Kelly Clark: Child Sex Abuse Attorney, Portland, Oregon

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Portland Man From Nampa Suing LDS & Boy Scouts

KTRV - Fox 12, Boise, Idaho

Nampa, Idaho -- A former Nampa teenager is suing The Church of Jesus Christ of Latter day Saints and the Boy Scouts for 5-million dollars, claiming he was sexually abused.

The man who’s now 54-years-old, says it happened decades ago.

Why is the lawsuit being filed now?

The Idaho and Oregon statute of limitations allows it.

Even though the sexual abuse allegedly happened nearly 40 years ago.

Tom Doe’s attorney’s says his client couldn’t continue living in denial.

"There was fondling involved, oral sex, very serious stuff on the continuum, it was not just a light brush or touch", said Oregon plantiff attorney Kelly Clark.

Things have changed over 40 years at the LDS Nampa second ward, but the painful memories for one portland professional of his teenage years growing up in Nampa from 1967 to 1970 at the facility remain.

As well as the camping trips to Oegon where the bulk of the abuse took place.

That’s according to his Oegon attorney, Kelly clark who says " Tom Doe", not his real name, filed the sexual abuse lawsuit against the LDS church and Ore-Ida Council, Boy Scouts of America.

"My client was a boy 12, 13, 14, years old when he was sexually abused by a fellow named larren arnold who was a boy scout troop leader and also a priest youth leader for lds church", said Clark.

Clark says, in 1980 arnold was convicted of felony sexual abuse on a child in Pocatello and is not named in the lawsuit.

But the claim against, what Clark calls the responsible organizations comes after Doe reportedly suffered emotional and relationship problems.

Many years later, allegedly after another adult witness failed to report the abuse.

"My client wasn’t waiting, he never planned to tell anybody, he was going to carry this to his grave with him", said Clark.

Within the last few years, Doe came out of denial.

"Under oregon law the statute of limitations is told, frozen up till three years after the person recognizes they’ve been injured, idaho statute of limitations works the same way, they give people five years", said Clark.

LDS spokesman Craig Rowe released this statement:

"The church of jesus christ of latter day saints has a zero tolerance policy for child abuse and does all it can to help victims and report abuse. It will seriously investigate these decades’ old allegations".

Doe is seeking five-point-one million dollars for physical, mental and medical harm.

"If he was standing here he would say i’m angry at the person who did this to me, i’m angry at the people who let this happen", said Clark.

The LDS Church says it hasn’t seen the lawsuit and raises serious issues the plantiff’s attorney contacted media before the claim was filed.

We were unable to contact the Boy Scouts of America’s national office in Texas for comment.

Accuser files sex abuse lawsuit

Idaho Press Tribune  and The Associated Press

BOISE — A man has filed a $5 million lawsuit against the Boy Scouts and the Church of Jesus Christ of Latter-day Saints, contending they didn’t do enough to stop a Scout troop leader from sexually abusing children.

Scout and church officials said the organizations take such allegations seriously and will investigate the claims even though they happened decades ago. But an LDS church spokesman criticized the plaintiff’s attorney for going to the media before taking the claims to church.

The plaintiff in the suit, only identified as “Tom Doe” in the legal documents, is a 53-year-old man who was born and raised in Nampa, according to his attorney, famed sex abuse claims attorney Kelly Clark.

The lawsuit was filed Thursday morning in Malheur County Circuit Court in Vale, Ore., which is where Clark said the majority of the abuse took place. The plaintiff alleges that Larren Arnold, a leader of his Nampa Boy Scout troop, sexually abused him for about three years, when the victim was between the ages of 10 and 13, and that the abuse left him with debilitating physical, emotional and mental injuries.

“My client worshipped Arnold; (he) thought the sun rose and set on him,” Clark said. Due to the sexual abuse his client received, Clark said his client has suffered a loss of respect for authority figures, of trust in others, and of his spiritual faith.

“He was a very devout person. He grew up in a devout family and had a testimony,” Clark said. “What is loss of faith worth? I know what it’s worth to me, and you can’t put a price on it.”

Scouts, church react

Arnold could not be immediately reached for comment. A recorded message for a Pocatello listing under Arnold’s name said the number had been temporarily disconnected at the customer’s request.

David Kemper, the Scout executive for the Ore-Idaho Council, said he had not yet seen the lawsuit and so couldn’t give specific comments. However, Kemper said, the Boy Scouts take any allegation of child abuse seriously.

“No matter when it is made, the issue of child abuse is serious and the organization is committed to making sure children involved in the program are able to do so in a safe environment,” Kemper said. “The Boy Scouts’ child abuse program is extensive. We have training for our adults in youth protection, and we’ve taught our youth the three Rs — recognize, resist and report.”

J. Craig Rowe, spokesman for the LDS church in Idaho, said the church also takes the allegations seriously.

“The Church of Jesus Christ of Latter-day Saints has a zero-tolerance policy for child abuse and does all it can to help victims and report abuse. It will seriously investigate these decades-old allegations,” Rowe said in a prepared statement.

