District Suspends, Begins Dismissal Proceedings Against Longtime Teacher Accused of Sexual Battery

Parents have been stunned to learn a popular teacher at Harper Junior High School has been suspended, pending a hearing of the California Commission on Professional Competence and possible criminal proceedings, after being charged with sexual battery.

Several were skeptical of the charges, noting that the teacher, John O’Brien, has been considered a very good teacher but has had some disagreements with administration.

As one parent noted to the Vanguard, “I am really concerned that the district is proceeding with termination when Mr. O’Brien has not been convicted of anything.”

The Vanguard received a press release from the school district late on Friday afternoon, indicating that Winfred Roberson, Davis Joint Unified School District Superintendent, today sent an urgent communication informing parents, staff and the school community about an issue involving a DJUSD employee.

According to the press release, “The Superintendent’s electronic communication was released today at 4:00 pm with information that Mr. John O’Brien, a teacher at Harper Junior High School, has been charged with sexual battery and a warrant has been issued for his arrest.”

“Our number one goal is always to keep students safe. We take these matters extremely seriously,” Superintendent Roberson said. “To the best of our knowledge, the alleged events that led to the warrant for Mr. O’Brien’s arrest did not occur on a school campus.”

Tim Taylor, vice president of the school board, said, “The District’s own internal investigation led to the Board’s decision to begin the dismissal proceedings with the intention of terminating Mr. O’Brien’s employment. He has been placed on unpaid administrative leave pending the outcome of a dismissal hearing with the California Commission on Professional Competence.”

The press release added, “The school district encourages parents and students with questions or concerns to speak with their school principals or counselors. The superintendent is making himself personally available to those who may wish to meet with him about concerns.”

Harper Jr. High Principle Kerin Kelleher wrote parents, “The school district has been notified that a teacher at Harper, Mr. John O’Brien, has been charged with sexual battery and a warrant has been issued for his arrest. The Board of Education has begun dismissal proceedings with the intent of terminating Mr. O’Brien’s employment. Mr. O’Brien has been placed on unpaid administrative leave pending the outcome of a dismissal hearing with the California Commission on Professional Competence.”

She added, “To the best of our knowledge, the alleged events that led to the warrant for Mr. O’Brien’s arrest did not occur on a school campus.”

She concluded, “This is a difficult time for Harper. I encourage you to talk to your children and find out if they have questions or concerns. Our counselors are available to meet with anyone who needs to be seen. I am also available if you or your child have questions or concerns. We will be working to fill Mr. O’Brien’s position as soon as possible.”

Superintendent Winfred Roberson’s letter said: “This is to inform you that that a district employee, Mr. John O’Brien, from Harper Junior High has been charged with sexual battery and a warrant has been issued for his arrest. The Board of Education has begun dismissal proceedings with the intent of terminating Mr. O’Brien’s employment. Mr. O’Brien has been placed on unpaid administrative leave pending the outcome of a dismissal hearing with the California Commission on Professional Competence.

“To the best of our knowledge, the alleged events that led to the warrant for arrest did not occur on a school campus.

“I want to assure you that safety of our students is always the first priority in our school district. We take these matters seriously, and we do not tolerate any behavior that compromises the moral and ethical standards to which we hold our educators.

“Fortunately, our district is comprised of a team of talented and dedicated professionals who are working every day to give students the knowledge and tools to succeed. Please be assured that if there are ever allegations of any possible inappropriate conduct by an employee, it will always result in immediate investigation and appropriate action.

“This is another difficult moment for our school district, and we ask you to be sensitive to the situation and to the feelings of others. Please consider talking to you children, and if they have questions or concerns, please have them contact their school counselor. If you have questions or something you want to share, please contact your school principal or you may reach me directly at wroberson@djusd.net.”

He added, “This is a priority for my office and I am personally committed to ensuring that we do everything in our power to keep students safe and in the care of dedicated and skilled professionals.”

The Vanguard will update this situation as more details become available.

—David M. Greenwald reporting

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  • David Greenwald

    Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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24 comments

  1. I won’t believe one word of this nonsense until some serious evidence is presented. Mr. O.B. was a wonderful teacher.
    Wonder what the probable cause was?

    ARRESTED, not convicted. Hope everyone remembers he is innocent until PROVEN guilty.

  2. I don’t know all that’s involved with termination proceedings, but I’m surprised that the announcement was made public (I thought matters of employment were supposed to be confidential.  Only that initial hirings and final terminations were announced) and that it was done before a court’s guilty verdict was handed down.  What happens if he is given a verdict of not guilty?

    It certainly seems appropriate that he be placed on administrative leave, and if he were proven guilty, then termination certainly makes sense.

    1. I was just told that because O’brien’s name was released to the public through the arrest warrant, that the confidentiality was a moot point.  That the termination proceedings rely on discovery of evidence that would parallel the criminal investigation.

    2. Completely agree. My guess is that they figured this was going to get out when the arrest and arraignment became public, but it’s very strange for them to be talking about a personnel matter in these terms.

      1. No, it’s not.  The officer involved in the Missouri shooting of a young man was known in the press to be on “administrative leave” within hours of the incident.  the headline that this implying ‘first step to dismissal’ is prejudicial, at best.  The story is appropriate reporting.  The headline is sensationalism, in my view.  David, are you descended from WR Hearst?  Genetics may be telling…

  3. wdf1 wrote:

    > I don’t know all that’s involved with termination proceedings, but

    > I’m surprised that the announcement was made public (I thought

    > matters of employment were supposed to be confidential.

    Since the “warrant for his arrest” is “public” the school needed to let everyone know or risk a lawsuit (just like a private daycare would have had to let people know if Daniel Marsh was an employee and had a “warrant for his arrest” issued…

    I hope the guy didn’t do it, but today schools and business today are forced to do a lot more than they used to in order to avoid lawsuits.

