Mamaroneck Schools Sued; Teacher's Sentencing Postponed
by Judy Silberstein

(January 10, 2007) Law suits were filed in federal court on January 5 against a former music teacher, the Mamaroneck School district and three of its administrators on behalf of two families of Hommocks girls who allege the teacher repeatedly seized them, held them on his lap and tickled them.

The teacher, Omar Rodriguez, plead guilty in October to statutory rape of a 16-year-old teen and one count of endangerment involving inappropriate touching of a Hommocks girl. The plea came with a 10-year sentence of "shock probation" that includes up to 6 months in jail. Formal sentencing was to be on January 11, but at the request of the defense attorney, sentencing has now been moved to Feburary 8.

The civil suits against Superintendent Dr. Paul Fried, Assistant Superintendent for Administration and Personnel Rosemarie Coletti, and Hommocks Principal Dr. Seth Weitzman allege that they were responsible for the hiring, training and supervision of Mr. Rodriguez, which led to “sexual assault and battery” of the girls and the violation of their rights under the Fourteenth Amendment to be “let alone; to attend school without being physically abused and to be afforded bodily security.”

The two families, whose girls were 12 when the abuses allegedly began, are represented by separate Mamaroneck-based attorneys, Lisa Fantino and Paul Noto, a former Mamaroneck mayor and Westchester legislator. Another family originally represented by Mr. Noto declined to pursue the suit.

The plaintiffs are asking for monetary damages and changes in school policies. “We will leave the money up to the jury,” said Ms. Fantino. The policies are “to not only educate teachers and administrators with regard to antidiscrimination policy but to implement them as well.”

At their regular meeting on Tuesday, January 9, the Mamaroneck School Board accepted recommendations from the district’s insurance carrier, the New York Schools Insurance Reciprocal (NYSIR), to retain the law firm Congdon & Flaherty to represent the district and the three administrators. Costs of defending the suit will be covered by insurance.

Timing of the Suit
The filing of the suit is only coincidentally occurring in the same week that Mr. Rodriguez was to be sentenced. According to Mr. Noto, in the last few months he was able to obtain a number of documents to support claims that school authorities knew what was happening but ignored the situation. “It’s obvious they knew what was going on – the jokes, the tenor," said Mr. Noto. “Dr. Weitzman didn’t seem to care.”

The documents include a confidential sexual harassment allegation investigation report prepared by Ms. Coletti and submitted to Dr. Fried following a Hommocks girl's complaint on December 15, 2005. There are also statements to the Mamaroneck Town Police by students and staff recorded in April and May of 2006 after Mr. Rodriguez’s removal from the classroom.

The police records were obtained through requests under the Freedom of Information Law (FOIL). Mr. Noto said he “worked through other channels” to get the school report, which is not subject to FOIL. The documents provide details - previously unreported - on the timing of school district investigations and responses.

Confidential Report by Assistant Superintendent Coletti:
According to the report, the girl complained to a teacher and a guidance counselor that when she accompanied Mr. Rodriguez to his room for an internet search of holiday gifts, the teacher turned off the lights, blocked the door window with a portable chalkboard and later pulled her onto his lap, typed at the computer with his arms around her, hugged her and briefly rubbed her knee. Mr. Rodriguez told Ms. Coletti that it was the student who sat down on his lap. He denied moving the chalkboard or touching her knee, but “acknowledged that he is generally very affectionate with all of the students” in “very playful ways” to make them comfortable with him.

The assistant principals said they had not received other similar complaints, but acknowledged the teacher often hugged students. Assistant Principal Larry Keane recalled telling Mr. Rodriguez in 2004 or 2005 that “he needed to be careful that people didn’t misinterpret what he was doing.”

Ms. Coletti concluded, “while Mr. Rodriguez may have engaged in inappropriate behavior” the evidence did not support a determination that “the behavior rose to the level of sexual harassment.” She recommended issuing a counseling memorandum.

The district did not report the December 15 incident to the police.

Police were contacted on April 4 following a school investigation triggered when students found suggestive photographs in the teacher’s room on March 23. Mr. Rodriguez was removed from the classroom on March 29 and ultimately charged with child endangerment of 9 Hommocks students as well as statutory rape of the Connecticut teen. Police conducted their own investigation in April and May that led to the arrest of Mr. Rodriguez on charges of child endangerment.