Recounting allegations

While Arnold was never convicted of a criminal act against his client, Clark said Arnold was convicted of sexual abuse of a minor under 16 in 1985, “a good 15 years after what happened to my client.” Arnold received a sentence of three years in prison for that offense, Clark said.

Arnold was listed as a registered sex offender in Bannock County several years ago for that unrelated offense but is no longer on any Idaho sex offender registry, according to public records.

Bannock County probation officials would not release any details of the case or Arnold’s current sex offender status.

Lawsuit names

organizations

The accuser alleges that the Nampa ward of the LDS church “called” Arnold to serve as a Scout troop leader to educate and minister to LDS families and their children. The troop was jointly operated by the Boy Scouts and the LDS church,

he said.

The accuser maintains that leaders of the Boy Scouts Ore-Ida Council, the national Boy Scouts of America organization and the church knew they had “institution-wide child abuse problems.”

At least one church official, who served as the troop’s assistant scoutmaster, knew the abuse was occurring, Clark alleged.

“My client knows for sure that one of the assistant scoutmasters witnessed the abuse,” Clark said.

“He was in the same tent. So he should have reported it and it should have stopped right then. We know, unfortunately, that this guy was allowed to go on and abuse kids for several more years.”

The plaintiff reported he was abused during scouting trips and outings in eastern Oregon and in Nampa, Clark said.

Despite the abuse claim and lack of criminal conviction against his client, Arnold is not included in the lawsuit.

“My client holds the organizations responsible,” Clark said. “Mr. Arnold has paid his penalties and his dues.”

Clark added: “We will prove that for at least five or six years after that, he was still on the Boy Scout rolls, and we think still serving.”

The attorney said he hopes that through this lawsuit, and through several other he has filed in the past, that the organizations will be stronger and safer, preventing abuse of other innocents.

“It’s not my view to shut them down. I believe it helps change good institutions and make them better. That’s my hope.”

Man sues Scouts, LDS Church for $5m over alleged child sex abuse

Salt Lake City Tribune

Associated Press

BOISE - A man has filed a $5 million lawsuit against the Boy Scouts and The Church of Jesus Christ of Latter-day Saints, contending they didn’t do enough to stop a Scout troop leader from sexually abusing children.
    The lawsuit was filed Thursday in Malheur County Circuit Court in Vale, Ore., by a 53-year-old man identified only as Tom Doe.
    Doe alleges that Larren Arnold, a leader of his Nampa, Idaho, Boy Scout troop, sexually abused him for about three years, starting in 1967, and that the abuse left him with debilitating physical, emotional and mental injuries.
    Arnold could not be immediately reached for comment. A recorded message for a Pocatello listing under Arnold’s name said the number had been temporarily disconnected at the customer’s request.
    Arnold was listed as a registered sex offender in Bannock County several years ago for an unrelated offense but is no longer on any Idaho sex offender registry, according to public records. Bannock County probation officials would not release any details of the case or Arnold’s current sex offender status.
    Doe, who grew up in Nampa but now lives in the Portland, Ore., region, alleges that the Nampa ward of the LDS Church "called" Arnold to serve as a Scout troop leader to educate and minister to L
DS families and their children. The troop was jointly operated by the Boy Scouts and the LDS Church, Doe said.

Doe maintains that leaders of the Boy Scouts Ore-Ida Council, the national Boy Scouts of America organization and the church knew they had "institution-wide child abuse problems."
    David Kemper, the scout executive for the Ore-Idaho Council, said he had not yet seen the lawsuit and so couldn’t give specific comments. However, Kemper said, the Boy Scouts take any allegation of child abuse seriously.
    "No matter when it is made, the issue of child abuse is serious and the organization is committed to making sure children involved in the program are able to do so in a safe environment," Kemper said. "The Boy Scout’s child abuse program is extensive. We have training for our adults in youth protection, and we’ve taught our youth the three Rs - recognize, resist and report."
    At least one church official, who served as the troop’s assistant scoutmaster, knew the abuse was occurring, said Doe’s attorney, Kelly Clark.
    "My client knows for sure that one of the assistant scoutmasters witnessed the abuse," Clark said. "He was in the same tent. So he should have reported it and it should have stopped right then. We know, unfortunately, that this guy was allowed to go on and abuse kids for several more years."
    Doe was abused during scouting trips and outings in eastern Oregon and in Nampa, Clark said.
    Arnold was convicted of sexual abuse of a child under 16 in Bannock County in 1985, Clark said.
    "We will prove that for at least five or six years after that he was still on the Boy Scout rolls, and we think still serving."
    J. Craig Rowe, spokesman for the LDS Church in Idaho, said the church takes the allegations seriously. He criticized Clark’s approach to the case.
    "The Church of Jesus Christ of Latter-day Saints has a zero tolerance policy for child abuse and does all it can to help victims and report abuse. It will seriously investigate these decades’ old allegations," Rowe said in a prepared statement.
    "However, the way in which this case was filed raises a serious issue of which both the court and the public should be aware. The plaintiff’s attorney contacted media before the lawsuit was even filed knowing the church could not respond, in an attempt to create headlines rather than discover the facts. This approach trivializes the seriousness of child abuse and its tragic consequences."
    Clark said he has brought dozens of similar cases against the Roman Catholic church and is currently litigating seven cases against the LDS Church.
    "Based on my experience I would expect to find a long, ugly, broken trail of child abuse," he said. "I’m conscious of where we are and I would say that these both are rightly respected institutions, but the fact is in the 1960s and 1970s they were not doing their job."

