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Time for prosecuters to stop bullying teachers


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Matt Gray
Columnist
By Matt Gray
Arizona Daily Wildcat
Monday, April 4, 2005
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Here in Arizona, we have a national reputation for being ahead of the curve in many areas. If you're interested in optics, golf or great college basketball, then this is the place for you. Yet there is one area where we Arizonans stand out more than any other: our ability to stick it to those noble enough to work in our public schools.

This week the Pima County attorney finally dropped the last of the charges against four educators from DeGrazia Elementary School in the Marana Unified School District. Principal Julia Barwell, counselor Jennifer de la Montana, and kindergarten teachers Connie Jensen and Dorlis Menendez were all charged with a class 6 felony for failure to report alleged child abuse. The Sheriff's Office claims that a DeGrazia student told her teacher that she had been abused on Sept. 7 or 8, and that school officials reported the information with authorities on Sept. 10.

For those confused about how people can be accused of failure to report something that they actually reported, the law requires that all reporting be "immediate." The county attorney decided that not only did these women fail to get it right, but they also deserved to face a year in prison for their actions. Of course some have suggested that the prosecutors never intended to take it that far. Perhaps they were only seeking to teach the DeGrazia four a lesson. Regardless of the prosecutors' actual goal, Barwell, de la Montana, Jensen and Menendez learned the real lesson a long time ago: In Arizona you teach at your own risk.

Our willingness to neglect education has been common knowledge for years. Arizona consistently falls well below average in teacher pay and hits rock bottom when it comes to overall education funding. Yet it is our willingness to go above and beyond to hurt teachers that sets Arizona apart from the pack. Earlier this year, Tucson Unified School District was reduced to asking teachers to work for free, and now the authorities have decided that some Tucson educators could benefit from some time in the big house.

There is no doubt that child abuse is one of the most heinous offenses imaginable, but these women didn't abuse any children. Likewise, reporting child abuse is an important responsibility that we all share, but these women didn't fail to report any child abuse. There are many possible reasons that could have caused a 48-hour window between the student's statement and the school's report. Some might be justified, most would not, but there is certainly no reason that could support turning well-meaning kindergarten teachers into felons. Things might be different if the educators had ignored the complaint, but they didn't. Things might be different if the educators had made similar mistakes before, but they hadn't.

The truth is, these are four individuals that have accepted jobs that pay them much less then they're worth because they want to better the lives of the children they serve. Of course, they are going to slip up along the way, but we should respond by helping them to do better, not by prosecuting them to the fullest extent of the law.

Unfortunately, here in Arizona, we don't seem to feel that way. Our government says that these women belong with the rest of the class 6 felons, including those who steal guns, expose themselves to children or rape their spouses. Teaching is one good deed that we're not about to let go unpunished.

Every instance of child abuse is a tragedy. Often the community finds itself filled with more anger than it can handle. It's natural to go out looking for people to blame, and educators, unfortunately, are an easy target. But there is no justification for using teachers and administrators as a punching bag to release our collective aggression. Arizona's children have no greater ally than Arizona's teachers. Teachers who report abuse save lives, even those that report imperfectly.

All the charges in the DeGrazia case have been dropped, but the damage has already been done. Prosecutors may have scared teachers into rigid compliance with the law, but they've also reiterated the Arizona's perennial message to its public educators: If you want the respect and appreciation you deserve, go somewhere else.

Matt Gray is a second-year law student and former Recreation Aide at DeGrazia Elementary School. He can be reached at letters@wildcat.arizona.edu.



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