for the following: over 50 years of age, whistleblower, creative, advocate, disliked by administrator for any and all reasons. UTLA leaders are cronies for the millionaires who own the BOE. LAUSD has been destroyed from within.
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Duchan and those who support him should research if he qualifies for defamation, libel, and slander. he may have a cogent, strong case.
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I agree with Susan, Linda. Your matter of fact analysis of what teachers can do to not be victims is a little arrogant. I do agree that too often teachers are afraid and allow themselves to be bullied but in a lot of cases, teachers just don’t have the money to pursue legal redress. I say that because I also was falsely accused and fought till they fired me. By the time this happened, I had no money to mount an appeal. I had to retire and luckily maintained my benefits but all teachers aren’t in this situation. I understand completely what Susan has gone through and know she feels her situation has not been resolved in her benefit. Hopefully, redemption is coming and Linda, everyone is not financially able as you seem to be. A little understanding would go a long way in easing this teachers situation.
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I acknowledged the fact that Susan’s situation was unique and apologized to her if I seemed unsympathetic.
In my many years of teaching, I saw teachers fold at the least sign of trouble. They did not fight or even pause to ask questions but allowed themselves to be bullied, as you so aptly put it. These are the teachers I’m talking about.
In my district a teacher had the ability to ask for the advice of an attorney whose services were paid by the union. If the teacher had been unfairly treated, she could sue, with a large percentage of lawyer fees provided. Still, many did not avail themselves of these services.
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A lesson for Campbell Brown, et al
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I so no mention of what his or the union’s lawyers are doing.
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The more I read these horrible “”set-up”” accusations, the less I respect for corrupted and abusive authority and the less I will devote my help to all BAD children.
In reality, it is not ONLY because Teachers are generally very kind, sympathetic and gentle people, but they are also GULLIBLE and TRUSTING to corrupted authority and malicious students.
Therefore, Teachers need to remind themselves to use their critical analysis of their conscience AGAINST the corrupted and abusive authority/administrators plus malicious students, in order to AVOID all “”SET -UP”” accusations. Back2basic
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With the huge numbers of teachers in LAUSD who have been banished to teacher jail, this Esquith/Geragos class action lawsuit could bankrupt the district. Hundreds, if not thousands, of innocent teachers are sent to rot away in the LAUSD Gulag, teacher jail, with the goal of breaking them into submission and terrorizing all teachers. Either they must quit from exhaustion, or they will be continually bullied by the Beaudry administration until they break. As has been mentioned often, the preponderance of these teachers who are not given due process, but are assumed to be guilty of trumped up charges which clouds their reputations forever, are older teachers and ‘of color’ teachers who are at the top of the salary scale and whose lifetime benefits are about to vest.
LAUSD seems to want to cut their costs and sinking budget (often due to their own waste) of the backs of older teachers.
Cortines and Deasy have used this technique with impunity by the BoE. Surely there are some few teachers who must be fired for cause, but widely respected teachers like Esquith, Duncan, and Stevenson, must be vindicated with this class action lawsuit.
And the LAUSD costs incurred by the misdeeds of both Deasy and Cortines is almost incalculable, it is so high….close to a billion dollars of taxpayers money has been wasted in just the last few years, with cases pending against these two defective decision makers. With FBI and SEC investigations into Deasy, he could be prosecuted on federal charges. And public money has already been spent to hush the sexual harassment charges against Cortines. Where does it end? When does Eli Broad’s inner circle which rules LAUSD get tossed out? Where is the equal justice between these two ‘jailer’ Sups and the many teachers they so unfairly malign?
Rene Diedrich has been writing about this travesty for years, as have I. We, who run blog sites like her Hemlock on the Rocks, and the work of my organization, Joining Forces for Education, get these reports so often. Generally the teachers are asking for legal help…however finding educated and dedicated lawyers to represent them costs a fortune which teachers do not have. So some are having nervous breakdowns, some are losing their homes, and some like Mr. Duncan suffer with PTSD, and some are choosing to die. It is outrageous.
We must never forget the LA Times publishing teachers scores so that one fine teacher who was so humiliated, commited suicide. This newspaper is run by billionaire charter lovers and those who want all public education to be privatized.
Please, all teachers who are now in LAUSD teacher jail, or have been, get in touch with the law offices of Mark Geragos.
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Shouldn’t UTLA be filing a lawsuit on this teacher’s behalf? It’s wrong that the ONLY full time position they will offer him is at his former school!
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What do you expect the District to do? All the police investigate is whether there is enough evidence to arrest/prosecute a teacher. The school investigates “liability” concerns. If there appears evidence of something “fishy”, then its in the best interest of the district to terminate, or buy-out the employee, even if the police fail to arrest.
