Thursday, June 14, 2012

La Mesa-Mount Helix Patch investigates Rani Goyal resignation, $56,000 severance deal

The La Mesa-Mount Helix Patch investigation of the Rani Goyal resignation can be found at the bottom of this post. The whole brouhaha got me to thinking about a previous Helix High principal who unfairly came under attack. Here is that story:

HELIX DEFENDS ITS ACTIONS, DISPUTES REPORT RELEASED BY DISTRICT THAT CRITICIZED HELIX ADMINISTRATOR'S RESPONSE TO SEXUAL ABUSE, MISCONDUCT
East County Magazine
February 6, 2009

Did administrators at Helix Charter High School respond appropriately to four incidents of sexual abuse and misconduct involving teachers and students and has enough been done to prevent similar problems in the future? The Helix response criticizes ESI's investigator Robert Price as unqualified and lacking impartiality. A prior ESI investigation was used to revoke the charter of another charter school, the response notes.

According to Helix, Price received over 80 names of former Helix employees provided by the district. Amazingly, when the investigation into 80 separated employees from Helix did not produce the results sought by Mr. Price, the Helix response said, Mr. Price thereafter ground its conclusions in the comments of a small unspecified (and unknown) group of separated Helix employees not reported by the district. The report adds, "Clearly Mr. Price has discounted and omitted any positive comments about the Principal or Helix from his Report despite receiving many such statements." Multiple witnesses contracted by Price called Smith and complained that questions asked appeared to be aimed at finding fault; 2 witnesses told the Helix principal that "The investigator was clearly out to get you", the Helix response states.

The ESI report also fails to list corrective actions taken by Helix after the first incident, including meetings at which staff was encouraged to be vigilant in reporting possible educator sexual abuse/misconduct and told that the school would investigate any such reports and terminate employees for such conduct. Other steps included involvement of social workers, counselors, contacts to parents and more. Why is all of this material information absent from Mr. Price's report? The Helix document asks.

As for allegations that state reporting requirements were not met, Helix maintains that police were notified the same day that the Principal was made aware of the first reported case of sexual abuse/misconduct. The school's response did not encourage future sexual misconduct, Helix argues, because the other case in question was an incident that occurred earlier, but was not brought to the school's attention until after the first incident and the teacher was no longer employed at Helix. The school's reporting of two other incidents was not in question in the District report. Shinoff stood behind the report. "I don't think that is accurate at all", he said when asked about allegations by Helix of bias and omission of facts favorable to Smith. "Quite frankly, Helix from the very inception of the investigation took exception to our investigator talking to their staff." He added, "Absolutely he was never told by us or by the Superintendent or by anybody to come to any specific conclusion. I did not conduct the investigation; these are his findings...I feel quite confident that he was doing his very best for it to be a fair and balanced investigation."



See all Helix Charter High School posts.

Helix Leader Rani Goyal Got $56,000 Severance in Settlement Deal
“General release of all claims,” which included a gag order, leaves reasons for resignation unclear.
By Ken Stone
La Mesa-Mount Helix Patch
June 14, 2012

Rani Goyal was promised a $56,000 severance check from Helix Charter High School when she suddenly resigned May 25 under still mysterious circumstances.

As executive director of the La Mesa school, she was almost two years into a four-year contract paying $130,000 a year plus expenses, according to documents obtained by Patch.

A 1,500-word settlement agreement signed by Goyal and Helix charter board chairman Brian Kick stipulated that “Goyal intends and expressly agrees that [the setlement] shall be effective as a bar to each and every claim, demand and cause of action Goyal has against [Helix].” See attached PDF.

But neither Goyal nor Helix officials have commented on what possible legal actions preceded the agreement, and the deal includes a “No admission of fault” clause for both parties.

The settlement also includes a gag order, saying Helix and Goyal “agree that the events leading to this agreement shall be maintained in privacy and confidence.”