Former Nampa boy scout sues Scouts, LDS Church for $5 million

By Adam Rodriguez

KCBI CBS 2


TREASURE VALLEY - A former Nampa boy scout is claiming he was sexually abused by a leader in the 1960’s. He says the Boy Scouts and Church of Jesus Christ of Latter-day Saints failed to protect him from a predator.
Now, 40 years later, he’s suing both organizations for $5 million.

The former scout’s attorney was in Boise Thursday to talk about the lawsuit.

“He trusted his youth leader, his priesthood leader, who was also a boy scout leader. And that person badly betrayed his trust,” said Kelly Clark, of the Portland lawfirm O’Donnell and Clark, Attorneys at Law.

‘That person’ was allegedly Larren Arnold. The lawsuit alleges Arnold was the victim’s scout leader in the Nampa Second Ward in the late 1960’s. It’s not the first time he’s been accused of abuse. In 1985, Arnold pled guilty to a misdemeanor charge of child sex abuse in Bannock County. But the lawsuit isn’t going after Arnold.

“If you put the fox in the chicken coop, you can’t blame the fox for doing what foxes do. You blame is the farmer. In this case, the farmer is the Boy Scouts and the Church,” Clark said.

The Ore-Ida Council of the Boy Scouts of America issued a written statement from scout executive David Kemper. It reads:

"Although we have heard of the litigation being brought against the Boy Scouts and the Church of Jesus Christ of Latter-day Saints, we have not received the complaint… However the safety of children is the highest priority of the Boy Scouts of America."

J Craig Rowe, Idaho area public affairs director for the LDS Church, issued this statement:

"The Church of Jesus Christ of Latter-day Saints has a zero tolerance policy for child abuse and does all it can to help victims and report abuse. It will seriously investigate these decades’ old allegations."

Clark said both organizations are responsible for the abuse. When asked if it’s fair to make an organization police its members, he said, “Are we asking that the Church and the Scouts be responsible for failing to police everything, or are we asking that they be liable because they didn’t do the very obvious thing of reporting it once they knew it was going on? We think it’s the latter situation.”

 

Man files sex abuse suit against Nampa Scouts, Mormon church

KTVB.com

Rebecca Boone
Associated Press

BOISE -- A man has filed a $5 million lawsuit against the Boy Scouts and the Church of Jesus Christ of Latter-day Saints, contending they didn’t do enough to stop a Scout troop leader from sexually abusing children.

The lawsuit was filed Thursday in Malheur County Circuit Court in Vale, Ore., by a 53-year-old man identified only as Tom Doe.

Doe alleges that Larren Arnold, a leader of his Nampa, Idaho, Boy Scout troop, sexually abused him for about three years, starting in 1967, and that the abuse left him with debilitating physical, emotional and mental injuries.

Arnold could not be immediately reached by The Associated Press for comment. A recorded message for a Pocatello listing under Arnold’s name said the number had been temporarily disconnected at the customer’s request.

Arnold was listed as a registered sex offender in Bannock County several years ago for an unrelated offense but is no longer on any Idaho sex offender registry, according to public records. Bannock County probation officials would not release any details of the case or Arnold’s current sex offender status.

Doe, who grew up in Nampa but now lives in the Portland, Ore., region, alleges that the Nampa ward of the LDS church "called" Arnold to serve as a Scout troop leader to educate and minister to LDS families and their children. The troop was jointly operated by the Boy Scouts and the LDS church, Doe said.

Doe maintains that leaders of the Boy Scouts Ore-Ida Council, the national Boy Scouts of America organization and the church knew they had "institution-wide child abuse problems."

David Kemper, the scout executive for the Ore-Idaho Council, said he had not yet seen the lawsuit and so couldn’t give specific comments. However, Kemper said, the Boy Scouts take any allegation of child abuse seriously.

"No matter when it is made, the issue of child abuse is serious and the organization is committed to making sure children involved in the program are able to do so in a safe environment," Kemper said. "The Boy Scout’s child abuse program is extensive. We have training for our adults in youth protection, and we’ve taught our youth the three R - recognize, resist and report."

At least one church official, who served as the troop’s assistant scoutmaster, knew the abuse was occurring, said Doe’s attorney, Kelly Clark.

"My client knows for sure that one of the assistant scout masters witnessed the abuse," Clark said. "He was in the same tent. So he should have reported it and it should have stopped right then. We know, unfortunately, that this guy was allowed to go on and abuse kids for several more years."

Doe was abused during scouting trips and outings in eastern Oregon and in Nampa, Clark said.

Arnold was convicted of sexual abuse of a child under 16 in Bannock County in 1985, Clark said.