Police Reports from Students & Staff
Among the police reports was a strongly worded statement from Michael Kollmer, an experienced music teacher at Hommocks assigned to mentor Mr. Rodriguez, which opened with praise for the younger man’s teaching talents but said, “He exhibited problematic behaviors from the beginning of his employment in the school." These included “not maintaining a professional distance with students… most obvious in his habit of hugging children in the school.” The behaviors continued despite numerous warnings from Mr. Kollmer and other staff members that they could be misinterpreted. Mentors’ opinions are not part of the tenure process, but Mr. Kollmer “was amazed” that Mr. Rodriguez received tenure in 2005.

Further, Mr. Kollmer reported numerous “vulgar” and “unrelated sexual comments” by Mr. Rodriguez to staff, including a “disturbing joke” about female students: “If there is grass on the field, it is time to play.”

Statements to the police from students described multiple occurrences, from as early as 2002, of Mr. Rodriguez pulling girls onto his lap, holding their waists so they could not get up and stroking their backs. In some cases, the girls said Mr. Rodriguez touched their chests or sides of their breasts. One girl supplied transcripts of an Instant Message exchange with the teacher in which he said “no one should know you have my SN [screen name]" and she referred to him as “creepy.” A recurring comment from the interviewed girls: “it made me feel uncomfortable.”

According to Mr. Noto, the students were targeted because of their gender and the district had knowledge of it. “At least 20 kids were involved and none were boys,” he said.

Ms. Fantino said her client “has suffered emotionally - she doesn’t know which adults to trust anymore.” The parents are “outraged that the people they trusted the care of their daughter to were not worthy of that trust. The schools failed to make the grade when it came to protecting these students."

District Response
"This situation has caused us to consider what else we, as an organization, can do to be even more vigilant in providing a safe environment for our students," said Dr. Fried in a release issued Wednesday, January 10. He described a June 2006 district training session for all staff on reporting requirements of child abuse and sexual harassment and said the district will continue to review its policies and practices. "Of vital importance is ensuring that students and parents feel secure in coming forward whenever a student is made to feel uncomfortable in any setting," he added.

Former Hommocks Teacher Pleads Guilty to Statutory Rape
by Judy Silberstein

(October 26, 2006) Six months after he was removed from the classroom, a Hommocks music teacher has plead guilty to one count of statutory rape of a 16-year-old girl from Connecticut and one count of endangering the welfare of a minor that involved inappropriate touching of a Mamaroneck student.

The plea by Omar Rodriguez, 27, comes with a 10-year sentence of “shock probation” that begins with up to 6 months in jail. The exact terms will be announced at a hearing on January 11, 2007.

Appearing before Judge Rory Bellantoni in Westchester County Court on Thursday morning, October 26, Mr. Rodriguez also agreed to abide by a 10-year order of protection barring him from contact with the 10 girls he was charged with harming. Further, Mr. Rodriguez will be registered for 10 years as a sex offender under Megan’s Law (officially entitled the Sex Offenders Registry Act). He will also give up his license to teach.

"We are gratified that the criminal justice system has addressed this matter and that justice has been served," commented Mamaroneck Schools Superintendent Dr. Paul Fried. "Mr. Rodriquez has not been on the district payroll since June. We look forward to having the separation of our relationship completed," he added.

The statutory rape charge against Mr. Rodriguez involved a sexual relationship that was carried out between him and a 16-year-old Connecticut girl in his Mamaroneck Village apartment. The girl contacted Mamaroneck police in the wake of widespread media coverage following the April 7 arrest of Mr. Rodriguez on charges of endangering the welfare of a minor. Ultimately, Mr. Rodriguez was charged with forcibly pulling or attempting to pull 9 different girls onto his lap and tickling them. Multiple instances were alleged to have occurred at the Hommocks between September 2003 and November 2005. (See: Ninth Charge Brought Against Hommocks Music Teacher.)

The plea came a month after the DA’s office announced it would be seeking an indictment and referring the case to the grand jury. (See: Hommocks Music Teacher To Be Indicted.) Today’s development suggests that the possibility of a grand jury proceeding was sufficient to overcome whatever obstacles had stood in the way of resolving the case without a trial.

