Charges released - Gomez charged with sexual harassment, inappropriate behavior with students

Iliana Z. Gamez/The Daily Dispatch

Charges against Hector Gomez, a long time elementary teacher for the Douglas Unified School District were released along with charges and notice of dismissal by the district administration. The recommendation to terminate Gomez as a teacher for the district was approved on the previous school board meeting on June 20, 2006.

On this date the Douglas Unified School Governing Board voted unanimously to dismiss Gomez from his teaching contract with in 30 days of notice of termination from June 21, 2006. Gomez, who has taught at the elementary level for 14 years in both Joe Carlson and A. Avenue Elementary schools, also serves a Douglas Termite League Coordinator, in which 6-9 year old boys and girls participate. He has the right to request a hearing with in 30 days of notification of termination. Gomez could not be reached for comment at press time.

Gomez faces dismissal upon the following charges presented in executive session by Superintendent Gail Zamar at the June 20 school board meeting, which the district released the next day:

1. Insubordination, which he admitted to in 2000-2001 and consisted of female students complaining that Gomez had inappropriately touched them. Gomez admitted to inappropriate touching at that time and was counseled by Mrs. Mejia his principal. Mrs. Mejia had told Gomez that he was to stop touching female students. Gomez was counseled, but continued to hug female students only around the shoulders and in the presence of others. Gomez also admitted to attending harassment training and signing that he had attended this training. Gomez therefore was aware that inappropriate touching and creation of a sexually harassing environment were in violation of school district policies and could lead to discipline up to and including termination. Consequently Gomez's continuing behavior in dealing with female students, Creating a Sexually Harassing Learning Environment, resulted in insubordination and in violation of school district policies and the direction given by his principal during the counseling he'd received in 2000-2001.

According to the District policies Gomez's insubordination is unprofessional behavior and a violation of the following:

€ GBEB, Staff Conduct: All employees shall at all times carry out all orders given them by the Superintendent.

€ GBEB-R, Staff Conduct: All staff members using or on school property for any purpose shall refrain from engaging in. Failure to comply with the lawful direction of District officials in the performance of their duties. A knowing violation of District policies and regulations.

In general, all staff members will: thoroughly acquaint themselves with the provisions, rules, regulations, and applicable information contained within the policies of the Board.

2.Creating a Sexually Harassing Learning Environment, which was a result of female students complaints to the principal on May 12, 2006 that Gomez's actions made them feel uncomfortable in his classroom due to the way he touched them. Both female and male students who were interviewed from the 2005-2006 class and from the 2000-2001 class consistently informed that Gomez routinely picked up female students by placing his hands around their hip/waist area and placed them on his desk. Both female and male students indicated that Gomez touched the legs of female students when they were seated on his desk. Female students have also indicated that when they approached Gomez's desk for tutorial help, he hugged them close by putting his arms around their waists. Other female students at risk who have been in Gomez's classes have stated that they no longer went to him for tutoring because of his inappropriate hugging around their waists and failure to let them go when they approached him for tutoring help at his desk. One female student at risk during the summer of 2005 refused to attend summer school in Gomez's class any longer because of his inappropriate hugging of her.

Both male and female students interviewed indicated that Gomez would lift female students onto his lap, while another female student also indicated that he touched her on her hip. Once again Gomez was in violation of district policies by creating a sexually harassing learning environment which is unprofessional conduct and in violation of the following policies:

€ ACA, Sexual Harassment: All individuals associated with this District, including, but not necessarily limited to, the Governing Board, the administration, the staff and students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.

Sexual harassment includes; conduct [which] has the effect of creating an offensive education environment.

€GBEBB, Staff Conduct with Students: At all times teachers will accord students the dignity and respect that they deserve, and avoid embarrassing any student unnecessarily.

All personnel employed by the District are expected to relate to students of the District in a manner that maintains social and moral patterns of behavior consistent with community standards and acceptable professional conduct.

3.Inappropriate and Unprofessional Behavior, result of the complaints of a male student who reported that when he asked for help, Gomez would send him back to his desk. Furthermore, several students reported that Gomez ate such things as Twinkies, pizza, Mexican food, and hot wings during his classes. Another report from students claimed that Gomez slept during his classes. These complaints too were in violation of district policies and rules, because according to district administration eating and sleeping during classroom instructional time, in front of your students, impaired his ability to effectively maintain general supervision over his students. By doing so, Gomez also failed to act in a courteous manner with his students or in a manner that promoted dignity and respect. Failing to assist students requesting help does not accord the student the dignity to which he is entitled or in accordance with district policy.

This conduct is unprofessional behavior and violates the following policies:

€ GBEA, Staff Ethics: The school employee maintains just, courteous, and proper relationships with students, parents, staff members, and others.

€ GBEB-R, Staff Conduct: Conduct themselves in a manner consistent with effective and orderly education and to protect the students and the District property.

€ GBEBB, Staff Conduct with Students: Employees are expected to exercise general supervision over the conduct of students, not only while in the schoolroom, but also before and after school and during recess. At all times teachers will accord students the dignity and respect that they deserve, and avoid embarrassing any student unnecessarily. Staff/student relationships shall reflect mutual respect between staff members and students and shall support the dignity of the entire profession and educational process.

Once again the proposed termination of Gomez a teacher with the district was based on insubordination, inappropriate touching of female students which created a sexually harassing environment, and inappropriate and unprofessional behavior in the classroom all violations with in the district's categories of misconduct and policies. All of the above violations of district policies, staff ethics, and rules have been grounded on solid information from police reports, materials provided by Gomez's principals and statements from students which are the main concern of the school district and reason for approving the recommendation to terminate Gomez as a teacher for the Douglas Unified School District.