"We will prove that for at least five or six years after that he was still on the Boy Scout rolls, and we think still serving."

J. Craig Rowe, spokesman for the Mormon church in Idaho, said the church takes the allegations seriously. He criticized Clark’s approach to the case.

"The Church of Jesus Christ of Latter-day Saints has a zero tolerance policy for child abuse and does all it can to help victims and report abuse. It will seriously investigate these decades’ old allegations," Rowe said in a prepared statement.

"However, the way in which this case was filed raises a serious issue of which both the court and the public should be aware. The plaintiff’s attorney contacted media before the lawsuit was even filed knowing the church could not respond, in an attempt to create headlines rather than discover the facts. This approach trivializes the seriousness of child abuse and its tragic consequences."

Clark said he has brought dozens of similar cases against the Roman Catholic church and is currently litigating seven cases against the LDS church.

"Based on my experience I would expect to find a long, ugly, broken trail of child abuse," he said. "I’m conscious of where we are and I would say that these both are rightly respected institutions, but the fact is in the 1960s and 1970s they were not doing their job."

Lawsuit Filed Against Boy Scouts & LDS Church

LocalNews8.com

Thursday, February 21st , 2008

BOISE, Idaho (AP) - A man has filed a $5 million lawsuit against the Boy Scouts and the Church of Jesus Christ of Latter Day Saints, claiming the two entities didn’t do enough to stop the sexual abuse of children by troop leaders.

The lawsuit was filed in Oregon State Court in eastern Oregon’s Malheur County on Thursday by a man identified only as Tom Doe.

Doe alleges that the leader of his Nampa, Idaho Boy Scout troop sexually abused him for about three years, starting in 1967, and that the abuse left him with debilitating physical, emotional and mental injuries.

Schools cut secret deals with abusive teachers

They call it “passing the trash,” and it’s a common policy that lets child abusers resign and move to another district

By AMY HSUAN, MELISSA NAVAS and BILL GRAVES

The Oregonian - February 18, 2008

» Search the database of disciplined teachers

It would take months for the agency that licenses Oregon teachers to discipline a Salem-area teacher for inappropriately touching at least eight girls.

To get Kenneth John Cushing, then 44, away from Claggett Creek Middle School students immediately, administrators cut him a deal: If Cushing resigned, they would conceal his alleged conduct — clutching students’ waists, touching their buttocks and massaging their shoulders — from the public.

Cushing signed the pact — obtained by The Oregonian through public records requests — with Salem-Keizer Public Schools in 2004, and officials promised not to reveal the teacher’s behavior if potential employers called looking for a reference. They would attribute his departure to “personal reasons,” the document reads, and make “no reference to this agreement.”

Salem’s deal is just one of 47 similar confidential settlement agreements obtained or confirmed by the newspaper.

During the past five years, nearly half of Oregon teachers disciplined for sexual misconduct with a child left their school districts with confidential agreements. Most, like Cushing’s, promised to keep alleged abuse quiet. Some promised cash settlements, health insurance and letters of recommendation as incentives for a resignation.

The practice is so widespread, school officials across the country call it “passing the trash.”

The Oregonian reviewed 767 cases of educator misconduct over the past 10 years in which the state commission revoked or suspended licenses for misbehavior. Sex-related offenses ranked the most common, and in 165 cases the agency disciplined educators for misconduct ranging from touching students or sending them love notes to molestation and rape.

This, of course, is a tiny fraction of the 35,000 educators who teach, mentor and coach in Oregon.

The state Teacher Standards and Practices Commission eventually revoked Cushing’s license in January 2005. He went on to teach at a charter school in Tucson, Ariz., in the 2006-07 school year and drew no complaints or reprimands there, administrators said. He left after one year, citing “personal reasons.”

In August, he started work at Cardigan Mountain School, a private, all-boys school in New Hampshire. Headmaster David McCusker said Cushing didn’t reveal his misconduct in Oregon when he was hired, and background checks revealed nothing.

Cushing declined to comment to The Oregonian. McCusker says Cushing will keep his job there. “We have been pleased with his performance,” McCusker said.

Secret and expedient

Oregon public school officials say an educator suspected of sexual misconduct gives them few options. If they fire the educator, they may face a costly legal battle with teachers union lawyers. Putting an employee on paid leave is also expensive because the commission takes, on average, nearly 16 months to complete investigations.

The Oregonian found that in 2006-07, 28 Oregon educators missed 993 workdays while on paid leave during investigations of misconduct, at a cost of about $350,000 in salaries and hiring substitutes.

Cutting a resignation agreement offers the fastest, cheapest way for a district to push a problem teacher out of the classroom, school officials say.

That’s what the Three Rivers School District did with Stephen John Koller, a 30-year-old science teacher who later admitted to an inappropriate relationship with a 17-year-old senior at Illinois Valley High School.

School officials first notified the state in January 2003 that Koller was under investigation for allegations he was living with a female student.

Initially, the state commission ordered Koller into counseling. Then the Three Rivers school board offered Koller a deal: $10,000 in severance, six months of health insurance and a letter that said, “He is personally committed to his work and will work extra hours to be successful.”