Whether it is right or not, this is the new way. Same with having charter schools. If any teacher is accused of something serious, expect to get pulled and put on paid-leave, just like police officers. When involved in any shooting, most major police departments put the officer on paid-leave pending investigation. Standard practice. Unfortunately, or not, this is now the new norm for teachers. To err on the side of caution.
While being on paid-leave, or being housed, whatever you want to call it, the investigators will investigate the allegation, which may include interviewing witness, phone records, attendance, etc. and that includes the teacher. If there appears to be no evidence except something made up by the student, then the teacher is returned. Obviously, the reputation of the teacher is now being tarnished due to the accusation and investigation, but what are you going to do?
If, during the investigation, NEW allegations from other students or staff come forward, then the investigation broadens. Etc., etc. Whether you like it or now, this will not change. Just like charters. Other than making sure the investigations are doing it in a timely manner, teachers notified of what they are accused of, etc.. nothing you can do about it. This is now the new normal.
Unless you have an alternative that you can come up with??? Anyone???? And not only come up with an alternative, but sell it to the Board and public. If you can do that, congrats!
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Who are you? Do you work at Beaudry?
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We expect due process. Justice delayed is justice denied .mteachers sit in TJ for years then languish without pay fir years more . Its unconscionable. These charges are often ridiculous and most get trumped up besides . You cannot speak to the horrors trachers face Because administrators are rewarded for torpedoing our careers.. The kids will recantbtheir statements, oarents will fight for teachers and its to no avail. Deasy used to pressure suits and the board to fure all of is and as Steve Zimmer readily admitted on the blog not long ago , the BOE was indeed firing teachers without even looking at charges. They did so to appease the charter school association . I think an immediate independent investigation has to be done amd false allegations that are clearly retaliatory must be punished .
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“Same with having charter schools.”
“Just like charters.”
No, Ellen, sounds like a paid troll for the edudeformers. Two completely misplaced mentions of charters trying to make it seem like charters are “just like public schools”. Now I may be wrong, but just saying. . . .
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Yeah, who are you? You sound like one of those losers on the district’s investigative team that stretches investigations out to maintain a job. No one is saying to not investigate a charge but to string investigations out over years and even to go back 30-40 years in a person’s past to dig up negative information is wrong and unfair. You investigate a teacher for one allegation and multiple investigations emerge on new allegations. No. I think the only thing the investigative team is doing well is preserving their jobs. What happens to them when all the false allegations stop and they have to do real work. Here’s the alternative you asked for, investigate within 30 days of the charge and stop fishing for additional dirt based on false allegations. Also, get a real job where you do ethical investigations, not witch hunts.
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“Whether it is right or not, this is the new way.”
Sounds more like the old way: Socrates, Galileo, Solzhenitsyn, Josef K. (in Kafka’s novella The Trial), etc
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How can anyone know the facts first when they are not questioned, but simply whisked off the job site and put into teacher jail without being explained to the cause for such action?
Remember due process? Remember the Constitution?
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So your ultimate solution is what!?
Importing whacky ‘English speaking” robots from Japan and replace all school administrator!?
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Ken…shills from the district are planted in this chat/comment site to redirect conversation. And to pick up info on just what other educators are planning. It is important for everyone to be aware of this and not telegraph our punches. Sad to say, we must use discretion when talking amongst ourselves. I know that for years now, shills are also planted by Parent Revolution.
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Anyone who wants to contact me privately can reach me at
joiningforces4ed@aol.com
We are an organization of mainly retired educators, from pre K – university, who believe in public schools and who work to push back PRev and the privatizers who seek to make pubic education a free market opportunity for vast individual profit, all at the expense of the American taxpayer, the students, and their families.
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The solution is simple, teachers retain their due process rights when accused of something. They have a right to know the charges against them quickly and to question the accusers and see the evidence. With LAUSD, you are pulled out of class on one allegation, put in teacher jail for an unlimited time, refused the right to question witnesses against you and then at the end of the investigation, you discover instead of 1 or 2 charges, you have 20-30 charges extending back as long as they want. This is not fair and should be stopped. If the investigation was done fairly and quickly, their would be no need for teacher jail.
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“What do you expect the District to do?”
We didn’t expect the Spanish Inquisition.
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KnowtheFactsFirst
June 29, 2015 at 8:08 pm
“What do you expect the District to do? All the police investigate is whether there is enough evidence to arrest/prosecute a teacher. The school investigates ‘liability’ concerns. If there appears evidence of something ‘fishy’, then its in the best interest of the district to terminate, or buy-out the employee, even if the police fail to arrest.
