Tuesday, October 14, 2008

Maura Larkins finally provides us with a summary of her case against CVESD

Here's a summary written by Maura Larkins about her case against Chula Vista Elementary School District:

Here's a summary of what happened in my case:

Many people have told me that my case is so complicated that they simply don't understand it. They have asked for a summary, and here it is.

Maura Larkins v. CVESD was the result of an odd confluence of circumstances, and at the same time it was a typical event in the system that prevails at many schools across the United States. This system values politics and personal loyalty among adults over the duty to educate and protect children.

MY EX-SISTER-IN-LAW WANTED TO BE MANAGER OF MY FATHER'S APARTMENTS

I had been teaching at Chula Vista Elementary
School District
for 27 years when the problem began.
It started with a family problem: I was
co-administrator of my father's estate,
and one of my brothers was secretly
unhappy about it. He and his ex-wife decided
to use the police to remove me from my position.

MY TROUBLED EX-SISTER-IN-LAW IS TAKEN SERIOUSLY BY THE DISTRICT

I was removed from my classroom
on February 12, 2001 due to a false police report
(see "A False Police Report" on this page)
made by my mentally-ill and substance-abusing
ex-sister-in-law. However, the district didn't
want to admit this, since using the
illegally-obtained police report
(no charges were filed against me)
was a misdemeanor.

THE DISTRICT DECIDES TO COVER-UP ITS MISTAKE

There is no chance that the district
would have been charged with a crime
for its silly little misdemeanor
(Labor Code section 432.7), but the district
decided it would rather spend $100,000s
of tax dollars to pay its lawyers to cover up the mistake
than to simply admit it made a mistake.

THE DISTRICT COMES UP WITH A STORY

The reason given by the district for my removal was that
two teachers had called assistant superintendent Richard Werlin
at home on a Saturday evening and said they believed
I might be about to kill them.
Oddly, the district
created NO DOCUMENT at this time to explain
the reason I was removed from my classroom,
nor did it investigate the alarming report.

THE DISTRICT CHANGES ITS STORY

Within a month, the district changed its story,
saying that only one teacher, Jo Ellen Hamilton,
had called Richard Werlin about me. Hamilton later
testified under oath that she had simply called
Werlin at his invitation to discuss a planned meeting.

THE FAX THAT CAUSED CVESD TO DO AN ABRUPT ABOUT-FACE

On April 3, 2001 I sent a
fax to the district. The next day I was abruptly
asked to return to work, and at the
same time the district belatedly
prepared a document to explain why
I had been removed from my classroom
in the first place. The document
contained a new, completely false
accusation by Richard Werlin and
never mentioned the teacher reports.

I GO BACK TO WORK

I went back to teach in April 2001 because
it seemed clear that my accusers had
been deemed unreliable (either crazy
or dishonest or some combination of the two),
and I assumed that the fabricated excuse in
Richard Werlin's document , was merely
an effort by an embarrassed human resources director
to cover up his mistake.


But I was wrong. It was more than a cover-up;
it was, in fact, a set-up.

BIZARRE NEW ALLEGATIONS

A week after returning, Linda Watson, one of the
teachers
who had accused me earlier,
and a new accuser who made a written report,
came forward with bizarre allegations.

AN IMPENDING ELECTION CAUSED THE TEACHERS UNION TO ABANDON ITS OBLIGATIONS

I did not know it at the time, but the teachers
union, Chula Vista Educators, was
working with my accuser Linda Watson. CVE President
Gina Boyd had worked at my school until 1995, and
although she did not share the motivations
of her friends
at Castle Park Elementary,
she was running for reelection and felt she
needed to keep them happy in order to win.
This effort was supported by California Teachers
Association Board of Directors member Jim Groth.

Richard Werlin, with the approval of the cabinet
(including Libia Gil and Lowell Billings),
had triggered an all-out hysteria at my school.
Two staff members told me that many teachers were afraid
that I was "going to come to school and shoot everybody.”

DISTRICT DOESN'T BOTHER TO INVESTIGATE MASS MURDER RUMOR THAT CAUSES HYSTERIA AMONG TEACHERS

Without making any effort to
establish that a Columbine-type
event was not in the offing, the
district demanded that I come back
to work in September of 2001. This
time I refused.

