STATE SUPERINTENDENT OF SCHOOLS
WEST VIRGINIA DEPARTMENT OF EDUCATION
PROCEEDING AGAINST CERTIFICATION

WEST VIRGINIA DEPARTMENT OF EDUCATION,
Petitioner,
File No.: 2018-PP-04

PETER CHEESEBROUGH,

Respondent.
ORDER OF STATE SUPERINTENDENT OF SCHOOLS

Before me is the Recommended Decision of the West Virginia Commission for

Professional Teaching Standards, Professional Practice Panel (hereinafter "Panel") that

of Respondent Peter Cheesebrough's teaching and professional administrative certificates

be retroactively suspended for a period of 12 months beginning June 30, 2017 for
insubordination. The Recommended Decision was signed November 26, 2018 and

received by the State Superintendent on February 27, 20181.
Procedure and Evidence Presented

On June 27, 2018, a license revocation hearing was held at the WVDE, Room 700

before the Panel pursuant to West Virginia Code § 18A-3-6 and West Virginia Board of
Education Policy 1340: Rules OfProcedure ForAdministrative Hearings and Appeals, 126
CSR 4. Present for the West Virginia Department of Education was Sherri Goodman

Reveal and Mary Catherine Tuckwiller, Staff Attorney. The Respondent, Peter
Cheesebrough, was present in person without a representative.

1West Virginia Board of Education Policy 1340, Section 4.14 directs the State
Superintendent of Schools to issue an appropriate Order setting forth a decision

regarding discipline within 60 days of receipt of the Panel's written decision. The Order
shall either adopt the recommendations of the Hearing Officer or contain a factual or
legal basis for varying from the recommendations ofthe Hearing Officer. The Order
and the Hearing Officer's written decision shall be mailed to the parties.

 The WVDE sought revocation or suspension of Mr. Cheesebrough's teaching and
administrative certificates based upon his conduct with female Student -. a senior at
University High School while he sewed as Assistant Principal at University High School in
Monongalia County during the 2017 school year. The WVDE charged Mr. Cheesebrough
With immoral conduct and untruthfulness with a rational nexus to his administrator's
position by failing to maintain the professional boundary between educator and student by
texting with. flirting with her. kissing and hugging. meeting with her in his truck
parked in a darkened parking lot and lying to his principal and an assistant superintendent
when interviewed about rumors of a relationship between the two.

Robert Desantis, the Associate Superintendent of Monongalia Schools, testified
about his investigation of Mr. Cheesebrough . On February 22, 2017, Kim Greene,
Principal of University High School. informed Deputy Superintendent Donna Talerico that
there were rumors at school that Mr. Cheesebrough. the assistant principal. and a female
student. were having a sexual relationship. He and the other two administrators met
with Mr. Cheesebrough at 4:50 m. that same day. [Tr. 13-14, 20].

Mr, Cheesebrough told them that he only sawlin the hall between class changes
and occasionally said hello to her, He said he had never been with her in or out of school,
never touched her, nothing on cameras, no texting or phone calls. He had seen her in his
office over parking issues. He wondered if fellow UHS teacher Amy Janssen was behind
the rumors, Mr, Cheesebrough was warned to stay away from the students who would be
interviewed or face suspension. [Tr. 21-22; Ex. 

On February 23, 2017, Principal Greene interviewed two students who had reported
the rumor. They had no personal knowledge but heard that the student.-, had posted

something on Snap Chat about being in love with Mr. Cheesebrough . [Ex. 

Ms. Greene spoke with-'s mother about the rumor, Mslsaid that she had
questioned her daughter about Mr. Cheesebrough before because her daughter talked
about him so much-reported that he was professional and a very good principal. Ms.
Greene thought. might have a crush. 

Ms. Talerico also interviewed - on February 23, 2017. The student wrote that
Mr. Cheesbrough had been "nothing but professional caring towards me. He has offered
me support when I have anxiety and issues and has helped me reach my full potential as
a student but nothing more than that. Nothing weird, creepy, etc," [Ex 
posting anything on Snap Chat. She told Ms. Talerico that she had been able to talk with
him about her life, anxiety, issues and mentioned that she didn't have a great relationship
with her father. She felt supported because he had checked on her when she returned
from being hospitalized for an eating disorder the year before. [Ex. 