“Whether it is right or not, this is the new way.”
==============================
Actually, this is actually an “old way”… the Stalinist way…
Mr. Duchan is merely one whom Stalin describes as one of “the necessary sacrifices for maintaining social order”:
————————————————–
JOSEF STALIN:
“If you want full dictatorial control of people, police and prosecutors can’t only punish the guilty. That accomplishes almost nothing, with people thinking, ‘Well, as long as I obey the law, or follow my role in society, I’ll be fine.’
“No, police and prosecutors must also punish the innocent—especially the innocent, or punish people when they are innocent. That way, the rest of those population observing this unjust punishment will be in total and constant fear. No one is safe.
“As a result, will never dare to deviate from the dictates of power, and will then be bending over themselves trying to please those who are in power. Those punishments of these innocents are not acts of injustice, but rather, necessary sacrifices for maintaining social order.”
——————————————–
Another thing… these investigators are retired LAPD detectives. It’s almost as if they’re delighted at finally being free of requirements that the must respect any of an accused suspect’s pesky “constitutional rights”… they can ignore all of this, and then go to town, with absolutely no consequence for doing so. Once this gets out that this is how retired LAPD detectives make their daily bread, it will be yet another black eye on the institution of LAPD.
So … KnowtheFactsFirst, it’s easy to defend your “punishing the innocent people actually is a good, cheap way of helping maintain social order.” argument when neither you nor your own loved ones are the recipient of such injustice… I imagine your support might wane if it was YOU who was the innocent being punished… or YOUR SPOUSE… or YOUR ADULT CHILD…. or your SIBLING… that was falsely accused and branded as a pedophile.. and in the minds of many out there, that branding will be forever.
If this were happening to either you or to one of your loved ones, you’d be singing a different tune.
I doubt you’d be glad to offer yourself, or offer your loved one up as one of “the necessary sacrifices for maintaining social order.”
Look in the eyes of Mr. Duchan during this interview, and tell us all again about how the monstrous injustice that these retired LAPD detectives and LAUSD management visited upon him is good for society.:
http://abc7.com/news/teacher-suspended-for-inappropriate-fb-posts-says-he-was-framed/521790/
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I just want to say that Rene Dietrich has sent me things over the past two years that are WAY out there and full of vinegar and acid. And in the same breath, if there is anyone who exemplifies “justice warrior” and “wont’ back down”, it’s Rene.
Ms. Dietrich personifies the heavy lifting that we must all do in fighting corporate reform. She will not let anything go, and her tenacity is a model for all of us in so many ways. She’s angry for good reason, but she takes that anger and she channels it into the pursuit of the truth like so few people I know.
Renee is an ally, a friend, a go-getter, a voice, an artist, a poet, and has such soul and veracity in her advocacy that it’s hard to miss her branding and the facts she uncovers on a microscopic level. Her tone can be severe, but severe reactions to severe offenses is increasingly becoming an effective tool. I urge everyone to take a look at her blog, “Hemlock on the Rocks.” It’s brilliant, and if you stick with it long enough and read both the lines and in between the lines, you’ll see so many things about education reform you might not have thought about before. Ms. Dietrich has also had the courage to go up against Randi Weingarten and question the unions, thread by thread, stitch by stitch.
We can all learn a lot about what is going on in LA. Never say it can’t happen here in the snooty northeast and in New York . . . . .
-Robert Rendo
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Hi Robert…agree with you. And Hemlock articles are mainly written by LAUSD teachers, many of whom have been teacher jailed and/or undercut in various ways by the district…and some articles are by me. Hope Rene bounces back from recent problems.
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Reblogged this on David R. Taylor-Thoughts on Texas Education.
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Evil. I’m not an attorney, but it seems to me that Mr. Duchin could sue for defamation of character. I would then go back to college and retrain into a different profession. I would never look back. With the toxic attitudes toward teachers today, there is going to be much more of this I’m afraid. We are all just one “he said or she said” away. Let them have their 33,000 dollars a year job that they are desperately trying to make into an 18,000 dollars a year job. Mr. Duchin, it is not worth it. Your peace of mind, your happiness, and your well being can never be given up. What goes around comes around. That kid will pay heavily someday for bearing false witness against you. Better days are ahead for you without education. I would shake the dust off and leave education behind. Let the evil ones have it. It is not worth it. I wish you well, Mr. Duchin. God hates injustice. Please remember that.
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Jason Duchan has many legal causes of action if he can afford an attorney.
