3 push school no confidence vote

Attorney to investigate handling of Gorton teacher incident

Matt Bower and John Howell
Posted 4/7/15

The city’s three councilwomen are pushing to have their colleagues approve a vote of no confidence in School Superintendent Richard D’Agostino and two top-level school administrators even though …

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3 push school no confidence vote

Attorney to investigate handling of Gorton teacher incident

Posted

The city’s three councilwomen are pushing to have their colleagues approve a vote of no confidence in School Superintendent Richard D’Agostino and two top-level school administrators even though the School Committee has retained an attorney to investigate their concerns.

The three, Council President Donna Travis and Camille Vella-Wilkinson (D-Ward 3) and Kathleen Usler (D-Ward 7), were expected to introduce a resolution of no confidence at last night’s meeting under unanimous consent. If their colleagues agree, the resolution would come up for a vote Monday. If they fail to get unanimous agreement, Vella-Wilkinson said she would docket a resolution for consideration next month.

At whatever point the resolution is discussed, however, Vella-Wilkinson expects the council would go into executive session.

But while specifics may be aired behind closed doors, there’s no doubt that the three councilwomen and School Committee member Karen Bachus believe school administrators failed to appropriately deal with an incident involving Gorton science teacher Mario Atoyan that occurred in 2013.

Atoyan reportedly drew a penis on the arm or hand of one female student and feces on the arm or hand of another. The incident became the topic of rumors soon after Atoyan was charged March 20 with first and second degree sexual assault on a 15-year-old female relative for an incident that allegedly took place last June.

What raised questions was D’Agostino’s assertion that Atoyan was a respected teacher who was liked by his peers and students. The councilwomen and Bachus wanted to know what D’Agostino, as well as Dennis Mullen, director of secondary education, and Rosemary Healey, director of human resources and school counsel, knew of the drawings and what corrective action was taken.

Saying it was a personnel matter, D’Agostino would not confirm or deny the incident involving the two Gorton students.

The School Committee unanimously approved the hiring of attorney Vincent Ragosta during a special meeting held last Thursday.

Last Monday, the School Committee voted to suspend Atoyan without pay after he was charged with first- and second-degree sexual assault in an unrelated matter.

On the heels of that decision, last Tuesday a joint press release was issued from Bachus, Travis, Vella-Wilkinson and Usler seeking an investigation into the drawing incident and calling for the City Council to take a vote of no confidence in the three administrators.

“In order to make sure we do our due diligence, we need to create a safe atmosphere for kids in school; anything less would not be doing our job,” Bachus said Thursday. “All staff are ordered to cooperate and provide all requested information that has any bearing on the matter to Mr. Ragosta and his associates.”

Bachus said failure to comply would result in consequences.

Committee member Beth Furtado took issue with the press release and Bachus’ involvement in it, calling for Bachus to recuse herself from “from any vote [that] involves or impacts any of the administrators listed in the April 1, 2015 press release she co-authored.”

Furtado continued, saying, “I am further calling for Ms. Bachus to be removed from any direct involvement in the investigation.”

Despite calling for Bachus to recuse herself, Furtado said she would vote in support of an “impartial, confidential and fair investigation into Mario Atoyan’s work history as it relates to the events of 2013 and the district’s knowledge of the 2015 criminal charges” because she feels administration members have been unfairly targeted.

“People with little or no knowledge of the facts and circumstances have engaged in a public flogging of certain members of the administration without any foundation for doing so,” she said.

Furtado said in order to honor the privacy and confidentiality of the staff and individual students involved, the administration is legally unable to respond.

“To their credit, in order to protect our kids, potentially innocent staff and our district, they refuse to comment and contribute to what has become a witch hunt in this community,” she said. “I should point out that if the administration’s own self-interest was all that was at stake here, it would serve that interest to share the facts publicly.”

Shifting her comments to Atoyan, Furtado asked what has happened to the presumption of innocence in America and pointed out that while Atoyan has been indicted and was immediately removed from school, he has not yet been convicted.

“The judicial system will be making its own judgment about these charges based on relevant evidence and a review by a jury of his peers,” she said. “What business do we, as public officials, have in trying this gentleman, or anyone else for that matter, in the press?”

Furtado further questioned what business public officials in the city have “engaging in the perpetuation of rumors, myths and untruths when no investigation has even started.”

“How can adults, who apparently have motivations unrelated to the facts of this case, put students in the midst of this firestorm by repeating such rumors and portraying them as truths,” she said. “If I stand for anything else in my lengthy service on this committee, I will not tolerate such conduct by remaining silent.”

Furtado said she expects the administrators named in the press release will be fully exonerated by a fair investigation.

