Los Angeles Times on Rafe Esquith

October 16, 2015 //

There is much we don’t know about this case. But when the courts get around to Rafe’s $1 billion class action lawsuit, we will lots more than we do now.
Here is the story in the Los Angeles Times.

Categories Education Reform

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fremontwatch says:

October 16, 2015 at 12:41 am

I think you left out the word “see” or “learn” : We will learn lots more than we know now…

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2old2teach says:

October 16, 2015 at 1:02 am

I am glad to hear that some of his students’ families will be suing as well. Not only has the school district tried to destroy Rafe Esquith, but they have deprived his students of an experience that they are unlikely to have again. I feel like the class action suit is not only for those LA teachers who were mistreated by LAUSD but for all of us who have ever been subjected to abusive treatment at the hands of school officials. Whatever happened to those so-called progressive board members that were elected to the Board?

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Susan Lee Schwartz says:

October 16, 2015 at 1:16 am

From Perdaily.com a LAUSD blog by Lenny Isenberg:
http://www.perdaily.com/2015/10/the-ugly-truth-behind-lausds-firing-of-rafe-esquith.html

“The media never mentions that each time the LAUSD gets rid of a teacher like Esquith, it saves approximately $60,000 in salary and benefits just in the first year. This would actually be a logical reason why Esquith and thousands of other top-of-the-salary-scale teachers have been targeted and removed on clearly false charges.

“What makes matters worse in the Esquith case is that he refused to just roll over as so many targeted teachers have done in the past – mostly because they had neither the money nor the will to stand up against a multi-billion dollar behemoth like LAUSD.
Esquith engaged the firm of Geragos & Geragos. They have the bank to play in this high stakes legal game where Esquith and many of the more than 1000 other teachers have been targeted on false charges seem to be ready to fight. These teachers have finally found an advocate willing to go toe-to-toe with the District and its allies at the state and federal level who are bent on saddling public education with a system where seasoned higher-priced veteran teachers like Esquith are a burden.

But the bottom line is that, in the face of the Geragos class action suit filed against LAUSD, they had to fire Esquith now, since to do otherwise would allow evidence to surface that Esquith and other targeted teachers have been arbitrarily and capriciously fired without justification. In the inimitable LAUSD style, firing Esquith at this time only kicks the legal can down the road – hopefully to a time when the present group of criminals running LAUSD will have finally retired.”

and from Citywatch
http://citywatchla.com/8box-left/6666-lausd-and-utla-complicity-kills-collective-bargaining-and-civil-rights-for-la-s-teachers

“By merely adding a gratuitous morals charge under California Education Code (44939.odt), a teacher can even be stripped of their Collective Bargaining rights to grievance and arbitration. This war against teachers started in 2006 when present chief LAUSD attorney David Holmquist was director of the LAUSD Office of Risk Management and Insurance Services. With 2006 Retiree Health Actuarial info.pdf, it became open season on older high-seniority and better paid teachers who either suffer from good teaching or honesty in the face of endemic LAUSD/UTLA corruption.

In the case of thousands of media-made-invisible LAUSD teachers who have been removed from their livelihood without honest cause, they are put through a series of pro forma meetings, where the results are predetermined and those representing LAUSD will admit that they have never even read the responses to the knowingly false charges being brought against you, since LAUSD’s sole motives are to get rid of teachers at the top of the salary, about to vest in lifetime health, or who are disabled.

Furthermore, there will have been no investigation- other than talking to the principal who was encouraged by their superiors at LAUSD to bring the charges against you in the first place. The truth of charges is really never at issue, since your responses are never read and the finds of your “due process hearing” is written prior to the hearing.

After an ersatz Skelly hearing that in no way respects the rights that the Skelly case is supposed to insure, your name is submitted to the LAUSD Board for termination as a teacher without any proof being offered of the bogus and self-contradictory “evidence” being offered against you or even a minimal according of fundamental notions of due process of law.

While this might seem to be a pretty extreme statement, I think Richard J. Schwab, esq. of Trygstad, Schwab, and Trygstad put it best when I first met him on November 17, 2010 on the occasion of my own dismissal proceedings that had just been rubber stamped by the LAUSD Board. At that time he said,

“You have no civil rights, you’re chattel to LAUSD.”

