Confidentially or Not, the Eveland Settlement is a desparaging Statement of School Boards and their True Intentions

Confidentially, the Eveland settlement is a crying shame

Originally written and publihsed 

 by Maura Larkin

The San Diego Education Report

March 10, 2012

"A year ago, Daniel Shinoff, prominent attorney the the San Marcos USD, needled me (Maura Larkin) for raising the dark questions that pounded my skull like a migraine. 'being the mensch you are, he wrote, I am confident you will extend your apologies to this fine educational community when the truth comes out in court.' Well, Mr. Shinoff, the truth hasn’t come out in court. Only the District's dollars."

Is San Marcos Unified School District tacitly admitting responsibility by way of the $4.75 million judgement the court has ordered for Scotty Eveland's injuries. Why didn't they settle with the Eveland family in the first place? It's mind-boggling to think how much the school district paid its lawyers to attend over 300 depositions, countless motions, and trial preparations. A Million? More? That money should have gone to the Eveland family! So why the charade? The school board and administrators should rethink their attitude toward students and their families--and to the public at large.

The school district's insurance premiums are going to go up as a result of this case--and the taxpayers will be stuck with those increased bills for many years to come.

Was attorney Danielle Shinoff working for the public good, or was he working to protect a specific coach who had made a catastrophically bad decision? Was he also working to protect other individuals in power in San Marcos Unified School District? Would the school district have been better off to settle with Scott Eveland years ago? We're pretty sure Shinoff's coffers are much the better off for convincing the school board to fight. But Why?

Is this really how the public wants lawyers to behave when they are supposedly working for the public?

See all Maura Laurkins posts regarding the Scott Eveland case.




the Sand Diego, Union-Times
by Logan Jenkins

March 9, 2012

There is no shame. Only dollars.

Nearly a year ago, I started a column with a personal anxiety:

“My biggest fear about Eveland vs. San Marcos Unified School District is that the lawsuit will be settled without a full accounting before a jury.”

On Friday, that worry was realized following a phony Kabuki dance that no one ever expected to lead to a jury trial.

In a matter of minutes, the financial terms of the 11th-hour settlement were announced — and a curtain of silence descended.

The two sides, which argued diametrically opposed accounts of what happened to Scotty Eveland, agreed not to “disparage” the other and to “refrain from rehashing the disputed allegations.”

There is no blame. Only a relatively paltry $4.375 million (minus hefty attorney fees and accrued medical liens), doled out by a remote insurance company.

There’s no lesson. Only a joint statement that appears to have been crafted by Mary Poppins on behalf of the San Marcos school district.

There’s no suggestion, the joint statement says, that “professional and hardworking coaches, athletic trainers, administrators and staff of the Mission Hills High School intentionally contributed to the unfortunate and tragic accident that occurred during a high-school football game (italics mine).”

Mind you, no one ever alleged that Scotty Eveland’s Mission Hills coach, Chris Hauser, intentionally inflicted a life-changing brain injury upon his second-string middle linebacker.

What was alleged, assuming witnesses were telling the truth, was a “catastrophic error of judgment” to send Eveland into the game, in the words of the neurosurgeon who operated upon Eveland after he collapsed on the field.

Also alleged was a conspiracy to cover up the coach’s alleged decision when Eveland’s headache allegedly was so severe he couldn’t focus on the ball.

Given the unavoidable conclusion that some of the players in this tragedy have lied through their teeth — either plaintiff witnesses or school employees — then is a reckoning on behalf of all young athletes too much to ask?

Evidently so.

There is no shame nor contrition. Only $ dollars.

  The two sides, which argued diametrically opposed accounts of what happened to Scotty Eveland, agreed not to “disparage” the other and to “refrain from rehashing the disputed allegations.” There is no (assignment of) blame. Only a relatively paltry $4.375 million (minus hefty attorney fees and accrued medical liens), doled out by a remote (indifferent) insurance company.

There’s no lesson. Only a joint statement that appears to have been crafted by Mary Poppins on behalf of the San Marcos school district. There’s no suggestion, the joint statement says, that professional and hardworking coaches, athletic trainers, administrators and staff of the Mission Hills High School intentionally contributed to the unfortunate and tragic accident that occurred during a high-school football game.