    P.S. to Highbeam, I think Harper “Junio” High should be “Junior” High

    1. “Since the “warrant for his arrest” is “public” the school needed to let everyone know or risk a lawsuit ”

      I’ve been doing this long enough to to be able to say, you may think that, but I’ve never seen something like this publicized in this manner.

        1. David… your statement that the charge is “questionable”  further comprimizes your choice of headline.  Unless you were fishing for reactions.  Which I think you were.

      1. David wrote:

        > I’ve been doing this long enough to to be able to say,

        > you may think that, but I’ve never seen something like

        > this publicized in this manner.

        Fortunately it is rare that a teacher is charged with sexual battery, but do you know of other times when a school employee was charged with sexual battery where the school kept quiet about it?

        The male on female stuff is usually kept a little quieter, but any time a female teacher does something to a male student it is national (man bites dog) news and the comment sections of papers from coast to coast go nuts with “why didn’t I have a teacher like that” comments from guys…

        P.S. I bet half the people in America know who Mary Kay Letourneau is so it is not like this stuff is “never’ made public…

        http://www.zimbio.com/The+50+Most+Infamous+Female+Teacher+Sex+Scandals

         

      2. How about the reporting of a local priest being charged, and put on admin leave even before he was arrested?  Know that the Emptyprise, and perhaps you did that.

  4. I received one of Superintendent Roberson’s emails yesterday afternoon and was quite surprised to see the details of Mr. O’Brien’s suspension and termination proceedings described therein.

     

  5. guilty until proven innocent.  why wouldn’t the district simply state: he’s suspended pending investigation and then allow additional information to come from the police rather than tim taylor and winfred roberson

    1. Good point.  Except there are many other readers [not me] who would opine that the district officials would be accused of stonewalling or being secretive, had they not said more than they should have.  Two-edged sword.

  6. “To the best of our knowledge, the alleged events that led to the warrant for arrest did not occur on a school campus.”

    OK, DJUSD covering their own rear, but “no comment” on the allegation.  Tim is an attorney, who I respect big time [professionally and personally], and the key word is “alleged”.

  7. Sorry all, for multiple posts… just getting ‘pissed’ on this… nowhere in David’s article do I see where a child/student was the object of the allegation(s).

  8. Now the bell can never be unrung. Yet, his accuser, even if an adult, will receive protection from the media. Or, if charges later dropped, his accuser will suffer no real consequence for destroying a fine teacher’s reputation. When was the last time an accuser had to pay back all the legal defense bills to the falsely accused? One poster seemed to justify this gossip by stating the school has to protect itself from a lawsuit? Really? Who protects Mr. O.B. from all the expense he will now have to incur to defend himself? Where can I donate to his defense fund?

  9. Real students’ comments about this fine teacher, on the website rate your teacher:

     01/26/05 – Hes the best

    Easiness 5.0
    Helpfulness 5.0
    Clarity 5.0

    5.0Overall Rating
    Flag Rating

    12/15/04 – Agree with everyone else.

    Easiness 4.0
    Helpfulness 5.0
    Clarity 5.0

    5.0Overall Rating
    Flag Rating

    09/19/04 – mr. o’b is a really fun teacher.

    Easiness 4.0
    Helpfulness 5.0
    Clarity 4.0

    4.5Overall Rating
    Flag Rating

    01/07/04 – i had him for 7th grade and in 8th grade i could always come to him for help.

    Easiness 3.0
    Helpfulness 5.0
    Clarity 5.0

    5.0Overall Rating
    Flag Rating

    12/20/03 – AGREE WITH ALL OF THE ABOVE!!!!!:)

    Easiness 4.0
    Helpfulness 3.0
    Clarity 5.0

    4.0Overall Rating
    Flag Rating

    12/17/03 – This guy is the man

    Easiness 5.0
    Helpfulness 5.0
    Clarity 5.0

    5.0Overall Rating
    Flag Rating

    05/17/03 – Mr O’Brien is the tightes teacher in this whole school i don’t care what you say!!!

    Easiness 5.0
    Helpfulness 5.0
    Clarity 5.0

    5.0Overall Rating
    Flag Rating

    05/09/03 – OBrien is the bomb!, even though sometimes i kind of think he is strict!:o)

    Easiness 4.0
    Helpfulness 4.0
    Clarity 5.0

    4.5Overall Rating
    Flag Rating

    05/08/03 – ob is fun and very cool and helpful

    Easiness 4.0
    Helpfulness 5.0
    Clarity 4.0

    4.5Overall Rating
    Flag Rating 

  10. To help try and clarify comparison or distinction between an administrative (i.e., employment status) action and criminal process, there is no legal requirement that one must interrelate with the other.  Though they both arise out of the same alleged violation, each process is seen as independent actions.

    With that clarification, however, it is not uncommon for the accused to essentially “plea bargain” both charges simultaneously. An example would be where a defendant/employee would voluntarily resign and waive due process hearings. On the criminal charge, the same person would plead guilty, but to a lesser charge or a guarantee of no incarceration.

    Employers, at their discretion, may also delay job sanction ruling pending the result of the criminal proceeding. The obvious inference here is that the criminal finding has great weight in any considered discipline by the employer.

  11. the same person would plead guilty, but to a lesser charge or a guarantee of no incarceration.”

    And, in this type of potential plea bargain, he’d possibly be placed on a sex offender registry where he would be monitored by law enforcement and crazy vigilantes for the rest of his days. If innocent, this is not justice. Even if he eschewed the plea bargain offer, when released from jail, after serving his time, he’s still be possibly placed on a registry.

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