In October 2004, the commission revoked Koller’s license, a decision that prevented him from using his recommendation to apply for work in another Oregon public school.

Koller, who declined comment, never taught Oregon high school students again. He subsequently worked at two community colleges, where administrators say they were unaware of his past sexual conduct.

“(The agreement) happened in a way that was least damaging to the school district and the kids,” says Jerry Fritts, Three Rivers superintendent.

But some school leaders say the widespread practice of cutting resignation agreements risks student safety for the sake of protecting districts from costly legal fees.

“You cannot lie for a teacher,” said Carolyn Ortman, a Hillsboro school board member and former member of the Teacher Standards and Practices Commission. “Just because a teacher isn’t good enough to work in your district, doesn’t mean they are good enough to work in anyone’s district.”

But even Hillsboro has adopted the common practice of providing only dates of employment when another district inquires about a former employee.

“The whole world of reference checks has become a legal arena,” said Hillsboro Superintendent Jeremy Lyon. “You are in a precarious place if you say anything positive or negative about a past employee.”

Michael Morey, a lawyer who represents victims of sexual abuse and has worked on several cases involving teachers, says the “cover-up” denies victims the chance to know they are not alone and shields school officials from accountability.

“Every organization that has an involvement with children should have open transparency and full disclosure when it comes to the abuse of children,” Morey said.

Similar problems with secret deals in California led the state Supreme Court to rule that districts can be sued for such pacts. The decision largely put an end to resignation deals, said Mary Armstrong, a lawyer for the California Commission on Teacher Credentialing.

In 1997, the California court ruled that a 13-year-old student sexually molested by Robert Gadams, a middle school vice principal in Livingston Union School District, could sue for fraud and negligent misrepresentation three districts that previously employed Gadams. Gadams had been repeatedly disciplined for sexual misconduct and received resignation agreements from all three districts.

“The secret deals are one of the main things that keep the wheels greased on the machinery that keeps passing around the molesters,” said Mary Jo McGrath, school law attorney and sexual abuse expert in Santa Barbara, Calif.

Protect pupils, teachers

Oregon’s commission, with its power to revoke licenses, marks the last line of defense in keeping schools free of harmful educators.

But the commission, a professional organization supported by license fees, also tries to serve educators and their interests. Teachers unions helped create the commission in 1965, and nearly all 17 commissioners are teachers or former teachers.

The agency has 2.5 investigators to handle nearly 300 pending cases across the state. It has not invested in additional investigators, despite a $1 million annual carryover, because state lawmakers must approve additional spending, according to Vickie Chamberlain, the agency’s executive director. Until last year, she didn’t ask for additional staff, assuming legislators would deny the request. In 2007, lawmakers approved increasing the staff from 1.5 to 2.5 investigators.

Still, lengthy investigations remain problematic.

In January 2006, Texas officials notified the commission that an Oregon teacher, Neil Martin Abrahams, sent mail to an imprisoned sex offender that included images of boys in swimsuits and information from the North American Man/Boy Love Association.

A commission investigator interviewed Abrahams, a 51-year-old substitute teacher working in four Portland-area school districts, in September 2006. Abrahams “admitted that he had fallen in love with a male student during a prior teaching assignment” in Texas, according to a commission report.

But after the investigator resigned, the case sat among the pending cases until August 2007, when the commission revoked Abrahams’ license.

Abrahams said he taught three to four days a week between the initial complaint and his discipline. He was never arrested or charged with a crime. He lost his license because he admitted to being attracted to children. Abrahams signed the stipulated order, but stated at the time that he didn’t believe the commission’s evidence supported all of its findings.

Much of the commission’s decision-making on teacher discipline is shrouded from public view. The status of investigations is kept confidential, even from school officials. In addition, the commission dismisses about half of the 200 complaints it receives each year.

Those, too, are kept confidential from the public and school officials, under a state law designed to protect innocent teachers from false accusations.

Through public records requests, The Oregonian uncovered two confidential settlement agreements in which the state commission promised not to discipline accused educators if they in turn agreed not to teach in Oregon. In a third confidential settlement agreement, the commission promised not to discipline a teacher publicly after going to mediation.

One of the agreements was reached in 2000 with Glen “Skip” Morris Kinney Jr., an elementary school teacher in the Redmond School District.

Kinney befriended a fourth-grader in his class, whom he took under his wing and treated like a member of his family. The girl said she grew to trust Kinney, even more than her father.

In 1991, when she turned 16 and Kinney was 32, she said, they started having sex. In 1996, following a 14-month investigation, Kinney was charged in Deschutes County with 19 counts of sex abuse. A judge acquitted him in 1999. Kinney acknowledged having sex with the girl, but only after she turned 18, the legal age of consent.

In 2000, Kinney signed a confidential agreement with the state promising to never teach in Oregon again. The deal allowed the state to avoid a contested case hearing. In exchange, the agency would not investigate him, discipline him or enter his name into a national clearinghouse that tracks teachers subjected to state action.