Mind you, no one ever alleged that Scotty Eveland’s Mission Hills coach, Chris Hauser, intentionally inflicted a life-changing brain injury upon his second-string middle linebacker.

What was alleged, assuming witnesses were telling the truth, was a “catastrophic error of judgment” to send Eveland into the game, in the words of the neurosurgeon who operated upon Eveland after he collapsed on the field.

Also alleged was a conspiracy to cover up the coach’s alleged decision when Eveland’s headache allegedly was so severe he couldn’t focus on the ball. Given the unavoidable conclusion that some of the football players in this tragedy have lied through their teeth — either plaintiff, witnesses or school employees — then is a reckoning to come for a  Student atheletes, coaches, and  others?  No once again, only Dollars bearing no witness and no standard.

Los Angeles school officials are going back 40 years in their internal review of teacher discipline cases - perfect lie to cover firing older higher paid teachers

THIS IS IMMEDIATE FUTURE OF PUBLIC EDUCATION...

Los Angeles (CNN) -- In an expanding investigation into teacher misconduct, Los Angeles school officials are going back 40 years in their internal review of teacher discipline cases in an effort to determine whether any of the instructors should also be referred for possible license revocation, a school spokesman said Friday.

Los Angeles School Superintendent John Deasy has asked the principals at more than 1,000 schools to search the files of the past 40 years for "any cases of possible employee misconduct," spokesman Tom Waldman told CNN.

The 40-year period is a significant expansion from the past four years of misconduct cases that the system has already reviewed.

So far, Los Angeles school officials have referred the discipline cases of 604 teachers from the past four years to state authorities who have powers to revoke a teacher's credentials, officials said.

Of those 604 cases (THIS NUMBER IS FROM HR AT LAUSD, THE ACTUAL NUMBER OF TEACHERS IN LAUSD "Rubber Rooms" MAY BE TWICE THAT FIGURE. )  in which teachers were fired or facing discipline, 60 teachers were accused of sexual misconduct with pupils on or off campus or with minors who weren't students, school officials said.

The California Commission on Teacher Credentialing will investigate 366 of the 604 teacher cases to determine if licenses should be revoked, which is a six-month process, spokeswoman Anne Padilla said. Most of the cases focused on allegations of teacher misconduct that involved student safety.

Padilla said Friday that 122 of the 604 cases were referred back to the school district for further information because the state agency didn't have the authority to investigate.

She also told CNN that 103 of the 604 cases were duplicates and were already being investigated by the agency's committee on credentials. "For the vast majority, no final action has been taken. They are still in process," Padilla said about the 103 cases.

The referral of the cases to state licensing investigators comes as the nation's second largest school system deals with a crisis of teacher misconduct. The district has been reeling from a scandal at Miramonte Elementary School, where two teachers have been charged with lewd acts on pupils, including one teacher accused of putting children in adult-like bondage situations and placing semen-filled spoons at their mouths.

The state license of that teacher, Mark Berndt -- who has pleaded not guilty to 23 counts of lewd acts on pupils -- has been suspended as the state agency monitors his criminal case, and a license revocation occurs upon a conviction, Padilla said. If an appeal to a conviction is made, the suspension of teaching credentials continues, Padilla said.

This week, the California Senate approved a bill that would empower school boards to fire teachers for misconduct and expedite the firing process of instructors accused of offenses involving sex, violence or drugs, said Democratic state Sen. Alex Padilla, who authored the legislation.

The bill now goes to the State Assembly for a vote.

"Because a school board is ultimately responsible for ensuring a safe learning environment, the school board should be empowered to dismiss employees they determine to be a serious threat to the health and safety of students," Sen. Padilla said in a statement.

The lurid allegations at Miramonte prompted the Los Angeles system to do an internal review of its handling of past teacher misconduct cases, and the district determined that 604 cases needed to be referred to state licensing authorities for review, though "a substantial number" of other misconduct cases had already been reported to the state, school officials said.

