Teachers put on leave over classroom sexBy Reid R. Frazier
TRIBUNE-REVIEW
Friday, January 6, 2006
McKeesport officials have hired a lawyer to investigate whether the school district should fire two fourth-grade teachers who had sex in a classroom several years ago while other teachers stood watch at the door, officials said Thursday.
The district placed Patrick Collins, 54, former teachers union president, and Angela DiBattista, 50, on paid leave Wednesday while attorney Carl Beard of Altoona conducts the investigation.
Collins and DiBattista admitted they had sex inside her Cornell Intermediate School classroom several times and in a school bathroom between 1999 and 2001, according to an arbitrator's report obtained by the Pittsburgh Tribune-Review.
Neither Collins nor DiBattista, both of McKeesport, would discuss the report.
School Solicitor Jack Cambest said officials learned of the classroom liaisons last spring while preparing for a grievance hearing for Collins. The district fired Collins in September 2004 over DiBattista's claims that he had harassed and stalked her.
The teachers' admissions of classroom liaisons stunned officials, Cambest said.
"Normally, you don't have someone admitting to a possible violation of the Public School Code during an arbitration hearing," Cambest said.
In Pennsylvania, the school code states teachers can be fired for "conduct which offends the morals of the Commonwealth and is a bad example to the youth ..."
In August, arbitrator William J. Miller Jr ordered the district to reinstate Collins with back pay, ruling that he had wrongly been singled out for discipline. Miller dismissed allegations Collins had harassed DiBattista.
Pennsylvania State Education Association lawyer Robert Abraham said McKeesport lacks grounds to fire the teachers. The union represented Collins.
"They sat on this for nine months, and now the only reason they are doing anything about it is because of the publicity it will cause," Abraham said. "It was a personal matter between two teachers that had no effect on students, that had no effect on their ability to teach."
John Zoscak, DiBattista's attorney, said school officials had promised his client immunity in exchange for her testimony against Collins.
Collins, a district teacher for 31 years, is paid $73,703 annually. He now teaches at Francis McClure Intermediate School in White Oak. DiBattista, a 12-year veteran, is paid $50,168.
The report states teachers Michael Cherepko, 28, and Nicole Lundberg, 30, guarded the classroom door during the encounters. They said they thought Collins and DiBattista were only embracing. No children witnessed the encounters. The district is also considering disciplinary action against Cherepko and Lundberg.
Cherepko, a McKeesport councilman since 2004, and Lundberg were to whistle or call out to Collins and DiBattista if anyone approached the classroom, according to the report. Neither Cherepko nor Lundberg would comment.
Cambest said the district waited until now to take action because officials had to sort out legal issues. The district last month requested proposals from several high-profile law firms to head up the investigation. Beard will be paid $145 an hour.
Beard will present recommendations to Superintendent Patrick Risha, and the school board will vote on any disciplinary action, Cambest said. No timetable has been set.
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