Mr. DeSantIs, Ms. Talerico and Ms. Greene met with Mr. Cheesbrough again on
February 24, 2017. Mr. DeSantis asked him very specific questions, and he answered no
to them: Texting/sexting; phone calls; emails; ever in your vehicle; ever in your house/apt;
ever ask her out, she has asked you out; given/loaned her any money; have you ever seen
her outside of school; and have you ever touched her/she touched you?

Mr Cheesbrough said, in response to whether he had purchased anything for-,
that he had paid for a $10 parking pass. When asked ifthere was any type 0! relationship
with-, he said "Administrator/student only." He also said he didn't know why this rumor
got started but thought that Amy Janssen could be responsible. because they had broken
up the day before,

Ms. Talerico summarized that there was no knowledge of any substance to the

rumorto report and that-had not made any accusation-had also heard the rumor.

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Ms Talenco thought-might have a crush on him. She Instructed him on how to
conduct himself in the future He should have someone with him if meeting with-, and
he should have no conversations about the investigation.

On February 28. 2017, Ms. Taierico learned that Reva Halloran got a text from Ms.
Janssen. In the email, Ms. Janssen said she quit her job at University High School
because Mr, Cheesebrough was having an affairwith-and thatteachers Hines, Panrell
and Wells all had knowledge of it,

Ms. Talericc spoke with John Hines on March 1, 2017. He said that he had no
direct knowledge of anything; he had only heard kids making comments about the two
talking so frequently. Ms. Panrell wrote a statement on March 1. 2017 that whenever
students asked her about Mr. Cheesebrough and I she would respond that some
students feel comfortable talking to certain adults When asked by co-workers what was
going on. she replied that she had only seen them talking and had heard the same rumors
as everyone else. [Ex 

On March 6, 2017, .and her parents met with Mr. DeSantis to discuss an
incident where-attended a boys' basketball game under the influence of alcohol on
March 3, 2017. However. they started the meeting with a discussion about Mr.
Cheesebrough. Ms 'had read .5 diary. and she had written that the two kissed.-
stated that it happened in a parking lot at her Dad's office around 10 pm. They met to talk
about everything--Ms. Janssen and that she was talking about. She had asked to meet
because they hadn't been able to talk about everything at school. They were in his vehicle
for about an hour

.also provided background to their relationship, The texted "here and there"

after she turned 18. Sometimes It would be about school or to tell each other that they

looked nice that day. He came to Ali Baba's where she worked. He would pick up food to
go and one time talked with her on her break. She described their communications as
"innocent flirting." They go along well together--buddy buddy.

Mr. DeSantis met with Mr. Cheesebrough on March 6. 2017 and handed him a letter
placing him on administrative leave with pay until he met with Superintendent Devono on
March 14, 2017. [Ex. At that meeting, Mr, Cheesebrough said that he had not had
relations with the girl but had made a colossal mistake by meeting with her, She had
kissed him.

Mr. Cheesebrough metwith Superintendent Devono, Mr, DeSantis, Donna Talerico,
Kim Greene and Jennifer Caradine tor a due process meeting on March 14, 2017. He
repeated that. had kissed him; not the other way around. He put himself in this
position and was deeply sorry He said that he had known-since she was in grade.
She was a troubled student. she took medication for anxiety. her parents were divorced
and her mother had an affair, She was bulemic for awhile. They had texted about 6 times.
but it was nothing inappropriate. He had seen her outside of school at Ali Baba's
restaurant where she worked and once gave her a ride to a friend's house after work.

There was a discussion at that meeting about his excellent evaluations as an
administrator. but that administrators are held to a higher standard of trust than teachers.
On March 15, 2017. Mr. Cheesebrough submitted his resignation as Assistant Principal
effective June 30. 2017 using a combination of sick leave and vacation days. He did not
return to University High School.

-testified by Skype. When she was a freshman, Mr. Cheesebrough showed
extreme favoritism, such as being able to pick what classes to take rather than following

the master schedule in order to have more classes with her friends at more convenient

times. [Tr. 63]. Mr. Cheesebrough said he always remembered the first time he saw her,
when she was a cheerleader. By her sophomore year, it was normal that she had perks
that no one else had.

By the time she was 16, she remembered thinking that Mr.