One parent, Alvaro Salgero, told CNN that he was concerned about child abuse in the school system.

"It tended to be a safe place, but from what I hear, it seems that's not happening in some places," Salgero said. "There isn't sufficient security for children.

"We're able to realize that there wasn't much of an investigation with teachers and they didn't investigate them before giving them a job, and those who suffer are the children, the pupils," Salgero said.

The 604 cases include teachers who were disciplined or were about to face discipline since July 2008, according to Ira Berman, Los Angeles Unified School District director of employee relations, and Vivian Ekchian, the district's chief human resources officer.

The cases also include teachers who were fired by the school board or who left the district after termination proceedings were initiated or while an allegation of misconduct was pending, Berman and Ekchian said.

The system doesn't know whether any of the teachers who were fired or who left the district are still in the classroom in other school districts.

The 604 figure also includes teachers who were suspended for 11 days or more for a variety of reasons not involving sexual misconduct with students, the two officials said.

"The safety of our students is our No. 1 priority," Ekchian said in explaining why the system referred the 604 cases to the state.

The system's internal investigation arose after parental outrage after charges were filed against former Miramonte teacher Berndt, who resigned from the system last year but was not referred to the state for possible license revocation, district spokesman Waldman said.

Berndt, 61, pleaded not guilty in February to allegations he bound young students, then photographed them with semen-filled spoons held at their mouths and three-inch cockroaches crawling across their faces, among other graphic depictions.

"We had not informed Sacramento to revoke Mr. Berndt's credentials," Waldman said.

Berndt is being held on $23 million bond and faces 23 counts of lewd acts on a child. The 23 victims were between 7 and 10 years old, and all but two of them were girls, the Los Angeles County District Attorney's Office said.

Authorities have said they have discovered roughly 600 images allegedly taken by Berndt in his classroom. Los Angeles Unified School District Superintendent Deasy has said Berndt was removed from his teaching job in January 2011 after school officials learned of the police investigation. A teacher for 30 years, Berndt initially challenged the school district's decision to dismiss him. But he eventually dropped his appeal and resigned last spring.

His arrest in January led to broader fallout over the adequacy of safeguards for the school's students and the prospect of more victims.

Days after Berndt was taken into custody, another Miramonte Elementary teacher -- Martin Springer, 49 -- was arrested and charged with three felony counts of lewd acts with a girl younger than 14. He has pleaded not guilty.

The LAUSD board subsequently shut Miramonte for two days, during which the board reconstituted the entire staff in the 1,400-student school. Miramonte is in unincorporated Los Angeles County within the Florence-Firestone area, about six miles south of downtown Los Angeles.

"Because a school board is ultimately responsible for ensuring a safe learning environment, the school board should be empowered to dismiss employees they determine to be a serious threat to the health and safety of students," Sen. Padilla said in a statement.

READ THIS: For every seven teachers brought up on charges by the average school district, one has anything directly to do with students. However, of the former seven teachers, 90% are at or near the top of their pay scale. Of that seven less than 15% are prosectuted by police. STILL, 100% WILL BE EFFECTIVELY FIRED OR DRIVEN OFF.

While time is showing it is actually easy to fire a teacher w/o a cause that would stand up in crimminal or civil court, the same district can't keep one single high school student safe from the violence, gang activities or the drug use on its own campuses. Not a single student can be kept safe until they graduate. IS THIS ABOUT PAYROLL SAVINGS OR REAL STUDENT SAFETY?

The lurid allegations at Miramonte prompted the Los Angeles system to do an internal review of its handling of past teacher misconduct cases, and the district determined that 604 cases needed to be referred to state licensing authorities for review, though "a substantial number" of other misconduct cases had already been reported to the state, school officials said.

One parent, Alvaro Salgero, told CNN that he was concerned about child abuse in the school system.  "It tended to be a safe place, but from what I hear, it seems that's not happening in some places," Salgero said. "There isn't sufficient security for children 

"We're able to realize that there wasn't much of an investigation with teachers and they didn't investigate them before giving them a job, and those who suffer are the children, the pupils," Salgero said.