“I will minimally expect, and they will deserve, a full public apology directed to each and every one of them by each person involved,” she added.

For her part, Bachus said she has no plans to step down.

“I was concerned and called this investigation because of flack going around that the administration is not doing the right thing,” she said. “This needs to be investigated to ensure the right thing is done.”

Bachus said she was disappointed in the administration’s response but she hopes to see them cleared.

“If people are exonerated, I will commend them for their job, but I will not apologize [for the investigation],” she said.

Furtado wasn’t alone in taking issue with the press release from Bachus and the council members.

School Committee Chairwoman Jennifer Ahearn said, “The message in the paper was premature,” adding that as a mother of a seventh-grader, this matter hits close to home.

“We are not able to see employee records or follow the process as it happens, so I hope the investigation sheds light on areas where it was not previously,” she said. “I want to shore up anything we can to protect our kids.”

Committee member Terri Medeiros said she was disappointed that elected officials, “who I respect,” didn’t give the School Committee the opportunity for an investigation.

“I think this furthers the divide,” she said.

Committee Vice Chairman Eugene Nadeau said there was a lot of publicity leading up to Thursday’s meeting.

“But fair-minded people realize the School Committee took appropriate action Monday at the earliest we could with the suspension without pay,” he said. “We need to follow this until we’re satisfied the truth has been brought out, whichever way it goes. [Vincent] Ragosta is well known and extremely qualified to investigate this, and I’m satisfied we did the right thing.”

Travis, Vella-Wilkinson and Usler were all in attendance at Thursday’s meeting.

Travis said they want the matter settled and the information out.

“We have to answer to our constituents, who have been calling us and are concerned and want answers,” she said. “Parents expect their kids to be safe. How can someone with authority and who is supposed to be protecting them be out there doing something like that?”

Travis said teachers are there to teach, but the top priority is children’s safety.

“How can kids be safe in schools when we can’t even trust the teachers?” she questioned. “And if this was covered up, that’s even worse.”

Vella-Wilkinson said she reached out to the School Committee via email but when there was no response, she said she was left with no choice but to issue the press release.

“Teachers felt they couldn’t speak out, so it’s crucial that we support them,” she said. “Going by the requirements of RIDE [Rhode Island Department of Education] and the school district, we, as a district, are not living up to our requirements.”

Vella-Wilkinson said middle school students are at an age where they are vulnerable to sexual harassment from their peers as well as teachers.

“The reason we’re here is for the kids,” she said. “It’s considered inappropriate touching to draw a sexual organ on a child and they’re less likely to report it if it happens again if nothing was done about it the first time.”

Addressing Furtado’s comments, Vella-Wilkinson said the vote of no confidence is not based on the return of the grad jury indictments, but added, “[Beth] Furtado has a right to her opinions and I wouldn’t want to see her censored.”

When asked how she felt about the committee’s decision to hire Ragosta, she said, “We don’t want to interfere with the investigation; we support that action and await the results.”

Usler said the truth needs to come out.

“We want an investigation, we want answers and we deserve answers,” she said. “The truth will be told and when it’s told, maybe apologies will be given in other directions.”

Comments

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  • JohnStark

    What kind of adult draws a penis on a child's arm? Think about it. If your neighbor did that to your child you'd contact the police. And the penis artist retains his job? In what other line of work does that happen? And no mention in the article of the other Gorton teacher arrested for trolling the internet in search of teenage boys. He must be relieved that this second Gorton arrest took him off the front page. And D'Agostino says he can "neither confirm nor deny" that one of his teachers drew a penis and feces on the arms of students, all the while and with an apparent straight face, insisting that he deserves the job permanently. Parents: Run, do not walk but Run from the Bizarro-World that has become the Warwick public schools.

    Tuesday, April 7, 2015 Report this

  • Pmaloneyjr

    Who is Karen Bachus? I have no confidence in her. Check out Warwick Police Report #12-5688-OF 10-26-2012. The charges are Felony Breaking and Entering and Misdemeanor Vandalism/ Malicious Injury to Property. Copy and paste the link to your browser to see the actual police report that has been hidden from you. This is public record and you can go to the Warwick Police Station and request your own copy.

    https://www.facebook.com/notes/patrick-maloney-jr/warwick-police-report-12-5688-of-10-26-2012-11-days-prior-to-the-election/10151197015478348?pnref=lhc

    She is calling for action? Why was this not investigated by the Warwick Police? I would like to call for action for this to be investigated.

    The schools can not make this public or they risk a lawsuit. I have no issue with them doing an investigation. The fact is this is completely political. D'Agostino is reapplying for his job and the Mayor and City Council is doing everything they can to put pressure on him so they can get their buddy the job.