The agreement itself was made available to Patch in response to a California Public Records Act request, and in a separate letter, Kick said the school “is not required to produce documents protected by the attorney client privilege. … To the extent your request includes the above information, or any other information exempted by the Public Records Act, Helix Charter High School denies your request.”

...Goyal signed the three-page agreement May 23, and Kick on May 25. It is described as a “complete, final and binding settlement of all claims and potential claims, if any.”

She quit less than two weeks before graduation.

On May 31, Goyal was to receive full pay for that month, and within 10 days was to be paid “a gross severance amount equivalent to five months of salary in the amount of $56,418.60,” the deal said.

Her original employment contract (attached as a PDF) had a clause on early termination that said:

The board may unilaterally and without cause or advance notice terminate this agreement. In consideration of the board’s right to terminate this agreement without cause, the board shall pay to the executive director the remainder of her salary (based upon any remaining calendared work days) for the term of this agreement or for a period of four months following the effective date of termination, whichever is less.

...At least one theory on her resignation was posted on a San Diego education blog.

On June 1, an anonymous commenter wrote:

Politically powerful teachers doesn’t even begin to describe the Good ol' Boys club of Helix. There’s a specific group of teachers who enjoyed the power and privilege of being the former principal’s cronies and fail to adapt to change. They are blinded by their own hurt egos to see that Ms. Goyal was the best thing that happened to Helix in a long time. The staff at Helix has gone and ignored the students and the parents, and showed that the charter board will forget democracy in order to please the Good ol’ Boys.

The commenter concluded: “I’ll always be a fan of Helix, having been a student there through recent tough times. But I sincerely hope that the teachers that I love and respect pull their act together in the interest of the students.”

The settlement also stipulated that “both HCHS and Goyal agree that they will do nothing to disparage the other in any communications after the date of this agreement.”

It's not our fault, say Carlsbad Schools and Allen Stanford in separate cases

UPDATE: YES, IT IS YOUR FAULT, SAY JURORS TO SCHOOL DISTRICT.
 
Jurors Award Molestation Victims $4.5M
Molester Responsible For 60%, School District 40% Of Award
Channel 10 News
June 19, 2012

San Diego County jurors have awarded two girls $4.5 million because they were molested by their Carlsbad elementary school teacher. The North County Times says jurors also ruled unanimously Monday that the Carlsbad Unified School District was negligent for failing to supervise the teacher...

In his 2010 criminal trial, 41-year-old Raymond Firth pleaded guilty to two counts of sexual battery and one of false imprisonment. He spent 22 months in prison and was released in March. He did not attend the civil trial. He will be responsible for 60 percent of the award, the school district for 40 percent.

An attorney for the district says he doesn't know if they will appeal.



Nobody seems to be watching as predators cavort in our schools and in our financial system.

Let's start with our schools. Even if schools wanted to lay off the bad teachers and keep the good teachers, they couldn't do it. Principals rarely observe teachers. Principals tend to form political alliances with the teachers who control the most powerful cliques. Given the worthless evaluation system in place now, laying off by seniority makes just as much sense as having principals choose who gets laid off. We need observations of teachers--done by professional evaluators.

Then there's our financial system. The SEC wasn't even enforcing the rules that were already on the books when Bernie Madoff stole his fortune. We need more regulation, but what good will it do unless we have good watchdogs?

This morning we have stories of two defendants, Carlsbad Unified School District and Ponzi artist Allen Stanford, who both say it wasn't their fault that innocent victims were harmed.

It's not the school's fault, says Dan Shinoff. "So why is the school district here? The school district is here because it has deep pockets. This is about money," says school attorney [Dan] Shinoff. But I notice there is an ad for a local Lutheran school next to the story. Obviously, some people are drawing the conclusion that the school wasn't as vigilant as it should have been.


Closing Arguments Begin In Case Against School District
June 13, 2012
Channel 10 News
CARLSBAD, Calif.

