MULLICA TOWNSHIP — The kindergarten teacher up on tenure charges after reporting that two 5-year-olds emerged from a classroom bathroom and said they had engaged in sex play, will not lose her job and is entitled to almost four months of back pay lost to unpaid suspension.
Arbitrator
Daniel F. Brent, appointed by the state Department of Education,
refused to sustain the tenure charges brought by Superintendent Brenda
Harring-Marro and the Board of Education against the 16-year veteran
teacher Kelly Mascio, of Mullica Township.
He did find, however, that she was culpable for failure to supervise students and issued a 10-day suspension as punishment.
“Ms. Mascio is very grateful
the arbitrator determined she should be reinstated,” said Mascio’s
attorney Michael Damm, of Selikoff & Cohen in Mount Laurel,
Burlington County. “I think (she) is certainly looking for — maybe not a
friendly attitude (from the administration) — but a mutual ‘Let’s move
forward’ type of attitude, for the kids’ sake. We’re all hoping that’s
what will happen.”
Superintendent
Harring-Marro released a one-line statement: “The Board of Education is
in receipt of Arbitrator Brent’s Decision and will implement it in
accordance with the law,” she wrote in an email.
Brent’s decision outlined what happened in class Sept. 30, 2013:
Mascio,
who had long taught second grade and was in her third week of teaching
kindergarten, was showing an educational video to 12 students who had
returned from standardized testing. She did not notice that a girl
student had entered the classroom bathroom while a boy student was still
there. She noticed flickering lights a few minutes later and another
student told her two students were in the bathroom.
She
told the two in the bathroom to come out, and when they did the boy’s
shirt was on backwards. She asked what they were doing and the boy said,
“Her asked me to have sex with her,” then the girl said, “No, he asked
me to have some with him.”
Mascio immediately told the school psychologist, who interviewed the students and concluded “they had engaged in some visual, and perhaps physical, examination of each other’s private parts,” the decision said.
Mascio immediately told the school psychologist, who interviewed the students and concluded “they had engaged in some visual, and perhaps physical, examination of each other’s private parts,” the decision said.
“A
momentary lapse in accounting for twelve children in her care,
resulting in her failure to notice that the bathroom door had opened to
permit a female student to enter the bathroom while the male student was
in the bathroom, does not rise to the level of misconduct necessary to
justify a charge of conduct unbecoming of a teacher or support a charge
of professional misconduct,” Brent wrote.
“However, Respondent is culpable for her five-minute failure to provide adequate oversight,” he continued.
He
found no evidence of anything but a lapse in attention. Her phone and
social media records, for example, show she was not using a cellphone or
personal computer when the incident happened.
“Respondent did not abandon her students, place personal business above her teaching responsibilities, or exercise poor professional judgment by making a bad decision,” Brent wrote.
“Respondent did not abandon her students, place personal business above her teaching responsibilities, or exercise poor professional judgment by making a bad decision,” Brent wrote.
Brent
directed that Mascio be immediately reinstated to her former position,
with uninterrupted seniority and full back pay, medical insurance, and
other fringe benefits, from the start of her unpaid suspension until her
reinstatment, minus 10 days.
Mascio
was suspended with pay immediately after the incident by Harring-Marro,
and has been on unpaid suspension since late February, when the school
board voted to certify tenure charges.
The
arbitrator’s decision includes findings from a Dec. 3, 2013, report by
the Institutional Abuse Investigation Unit of the state Division of
Youth and Family Services (now Child Protection and Permanency), which
conducted an investigation. The report found no harm to either student,
and no evidence of neglect or inadequate supervision by adults in the
situation.
Based on the information gathered and physical observations of the children, (male) and (female) are not neglected children as defined by statute,” the DYFS report said, as quoted by Brent. In a section on remedial action, the DYFS report said, “Corrective action is not required. Your organization has the responsibility to make an independent judgment as to whether to accept IAIUs findings and investigations ...”
Based on the information gathered and physical observations of the children, (male) and (female) are not neglected children as defined by statute,” the DYFS report said, as quoted by Brent. In a section on remedial action, the DYFS report said, “Corrective action is not required. Your organization has the responsibility to make an independent judgment as to whether to accept IAIUs findings and investigations ...”
The
district then conducted its own investigation after getting the DYFS
report, Harring-Marro recommended tenure charges be brought and the
board voted to certify the charges Feb. 26.
“We
do believe, as we have all along, that the administration’s handling of
this case was appallingly egregious, and it is unfortunate that the
taxpayers of Mullica Township will have to pay hefty legal fees due to
the complete mishandling of this situation,” said Mullica Township
Education Association President Barbara Rheault.
Brent placed some of the
blame on school district personnel who filed an incorrect police report,
which stated the children were naked when found, and their failure to
correct it later.
He also faulted the police for mistakenly releasing a copy of the report with the children’s names on it.
He also faulted the police for mistakenly releasing a copy of the report with the children’s names on it.
However, this newspaper never published the children’s names.
“Dissemination
of this information, and the ensuing public controversy, did more harm
to the district and its reputation than did the time spent in the
bathroom by the two children,” Brent wrote.
Supporters were celebrating Monday.
”I’m
ecstatic for Kelly,” said friend Jaime Cirillo, of Mullica Township,
whose daughter had Mascio as her second-grade teacher about five years
ago. “The arbitrator listened with fair, clear ears and mind and was
able to see Kelly for what she is worth. All we have been asking for
from the beginning was that Kelly be put back into the classroom where
she belonged, and he did it.”
Cirillo said the tenure charge process has been a strain on everyone.
“It’s been a humongous waste of time and money,” she said.
Board of Education attorney Will Donio, of Cooper Levenson in Atlantic City, did not return calls for comment.