In agreeing to the plea, Mr. Rodriguez may be able to avoid most, if not all, jail time. He was potentially facing up to 4 years for the statutory rape and one year for each charge of child endangerment. In agreeing to shock probation he reduces his risk to a maximum of 6 months in jail, which could be reduced even further, depending upon the outcome of a pre-sentence study.

Shock probation for a sex offense is not unusual in Westchester. The NY Times reported this month that shock probation with a 6-month jail stay was the typical sentence applied to offenders caught up in “Internet sex stings” under the previous Westchester DA, Jeanine F. Pirro, now a candidate for NY attorney general. (See NY Times: In Sex Arrests Hailed by Pirro, Little Jail Time.)

Hommocks Teacher Now Charged With Statutory Rape
16-Year-Old Girl Is Not a Hommocks Student
by Judy Silberstein

(April 11, 2006) The Hommocks music teacher first charged with 6 counts of child endangerment in the Town of Mamaroneck on Friday, April 7, was arrested and charged with two counts of 3rd degree rape (statutory rape) in the Village of Mamaroneck on Monday, April 10. Village Justice Richard Lanza ordered Omar Rodriguez, 28, remanded to the Westchester County Jail on cash bail of $150,000 or $1million bond. If convicted, Mr. Rodriguez faces up to four years in jail on each count. (See: Hommocks Teacher Charged With Child Endangerment.)

According to the Mamaroneck Village police, publicity from the first case motivated a Connecticut 16-year-old girl and her parents to come forward to report the sexual contact to the Mamaroneck Town police. Both incidents are alleged to have occured in Mr. Rodriguez' apartment at 707 Palmer Court in Mamaroneck Village, the first in December of 2005, the second in February of 2006.

A search warrant was obtained for the apartment on April 8; police retrieved unspecified evidence. Following further investigation, Mr. Rodriguez was charged with the two counts of rape on April 10. There is a continuing investigation, with the possibility of further charges being brought.

Mr. Rodriguez was first arrested on the child endangerment charges based on information brought forward last week during interviews with Hommocks students by school officials and Town of Mamaroneck police. If convicted on those charges, Mr. Rodriguez would face penalties of up to a year in jail on each count.

Mr. Rodriguez has been the chorus teacher at the Hommocks for the past four years and obtained tenure in 2005. (See: Tenure Goes to 33 Teachers in Mamaroneck.)

Paul Noto, a local attorney and parent of a Hommocks 8th grade girl who is not involved in the case, said he is currently representing two families whose daughters had been interviewed by school officials. Mr. Noto said the parents came to him because they were uncomfortable and unsure of what to do. The parents ultimately went to the Town of Mamaroneck police. Mr. Noto said the police interviewed over 20 students before bringing child endangerment charges against Mr. Rodriguez. "This is a pretty devastating experience; a boundary has been crossed, a trust has been broken," said Mr. Noto.

The school district confirmed in a statement on April 10 that a Hommocks music teacher had been arrested. "The district had notified the police and the State Commissioner of Education, as is required under the law, based on allegations made by students and an internal investigation of those allegations," the district stated. "Our concern now is to provide support for our students, parents, faculty and staff." Counselors, psychologists and administrators will be available during the school vacation and after school reopens.

Two New Charges Filed Against Hommocks Teacher
by Judy Silberstein

(May 11, 2006) Omar Rodriguez, the Hommocks music teacher suspended from classroom duties since early April, was arraigned on two new counts of child endangerment in the Town of Mamaroneck on Monday, May 8. This adds to the six counts of child endangerment already brought by Mamaroneck Town on April 7 and the one charge of statutory rape involving a Connecticut teen brought by Mamaroneck Village against Mr. Rodriguez on April 10. (See: Hommocks Teacher Charged With Child Endangerment and Hommocks Teacher Now Charged With Statutory Rape.)