Cheesebrough had feelings for her. Although she was confused by this, she appreciated
the benefits. She could skip class because he was in charge of attendance. [Tr. 64-65].
When she turned 18 during her senior year, she went to his office and said "I feel

like you actually like me." He moved next to her, put his hand on her leg, kissed her hand
and gave me his phone number. They would text nonchalantly, although his first text read
that it was a good day because they had got out their feelings. [65-66]. He once gave her
a ride from work to a friend's house. They talked about how they couldn't let anybody

know that had happened. [Tr. 66-67]. They discussed Amy Janssen and how she told

people that they were in an inappropriate relationship. Ms. Janssen disliked her. Mr.
Cheesebrough lied to her about his not being together with Ms. Janssen. She would storm
the cafeteria if Mr. Cheesebrough and she were talking and basically make a scene.[Tr.
69-70].

She was called unexpectedly to the office by Ms. Greene and Ms. Boley to talk
about the rumors. She tried to cover for Mr. Cheesebrough, so she said she had some

"issues" to account for their many meetings and his waiting for her after every class. One
of the issues was her anxiety. She had anxiety but itwas manageable. [Tr. 71-72]. She lied
because she wanted to make sure he would be okay. The truth was that she called him

Pete, not Mr. Cheesebrough. He told her that he had never felt this way about a student

before. He called her names like "Babe," give her candy and make romantic gestures like
buying her parking pass. [Tr. 75].

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 AfterMr. Cheesebrough metwith the administrators on February 24,2017, a Friday,
he walked her out of the school because she was going to her college class. She was very

upset. Hethanked her for lying. He gave her his e-mail and said, "We can't text. We can't
do anything. If it goes through my phone, I'm screwed because Ihave your number." They
agreed to meet each other later that night. [Tr. 76].

They had an email exchange the evening of February 24. He expressed his
concern that she not mention him in social media because he had been warned, and his

job and possible imprison were on the line. She was angry about the implicit accusation
and expressed her uneasiness about not being able to talk about the situation with him.
She didn't know if she did the right thing by her statement to the principal. [Tr. 77-78].

They met by a restaurant called Tropics late in the evening. She got in his truck.
They talked some; he brought marijuana and they smoked some. He apologized for Ms.
Janssen putting her in the center of attention at school, and he vented to her about the
relationship and his life. He kissed her several times. He talked about one day skipping

school together and go up to Pittsburgh for the day. He asked if she thought we would
ever have sex, and she responded, "I don't know. You're really old." They talked about
what would happen after she graduated. [Tr. 80-81].
She asked him if he had ever touched a student before. He said he didn't need to

because if he thought a student was hot, he could go home and think about them when he
masturbates. He added that she was different and he didn't do that with her. [Tr. 81].

Theyagreed to act professional at schoolfollowing the meeting. This didn't last long
because her mother read her diary and brought it to school. She never saw him again.
When she met with Mr. Desantis and her parents on March 6, 2017, she still wanted to

make Mr. Cheesebrough look good. She felt guilty about writing things in her diary. But

 eventually her attitude changed--she felt that he had taken advantage of her. [Tr. 83-85]
She wouldn't want another vulnerable girl to go through this.

Mr. Cheesebrough testified that did not allow 0 cut classes at will. When her
absences got to a certain point. she got her three-day letters and her five--day letters like
everyone else. He never changed attendance records. He accommodated certain schedule
changes for her like he did for other students, (Tr. 114-15]. He denied waiting for her after
her class. He would stand in certain key high-traffic areas. He never changed anything
in her discipline record, He rarely dealt with disciplining her at all, especially in her senior
year, He testified. "In fact, as the rumors started flying. I did my best to distance myself
from her." He gave her his number only so that if she needed a ride home from a sketchy
situation. she could fire him a text and he would arrange for Dub Rides to pick her up."
[Tr. 115-18]. He never initiated a text to her. He saw her twice at Ali Baba's to get takeout.
She asked him to give her a ride after work to her girltriend's place and he did so against
his betterjudgment. [Tr. 119-20].

He denied ever kissing .'s hand. When she was in the office once, he took her
hand and helped her out of her seat because it was time for her to leave. [Tr. 121].

During their meeting in the truck, he denied smoking pot or offering any to her. She
kissed him and he said "That's enough. That can't happen." He never discussed sex with
her. [Tr. 121--122, 131]. He didn't need to be with an 18-year old; he had women his own
age, including Amy Janssen "the crazy one that caused all the -- made the phone calls"
who was now his wife. Ms. Janssen did not quit her job because of his relationship with

-. She quit the job because she had an aggravated DUI on the record. She was getting
drunk a lot and missing a lot of school. She took a job in Marion County where people

didn't know that she was a DUI recipient. [Tr. 123-124]. He implied that Amy was

extremely drunk when she texted Reva Halloran. He mentioned that when she checked
into rehab for alcoholism, she had a blood alcohol content of .38, which is incredibly high.
[n 125],

He lost a great job in West Virginia and his retirement is now diminished because
he cannot add more to it. He has had to establish himself in a whole new state. He's
divorced so he never gets to see his kids since he's moved, He believed that he has
suffered enough 133].