Teachers, parents and other
supporters started a campaign in support of Mascio early this year,
attending school board meetings to speak in her favor and holding
fundraisers to help her pay her bills. Bright yellow “We Support Kelly”
yard signs cropped up all over the township, and in surrounding
communities.
About
93 percent of about 100 teachers in the district voted no-confidence in
Harring-Marro in March. In April, a group of teachers and parents
delivered a petition to the Board of Education, with about 720 township
residents’ signatures, asking that Mascio be reinstated and
Harring-Marro’s contract not be renewed. Later, some signers said they
thought they were only signing a petition in support of Mascio.
At
the April 25 school board meeting, members of the board spoke publicly
in favor of Harring-Marro’s leadership, making it clear they would not
try to sever Harring-Marro’s employment with the district.
Mayor Jim Brown had encouraged reinstatement of the teacher in February.
“It
should have been that way from the beginning. She could have gotten a
week’s suspension and this thing would have been over,” Brown said. “It
would have saved a lot of money. Most of the people in the township will
be thrilled with this decision.”
http://www.pressofatlanticcity.com/education/mullica-kindergarten-teacher-suspended-in-sexual-play-case-can-keep/article_a9e8191c-fb07-11e3-8415-0019bb2963f4.html
http://www.pressofatlanticcity.com/education/mullica-kindergarten-teacher-suspended-in-sexual-play-case-can-keep/article_a9e8191c-fb07-11e3-8415-0019bb2963f4.html
14 comments:
Is this when the law suits begin?
I'm not from Mullica,so my dollars are not affected. This woman had her face plastered across the world because of a sensationalized,false report put out by your school administrators. She has lived under stress,fear and tension for ten months because of the harsh tenure charges brought by the Superintendent and signed by the Board.
I really hope she does sue the district and if possible, all the people involved personally. I definitely would.
Arbiter called him Michael Mazzoni, so the Principal gave an alias?
11:19, Just another mistake the Arbitrator made.
Anonymous 10:14. Very well put and I couldn't agree more. I do live here and you are right about all of it. It's true- and I personally hope she does sue
9:40 AM
Oh, the other mistake the arbitrator made was that there were 14 kids in the class at the time, not 12. There should have been an aid present for 10. Why was Kelly's aid pulled to supervise another class by the Administration? Isn't that against state law?
Since the Superintendent knew there would be testing and her office calls in Substitues, why didn't they have Sub Aides to ferry the children to and from testing so the K aides could stay to help their teachers.
They also glossed over that these children did this in P
K and they did not inform Kelly or separate the children
Mazzoni needs to go
Very poor leadership people in place at the Mullica School. Too many administrators and principals are way too young, inexperienced and not ready to assume the roles that hired by the Board of Education to perform.
Too many rules and laws that are impossible to deal with within many of our school districts. Studenta and parents are shortchanged. Lawyers, Administrators and principals are pocketing too much money in our local schools districts with very poor results.
to 7:25 pm, The arbitrator glossed over the previous episodes of the children in Pre K but he sure did include it in his report.
He also made sure all the District's verbal untrue accusations were put in,too.I think he was embarrassed about the handling of this case from start to finish.
Isn't it something that when this story first broke,every newspaper around jumped on it. The story even reached Europe and a TV show had a segment aired.
Now that the truth is out,not even our local NBC40 picked up the reinstatement story.
Having read the arbitrators decision, I am left with the impression that Marro lied to the Board on many issues. One can assume that Marro told the Board that Kelly was on her cell phone and social media sites at the time, that students were milling around the bathroom and that the children were naked. All lies. All proven lies. I wonder if the Board now sees Marro for what she really is......because the Board has been made to look incompetent in light of the facts. I recall the Board cautioning the townspeople that "all of the facts will come out". Are the facts to which they were referring actually the proven lies documented by the arbitrator? This now appears to be nothing more than a personal witchhunt against Kelly. What sanctions or punishment will Mazzoni and Marro now face for their lies, misrepresentations, devious speculations? And add to that the dissemination of parents personal emails recently. What sanctions or punishments are coming Marro's way for that? I guess this is what you get when you hire a basic skills student to run your school district.
Kelly has a professional libel lawsuit to peruse against the BOE (us taxpayers) thanks to the Marro/Mazzoni sideshow who just go from mess to worse. They have done so many expensive mistakes. Neither deserves a contract and should be fired for cause
We have more actionable cause for their termination than they had for Kelly
They have done so many lousy things to their staff. Many have left because they know they can't fight the Superintendent. Mazzoni enjoys being a bully. Ask his former secretary, Maryann Wyld what he's like to work for. She left thanks to MM
They have release Part time employees Social Security numbers, parents emails, let students leave campus, and denigrated their staff. Ask why have so many employees left? It's not boomer retirement not if they leave before they can get a pension.
The BOE has done what Marro said despite her poor leadership. The previous poster said it well, these people are way too young and inexperienced to run a District. There are many incidents that MM was too inexpert to handle. He thinks his judgement is great and can't see when he makes dangerous mistakes.
Time to get rid of them both and get temp oar proven administrators back until new Administrators are found that CAN do the job
I read that in Feb they offered Dr BHM a 4 year contract, taking her close to her retirement and her pension. Did the BOE give her this or not? Recent posts say it hasn't been signed. Which is it? Can she be removed for cause with all these crisis of Administration creation.
She had her faced plastered all over the world because team Kelly put it there. Why of course it's the American Way to sue. People are bitching and moaning about the cost of the initial investigation let's all rally for Kelly to add the school's cost.
I am tired of hearing fire this one, fire that one. How about fire teachers that do not perform well...oh wait can't they are protected by tenure
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