    If I was the parent of a student who had something drawn on their arm that was inappropriate I would not have shut up about it until it was resolved to my satisfaction. Why did we hear nothing about this until well after the fact? Why did the parent say nothing at the time and let it go? There is more to this story that we don't know but again, this needs to be investigated the proper way or the schools risk a lawsuit.

    Tuesday, April 7, 2015 Report this

  • Pmaloneyjr

    One more thing, if Bachus was so concerned about having people aware of what is going on, why doesn't she tell us? She is on the School Committee. She can do it, why doesn't she? She certainly knows how to make a press release as evidenced by this story. Why didn't she do a press release when this started? She is an opportunist trying to create problems for administration. Why would she do that? Maybe it is because she is the 1st Vice President of her SEIU (State Employees) union, DCYF--Child Protective Services (Providence) 401-785-0206.

    I have a question for you Karen. Why is your DCYF department for the state in a major deficit? According to this Jan 21, 2015 article, "DCYF overspent general revenue appropriations by $2.5 million in fiscal 2014; $1.8 million in fiscal 2012; $3.2 million in fiscal 2011; and $500,000 in fiscal 2010. "As the above information suggests, the Department has consistent difficulty projecting and managing its costs," Reynolds Ferland wrote." Since 2010, DCYF has overspent their budget by over $8 Million. They have a projected deficit of $13.8 Million currently.

    http://www.child-advocate.ri.gov/news/index.php

    http://www.providencejournal.com/news/government/20141117-rhode-island-dcyf-director-asking-for-13.8m-in-additional-funding.ece

    http://ripr.org/post/social-workers-lawmakers-debate-blame-dcyfs-deficits

    Another Question, if you can't work within your budget at your full time job, what makes you think you are any better at it while "serving" on the School Committee? The fact she is on the school committee makes me sick. She is there to create chaos not to solve real problems.

    Tuesday, April 7, 2015 Report this

  • muggles

    True that Patrick

    Tuesday, April 7, 2015 Report this

  • muggles

    Bachus no longer works for DCYF and never had a managing role, in fact she never really worked. Bachus spent her time on "union business" DCYF shipped her off to BHDDH. That police report is telling. When you deal with her you need to have two sets of eyes on her and a audio recorder going. Guarantee she will try to wiggle her way out of this mess.

    Wednesday, April 8, 2015 Report this

  • Zepeeker

    Let's not get too caught up in the finger pointing with Bachus! The bottom line is there does need to be an investigation! If Dagastino and others officials in the district knew, and I believe they did, and his behavior was not dealt with, something needs to be done about it. How is it that at least 2 predators in the past few years have come from this school? our children's safety is top priority, that is the bottom line. There are way to many politics involved already it seems. The administration needs to cut through this and do its job! We, as parents, can not let this go!

    Wednesday, April 8, 2015 Report this

  • Pmaloneyjr

    I'm not going to defend this situation because I don't know enough about it. That being said, in any company that has 1000 employees and 20 locations when a problem occurs with an employee, it is handled by the immediate supervisor and a middle management team. Typically a note goes into an employee's record. The CEO of a company with a 1000 employees and 20 locations doesn't know what is going on every day in every location with every employee. The HR department has access to the employee records but management doesn't have the ability to just walk into the HR department and start reading records. It is possible that a year ago when this happened it was taken care of properly and didn't go any further. Once the situation has past and the employee received the appropriate disciplinary action, they can't go back and give them additional disciplinary action for the initial problem.

    The Mayor knows this is the same exact situation with the city employee who stole the equipment and materials to rebuild their Deck at their house. They were reprimanded for their actions and couldn't be reprimanded twice for the same incident. The employee was given their job back and received back pay.

    Check this link in the Warwick Beacon from 2011, http://warwickonline.com/stories/City-employee-disciplined-for-borrowing-tools,63430

    and this link where the charges were dismissed in 2013: http://warwickonline.com/stories/Charges-dismissed-against-DPW-worker-for-borrowing-city-equipment,83148?print=1

    and this https://www.facebook.com/WPRI12/posts/10151462699763202

    Of course the guy stole the equipment, he was guilty and how did that end up?

    What is happening now is a separate occurrence and what happened previously is not an indication that something like he is accused of now would happen. We can speculate. Again, if I was the parent I would not have let the initial situation just go away.