Following presentation of documentary evidence and witnesses by the WVDE and
Mr. Chapman, the Panel conferred and announced its decision. The Panel found that the
WVDE had proved by a preponderance of evidence that Mr. Cheesebrough acted
insubordinately when he failed to follow the Deputy Superintendent's directive not to meet
with the student during the rest of the school year without another adult present and not
to have any conversations with the student about the investigation. The Panel found that
Mr. Cheesebrough failed to maintain a professional boundary with-when he met with
her after hours.

The Panel further found .'s testimony--that Cheesebrough had a special
relationship with her and that he provided her with marijuana when they met in his truck-~
to not be credible because she admitted to not being truthful or straightforward during
meetings with Principal Greene and the State Police Nor did the Panel find .5 journal
entries credible because there were contradictions and she falsely told the State Police that
she had burned herlournaL

The Panel concluded that Mr. Cheesebrough's testimony--that he did not engage

'tiated the kiss and he

 

in any sexual conduct or contact and that ifthere was a kiss, 

stopped the advance--was more credible. It further found there was no evidence of

grooming or special treatment and that there was no deception on Mr. Cheesebrough's
part to obtain an Arizona teaching license.

The Panel opined that Mr. Cheesebrough had been punished by the loss of income
and the corresponding negative impact on his retirement. Accordingly, it recommended

that Mr. Cheesebrough's teaching and professional administrative certificates be
retroactively suspended for a period of 12 months bbeginning June 30, 2017 so as to have
no impact on his current job teaching disadvantaged students in Arizona.
STANDARD OF REVIEW

Policy 1340, Section 4.14 sets forth the respective roles of the Professional Practice
Panel, as the Hearing Officer, and the State Superintendent in a license revocation
proceeding:

Every decision of the Hearing Officer shall be embodied in a written
recommendation which shall contain both findings of fact and conclusions of
law and an appropriate resolution. Such written decisions shall be issued by
the Hearing Officer to the Superintendent. An appropriate Order setting forth
a decision regarding suspension, permanent revocation, revocation or recall
of certification, of permanent denial for cause, denial for cause,
reinstatement application or other action shall then be issued by the
Superintendent within sixty (60) days of receipt of the Hearing Officer's
written decision. The Order shall either adopt the recommendations of the
Hearing Officer or contain a factual or legal basis for varying from the
recommendations of the Hearing Officer. The Order and the Hearing
Officer's written decision shall be mailed to the parties.
In other words, the undersigned has the authority and discretion to reach a different result
from the Panel's recommendations if there is a factual or legal basis for doing so.
SUMMARY OF THE STATE SUPERINTENDENT'S FINDINGS AND DECISION

The undersigned finds that the Panel's findings and recommended sanction are
flawed in several respects as outlined below.

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 --The WVDE did not charge Mr. Cheesebrough with insubordinatlon,
Insubordination is one reason for a teacher to be suspended or terminated from
employment under W, Va. Code It is not listed as a basis for the State
Superintendent to revoke a license under 18A-3-6. Rather, Mr. Cheesebrough was
charged with immorality with a rational nexus to his job.

--The WVDE did not charge Mr. Cheesebrough with deception in obtaining his
Arizona teaching license. He was charged with untruthfulness when interviewed initially
by his principal and the assistant superintendent. The Panel made no findings on the
untruthfulness charge although Mr, Cheesebrough acknowledged to Superintendent
Devono and Assistant Superintendent Desantis that he had lied when interviewed the first
two times. He unequivocally said he had nevertexted with. and he had never had -
in his truck: police obtained records from-'s cell phone showing texts between the two,
and. later admitted to giving-a ride from her work to a girlfriend's house,

--The Panel did not consider the context and circumstances surrounding the
February 24' 2017 meeting between Mr. Cheesebrough and l. The undersigned linds
that ii the relationship between the two had been completely professional up to that point'
Mr. Cheesebrough would not have so readily agreed to meet-in such compromising
circumstances alter having been warned by his supervisors not to meet with .alone at
school and not to discuss the investigation with her, Moreover' Mr. Cheesebrough would
not have stressed in his emails to-how "imperative" it was that she not post anything
on social media or talk to anyone and that his career and perhaps his freedom would be
on the line.