According to Mamaroneck Town police accounts and court records received April 10 and May 8, all eight children appear to be girls between ages 11 and 14. All counts involve allegations that the defendant forcibly pulled or attempted to pull the victim onto his lap on multiple occasions (ranging from two to over fifty) and to tickle her stomach, back, torso, and/or thigh. One count alleges the defendant “did touch the side of her breasts.” The allegations relate to events going back as far as September 2003 in one case and January 2004 in another; all other allegations go back to before November 2005.

“There are no charges of sexual abuse of any Mamaroneck children,” noted Andrew Rubin, Mr. Rodriguez’ attorney, when reached for comment. Mr. Rodriguez was released from the Westchester County Jail on bail on April 24, and is now scheduled to return for court dates in Mamaroneck Town and Mamaroneck Village during July.

Timing of the Investigation
Police have declined to discuss when they initiated their investigations; a request to police under the Freedom of Information Law was denied. At a parent meeting on May 3, Superintendent Dr. Paul Fried described a two-day investigation on April 5 and 6 that led to Mr. Rodriguez being reassigned to home; however, in response to further questions, he said, “I can’t discuss timetables.” (See: District Holds Parent Meeting on Arrested Teacher.) Asked this week about whether separate administrative actions have been initiated against Mr. Rodriguez by the schools, spokesperson Joan Rosen said, “That is a personnel issue and therefore we cannot comment on it.”

The issue of timing has been raised by Paul Noto, a local attorney and parent of a Hommocks student, who is representing three families with children alleging they were inappropriately touched. He told the Gazette that one family complained about Mr. Rodriguez to the Hommocks principal, Dr. Seth Weitzman, in November of 2005. Mr. Noto said the incident involved the child being tickled, pulled on the teacher’s lap, and locked in a room with him.

According to Mr. Noto, he was told by an employee of the district that school administrators, including Rosemarie Coletti, the Assistant Superintendent for Personnel, met with Mr. Rodriguez in November, December and January, and that Ms. Coletti issued a subsequent report. “This report acknowledges that Mr. Rodriguez’ behavior was a problem in the school, and I believe it laid out recommendations that - I assume - were not followed,” said Mr. Noto.

It was not possible to get comment from the district on the report – or even on the existence of the report. “ A report about an investigation of a particular teacher's behavior is a personnel matter and therefore would not be subject to FOIL (Freedom of Information Law) disclosure,” said Ms. Rosen.

However, she was able to say, “ When an investigation reveals information that causes us to have ‘reasonable suspicion of child abuse in the educational setting’ we have a responsibility to take action, which we did in the case of Mr. Omar Rodriguez.”

Parents will be receiving a letter in the next few days from Dr. Weitzman summarizing information from the May 3 parents meeting and outlining advice from Dr. Mark Levy of the Mamaroneck Community Counseling Center on how to discuss the recent incidents and similar situations with children.

Mamaroneck Schools Double-Check Prospective Employees
by Judy Silberstein

( October 22, 2002 ) No matter how distinguished your educational resume, if you want to work for the Mamaroneck School District, you have to pass two additional hurdles. First, you must clear the criminal history background check, and then your fingerprints must clear as well. Recently, schools in Harrison and Port Chester have run afoul of background check regulations leading to the temporary or permanent removal of staff and the resignation of the Harrison superintendent.

In Mamaroneck, new employees are subject to fingerprint requirements mandated by New York State since July 1, 2001. According to Assistant Superintendent for Administration and Personnel Rosemarie Coletti, the district has actually been taking fingerprints of new employees in-house and shipping them to the State Education Department for processing. In addition, the district contracts with a security firm to run additional background checks.

While the process can be cumbersome, taking two days for the criminal history check and over six weeks for the fingerprint check, Mamaroneck begins hiring new teachers so early in the year that there is rarely a problem waiting for the checks. Further, the state typically issues a conditional clearance within a month that allows an employee to begin working on a provisional basis. The $74 cost of fingerprinting is born by the prospective employee and does not impact the school’s budget.

So, how effective is the new process at weeding out unsuitable employees? To date, Coletti has uncovered few skeletons in the closets of prospective hires. “There have been occasions,” she noted, “where individuals have refused to be fingerprinted and, therefore, are not offered employment.”

“Even with these procedures in place, said Superintendent Sherry King at the October School Board meeting, “the best way to ensure safety is to be vigilant and get to know the people who work in our schools.”