    The situation with the teacher is that he has been accused, the proper authorities are investigating. I hope it didn't happen for the sake of the girl and the family. If that is the case, this person has been persecuted for something that didn't happen. Imagine the lawsuit we will have if he is exonerated. On Facebook, people are saying the guy should be tortured, mutilated and killed. If he is guilty, the authorities will deal with it appropriately. For now, as far as I can tell, the schools have given all the information they (legally) can, they are not the authorities (even the authorities haven't commented other than to say it is an ongoing investigation), they do not have access to the information the police do, and if they did release something inappropriately it could have an effect on the outcome of this investigation and prosecution. He is removed from the classroom and the kids are safe.

    The last and most important thing is to think about the safety of the kids. What good would it do for the schools to release his previous records and have the person, if guilty, get off on a technicality. Imagine they release the info, he is found guilty but his lawyer puts in an appeal that the jury decision was tainted because of the previous problem he had swayed the jury to find him guilty. Then we have a guilty person out on the street because they got out on a technicality. It sounds far fetched but I would like the authorities to be able to do their job properly and if he is guilty he should pay.

    Wednesday, April 8, 2015 Report this

  • Scal1024

    I disagree completely Pat. This isn't even in the same ball park as a guy stealing tools (even from a union side). I feel like the police have investigated this, seeing as is from last June. I just can't bring myself to believe the police would arrest a relative unless they have some sort of certainty something happened. There's a reason the superintendent gets paid $150,000 a year. Its because he oversees so many employees. I find it hard to believe he knew nothing, and for him to suggest no other incident occurred is insulting. This is a passionate issue but I just don't understand the passion on the side of defending the superintendent, and waiting for "facts" other than the ones the police have used to make an arrest on. 2 teachers at the same school, something has obviously gone wrong with the system.

    Thursday, April 9, 2015 Report this

  • Pmaloneyjr

    Hi Scal1024, I understand what you are saying. I am saying that in regards to the old infraction, if the guy was reprimanded/ punished/ disciplined they can't reprimand, punish or discipline him again for it. We have seen what happens if they do. They get all the back pay and their job back as happened with the city employee.

    With regards to the new alleged charges, I believe the police and justice system will follow the protocols and if guilty, convict and sentence to the full extent of the law. If not guilty, the person should be able to move on with their life.

    If not guilty and the schools make the mistake of releasing personnel records to the public they will be looking at an expensive lawsuit. If the previous records are relevant, make the lawyers put in a request and warrant to review the records and this takes the responsibility out of the schools and keeps the schools legally compliant. There will be no way he can turn around and sue the schools later.

    I am dumbfounded to hear the city council wants to release personnel records of employees. Let's release all the personnel records of all employees and see what every employee makes, know how much over time they get, how much vacation time they get, look at how much vacation time they get, look at clothing allowances of city employees, etc. I'm all for that, we have the right to know don't we?

    Has the city council president paid back her late taxes yet? She just voted to put a tax lien on 1500 houses in Warwick. Her house is not on the list. Why? http://www.abc6.com/story/24485689/warwick-city-council-president-behind-on-paying-her-taxes

    Maybe they should have a no confidence vote for her?

    Thursday, April 9, 2015 Report this

  • Scal1024

    Pat, I'm actually surprised to hear this from you. If you don't like Bachus or Donna Travis that's your issue with them. However you're allowing personal dislike to trump reason. Yes Ms. Travis is behind on taxes (how is that relevant to a story of a predatory teacher?)

    All too often lately the "watchdogs" of this city only care about two things: THEIR political career, and making THEMSELVES look good. Making every issue a political football is growing very old and voters see right through it all.

    Thursday, April 9, 2015 Report this

  • Pmaloneyjr

    This is a story about the city council and Bachus and a vote of no-confidence. This story is not about the teacher specifically. These people want to mud sling and stand up and sway public opinion as if they are perfect. They aren't and I just pointed it out. I am reminding people who these people are. They are using this topic as a way to get D'Agostino out and get someone else in. They are risking the finances of the city for political purposes.

    I should go on record as saying, it doesn't matter to me who gets the job as superintendent as long as they are qualified and are successful. I want someone who will stand up for education and not pander to the political will of other political figures. I want someone that can make and stay within a budget.

    I go on the Warwick Beacon page to comment about once a month now and only when I see a topic that I think is important. I used to be on every day. If I see something happening that I don't agree with, I will post my opinion and back it up with facts. I didn't just say, "I don't like this person." I said, "This is the person accusing the other person of doing something wrong. Here are 2 or 3 articles to explain how I came up with my opinion of them."

    I am not thinking about politics right now. I am working hard to take care of my family. I am not an active part of any "watchdog" group. I don't post for the sake of posting. I do keep an eye on things and if I see something good, I will tell people about it. If I see something wrong, I will tell people about it. I do not want and I do not need anything negative in my life. I see a lot of good things happening in Warwick. I see a lot of things that could be better. I would rather work to make them better even if it means working with people I don't necessarily agree than continually post about things I see wrong but do nothing about it.