That seems to be the case with Esquith, and no one is surprised, least no time who
As the above Citywach piece was written in 2014, it comes as no surprise that lAUSD will save 60k as Mr Esquith is erased from the budget..

It come as no surprise to me, who endured the same betrayal my civil rights in 1998, and wrote this in 2004.
http://www.perdaily.com/2011/01/lausd-et-al-a-national-scandal-of-enormous-proportions-by-susan-lee-schwartz-part-1.html
I will post it in another comment.

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- Ellen Lubic says:
  
  October 16, 2015 at 2:32 pm
  
  Thanks Susan for expanding on this info which I commented on yesterday. Lenny documented so much of this over a long period of time.
  
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  - Susan Lee Schwartz says:
    
    October 16, 2015 at 3:40 pm
    
    I want to add something to this civil rights abuse, but it is LONG, and was the essay on it that I wrote on it in 2004, which Lenny put up. I often link it here, but Iwant to copy and paste it to this particular post, because this LAUSD crap should no the happening in light of what was apparently a civil rights issue back then AND, THE ISSUE…the very process , undone to the public and the attorneys general that has deprived tens of thousands of Americans of their rights to end themes abusive practices in the schools.
    
    I will put it up s a larger comment, Ellen, as I hat when it crawls long the side!
    
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LeftCoastTeacher says:

October 16, 2015 at 8:59 am

This firing truly bothers me as a teacher. Isn’t inappropriate touching of minors a crime? If Rafe is not being brought up on criminal charges, then exactly what kind of touching are my employers talking about here?!? I need to know if high fives, hand shakes, and pats on the back are grounds for dismissal. Ridiculous.

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- Susan Nunes says:
  
  October 16, 2015 at 10:25 am
  
  They can make up charges with impunity. School districts aren’t subjected to criminal charges if they commit acts that would get attorneys in civil or criminal cases disbarred.
  
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- julie says:
  
  October 16, 2015 at 12:54 pm
  
  well, no victims have come forward to press criminal charges. I doubt there are any victims.
  
  i am right to assume since he was fired, he has no cliam to his pension benefit?
  
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  - curiousidle says:
    
    October 16, 2015 at 1:41 pm
    
    No. Being fired does not mean your multiple years of service no longer matter. He had more than 30 years in. He will get his pension.
    
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- Susan Lee Schwartz says:
  
  October 16, 2015 at 8:12 pm
  
  How clueless are you?
  you need to read what i post…It was 1998 when I encountered this processl IF THEY WANT TO GET YOU anything they wan to say will stand.
  http://www.perdaily.com/2011/01/lausd-et-al-a-national-scandal-of-enormous-proportions-by-susan-lee-schwartz-part-1.html
  
  They save a bundle (40k to 60k) if they can move you out before you can vest in benefits.
  
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DellaRios says:

October 16, 2015 at 9:18 am

Where is the outrage from the Union? I’m not hearing a peep here in LA. What does that mean? Why would LAUSD target such a public figure….to intimidate? This is not as straightforward as it looks. Believe me when I tell you that John Deasy pushed out more senior teachers through his beatership than a secret unpublished plan on the part of the board. They don’t talk to each other much so I find a conspiracy very unlikely.

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- Susan Nunes says:
  
  October 16, 2015 at 10:23 am
  
  The “unions” are typically in bed with school districts. It matters not whether it is a right-to-work state or a state that isn’t. Almost all school districts operate in a similar fashion. It is because their legal departments or outside law firms encourage school districts to break the law in order to force a lawsuit and settlement by teachers, if they can even find lawyers to take their cases. Teachers once terminated very, very rarely get their jobs back. Administrative law is a joke and a scandal.
  
  You actually have to have been victimized by a school district to understand at all how these districts operate.
  
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- Susan Nunes says:
  
  October 16, 2015 at 10:31 am
  
  Apparently you think the bogus allegations are true. God help you if you ever get targeted by an administrator. The law does NOT protect teachers–all they have is the right to a sham hearing. School districts can and do make up charges all the time to get rid of unwanted teachers. I have said why, and it is the truth. Talk to a few of us who have had their lives and careers destroyed by these school districts. If you are a teacher, you have no idea as to how few “rights” you have.
  