Closing statements began Wednesday in a civil lawsuit against the Carlsbad Unified School District over a former teacher sent to prison for sexually abusing two students.

The parents of two girls are suing the district for an undisclosed amount in connection with the 2010 sexual battery conviction of 39-year-old Raymond Firth, a former teacher at Pacific Rim Elementary School. The parents say the district failed to protect their children from Firth, who was a teacher at the school for seven years.

Firth pleaded guilty in 2010 to molesting three little female students he was entrusted to teach. The 41-year-old was sentenced to 3-and-a-half years in prison but was released in March after serving just 22 months.

In court Wednesday, Firth was called a "monster" and a "master manipulator." The victims' attorney, David Ring, told jurors how the sexual abuse has devastated their lives.

"She has post-traumatic stress disorder from the molestation," Ring said of one of the girls.

Ring stressed how the psychological effects will haunt the girls, now teens, forever. "This is their one chance to come to court so the verdict you render is not just for now it's for the rest of their lives," Ring told the court.

Dan Shinoff, who represents the school district, reminded jurors it was Firth who sexually abused his students and the district should not be held liable for the ex-teacher's deviant behavior.

Shinoff said, "He is an animal, the worst of animals."

Shinoff also questioned why the victims' parents weren't going after the former teacher for compensatory damages.

"So why is the school district here? The school district is here because it has deep pockets. This is about money," said Shinoff.

Firth did have to testify, but he did so by video.

Closing arguments resume Thursday.



And who does Stanford blame for the damage to innocent victims? The prosecutors who charged him!

Stanford blames U.S. for destroying his business
U.S. urges 230 years prison for Allen Stanford
Jun 14, 2012
(Reuters)

Allen Stanford, facing sentencing for running a $7 billion Ponzi scheme, on Thursday blamed the U.S. government for ruining his business and said he never intended to defraud anyone.

"They destroyed it and turned it to nothing," Stanford said in federal court in Houston, where he was found fuilty last March of fraud and conspiracy. "Stanford was a real brick-and-mortar global financial empire."

Stanford spoke haltingly and appeared to struggle to control emotion at the sentencing hearing. Prosecutors have asked for a sentence of 230 years, arguing in court papers that Stanford's crime was "one of the most egregious frauds in history." His attorneys have asked for a sentence of about 3 years, or the same amount of time Stanford has been in federal custody.

Wednesday, June 13, 2012

Politics makes strange bedfellows: Scott Peters is sharing the office of Stutz Artiano Shinoff & Holtz

Click on image to enlarge.

The other day I happened across the information that former San Diego City Councilman and current candidate for Brian Bilbray's seat in Congress (50th District) has an office in the upstairs suite of Stutz Artiano Shinoff & Holtz in Liberty Station.

I'm trying to figure out how Scott Peters got together with Stutz law firm. Is it possible that there were no offices available among more moderate law firms? Or is Peters a personal friend of someone in the office?

Stutz has proudly presented itself as a "conservative" firm since the days it was Stutz Gallagher Artiano Shinoff & Holtz--an era which ended abruptly in 2004 when Robert Gallagher decided he'd rather work for Higgs, Fletcher and Mack than stay in the firm he founded.

In 1997 Mr. Shinoff proclaimed his political leanings in a letter (see image) offering legal services to Grossmont Unified High School District. Bizarrely, even Grossmont board member Priscilla Schreiber, the noted homophobe, managed to find herself on the outside when board member Ron Nehring (yes, that Ron Nehring), and then Superintendent Terry Ryan, took the district to the farthest reaches of right-wing politics. Board member Schreiber actually hired her own lawyers, Currier and Hudson, while Ryan was represented by Stutz law firm.

I know Scott Peters is not the most progressive Democrat, but I don't see him as the Ron Nehring/Terry Ryan type. So how did Dan Shinoff and Scott Peters manage to become office mates?