This haunting tale of overkill by Broadie administrators, and those tales of so many other honorable and beloved teachers, must be kept in the public eye.
Rafe Esquith (and his class action lawsuit against Supt. Cortines and LAUSD), Iris Stevenson, and all the other unfairly jailed teachers, must be kept in the public eye….not snippets on back pages of the LA Times which is run by a billionaire supporter of privatizing our schools. Billionaire Austin Beutner, along with his then partner, billionaire Eli Broad, supported by billionaire former Mayor Richard Riordan, some years ago sought to buy the LA Times. That did not happen, but with these giants of industry collusion, Beutner (not a journalist, but a Wall Street tycoon) is now CEO/Publisher. He is a reknowned activist for gay rights, and so we have seen all the front page (and multiple page, day after day) attention he has given to the recent SCOTUS decision on gay marriage. Reporting on the fairness of this high court decision is deserved.
However, if Beutner was an honorable man, he would assure equal time (and maybe 1 inch headlines) reporting the plight of our teachers and our public schools.
Where are the reporters, the political commentators, whose job it is to report fairly? Where is 60 Minutes? Where is CNN, the World News? These local stories which we tell each other here, are exemplars of how teachers are being defamed and railroaded nationwide. The death of America’s public schools at the hands of these uber wealthy overlords is kept hidden on the back pages of media, next to the obits.
Anyone up for starting a legal defense fund? If every teacher in America donated $10, this would be a start. Defamed teacher Lenny Eisenberg has been calling for this action for years.
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A number of posters have asked why the union (UTLA) can’t or won’t do more to defend these falsely accused teachers. As a former member of the UTLA Board of Directors, here are some of the issues:
1. When these teachers are removed from their classrooms, they are still in paid status, drawing a paycheck. Yes, it’s horrible the way LAUSD conducts these proceedings, but they have a “right” under current law to reassign people.
2. The union’s remedy for such actions, unfortunately, is to file a grievance, but that grievance can’t go forward until the “investigation” is completed one way or the other. Obviously the District can string things along for as long as it likes. Remember, the “accused” is still being paid.
3. In this case, the District seems to be going against its own past practice of NOT sending a teacher back to the same school. I don’t know why this is so, but the union could certainly advocate on the teacher’s behalf to be transferred; however, there must be an open position somewhere in the teacher’s field (still many layoffs and displacements happening in LAUSD, sadly).
4. The situation is even worse for substitutes accused of wrongdoing. According to California law, they are “at-will” employees, and may be fired at any time for any reason. Being a member of the union will not protect a substitute. Sad, but true.
5. Sometimes UTLA has been able to go outside the grievance process by demonstrating, etc. on behalf of the unjustly accused, so as to shine a light on District wrongdoing, but this doesn’t always work either.
6. Individuals may hire outside lawyers, and sometimes get some relief, but the overall problem remains. And redress will still take a long time.
We would all like the union to be more assertive, but as long as the District leadership, the superintendent and the school board, keep acting like the Red Queen in Alice in Wonderland, everyone is at risk. Kafka and Catch-22 remain required reading as well. But don’t ever give in to injustice.
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Brad speaks from both sides of his face.
Thousands of teachers have lost their jobs, some have lost their marriages and houses and some have lost their lives. UTLA will not do anything because they get dues money no matter whether the teacher in the classroom has 1 year experience or 20. UTLA does not follow through on grievances if the teacher is not one of the chosen. I have 8 years worth that have never been pursued.
Please don’t speak about things that you do not know completely or understand. Your cheer leading reminds me of those Southerners who want us to believe that the Confederate battle flag only represents “heritage.”
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Thanks Brad for helping clarify the UTLA issues. Here is an email I just got from an LAUSD teacher who also writes about why UTLA is not full force into this fray. Please comment on his/her information.
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” I have read your comments re: Rafe Esquith and on Diane Ravich’s blog. Some other commentators asked where’s UTLA?
Are people aware that UTLA does not have legal insurance? For some reason it lapsed or was not renewed. I heard the insurance company went under, it was too expensive, but it’s just hearsay. The bottom line, there are no union attorneys to review the accusations, no union attorneys to review the evidence against the teacher, no union attorneys to represent the teacher at the dismissal hearing. I spoke to at least a dozen of the teachers who are not “in trouble” and they are not aware of that. Teachers who are not “in trouble” seem to think that if they get “in trouble” they will be represented by a lawyer. NOT!!!! UTLA is keeping it hush-hush. We hear in the media about “union lawyers”, which is a blatant lie. I am represented by a school site UTLA representative who often times does not know the contract and by an area representative has no legal training whatsoever. UTLA issued a comment on their website re: reaching out to Rafe. In my experience they do not reach out. One has to keep calling them. Rafe and I share the same UTLA area representative so I can imagine how much assistance he got. Very little.