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  - Gordon Wilder says:
    
    October 16, 2015 at 1:00 pm
    
    You are so very right. That happened to me as both administrator and teacher. As an administrator I had teachers from all over Northern Indiana and Illinois come to see my teachers teach. Does’t matter. As a teacher and administrator II had articles in our state educational magazine plus a national education magazine publish articles about the kinds of innovative things we were doing. The state North Central evaluation team stated that my high school choirs showed “skills and proficiencies far superior to anything they had seen in Indiana”. These skills were shown at 2 Indiana universities etc etc.
    Makes no difference. When you do superior work which the school board cannot understand and/or when you speak up about the stupidities of what is happening in your schools you are replaced.
    It was at this point that i felt it necessary for the first time to join the teacher’s union.
    
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Susan Nunes says:

October 16, 2015 at 10:20 am

We already know the truth. Rafe Esquith was sacked because he was too expensive to keep around. This goes on all the time, all over the country, to teachers who have the unmitigated nerve to live past 50 years of age.

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KrazyTA says:

October 16, 2015 at 11:07 am

The latest piece from the LATIMES, put online on 10-15-15 and appears in paper edition of 10-16-15 on front page of section A, bottom right. In other words, prominently displayed to make sure that the general public and public school staffs are warned that they are under the imminent threat of scrutiny and dismissal if they step out of line.

Link: http://www.latimes.com/local/education/la-me-1016-lausd-misconduct-20151015-story.html

From the first part of the piece:

[start]

When a colleague complained that Rafe Esquith, the most celebrated teacher in Los Angeles, had made a joke about nudity to his fifth-grade students, the district called into action a newly formed squad of investigators to get to the bottom of it.

Internally dubbed the “tiger team,” the unit was created last year in the wake of repeated sex abuse scandals that had long plagued the nation’s second-largest school district. These investigators were supposed to cut through the bureaucracy’s red tape and investigative backlog and quickly ferret out wrongdoing.

In Esquith, they had their highest-profile subject and their biggest test.

This week, based on the unit’s investigative efforts, the school board behind closed doors voted unanimously to fire Esquith.

On Thursday, Esquith attorney Mark Geragos criticized the inquiry into his client and slammed the unit as “an investigative hit squad” that was determined to find wrongdoing by probing, if necessary, into every aspect of an employee’s life.

District officials defended the work of its investigators, saying they’ve brought professionalism and a faster resolution to complex cases, which is better for teachers and for students. They said that nearly half of the employees investigated by the unit returned to their jobs.

The team includes seven full-time investigators, a supervisor and two forensic specialists. Among them are former L.A. Police Department detectives and a former investigator with the L.A. County Sheriff’s Department. Three former administrators review their work, and the unit is headed by Jose Cantu, who’s been with the district for more than 30 years, including 14 as a principal.

Also participating in the Esquith investigation is an outside law firm, a practice the district has reserved for especially sensitive cases.

Esquith qualified for special handling because he is one of the most famous and honored teachers in America, the subject of articles, a documentary and White House accolades. He’s renowned for coaxing stirring performances of Shakespeare from Latino and Asian students who live in the working-class neighborhood around Hobart Avenue Elementary School.

In denouncing the unit, Esquith’s attorneys pointed to how the investigation started: with a review of a joke about nudity that Esquith made to his fifth-graders in March. Several weeks later, officials pulled Esquith from his classroom, and he never returned.
The evidence gathered in the case is confidential, but district officials outlined allegations in an August letter to Esquith’s attorneys. According to the letter, investigators were looking into accusations that Esquith improperly touched minors before and during his decades- long teaching career, that his school computer contained images and video “of a sexual nature,” that he exchanged inappropriate emails with students, that he threatened a parent and two students, and that he mishandled a nonprofit through which he funded field trips and other benefits for students.

Esquith’s attorneys said they were astounded at how a routine review of a harmless joke ballooned into a sweeping inquiry.

The district has acknowledged that the unit, formally called the Student Safety Investigation Team, decided to examine the nonprofit without specific complaints against it. Officials also insisted that serious allegations emerged that could not be ignored, and that Esquith was not removed from class because of the joke.

[end]

The “tiger team”? Mislabeled. Should be called “Witch Hunters Are Us!”