--The Panel rejected all of-'s diary entries as not credible and gave short-shrift

to other evidence, such as the email exchange setting up the February 24, 2017 meeting

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referenced above. the print-out of the texting between the two and Amy Janssen's email
to fellow teacher Reva Halloran and hertelephone conversation with Mr. DeSantis. These
items corroborate-'5 testimony and diary entries on some points.

--The Panel's retroactive one-year suspension of his license is procedurally improper
and inadequate. Mr. Cheesebrough suffered no loss of income; he used leave time until
the end of the school year, which was the effective date of his resignation. He began
working in Arizona the following school year.

The undersigned understands and respects that Panel's desire not to impact on Mr.
Cheesebrough's ability to teach in Arizona and considers a more appropriate sanction to
be a suspension of Mr, Cheesbrough's Professional Administrative Certificate endorsed
for Principal only. for one year effective as of the date of this Order, with the requirement
that Mr. Cheesebrough receive boundaries training approved by the West Virginia
Department of Education before applying for reinstatement.

The undersigned reminds the Panel that in complex cases. the Panel has the option
of requiring the parties to submit proposed findings and deliberating at the next quarterly
meeting after having thoroughly reviewed the transcripts and exhibits instead of

deliberating immediately at the close of the hearing,

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RATIONALE FOR THE STATE FINDINGS

A. Addressing the correct grounds for discipline: immorality and
untruthlulness

The Panel found that the WVDE had proved by a preponderance of evidence that
Mr, Cheesebrough was insubordinate, a type of conduct not listed as a basis for a
licensure action under W. Va, Code 18A-3-6. From the Panel's perspective, the only
objectionable conduct by Mr, Cheesebrough was his meeting .on February 24, 2017
after having been directed to stay away from her that day and two days earlier. The Panel
viewed the relationship between vice-principal and student to be completely professional
until then and characterized his conduct as a temporary lapse in judgment

Immorality with a rational nexus to job performance is "conduct not in conformity
with accepted principles of right and wrong behavior" as described in Kanawha County 5d.
ofEd. v. Kimble, mem. opinion, No. 13-0810 (W. Va. 05/30/2014). The conduct need not
be sexual. A rational nexus exists because the course of conduct in this proceeding
directly involved the interactions ofthe vice-principal and a student. Immorality is generally
considered something more serious than insubordination, The undersigned views the
February 24. 2017 as part of a continuum of boundary crossing that began in 2016 rather
than an isolated lapse in judgment.

Mr. Cheesebrough was also charged with untruthfulness for lying to the principal
and assistant superintendent when interviewed on February 22 and 24. 2017. He
answered "no" when asked if he and .had ever texted each other. whether-had
ever been In his vehicle and whether he had seen her outside of school. [Exhibit 41. The
Panel made no findings as to this charge. The Panel did make a finding that Mr.

Cheesebrough was not deceptive when he applied for his Arizona teaching license. Tothe

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extent that the Panel was addressing the allegation of untruthtulness, the WVDE did not
allege that he obtained his Arizona license through misrepresentation,

B. Findings on the charge of immorality

The undersigned finds that the WVDE proved by a preponderance of evidence that
Mr. Cheesebrough engaged in immoral conduct by haVing an emotional relationship with
- that fell outside the scope of an appropriate professional relationship of
administrator/student

The undersigned notes that the WVDE did not contend or attempt to prove that
there was a sexual relationship between Mr. Cheesebrough and I In tact,-herselt
did not claim there was one. Accepting .'s testimony and writings as true, the limited
physical contact consisted of his kissing her hand, as recorded in her diary on January 23'
2017, and his kissing her twice in his truck on February 24' 2017. Accepting Mr.
Cheesebrough's statements as true, he hugged her in the truck and she kissed him.

Instead' the WVDE established that Mr, Cheesbrough participated in the
development of an emotional relationship with - that transgressed professional
boundaries between student and administrator, - was clearly smitten with Mr.
Cheesebrough. and he encouraged it This is conduct not in conformity with accepted
principles of right and wrong behavror.

Policy 4363 prohibits amorous relationships between staff and students.2 Policy
2460. 58.b.1 "Educational Purpose and Acceptable Use of Electronic Resources,

Technologies and the Internet'" in effect during the relevant time period' described

2 This prohibition in the 2012 version of the policy is word-for-word identical to
the 2017 version cited in the Notice of Charges Only the page number on which it is
found changed from page 39 to page 51 (Word version) and page 52 (pdf)

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unethical conduct to include "encouraging. . a romantic or inappropriate relationship with
a student."