    It is ok if people disagree with me. When people disagree they can usually find some common ground to build something better but it takes work. I think we can all agree, if the person is guilty they should pay for their crime. If the person is not guilty then they should be able to go back to their life before this happened.

    Thursday, April 9, 2015 Report this

  • Scal1024

    Continually posting things and not doing anything about it??? Isn't that the whole objective of the "new direction" page? You know nothing about me so to suggest I'm not involved with anything locally is funny. Sorry that attending council meetings is everything to you people, but some of us work during that time.

    Also while others on here continually talk about legacy costs I've asked on this page at least 5x how do you get reforms passed? What is realistic in terms of gaining union concessions? I've also shared ideas on here how I thought it could be achieved or examples of what others cities have done. So this idea that people come on only to bash (wonder if you've ever told Stacia to stop bashing and "do something") is wrong.

    You comment on pages where they take videos of firemen at stop & shop and yet you tell me to stop bashing people? Let's play it both ways Pat. Spare me the " Stacia shoveled this winter" excuse because she was right there with her shovel and her camera to make sure everyone knew. You say you can work with anyone to get something done. Why attack Bachus and Travis then? You may end up having to work with one or both someday. Also you say I hide behind a screen name, I guess its much more appropriate to hide behind a false flier. Pathetic

    Thursday, April 9, 2015 Report this

  • Pmaloneyjr

    Hi Scal1024, I am sorry that I lumped you in with others that hide behind false names on the page. You obviously care and it was wrong for me to do that. I guess you can understand how I feel being lumped in with others too. I don't attend all the city council meetings constantly to complain. I do attend the city council budget meetings. I don't attend the city council meetings because I am usually also working.

    I have actually talked with Stacia personally and given her some ideas to do somethings that didn't include bashing. I was actually the person who suggested that rather than complain about bus stops not being cleared that she get a team together to clear them.

    I have no issue and do not remember bashing firefighters who were at Stop & Shop, instead I called my friend who is a firefighter and asked why they do that. He gave me a very reasonable answer so I didn't comment. I did comment on a city worker that seemed to be driving around all day long without filling potholes.

    Thursday, April 9, 2015 Report this

  • Reality

    Maybe apologies will be given in another direction ? What does that mean ? That is the answer given by Usler. INCREDIBLE !!!!! Doesn't the councilwomen know that the school administration is innocent until proven guilty. What is the caliber of people are electing to the city council....it makes you wonder.

    Thursday, April 9, 2015 Report this

  • danfire

    Patrick Maloney why the sour Grapes toward Bachus ? Didn't the beacon investigate this before she beat you in 2012? Dick D’Agostino was hired by you right after the past superintended was fired,suspended or let his contract expire early. Do you feel you hired the wrong temp for almost 3 years. Why was the last man let go By you? Still no comment?

    Saturday, April 11, 2015 Report this

  • Pmaloneyjr

    HI Dan,

    The Beacon did not do an investigation, actually they didn't do a story at all. The incident did not even get reported in the Beacon Police Logs despite this incident occurring 15 days before the election. I wouldn't say sour grapes as much as me being upset with such slanted reporting, actually, no reporting by any media outlet.

    D'Agostino was put in the position as an interim on an emergency basis. We were able to choose someone on staff that had the requirements. I believe at the time there were only 2 staff members that met the requirements. I would have voted to go out for a search if given the opportunity. During the short time period he was in charge while I was there, I thought he did a good job. The committee after me hired him full time by renewing his contract.

    The previous superintendent was notified that his contract was not going to be renewed. If you remember correctly, I did not vote to renew the previous superintendent's contract back in 2010. At the time, I thought we could find someone better. Why would I vote to renew someone's contract if I thought I could find someone better? Three members of the SC thought he should be renewed, 2 did not vote to renew, I was one. I then voted to put him on leave. After my first year on the school committee, I felt we needed a change and that is why I voted not to renew his contract at any time his contract came up for renewal before the committee. I am on record multiple times saying I did not think his contract should be renewed. I voted to not renew it in 2010 and was outvoted. You can review any Warwick Beacon article at the time, the performance of administration was under just as much scrutiny then as it is now. If you thought you could find someone who could perform better, would you renew the person in the position? I know I wouldn't and I didn't.

    Saturday, April 11, 2015 Report this

  • schwanee

    We need a taxpayers Vote of no confidence in the City Council members above.

    Friday, June 26, 2015 Report this