I urge viewers of this blog to read the entire article. Note that among other things: 1), other pieces detailing teachers/adults that engaged in sex abuse of students/children appear on the same days as some of the Rafe Esquith pieces, creating a “guilt by association” atmosphere and a feeling that there’s a whole lot of horrible teacher misconduct going on; 2), the emphasis is on protecting the adults [lead by John Deasy, prominent rheephormster!] that screwed up on the Miramonte School sex scandal, all under the guise of protecting students and that will cost the district upwards of $200 million; and 3), a faint mention in the LATIMES of the current students of Mr. Esquith and their parents being either kept in the dark about about is happening with him and/or being pushed to say damaging things about him.

Put this together with the Broad drive to charterize LAUSD (along with other initiatives) and you see how corporate education reform works in many ways to achieve its goal to displace, replace and eliminate public schools and public school staffs.

I repeat: I do not have all the facts at my disposal. But at the moment, this whole sad and sorry spectacle stinks to high heaven.

Just my dos centavitos worth…

😡

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- SomeDAM Poet says:
  
  October 16, 2015 at 2:01 pm
  
  “investigators were looking into accusations that Esquith improperly touched minors before and during his decades- long teaching career,
  [patted them on the back and hugged them after Shakespeare performances]
  
  that his school computer contained images and video “of a sexual nature,”
  [from the Franco Zeffirelli film “Romeo and Juliet”]
  
  that he exchanged inappropriate emails with students
  
  [I would I were thy bird.
  
  Sweet, so would I.
  Yet I should kill thee with much cherishing.
  Good night, good night! Parting is such sweet sorrow
  That I shall say good night till it be morrow.],
  
  that he threatened a parent and two students
  [“If you don’t memorize the lines, you will not be in the play.],
  
  and that he mishandled a nonprofit through which he funded field trips and other benefits for students.”
  
  [failed to pay himself a six figure salary like David Coleman and instead put all the money toward sets and costumes]
  
  ///////
  Sure grounds for firing. No question about it.
  
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- Ellen Lubic says:
  
  October 16, 2015 at 2:50 pm
  
  ‘Not at all Kraz’y colleague…you set up the sequence of events correctly and I thank you once again for your insights into how LAUSD is run in our community.
  
  I do want to add that the archives of the LATImes and the Ravitch blog tell a different story on this ‘hit squad’ of retired police hired by LAUSD and the BoE, who investigated this case by actually going to the Hobart classroom and dragging 5th grade children out of class to interrogate them, without informing their parents as to this invasion of their privacy. This is borderline illegal (since there are rules about how young children may be questioned) behavior, when ALWAYS the parents must be notified, should be reported by the LA Times and other media. So this opens the district to many more lawsuits to paid for by the taxpayers.
  
  Who can control these elected BoE members? Surely they pay no heed to their electors, nor their constituents.
  
  When is the BoE going to expose and take away the pay of the interim Superintendent Cortines whom they keep lauding? He is once again being sued by a man he is charged with sexually harassing and then firing in retaliation.
  
  Is this not as egregious as some of the proven trumped up charges he has made against teachers, who then lose all their benefits? As Supt. he imposed the original teacher jailing.
  
  Why should Cortines not be investigated and reported on as closely as the teachers he has jailed? Why should he leave the district a millionaire while many teachers end up suicidal and poverty stricken?
  
  Why should taxpayers have to shell out for his sexual misadventures?
  
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  - Ellen Lubic says:
    
    October 16, 2015 at 2:52 pm
    
    addendum…suggest readers google “Cortines, charges in lawsuit pressed for sexual harassment and retaliatory firing”…the 14 charges are too graphic to print here.
    
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Susan Lee Schwartz says:

October 16, 2015 at 3:46 pm

Please understand as you relatively new-to-the-game teachers, that this abuse that took Mr Esquith out, has been ongoing for 20 years.

The war on teachers began with this PROCESS which was used to ‘take-out’ tenured teachers whose work was so successful, that it would be impossible to ‘evaluate them’ out of the system without charges of criminal behavior.

In my case, as I was a celebrated educator in NYC, resume at my author’s page:
http://www.opednews.com/author/author40790.html

The war on teachers continues in NYC and across the nation as the media refuses to give the public THE TRUTH AS TO WHY THE SCHOOS FAILED. and to uncover the CONSPIRACY to SILENCE THE VOICE of TEACHERS and END THEIR AUTONOMY (and their benefits) . Only then could the common core crap be foisted on our children.