The 604 cases include teachers who were disciplined or were about to face discipline since July 2008, according to Ira Berman, Los Angeles Unified School District director of employee relations, and Vivian Ekchian, the district's chief human resources officer 

The cases also include teachers who were fired by the school board or who left the district after termination proceedings were initiated or while an allegation of misconduct was pending, Berman and Ekchian said.

The system doesn't know whether any of the teachers who were fired or who left the district are still in the classroom in other school districts.

The 604 figure also includes teachers who were suspended for 11 days or more for a variety of reasons not involving sexual misconduct with students, the two officials said.

"The safety of our students is our No. 1 priority," Ekchian said in explaining why the system referred the 604 cases to the state.

The system's internal investigation arose after parental outrage after charges were filed against former Miramonte teacher Berndt, who resigned from the system last year but was not referred to the state for possible license revocation, district spokesman Waldman said.

Berndt, 61, pleaded not guilty in February to allegations he bound young students, then photographed them with semen-filled spoons held at their mouths and three-inch cockroaches crawling across their faces, among other graphic depictions.

"We had not informed Sacramento to revoke Mr. Berndt's credentials," Waldman said.

Berndt is being held on $23 million bond and faces 23 counts of lewd acts on a child. The 23 victims were between 7 and 10 years old, and all but two of them were girls, the Los Angeles County District Attorney's Office said.

Authorities have said they have discovered roughly 600 images allegedly taken by Berndt in his classroom.

Los Angeles Unified School District Superintendent Deasy has said Berndt was removed from his teaching job in January 2011 after school officials learned of the police investigation.

A teacher for 30 years, Berndt initially challenged the school district's decision to dismiss him. But he eventually dropped his appeal and resigned last spring.

His arrest in January led to broader fallout over the adequacy of safeguards for the school's students and the prospect of more victims.

Days after Berndt was taken into custody, another Miramonte Elementary teacher -- Martin Springer, 49 -- was arrested and charged with three felony counts of lewd acts with a girl younger than 14. He has pleaded not guilty.

The LAUSD board subsequently shut Miramonte for two days, during which the board reconstituted the entire staff in the 1,400-student school. Miramonte is in unincorporated Los Angeles County within the Florence-Firestone area, about six miles south of downtown Los Angeles.

ADDENDEM TO "AN OPEN LETTER TO GOVERNOR JERRY BROWN"

State panel OKs demotion; fatal crash involved judge

By Onell R. Soto

SAN DIEGO UNION-TRIBUNE

September 21, 2002

(NOTATIONS IN ITALICS ARE PURELY THE OPINION OF THE POSTER)

Judge H. James Ahler, 54, of Escondido, hit and killed a pedestrian in Escondido within an hour of drinking three glasses of wine a year ago,  (BULLSHIT, AHLER IS 6'2 AND ABOUT 260 LB.S. THERE IS PHYSIOLOGICAL WAY THAT A MAN THAT SIZE COULD HAVE REACHED PT. 15 PERCENT BLOOD ALCOHOL, TWICE THE STATE LIMIT ON THREE GLASSES OF WINE. SOUNDS LIKE ANOTHER AHLER LIE: MY OPINION. AT .15 PERCENT MOST DRUNKS ARE SEEING DOUBLE AND SLURRING THERE WORDS. yet THE DA SAID ALCOHOL HAD NOTHING TO DO WITH AHLER HITTING AND KILLING THAT PEDESTRIAN. I REITERATE... BULLSHIT) according to the decision by the California State Personnel Board.

After the fatal Sept. 18, 2001, crash, he served ONE night in jail, pleaded  guilty to "misdemeanor drunken driving," paid $1,200 in fines and had to  attend counseling and ONE session in which victims described the impact of drunken driving on their lives and those of their loved ones, court records show. Ahler has been an administrative law judge with the Office of Administrative Hearings in San Diego since 1994, typically hearing  similar cases in which professionals have their licenses suspensions or revoked

BUT HOW AHLER  SUFFERED HE CLAIMS!
 Because of his conviction, Ahler – who had been promoted in June  2001 from a position paying $102,614 annually to a higher rank as an  administrative law judge specialist, which pays $107,641 – was demoted. HE HAS SINCE MADE UP THAT SALARY DIFFERENCE MANY TIMES OVER - UNLIKE the "discipline" shoveled out to MOST OF AHLER'S VICTIMS OTHER WISE KNOWN AS  "DEFENDANTS" when FORCED INTO AHLER'S KANGAROO COURT. 