As an Administrative Law Judge explained in Cooper v. Raleigh County Board of
Ed, No. (April 30, 2014):

Grievant is correct that there has been no proof of sexual conduct, however,

immorality is not just about sexual behavior; it is the failure to conform with

accepted principles of right and wrong behavior or behavior contrary to the

moral code of the community. It is clearly wrong for a teacher to take

advantage ofthe romantic feelings of his student towards him. Grievantwas

flattered that MS. found him attractive. As herteacher. Grievant should have

been concerned by M.S.'s continued pursuit of his attention. Instead. he

used her to talk about his adult problems and inflate his own ego. He

communicated with her as if he were her peer, not as an adult in charge of

her welfare. He encouraged her inappropriate attentions for his own benefit

with no concern for the consequences to MS.

The following evidence supports this finding of immorality

--Beginning in November 2016, he and .began texting each other. From data
retrieved from-'s cell phone, there were 86 text messages back and forth on 13 days
in November and December 2016. This is consistent with-'s statements on March 6,
2017 to her principal and on March 9. 2017 to the State Police, that after she turned 18,
they traded cell phone numbers.

-'s wrote these diary entries in January to March 2017 before her mother read
her diary and reported the matter to the principal on March 6. 2017:

"Pete on the other hand, He mentioned bending me over his knee. Iwas so

shock Pete I have never been [physical], he kissed my hand. lfeel very

guilty because of . I am in love with him But seeing the principal is such

a fantasy Like he so sexy. . .but also older than my mom. Whatevs a girl

has fantasy." [Ex 8. 1/23/17]

can't believe the relationship I have w/my vice principal. I love the attention

he gives me. He is so attractive, Being sneaky with our texts winks in

school is such a thrill." [undated]

"Pete's ex. Ms. Jensan hates me! She ran up to Pete while we were

15

talking 8. lost it. - just called told me bad stuff about him. . .Like
hes a pedofile. It's so hard to see him in that light. He told me when he
kissed me it was the first time he ever touched a student. It hurts to think he
would be. Why would I be so buthurt though? Because I value a daddy. B/k
Im not ready to gro up. I'm stressed. [Ex. 8. 1/31/17]

[Afterthe February 24 2017 rendezvous but before her mother read herdiary
and reported to the Assistant Superintendent on March 6, 2017] "School isn't
the same, I miss Pete. I miss his flirtations. When he kissed me, I was
shocked. The man is older than my dad. He knew it. His [unintelligible] 81
charm [unintelligible] me in just adore him. Most people believe me when
I say nothing happened between us but I can hope this truth [end of line out
off] reveal. What a shit stew that would be. If police look through his phone
he's done. And I'd be don rgantown. He wasn't a very good kisser
though. lfeel bad becauseflbut I can't help but feel it's innocent. Am
I that desperate for older mae attention. We have over a 30 year age
difference. But the person he is wonderful too. He smokes weed [Ex. 8,
2/28/16].

just read some of my moms journals. She is so concerned about Pete l.
She makes him sound disgusting. Is he? Is there something up in his
head? He can make you feel special different, He does. He's not evenjust
a teacher. A principle I feel like I just know him. I know he's not a creep
When he kissed me it didn't feel weird. ldk. He could be olderthan my dad!
Speaking of my dad him knowing is gross. I hate lying but I have mastered
that art perfectly. What hurts the most is-. He gives me the best love
have received cheated on him for a 54 year old man? That's something
wrong w/me. No. it'sjust a fun scandal, Butthe feelings I feel about Pete are
so different. I feel jealous extra flirty." [Ex. 8, 3/3/17--about the time that
-'s mother read her diary].

- wrote the following entry after Mr. Cheesebrough resigned:

"School is worse than I thought it would be. I miss him so much it hurts
my heart. Seelng his empty spot in the parking lot. Every car i" see is a
blue truck, At lunch is the worst. I remember him saying could stand any
where to watch all. but I stand where I can see you. I watch you laugh and
throw grapes. It makes my day.' I'm crying just thinking about it. School
doesn't feel the same. I feel weird not having his support there. Anything I
needed he was there. Bad days he would give me candy. When lwas sick
he would give me meds or send me home. I miss him so much it hurts! lhai
my mom for this. I'm trying so hard to forgive but I can not. Pete would
see me in the halls &walk me to class, Talk hejust made my days better. He
would get me extra mac-n-cheese at lunch tell corny jokes. I want to talk
to him so bad. It's killing me." [3/15/17].