That agreement didn’t keep Kinney from trying to teach again. In 2001, according to Montana school officials, Kinney obtained a license to teach there. Jackie Boyle, communication director for the Montana Office of Public Instruction, says there is no record of Kinney actually teaching in the state. But Boyle also said it is unlikely that Montana school officials ever knew of Kinney’s conduct in Oregon. Montana does not make such settlement agreements.

When contacted by The Oregonian, Kinney said he is no longer teaching and works in construction in Montana.

Chamberlain, who wasn’t the commission’s director at the time, said she can’t comment on the Kinney case because of the confidentiality clause.

However, Chamberlain says such agreements are reached when commissioners recognize educators could pose harm to students, but don’t have the evidence to charge them with misconduct.

“It’s never an ideal situation,” Chamberlain said. “You really have to weigh the risk. The risk could be that a person who potentially is dangerous can be totally free.”

Ortman, who served on the commission for six years, said she rubber-stamped some disciplinary cases, which continues to haunt her.

“There were things in that discipline packet that would break my heart,” Ortman said. “It would make me so angry. In my heart, I believed (the teachers) deserved more.”

Though commissioners say they give student safety high priority, their mission also includes “always save a good educator,” Chamberlain said. Commission members have no written guidelines on appropriate penalties and rely heavily on the recommendations of investigators and Chamberlain.

“Our decision-making is based on the 17 people’s gut feelings,” Chamberlain said. “They usually are right.”

The commission usually gives teachers who touch students or watch pornography on school computers a public reprimand or probation and permits them to keep teaching if they get counseling and pass a psychological evaluation.

Even educators who admit to sexual misconduct with a student sometimes get a second chance.

Robert Philip Carwithen, a music teacher in the Sheridan School District, surrendered his license in 1997 after soliciting sex from a student. He got counseling, and the commission reinstated his license two years later. He now teaches in three schools in the Winston-Dillard School District in Douglas County.

“He’s earned our trust,” said Kevin McDaniel, principal of Douglas High School. “One of the reasons we were willing to take a chance was because he was very forthright about what happened.”

Still, it’s the granting of second chances, secret deals, slow investigations and naive staff that help problem teachers remain in Oregon schools, experts on sex offenders say.

That’s why Sen. Vicki Walker, D-Eugene, sponsored the law passed last year that requires all districts to offer education on child abuse to parents and staff. Walker also sponsored a law that allows the public to see the personnel record of any educator convicted of most sex-related crimes.

Oregon needs to be more aggressive in deterring offenders who rely on secrecy and ignorance, Walker said.

“There is a conspiracy of silence, and we need to blast it open,” Walker said. “No children should be robbed of their childhood by an adult.”

Amy Hsuan: 503-294-5137; amyhsuan@news.oregonian.com
Melissa Navas: 503-294-5959; melissanavas@news.oregonian.com
Bill Graves: 503-221-8549; billgraves@news.oregonian.com

 

Schools let sex abuse cases slide

Records show a pattern of missed red flags and ignored complaints from students

By AMY HSUAN, MELISSA NAVAS and BILL GRAVES

The Oregonian

» Search the database of disciplined teachers

The charismatic band teacher charmed students and parents alike. He won music competitions and teaching honors. He worked late, coached volleyball and mentored kids.

No one realized Joseph Billera, then 30, was having sex with children.

Yet there were warning signs for years that the popular Salem-Keizer teacher preyed on his Houck Middle School students.

School officials verbally reprimanded Billera after spotting him at a band contest in 2000 with a girl sitting on his lap, a blanket wrapped around them. In 2001, parent Robert Ogan complained to administrators after seeing Billera alone with a female student at a community softball game. Later, Ogan alerted the school’s principal after knocking on the door of Billera’s dark, locked band room one evening to be greeted by a middle school girl.

Three years passed before Billera was arrested and convicted for raping two students and molesting two others. Three of his victims were younger than 14. He assaulted one of them after the 2001 complaints.

Billera is one of 129 Oregon educators disciplined for molesting or having sexual relations with more than 215 public school children over the past 10 years.

An examination of those cases by The Oregonian, combined with hundreds of interviews and thousands of pages of documents obtained under state public records law, shows that state and local officials repeatedly missed opportunities to protect students. The Oregonian tracked a 10-year period - 1997 to 2007 - because such cases take years to wind through the state’s teacher discipline system.

Records show that school leaders missed red flags or ignored complaints from parents, students and staff, allowing some educators to engage in years of sexual misconduct, ranging from inappropriate touching to rape.

The documents reveal that many school administrators concealed alleged sexual misconduct from hiring districts, allowing educators to resign and move on to jobs elsewhere working with children.

The Teacher Standards and Practices Commission, Oregon’s teacher licensing board, faces a growing backlog of nearly 300 complaints against teachers, ranging from stealing school property to showing up to class drunk. The agency now requires an average of nearly 16 months, and as long as three years, to discipline teachers.