Below,

http://www.perdaily.com/2011/01/lausd-et-al-a-national-scandal-of-enormous-proportions-by-susan-lee-schwartz-part-1.html is the original essay I wrote and put on my first blog, Speaking As A Teachers (which went down when Apple took down iweb.) I had no idea even then that this would be DEATH KNELL OF MY PROFESSION, and that it was the FIRST ASSAULT on the iNSTITUTION of public education, to be followed by NCLB, VAM and the CCC — the alphabet soup that poisoned our schools.

Perdaily introduces the piece:
“What follows is ex-NYC school teacher Susan Lee Schwartz’s article on just how pervasive the corruption is throughout the United States in a public education system where you have “NO CONSTITUTIONAL RIGHTS.” Get in touch if you would like to be involved with a national alternative movement for Alternative Public Education Restructuring and the non-mainstream media campaign we are in the process of putting together to make people around this country aware of their silenced majority status in this fight for the reconstitution of quality public education for all.”

A CONSTITUTIONAL SCANDAL,
by Susan Lee Schwartz;
Educator of Excellence 1998; The New York State Council of English Teachers [NYSEC] and Who’s Who Among America’s Teachers (’94,’98, 2000).

“Teachers are the targets, as education is now a business, and the reward is not the education of the kids, but the profits gained by ‘cleansing’ the system of tenured teachers, and preventing new teachers from gaining tenure. The bottom line in not enriching the schools so learning can occur, but the enrichment of the administration at the top, and the profits of businesses which thrive on the failure of the public education system.

“THROWN INTO DETENTION CENTERS, WITH NO RIGHTS TO DEFEND THEMSELVES OR TO HEAR THE CHARGES AGAINST THEM, OUR DEDICATED TEACHERS HAVE LOST ALL CONNECTION TO THE CONSTITUTION, AND ARE BEING HOUNDED OUT OF THE SYSTEM BY THE THOUSANDS in a manner that should embarrass every American citizen. (NEW YORK CITY RUBBER ROOMS: THE LEGALITY OF TEMPORARY REASSIGNMENT
CENTERS IN THE CONTEXT OF TENURED TEACHERS’ DUE PROCESS RIGHTS By Bree Williams)

“How is it done? It is all about accountability. You see, these people have broken the law for so long, they have come to believe THAT THEY ARE THE LAW!

“We have seen what happened to the banks when no one was examining their actions. The failure of the banks was visible and drew the attention of the media and the public. The reasons for the failure of the schools is HIDDEN, and there are no journalists or legislative investigations to uncover the truth.

“Thus, across the country, a corrupt bureaucratic system has put into in place a procedure that circumvents the union contract, education regulations and basic civil rights laws, in order to remove any teacher. This process is the total abrogation of the civil rights of Americans… who just happen to be teachers!

“This “process” has so infiltrated our school systems, that now our teachers’ careers, reputations, health care and financial security are destroyed and there is ABSOLUTELY NO RECOURSE TO THE LAW! Teachers have difficulty finding lawyers to represent them, because few lawyers have the deep pockets to litigate against an entity whose deep pockets are filled by your tax dollars. Litigation, in any case is a financial nightmare. Moreover, the judicial system is stacked against the teachers, as judges routinely rule in favor of the administrations. Teachers lose.

“It is simple to grasp!
The union is the legal representative of teachers, and they fail miserably to represent them, at the beginning. Grievance procedures are a sham. By looking the other way when teachers are accused of incompetence or heinous and even criminal behavior, the union has withdrawn the oversight that keeps principals and superintendent from breaking the law. The reasons for this are many, but this essay is not the place to explore the motives of union bureaucrats, who themselves will never go back into a classroom or be subjected to what any teacher faces for standing up to corruption.

“The inescapable irony of this is the perception of the public, thanks to propaganda put forth by the media, that it is the UNIONS that protect those bad teachers. NOTHING IS FARTHER FROM THE TRUTH.