So while LAUSD and administrators have a benefit of legal counsel at taxpayers’ expense, the accused teachers, who are by the way the taxpayers paying for the district lawyers, have to hire their own lawyers. Even accused criminals have access to a court appointed public defender. According to teachers who have brought lawsuits against LAUSD, it costs minimum 30-40K to litigate with the district. People take settlements because they run out of money. This is scandalous!
…… maybe someone should start asking this question. Other CA unions have legal insurance. Why not UTLA, one of the largest teacher unions in CA? “
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To KtFF:
Pardonne-moi, may I call you Know the FABRICATED FACT. This name seems to fit your opinionated expression.
Here are what you wrote according to your knowledge about fabricated facts, such as;
1) Whether it is right or not, this is the new way.
2) Whether you like it or now, this will not change.
3) whether there is enough evidence to arrest/prosecute a teacher, even if the police fail to arrest.
Your original nationality background seems to come from those Fascist or Communist countries even if you MIGHT be born and raised from America.
You and all corrupted authorities, corrupted business tycoons should go back to where all of you deserve to belong to. I am very sure that China, Russia, Malaysia, and North Korea love to have all of you with them in order to terrorize the world. It is just like in the show “”Pinky and the Brain”” where the brain always want to control the world, hahaha. What a full basket of nuts! Back2basic
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Thank you Ellen and Linda for your wisdom and motivational support.
It is worth to repeat all important INFO as follows:
1) You must ask yourself, Did you consult an attorney? Did you ask questions about your options? Did you defend yourself?
2) DO NOT SPREAD the common belief that an unjustly treated teacher is powerless to do anything to defend herself.
3) Ellen Lubric and Rene Diedrich run blog sites like her (Rene) “”Hemlock on the Rocks””, and the work of my (Ellen) organization, “”Joining Forces for Education””
4) Anyone up for starting A LEGAL DEFENSE FUND? If every teacher in America donated $10, this would be a start. Defamed teacher Lenny Eisenberg has been calling for this action for years.
5) Please try to privately contact Ellen at:
joiningforces4ed@aol.com
I am sorry to say that Susan Nunes is completely in a withdrawal mood. Please remind yourself that you are very lucky to be single while you are in trouble. You are free to seek help. Most of all, you are free to eat and sleep whenever you need to do so.
Your imagination of spousal support is just as rare as union support whenever you are needed for a support or help.
Last but not least, who the heck are you, Paula? If I am not mistaken that you are the one who asked people to contact you in order to deal with LAUSD’ corruption..However, I read with disbelief in what you conclude in this forum from your post, such as:
“”I agree with Susan, Linda. Your matter of fact analysis of what teachers can do to not be victims is a little arrogant.
Hopefully, redemption is coming and Linda, everyone is not financially able as you seem to be. A little understanding would go a long way in easing this teachers situation.””
Please do not be Dr. Jekyll and Hyde. It is NOT ARROGANT for teachers seek legal support from tax payers when they are victimized by fabricated facts. Back2basic
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This is beyond outrageous! Hit them where it hurts. Who knows a good lawyer in Southern California—particularly one who supports teachers and public schools.
Find one: And then SUE SUE SUE SUE SUE everyone who played a part in this neo-Witchhunt, made possible by the atmosphere and general ethos created by miscreants like the mendacious Campbell Brown, Michelle Rhee, Joel Klein, and so many other so-called reformers who have deliberately set out to scare parents into believing that “significant numbers” of teachers are sexual predators.
THIS is what happens when you allow people like Brown and, ironically Rhee, whose husband, Kevin Johnson DID have improper relations with underage girls—they settled out of court to avoid a big public trial.
These people must be condemned in the strongest and most strident ways, denounced in public and called out for the scheming witch hunters and gold diggers that they are.
Because when we let them roam the country, slandering our educators, and lying about their supposedly “permanent jobs for life” from “which they can’t be fired, no matter what” we need to come down on them with every bit of resistance within us.
Otherwise these trumped up charges and Death By Innuendo & Rumor will make this look like just the tip of the iceberg.
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Thanks to those of you who have expressed your concern and disgust. The end of this story may come without justice for those wronged.
“In the end, we will remember not the words of our enemies, but the silence of our friends.” MLK
In this fight the teachers of Los Angeles seem to be friendless.
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Linda, who are some good lawyers for teachers?
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Something similar happened to me. The LAUSD ruined my life.
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