Between 1997 and 2007, 767 cases of misconduct involving Oregon educators ranged from minor infractions to criminal behavior. Although those who sexually exploit students are a tiny fraction of the 35,000 educators who teach, mentor and coach in Oregon public schools, sexual misconduct with a child ranked as the most common reason the state disciplined an educator.

The commission has an additional mission to rehabilitate problem teachers, and it gives second chances to those who have admitted to sex-related offenses, such as propositioning students for sex, videotaping students’ underwear or watching pornography at school.

Billera - who pleaded guilty to 10 counts of rape, sodomy and sex abuse in 2004 - will be locked away in the Umatilla state prison until at least 2016. But the girls he abused will wrestle with mistrust and guilt for the rest of their lives, said one victim’s mother. The Oregonian typically does not identify sexual abuse victims.

"That shame gets in them," the mother said. "My daughter said she is going to take it to the grave with her."

After Billera’s arrest, Salem-Keizer Public Schools leaders pledged to confront sexual misconduct in the classroom, launching new policies and training programs to spot and remove harmful educators, creating what one expert calls one of the best sex abuse prevention programs in the nation.

Without such training, parents and school staff did not recognize Billera’s behaviors as warning signs of a child molester, said Kay Baker, then superintendent.

"This was a call to action," she said.

Slow to detect and act

In at least a dozen cases in five years, teachers later convicted of sexual misconduct with a student were left unchecked by local school officials, who failed to investigate early complaints, do adequate reference checks or were lax about stopping problem behavior, The Oregonian found.

In some instances, principals or teachers did not believe student reports. In others, administrators reprimanded teachers for sexual misconduct but allowed them to keep teaching.

In Forest Grove, students and staff started complaining about Thomas Ray Iverson as early as 1996, two years after he was hired to teach music at several of the district’s schools.

Eventually, three students said Iverson molested them at Joseph Gale Elementary. One girl said he touched her breasts more than 10 times during private voice lessons when she was 12. Another said he rubbed her chest when she was 8.

The third student, who said Iverson grabbed her buttocks and rubbed her back under her shirt when she was 9, said she told two teachers about the abuse.

During Iverson’s trial in 2000, both teachers said they told their school principals about the allegations, but written complaints were not filed. In interviews with The Oregonian, Principal Al Rogers at Tom McCall Upper Elementary School said he did not consider the teacher statements to be a report of child abuse. Rebecca White, former principal at Joseph Gale, also said she never received formal complaints about Iverson’s conduct.

Police were not called until November 1999, when one of the victims reported Iverson to a Neil Armstrong Middle School counselor. Iverson was convicted in 2001 on nine counts of first-degree sexual abuse. He died of cancer last year while serving a 12½-year prison sentence.

The Iverson case illustrates other problems.

School officials in the Centennial School District told The Oregonian they knew he was dating students in the late 1970s and early 1980s. But this predated the adoption of state law and administrative rules that require educators, doctors and other professionals to report suspected abuse or neglect of a child to police and state agencies.

One of the girls Iverson became involved with, Angela Whitten, says she still has nightmares after her two-year involvement, which started when she was 15.

"I still blame myself," said Whitten, who agreed to be identified. "He should never have been working with children. But everyone turned a blind eye."

After Whitten, Iverson dated another Centennial student, Trisha Pavan, and married her after she dropped out of school during her sophomore year. After the wedding, Iverson taught for three more years before leaving Centennial to pursue a doctorate in Arizona.

Interviewed for this story, Pavan said she never believed Iverson did anything wrong. The couple had two children and divorced in 1993. "I don’t feel as though there was anything inappropriate," she said.

Minnie Richards, Centennial’s principal at the time, said Iverson was not confronted because parents never complained, including Pavan’s. But she also said that Forest Grove never called her for a reference check.

"I was never contacted about him when he went there," Richards said. "If Forest Grove called, I would not distort the past."

Jack Musser, Forest Grove superintendent since 1999, said he wasn’t working in the district when Iverson was hired and couldn’t find any written evidence of a reference check. The case prompted the district to adopt a policy requiring potential employees to have a record of a reference check kept in their personnel files. In addition, all complaints of abuse must now be in writing.

"One of the lessons we learned is that if you hear a complaint but you aren’t sure if you should report it, you report it anyhow," Musser said.

Robert Shoop, author of the book "Sexual Exploitation in Schools," said school officials frequently fail to recognize signs of teachers abusing their students.

"If a person has been caught only once," Shoop said, it probably "means there’s a whole path of (victims) behind them. And that there were probably red flags along the way."

The Billera case in Salem spurred a 2007 Oregon law requiring all districts to educate their staffs about child abuse and to make training available to parents and students. The law, however, doesn’t specify how much training or require districts to tackle issues of educator sexual abuse.

"It is too general," said Cory Jewell Jensen, co-director of a Beaverton sex offender therapy center. "There isn’t a curriculum."

On a recent January evening, Detective Tyler Chapman told a class of 17 Salem-area parents that people who molest children can be pillars of the community - political leaders, pastors, teachers.

"Nobody is above suspicion," the Marion County sheriff’s detective said.