WWHATEVER  THE AGENCY WANTS.  PAID FOR BY HUGE LAW FIRMS FOR THESE "Agencys" i.e. Government or school district employees. 

But H. JAMES AHLER KEPT HIS JOB!  How many paychecks a month does Alher get? (Or perhaps he's paid in cash for his services to these agencies and their attorneys?) Ahler told officers when he was arrested that he drank three glasses of  wine within an hour of the crash, according to documents from the  personnel board, which hears appeals from state employees who feel they've been wrongly disciplined.

In Vista Superior Court, Ahler admitted his blood-alcohol level at the time of the crash was .15 of a percent, nearly twice the .08 of a percent at which California motorists are presumed to be too drunk to drive.

Compare "Dickless" James Ahler's own behavior with the average "discipline" afforded most drunks who kill another human while driving intoxicated! Don't take my word look this up yourself. But don't bother asking Sacramento! No one seems to want to talk about Ahler's Behavior. This includes the AG's office, Jerry Brown's office, the supervising ALJ appointed by Brown.

Ahler was not charged with killing 67-year-old Charles Ames of Escondido because his drinking didn't contribute to the death, said prosecutor Evan Miller. He admitted to being drunk while driving but that drunken driving didn't contribute? WOW, I want to be President of a local bar, no pun intended, association.

Miller said Ames (the pedestrian), whose own blood-alcohol level was reported to be .28, crossed against a red light in a dark corner wearing dark clothing. None of a half-dozen witnesses to the crash saw him before impact, he said. (Sorry but that  sort of surprise on the road happens 2-3 times in the experiences of most drivers ,SOBER drivers and in similar circumstances almost NEVER end up in a COLLLISION LET ALONE A FATALITY involving a pedestrian at an intersection. Most are lit anyway.)  How the hell were there six witnesses at four A.M. anyway? Were they all
NNorth County San Diego attorneys?

Defense lawyer Daniel Cronin said Ahler was "not responsible for the death." )

"The pedestrian ran out in front of him,"Cronin said. "It would have happened if he was stone cold sober." (AND NOT PAYING ATTENTION TO THE ROAD, TRAFFIC LIGHTS OR HIS VEHICLES SPEED.)

Ahler challenged the demotion, which took place during the standard probationary period relating to the June 2001 promotion (SO INSTEAD OF REMORSE, ALJ H.JAMES AHLER IMMEDIATELY STARTED TO WHINE AND BITCH IN PUBLIC ABOUT NOT GETTING A $102 DOLLAR A WEEK RAISE)

In his defense, Ahler argued that his supervisors should have simply written a letter disapproving his actions, not taken away his promotion.  He said that, except for the conviction, he continues to do his job well.

Lawyer Everett Bobbitt, who represented Ahler before the personnel board, said the demotion was too harsh, especially because Ahler continues handling complicated cases and deserves the higher rank.

"It's really not a demotion. They're just taking money away," Bobbitt said. "The work hasn't changed at all." But an administrative law judge with the State Personnel Board ruled Ahler violated his duty as a judge by driving drunk. (Yep, he's still doing a piss poor job  that his reputation demands)

"Such conduct does not comply with the law, does not promote public confidence in the integrity of the judiciary and demeans the judicial office," Judge William A. Snyder wrote two weeks ago, paraphrasing the Canons of Judicial Ethics in his decision upholding Ahler's 

demotion.

Snyder said some of the people coming before Ahler might question his impartiality. He noted that Ahler and his colleagues decide whether OR NOT TO FIRE AND DESTROY THE LIVES OF AHLERS JUCICIAL VICTIMS IN MUCH THE WAY HE KILLED THAT PEDESTRIAN - WITH IMPUNITY.