“In the process of removal, to break tenure, wonderful teachers are humiliated in ways that are reminiscent of slavery. (See David Pakter’s story and valiant fight in Federal court, to expose the truth, It should have been front page news!
http://nycrubberroomreporter.blogspot.com/2008/12/david-pakter-nyc-teacher-and.html
AND
http://www.parentadvocates.org/nicecontent/dsp_printable.cfm?articleID=7501
AND
http://www.susanohanian.org/show_atrocities.php?id=9275
And
http://normsnotes2.blogspot.com/2010/07/defamation-of-david-pakter-by-new-york.html

• ” TEACHERS WHO SPEAK OUT ABOUT UNSOUND EDUCATIONAL PRACTICE, the ‘whistle-blowers,’ are the first to be singled out. Their voice cannot be tolerated.

• “Senior teachers, with strong voices on the subject of GENUINE LEARNING, AUTHENTIC CURRICULA and real PEDAGOGY, are next to be targeted, particularly if they are higher on the salary scale.

• ” They are followed by any teacher that is disliked by some petty, failed human being with a personal grudge or agenda, often with poor or no classroom experience, but given power to ‘supervise’ teachers.

“The personal agendas of administrators and publishers replace curricula; thus talented teachers find themselves on a one-way journey OUT of their practice.

“In NYC, there is a long delay in the putting out of charge. This civil right for speedy justice is guaranteed by the constitution! But, with no oversight by the union which should demand immediate investigations and genuine grievance procedures, teachers are removed from their practice immediately and sent to the District Office (i.e ‘rubber room.” go to: http://www.doubletongued.org/index.php/dictionary/rubber_room/

“Not a single journalist or reporter explored how such literal incarceration was effecting the emotional lives of dedicated professionals who had devoted their lives to a noble profession.

“When the public began to notice that there were teachers being paid FOR YEARS, to do nothing, a cry went up, and NYC supposedly ‘disbanded’ the rubber rooms. Now, In a typical maneuver, the cynical bureaucrats in NYC hide these ‘disappeared’ teachers, in school offices throughout the city. Awaiting their ‘hearings” (those sham kangaroo courts) these teachers are stapling papers and doing menial office tasks… and the DOE in NYC thinks NO ONE WILL NOTICE THESE SHENANIGANS. I noticed. So should YOU!
Go to:http://www.wnyc.org/articles/wnyc-news/2010/sep/22/some-rubber-room-teachers-say-theyre-still-waiting/

“The media makes no effort to expose this practice. There are NO investigative journalists looking into the civil rights abuse of teachers. NO ethnic minority could be treated like this without intense media coverage!

“Those ‘business managers’ at the top — principals and superintendents who call themselves “educators” — in an astonishing number of systems have as their HIGHEST PRIORITY TO MAINTAIN THEIR POSITION, and to ensure that THE CASH-COW continues to be THEIR PERSONAL BANK ACCOUNT.

They are given tacit permission by a system that fails to protect teachers, and immunizes them from lawsuits. With no impediment and no accountability, they stoop to tactics that are so egregious that people find it hard to believe. ”

That was written over a decade ago, and today October 16 2015, here at the Ravitch blog I shout; NOT ANY MORE! IT IS “ANOTHER INCONVENIENT TRUTH” and it is about time it ended and teachers were given their civil rights in the workplace!

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LeftCoastTeacher says:

October 16, 2015 at 7:36 pm

This is truly horrendous. I cannot fathom former teachers on the board voting to terminate. Let’s not be distracted from keeping the heat on Eli Broad, though!

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m4potw says:

October 16, 2015 at 9:56 pm

To whom it may concern:

I hope that some educators in this forum will know the contact info from a female New York teacher whose husband is lawyer and defends her case (Susan or Sarah?).

Please pass the contact info to teacher Rafe Esquith if it is possible. Reason? for second opinion on “”being as whistle-blower in the class action suit””

IMHO, teacher Rafe Esquith is completely innocent to be trapped in a malicious set-up from LAUSD’s supt Cortine and its BoE presided under Steve Zimmerman who may be under influence of drug = money or sex scandal pressure.

Please DO NOT easily trust or believe in verbal explanation. Everything sounds bad, it is truly implicated. Therefore, teacher Rafe Esquith should and must obtain a written explanation so that there is NO MISUNDERSTANDING or regret later on. Respectfully yours, May.

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