DeSantis's investlgation showed that more than one person at the high school

16

questioned the relationship between Mr. Cheesebrough and-. John Hines had heard
kids making comments about Mr. Cheesebrough and .talking so frequently, More
significantly, his girlfriend and fellow staff member, Amy Janssen, quit her job suddenly
because of all the rumors and the fact that she believed there was a sexual relationship
between the two, In an email to another teacher, Reva Halloran, she wrote. can't live
and work With a man that a 17 year old . .Behind his closed doors, . . ,As she needs
his advrce," [Ex 

--The tone and content of the emails between Mr, Cheesebrough and - on
February 24, 2017 were inconsistent with the picture Mr. Cheesebrough painted for the
Panel that his relationship with-was purely professional and he was therefore
bewildered by the rumors. [Ex The undersigned observes that. had Mr,
Cheesebrough's personal email address, and he did not express surprise to receive a
message from her. .asked about meeting with him that night. He responded

-, I'd love to see you. But i cannot impress upon you enough how imperative

I is that you ccan't post anything on social media ortalk about me to anyone.

I got a very intense warning again today from the asstsuperintendentthatwe

are the topic of lots of rumors right now. and my career and perhaps my

freedom would be on the line,

.'s response lS also inconsistent with there being only a professional relationship
between the two:

Pete, I know that is why I really want to talk to you, I'm really upset about this

and it makes me feel more uneasy I haven't been able to hear much from

you on the behalf. I have NEVER in my life posted anything that would even

suggest something between us. have never even posted your name and of

course I'm not going to run my mouth
Mr. Cheesebrough concluded the conversation with "ok how about I give you a holler here

around 8:30 or His tone implies that communications between the two of them were

not uncommon,

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--The meeting in his truck in the parking lot around 10 pm. on February 24. 2017
supports the existence of an existing emotional relationship outside the professional
boundaries between administrator and student. Rather than being an isolated instance of
poorjudgment in an otherwise completely professional and proper relationship, as the
Panel viewed it, it was the culmination of a growing and improper emotional relationship,

B. Credibility Determinations

The Undersigned finds that the Panel did not give sufficient weight to certain
credibility factors. such as the plausibility ofthe witness's information, the eXIstence of any
facttestified to bythe witness when considering the relative credibility oer. Cheesebrough
and .and the Panel's own experience with hearing licensure hearings involving
teacher-student boundary violations.

- fits the profile of a typical victim of boundary violations: She had low self-
esteem; an eating disorder, a difficult home life and issues with her father, and she took
psycotropic medication The undersigned also notes that at the hearing. Mr.
Cheesebrough attacked .s credibility by listing her vulnerabilities, another common
feature in these boundary cases.

Another consistent feature in boundary cases is thatthe student initially denies that
the relationship with the educator is anything but professional. However, the Panel viewed

.'s initial denial as true and her subsequent testimony as false-s diaryentries prior
to February 23, 2017, when she was first questioned by Ms Talerico, document her
emotional involvement with Mr. Cheesebrough. Her email exchange with him on February
24, 2017 corroborates the existence of an emotional relationship.

.'s diary entry of February 28, 2017 about Mr. Cheesebrough's smoking

marijuana corroborates her hearing testimony about smoking marijuana with Mr.

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Cheesebrough in his truck on February 24, 2017. Her entry about Ms. Janssen being
jealous and creating a scene [1/31/17] is corroborated by Ms. Janssen's phone
conversation with Mr. DeSantis that-would walk past her in the hallway and wave.

The Panel's complete dismissal of .'s diary because of unspecified
contradictions and because she told the State Trooper she burned it is unwarranted. -
did not volunteer her diary. her mother read passages that caused Mslconcern and
caused her to bring the diary to the attention of school administrators on March 6, 2017.
To ignore the diary is to assume that all the entries about Mr. Cheesebrough were simply
fantasy or were written with the intent of making false accusations This assumption does
not explain why Amy Janssen was so jealous, and why multiple people at school noticed
the two talking a lot.