WHY DOES JERRY BROWN AND KAMELA HARRIS ENDORSE THIS FOOL'S BEHAVIORS BOTH ON AND OFF THE BENCH... PROBABLY BECAUSE THEY DON'T WANT TO ACKNOWLEDGE HE AND HIS BEHAVIOR ON THE BENCH EXIST AT ALL. IGNORE IT AND IT WILL GO-AWAY. 

H. JAMES AHLER IS NOT GOING ANYWHERE HIS PRESENCE WITH OAH IS THE FAULT OF THE GOVERNOR AND  ATTORNEY GENERAL KAMELA HARRIS. AHLER WILL BE THEIR RESPECTIVE LEGACYS IN MY MIND WHEN I THINK OF JUDCIAL MISDEEDS

.http://schoolcounselingvideocast.blogspot.com/2012/09/blog-post_14.html

OPEN LETTER TO GOVERNOR JERRY BROWN - FIRE JUDGE H. JAMES AHLER

August 12, 2012

Honorable Governor Jerry Brown,

Honorable Kamala Harris, Attorney General of California

Honorable Linda Cabatic, OAH supervising ALJ

PRA coordinator

Full Disclosure, Chief News Editor

CNN Regional News Editor

Let me ask what I am sure is and has been known in Sacramento for a decade. What circumstances has allowed a man convicted of killing a pedestrian while driving intoxicated, (by State standards), to remain as an Administrative Law Judge until now? To my knowledge, he was never disciplined for the manslaughter of the pedestrian in Vista, CA where he sits at the head of the North County Bar Association. 

In my opinion, he unofficially sits as paid "in-house Judge" for the likes of a private law firm, Friedman, Fagan and FulFrost. This firm represents almost 420 school districts. Ahler has the well-deserved reputation as executioner over the lives and careers of hundreds of educators. Almost all of these educators are denied the legal due process demanded by law, contract, the CTC and California Ed Code standards for disciplining educators. 

Ahler appears oblivious. Yet H. James Ahler's victim's family is denied closure or justice because Ahler appears to have skated under the radar by virtue of his office and connections made while in that office, according to The San Diego Tribune. Governor Brown, how can someone convicted of a misdemeanor for killing a man walking home while Ahler was about on a drunken stupor - BEHIND THE WHEEL - ever sit in judgment of anyone’s employment?

I have started investigating Judge Ahler’s association with large law firms representing (Government funded) public schools and against educators all at the top of their districts pay scale. Ironic? I am sure I will have a considerable amount more to ask once the investigation is concluded. However Governor Brown Sir, the question remains. How does a man like Ahler sit as lawfully employed Judge in any venue in California under your watch?

Under your watch Sir, you appointed Linda Cabatic to replace the former OAH supervising judge. I am sure you saw the need for change of the quasi-constitutional and quasi ethical tribunal. Despite your efforts, nothing of substance has changed and Administrative Law Judges like James Ahler sit in judgment and in Ahler's case specifically; while having escaped fair judgment himself. Ahler is an example why the OAH is universally seen as the new extension to Public School District’s hiring and firing process and their ability to cull highly paid Educators from the payroll. In turn more educators are having to sue their districts in Civil court to find a remedy. Ultimately, this ends up costing the local tax payers hundreds of thousands of dollars in unnecessary attorney’s fees and judgments every year.

 No Educator enters this process expecting any semblance of 'justice,' especially when agency attorneys can depend on the strategy of a last minute motion to remove a presiding ALJ and without notifying the defendant, pull Ahler in. 

Ahler himself has been suspended for his overt acts to control the outcome of OA hearings in favor of the agency (e.g. OAH hearing Maura Larkins, San Diego.) As Governor, why would you allow the likes of H. James Ahler to represent the OAH of our State? Yet, Ahler remains a dirty little secret of California's legal system. Ahler represents a significant stain on your administration and bane to the CTC's efforts to keep good educators. I hope you will order an investigation of H. James.

FDN’s video “The Cost of Courage.” Richard I Fine's fight against judical corruption, Los Angeles and California.

Thank you for your personal attention to this matter.

Sincerely,