GLENDALE UNIFIED SCHOOL DISTRICT "Preparing nur for rlloli- 223 Jackson California 97206-4380 ICF Ul' ASSISTANT Telephone: swan-MILE". l25')' l-ax men 3107 HUMAN RESOURCES ill, ol . Malcll 22, 2019 PERSONAL AND CONFID TIAL HAND DFI IVERFD Re' Illvestlgalhe Findings Dear Mr. Auelgoni. As you know, me Disll'l nu iuyesligouou iulo ||lc Noyeiuber IG, 2mg allegations Ihal you took pictures/videos offcmalc students My lludiugs BIC as follows. SUMMARY OF COMPLAINT On November I6, 2018, it was reporled by seveml female you had laken and videos on your personal cell phone omie backside offelnalc slusleius while doing lesIHlps iu Pl: class also leponed that during snack on Illis you held your cell phone close lo your the camera application open while they were waiting in [he eol'eleria line reported you were laking pIcIIll'es/Videos of female lo INVESTIGATION PROCEDURES lu omei Io if you had sesuul llolosslueui. \iolalerl [maid policy/admillisllalive regulations, or otherwise had Iakcll action Illa! evidences In (such, the DlsIl'lcl conducted a thorough factual and legal illvesligatioll and review issues alleged [he complaiul The iovesligaliou included of documents and collaclcd flom (he school. review of lnalclizl slorcd all personal cell phone. review or dIslI'iclvissued lalpmp/desklup owsne interviews, and |Ile assessment ofinIelviewed wilnesses. 'rlle veracin orlue claims alleged oml suppol-uug facts discovered lu llus iuvesugnuou wele uualyzed according Io me "preponderance onlle evidence" slandald FACTUAL FINDINGS The preponderance or ||lc evidence eupooi-ls lilullng ullile you worked in me copoeiiy of PE teacher Clark Maguel you look ulelurcs and videos or female You ilk over lhe period ol' Augusl ZOIOVNOVCIHIJEI 20 I8 Theo: uclc "hill: 0" whom as c\ by plmlos of students roulul on you. personal cell plloue (plumes of female :mdems' and buttocks, picIllrc of two female against a wheel waH A review of cameras confirms you held your cell phone close In your cuesl will] [lie cmueln upcll, facing female students, while they waited in the cafeteria line. Additionally, you admitted to the Assistant Superintendent, HR that you had a history of taking pictures/videos of female students. You further shared this behavior goes back to 2016. These images were captured unbeknownst to students and without their permission. During student interviews, students shared your behavior was known among students and students commented this made them feel extremely uncomfortable. APPLICABLE LAWS, POLICIES AND STANDARDS, CONCLUSION AND DISPOSITION Education Code section 200 and District Board Policies 5145.7 and 4119.11 prohibit sexual harassment of any student. Education Code section 212.5 defines unlawful sexual harassment as follows: ?Sexual harassment? means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions: Submission to the conduct is explicitly or implicitly made a term or a condition of an individual's employment, academic status, or progress. Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual. The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment. Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. District Administrative Regulation 5145.7 defines sexual harassment as: Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances, unwanted requests for sexual favors, or other unwanted verbal, visual, or physical conduct of a sexual nature made against another person of the same or opposite sex in the educational setting, under any of the following conditions: (Education Code 212.4; 5 CCR 4916) 1. Submission to the conduct is explicitly or implicitly made a term or condition of a student?s academic status or progress. 2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student. 3. The conduct has the purpose or effect of having a negative impact on the student?s academic performance, or of creating an intimidating, hostile, or offensive educational environment. District Board Policy 41 19.1 1 states in pertinent part: 2. Sexual or Inappropriate Social Conduct by Employees Toward Students It is the policy of the District that employees shall not engage in sexual or inappropriate social conduct toward students, including those who are adults by age. ?Sexual or inappropriate social conduct? includes, but is not limited to, dating, inappropriate sexual comments or innuendo, inappropriate physical contact and display or circulation of inappropriate visual or audio material. In the employee?student context, all such employee conduct is prohibited even if student initiated or consensual. Such conduct may also violate various federal and state statutes, and may require reporting to local child protective agencies under applicable child abuse statutes. Nothing in this policy shall prohibit employees from implementing the District?s curriculum in the area of sex education. For further definition and examples of sexual harassment conduct prohibited by this Policy refer to Administrative Regulation 5145.7 District Administrative Regulation 4119.21, 4219.2i, 4319.21, Code of Ethics states Guiding Principles: A. Commitment to the Student District personnel work to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals; serve as a model of ethical standards, continually reflecting on our actions as educators regarding ethical issues and how they apply to our district, school, classroom, curriculum and our profession; and strive through fair and just treatment to help each student achieve and succeed by fulfillment of the following obligations to students(s). 4. Make every effort to protect the student form conditions harmful to learning or to health and safety. 5. Protect the student from embarrassment and disparagement. 7. Guard diligently against unfair treatment of any student on the basis of actual or perceived race, religious creed, color, gender, gender identity, gender expression, sex, sexual orientation. . . .. 8. Use professional relationships with students only for student benefit and not in any way for private advantage. C. Commitment to the Profession District personnel believe the quality of the services provided in the education profession directly influences the nation and its citizens. Therefore, every effort is expected to be exerted to raise professional standards, improve service, promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions which attract persons worthy of trust to careers in education by fulfillment of the following obligations to the profession: l. Act and speak at ali times in a manner which exemplifies personal integrity, dignity, and mutual respect. 4. Regard the employment agreement as a pledge to adhere to both the letter and the spirit of the contract and the law. 6. Pursue appropriate measures to align laws, policies and regulations with sound educational goals. 8. Use time granted for the purpose for which it is intended. 1 1. Adhere to established professional standards. Based on the above findings and the preponderance of the evidence, the District has determined your conduct was deliberate and sexually harassing that was not welcomed by the female students and had the effect of creating an intimidating, hostile, or offensive educational environment. Moreover, your conduct violated the above referenced Code of Ethics, constituted unprofessional conduct, and evidences your un?tness to teach. Your behavior has not placed you in good standing as an employee of the Glendale Unified School District. In the absence of your resignation form and early retirement effective May 31, 2019 that was accepted by me and approved by the Board of Education on March 12, 2019, the District would have pursued dismissal and termination of your employment. In view of these findings, you will remain on administrative leave until the effective date of your resignation/retirement. My prior directives to you concerning your actions while on administrative leave shall continue to apply. Please note, the District is required by California Code of Regulation (CCR) section 80303 and Education Code section 44030.5, to report allegations of misconduct to the Commission on Teacher Credentialing. A copy of this letter will be placed in your District personnel file. If you wish to prepare a written response to this letter and its enclosures, you may do so within ten (10) working days, and it will be attached to this letter. RETALIATION ADMONITIONS The District does not tolerate retaliation against participants in a complaint process or investigation and reminds you not to retaliate against or bully other parties or witnesses that were interviewed in this investigation. Sincerely, Dr. M. Foley Assistant Superintendent, Human Resources/Director of Classified Personnel cc: Personnel file