My lawyer demanded an investigation
to clear my name and cool down the crucible
that Castle Park Elementary had become, but
the district refused. It was clear that anyone
could make any accusation against me, and it
would be believed and acted on: I was not
safe at work.

SCHOOL ATTORNEY MARK BRESEE GETS HELP FROM DANIEL SHINOFF

Attorney Mark Bresee, who was then working with
Parham & Rajcic and was recently chosen as chief counsel
for Terry Grier at SDUSD, had been giving legal advice
to CVESD up to this point.

When I filed a tort claim on October 4, 2001, attorney Diane Crosier and claims adjuster Rodger Hartnett of San Diego County Office of Education Joint Powers Authority, along with their favorite attorney, Daniel Shinoff of Stutz, Artiano Shinoff & Holtz, became involved.

THE DISTRICT RETALIATES WHEN I FILE GRIEVANCES

I filed 3 grievances on November 13, 2001. The very next day the
district threatened me with dismissal. This was a violation of
the Elementary Education Relations Act (EERA) and other laws.

The district took no action on its
threats, however, until I filed a
lawsuit on March 12, 2002. On May
7, 2002 Patrick Judd, Cheryl Cox,
Pamela Smith, Bertha Lopez and
Larry Cunningham voted to dismiss
me, thus violating California Labor
Code section 1102.5 which prohibits
retaliation against employees for
reporting wrongdoing. This was also
a violation of the constitutional right
to petition for redress of grievances.

THE OFFICE OF ADMINISTRATIVE HEARINGS SEEMS TO HAVE A GIFT FOR COMEDY

My dismissal was upheld by the
Office of Administrative Hearings.
Judge H. James Ahler conducted
a hearing that was almost as comical
as it was illegal. At one point
Judge Ahler jumped up and
ordered the panelists to join him in a
side room, where he told them to
disregard my testimony. I heard his
words because I was sitting on the
witness stand a few feet from him.
The court reporter and all the rest of us
sat at attention during the ten
minutes the panel was in the little
room, but the judge's words were
not included in the transcript
because the reporter couldn't hear
them.

The school district spent many tax
dollars, and the California Teachers
Association spent plenty of teachers'
dues, to get my lawsuit thrown out.
Perjury by employees was also
required, but the effort seemed to pay off
for the district and CTA when my lawsuit was
dismissed in 2005.

DISTRICT LAWYERS BRING THE CASE BACK TO COURT IN 2007

As fate would have it, however, my case
is back in court. CVESD’s law firm,
Stutz, Artiano, Shinoff & Holtz,
brought this case back to San Diego Superior Court
in 2007 by filing a defamation suit against me
for publishing this website.

So it’s still possible that justice and sanity
will find their way back to Chula Vista Elementary
School District.

by Maura Larkins

1 comment:

Elisa said...

Dear YMCA,

DASH & STRETCH - though you may keep the name, you are not keeping the staff that's been trained to do the job.

Let's be honest, to really KEEP DASH and STRETCH, the programs we all know and love, you would need to perserve their award winning curriculum, not change it, and take the entire staff too. No newcomers! Newbies do not have the training they need and they DO NOT have the time to acquire it in just a few months time. It is OUR children that are going to be directly affected by all of this. If you truly committed to "Saving" DASH and STRETCH, then let's get together and raise some money!

How can you say it will be the same when you don't even have the staff required to run what DASH and STRETCH were designed to do? I LOVE THE YMCA, but our school NEEDS both programs as they each serve VERY different needs. Planning and preparing is fine and great. Your wanting to expand to more sites, fantastic! Ask yourself this, are you able to provide a 'seamless transfer'...? No, it's just not possible with new staff, little time, and little training.

If the school board is so set on giving DASH and STRETCH to they 'Y', then here is my proposal. Help us raise $450,000 to pay what the city cannot afford. This will keep DASH and STRETCH running exactly the same WITHOUT interrupting our childrens progress. Then take that entire school year to staff yourselves and to properly train your staff. THAT is doing what is in the best interest of our children and it is very doable.

I have a strong group of parents who are willing to help!

Elisa Betancourt
Parents For Enrichment Programs
http://sites.google.com/site/parentsforenrichmentprograms

www.stretchdash.com