He spoke at Houck Middle School, where Billera molested students for six years. Chapman is part of the coalition of agencies that has helped Salem schools provide sex abuse training to parents, reaching more than 1,000 residents.

Also in the classroom was Debbie Joa, a full-time child protection coordinator who handles ongoing background checks and mandatory annual training of all staff in Salem schools. The district also has given teachers guidelines on private interaction with students and has adopted a clearer protocol for documenting and responding to complaints.

"If every district in the state would do what Salem did," Jensen said, "I think we would cut child sex abuse in half."

Gray areas persist

Even vigilant districts sometimes are unable to remove educators suspected of abusing children because they lack proof.

"The difficulty of most of these cases is they happen in secret," said John Minnis, who worked as a detective for 11 years with the Portland Police Bureau and now heads the Department of Public Safety Standards and Training, which certifies and disciplines police.

Many investigations boil down to weighing the word of an educator against that of the victim. Some victims refuse to talk. And administrators know a false accusation can invite a lawsuit and ruin a teacher’s career.

McMinnville school officials immediately took action in October 2001 on a complaint that Kevin Michael Kayfes, a math teacher at Duniway Middle School, may have had sexual contact with a girl when she was 14 years old.

According to school records, administrators placed Kayfes on leave, called police and notified the state teachers commission. But both police and a commission investigator concluded there was insufficient evidence to substantiate the claim.

Kayfes, 30 at the time, returned to teaching at the school. But his relationship with the girl, a former student in his eighth-grade class, continued. She frequently visited his house, telling her mother she was being tutored or was baby-sitting.

In February 2002, administrators again reprimanded Kayfes for "continued association with this student." By that time, Kayfes and the student had been having sexual contact for nearly a year, according to court documents.

The girl’s mother, at first grateful for the teacher’s attentions toward her troubled daughter, later gave authorities the needed evidence.

On Jan. 1, 2003, the mother attached a recorder to her phone and documented her daughter telling Kayfes, "Do you realize that there is not a piece of furniture in your house that I haven’t had sex with you on?"

Two weeks later, when Kayfes learned authorities were closing in, he attempted suicide by swallowing 200 aspirin, according to court documents. The girl followed, ingesting a bottle of ibuprofen. Both ended up in the same emergency room.

During Kayfes’ August 2004 trial, his victim recanted everything she had told police, refused to testify and was jailed as a juvenile for contempt of court. Kayfes was convicted on three counts each of third-degree rape, third-degree sodomy and third-degree sexual abuse.

The case illuminates the importance of educating parents, said Maryalice Russell, McMinnville’s superintendent.

"Parents need to understand grooming behaviors," Russell said. "If an adult is spending too much time with their child, they need to recognize that’s a problem."

Most cases of educator sexual misconduct don’t end in a criminal conviction, The Oregonian’s investigation found. Between 1997 and 2007, 58 teachers were convicted of a crime related to sexual misconduct with a child. An additional 71 who admitted to sexual misconduct were either not charged or never convicted.

In many of those cases, the victims were at or near 18, the legal age of consent. Then, the relationship no longer constitutes a crime. But a teacher having an intimate relationship with a student, regardless of age, violates state rules enforced by the Teacher Standards and Practices Commission.

In a case involving a developmentally disabled Forest Grove High School student, her special education teacher started having sex with her after she turned 18. The state revoked his license, but he was not charged with a crime because of her age.

She attempted suicide after the two-year relationship ended and has struggled since with forming intimate relationships.

"He would say I was his favorite," the woman, now 27, said. "I was always his favorite. Every time I think about it, I feel like a victim all over again. Can there ever be justice?"

Amy Hsuan: 503-294-5137; amyhsuan@news.oregonian.com

Melissa Navas: 503-294-5959; melissanavas@news.oregonian.com
Bill Graves: 503-221-8549; billgraves@news.oregonian.com

Six men sue LDS Church, Boy Scouts over alleged ‘infestation of child abuse’

By WILLIAM McCALL
The Associated Press

October 3, 2007

PORTLAND — A $25 million sex abuse lawsuit against the Church of Jesus Christ of Latter-day Saints and the Boy Scouts of America filed Wednesday alleges that child abuse has been widespread since the 1960s and little was done to prevent it.

The new lawsuit also claims the church and the Scouts “knew that assignments were being used by pedophiles to victimize children … “

Kelly Clark, the attorney who filed the complaint on behalf of six men now in their 40s, called it an “infestation of child abuse, stretching across the country, involving hundreds of predators and thousands of children.”

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Men sue Scouts, Mormon church

$25 million - The six allege a former troop leader and church teacher abused them

Thursday, October 04, 2007

PETER ZUCKERMAN

The Oregonian Staff

Six Portland men sued the Mormon church and the Boy Scouts of America on Wednesday, seeking more than $25 million for alleged sexual abuse by a church teacher and Scout leader more than 20 years ago.

The lawsuit contends that Timur Van Dykes, 51, molested Boy Scouts in Troop 719, which was supervised by the Church of Jesus Christ of Latter-day Saints. The lawsuit includes two brothers who dropped a previous complaint. It does not name Dykes as a defendant.

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