The Panel found that Mr. Cheesebrough had been forthright and consistent in his
testimony. A closer review shows this is not the case. In his first interview on February 22,
2017, he said he only saw-in the hall between class changes and occasionally said
hello He had seen he in his office over parking issues. There had been no texting or
phone calls and had never been with her in or out of school, [Ex. 4]

He changed his story once. provided information to her principal on March 6,
2017 and to the State Police on March 9. 2017. At a meeting with Superintendent Devono
and Assistant Superintendent DeSantis on March 14, 2017, Mr. Cheesebrough implicitly
acknowledged more involved interactions. He said he had known-since she was in
grade, She was a troubled student, she took medication for anxiety, her parents were
divorced and her mother had an aflair. She was bulem'ic for awhile. They had texted, but
it was nothing inappropriate He had seen her outside of school at Ali Baba's restaurant

where she worked and once gave her a ride to a friend's house after work She had

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attendance issues at school.

With respect to their February 24 meeting. he said that she emailed him and they
agreed to meet in a parking lot. She got in his truck. He gave her a blanket. He told her
that the rumors needed to stop, They smoked cigarettes. He hugged her and she kissed
him. He told her this couldn't happen again. [Exhibit 

In evaluating his testimony, the Panel did not evidently consider the plausibility of
his inlormation. lithe relationship was as benign as he assured Mr. DeSantis it was on
February 22 and 24, 2017, why would he so quickly agree to meet with her under
extremely suggestive conditions, Why would he email her that he could lose his job or go
to jail if the rumors didn't stop? How would meeting With-late at night in his truck in a
darkened parking lot help stop the rumors. especially since he believed that Ms. Janssen
was responsible. Moreover, he had been told at the February 24 meeting that the rumors
were not substantiated. Why was it so important to spend an hour talking wiihl?

The undersigned also notes that Ms. Janssen called Mr. DeSantis and made a
number of accusations that corroborate-'5 diary walk by her in the
hallway and wave at her [presumably in what she perceived was an insolent manner]. Mr.
Cheesebrough sat with-in the cafeteria, walked with her to the garbage and back and
said, "I'll call you." This last statement dovetails with .'s diary entry that Mr.
Cheesebrough would get her extra mac n' cheese at lunchtime,

D. Untruthfulness

The Panel did not specifically address this charge. Given that Mr. Cheesebrough
told Superintendent Devono and Mr. DeSantis "i lied to Bob [DeSantis] and Donna
[Talerico], I find that Mr. Cheesebrough was untruthtul within the meaning 0' West Virginia

Code 

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E. Discipline

The Panel considered that Mr. Cheesebrough had been punished enough for what
it considered a single incident of insubordination and lapse in judgment, because he
suffered from a loss of income and the corresponding negative impact on his retirement.
Mr. Cheesebrough experienced no loss ofincome. Hewas placed on administrative leave
with pay on March 6, 2017. On March 15, he resigned to be effective on June 30, 2017.

He used a combination of leave time so that he received a salary until then. In the
meantime, Mr. Cheesebrough applied for a license in Arizona and obtained work the

following school year, so there was no gap in employment.

The undersigned does not accept the recommendation of a retroactive one year
suspension from July 1, 2017 through June 30, 2017 for several reasons. First, this

retroactive suspension diminishes the seriousness of Mr. Cheesebrough's conduct, which

the undersigned finds to be more than an isolated act of insubordination. Second, a year
long suspension should not, in effect, be automatically reinstated four days afterthe Panel

hearing. If a suspension merits a year long suspension, the educator should be required
to apply for reinstatement and prove rehabilitation.
The undersigned wishes to balance the Panel's desire not to affect Mr.

Cheesebrough's current teaching position in Arizona with his responsibility to sanction a
West Virginia educator for conduct occurring in West Virginia. Because the immoral and
untruthful conduct took place in Mr. Cheesebrough's capacity as an administrator, it is

appropriate to suspend his Professional Administrative Certificate while leaving his
Professional Teaching Certificates intact.

For the reasons set forth above, it is hereby ORDERED that the permanent

Professional Administrative Certificate of Peter Cheesebrough is suspended for a period
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 of 12 months as of the date of this Order.. Following the passage of 12 months, Mr.
Cheesebrough will be eligible to apply for reinstatement of his Administrative Certificate

provided that he has also completed boundary training approved by the WVDE.
The undersigned rejects any of the findings and conclusions of the Panel in its
Recommended Decision that are inconsistent with this Order.

The Respondent may appeal this decision to a Circuit Court pursuant to West
Virginia Code § 29A-5-4(b) within thirty (30) days of receipt of this Order.
Entered this 28th day of January, 2019.

"few^Q

jUau^-

Steven L. Paine, Ed. D.
State Superintendent of Schools

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