[Southsider2k12]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=37267.75

Teacher Allegedly Attacks Student

Deborah Sederberg
The News-Dispatch

On a sunny afternoon in mid-May, her office phone rang and on the line was the principal of her son's school assuring her that her son was all right.

"All right? Why shouldn't he be all right?" Tanya Washington asked. "What's wrong?"

A case worker at the Division of Family Resources (formerly the Division of Family and Children), Washington wasn't so surprised to hear from Kelly Fargo, principal of Elston Middle School. It was the question that caused her some panic.

"Mrs. Fargo told me my son had been attacked by a teacher," Washington said.

Neither Fargo nor Fred LaBorn, director of personnel and labor relations at MCAS, have commented on the matter. Fargo would not confirm that she used the word "attacked." She said, "It's a personnel matter and I can't talk about it."

Michigan City police are investigating the matter. Police said they have interviewed several people, including the boy. The teacher's name is being withheld because no charges have been filed.

Washington's son told her his social studies teacher had given the class a kind of free day. "As I understand it, they had completed a project and he said they could have a free, fun day," Washington said. "He even brought cookies and passed them out to the class."

It was during cookie time that her son first drew attention to himself, Washington said. "He was clowning around," she said. "He pretended the cookies had made him sick. He even fell on the ground."

The teacher ordered the boy off the floor and back to his desk.

"Now you have to remember they were all talking and joking around, even the teacher," Washington said.

At one point, she said, her son grabbed one of the teacher's athletic shoes, which he had stored under his desk.

"(My son) was joking around again and said, 'These say New Balance. I think they look like Old Balance to me,' " Washington said.

At that point, Washington said, the teacher became angry and told her son to put the shoe back where he found it. Further, the teacher told the student never to touch any of the teacher's possessions again.

Her son told Washington the teacher ordered him back to his desk but as he was walking to his desk, the teacher followed him with a chair on wheels. "I guess it was something like a secretary's chair," she said.

"(The teacher pushed him into a corner) and kept hitting the chair against him," she said. Many of her son's classmates told her the same story he told, Washington noted.

After the chair incident, she said, the teacher told her son he wanted to take the matter "into the hall." Once in the hall, Washington said, the teacher dared her son to hit him. Over and over, she said, her son told her the teacher said, "Hit me."

"I didn't want to hit him. He's an old man," Washington's son told her.

At one point, while the two were in the hall, the whole class got into the act. Youngsters called to her son, discouraging him from hitting the teacher. "They told him he'd get into trouble," she said.

After a few minutes, Washington said, the teacher went into the classroom and told everyone to leave.

A group gathered around her son, Washington said, and a police liaison came to them to see what was happening. When the officer heard the story, she took them to the principal's office.

There, several people asked Washington's son what had happened. In addition, he was instructed to put his statement in writing.

Other youngsters who witnessed the event also were questioned, she said.

Washington said the incident happened at about 10:45 a.m., but she did not receive the call until 2:10 p.m.

Several of the youngsters who were questioned told Washington an assistant principal said they should avoid discussing the matter with classmates and even with their parents.

"They told me (the assistant principal) said, 'Now what are we going to do?' The youngsters replied, more or less in unison, saying, in effect, 'We're not going to talk about this to anyone.' "

Washington thinks anyone who understands middle school students would know better than to instruct them to keep quiet about them. "You know they're going to go right home and tell their parents," she said.

And they did.

And they told Washington.

"(My son) is not perfect," Washington said. "He might be a class clown, but he's not a fighter.

"In fact, Mrs. Fargo commended me for raising a son who wouldn't hit (the teacher when the teacher invited it)," Washington said. "She said a lot of kids would have hit him."

Contact reporter Deborah Sederberg at dsederberg@thenewsdispatch.com

[Roger Kaputnik]

This teacher sounds like he had had it with this darling child. Too bad we can't get the rest of the story. All the same, he should not have reduced himself to the child's level, and he clearly was not in control of himself. It sounds like there will be an opening for a Jr Hi teacher.

[Ang]

I'll bet Bioteach knows the rest of the story. Too bad she can't share with us. I'm sure the MCAS has her (and any other staffer's) mouth under lock and key.

[Southsider2k12]

Like usual, they have told everybody nothing. They couldn't pass the story around if they wanted to.

[BioTeach]

I'll bet Bioteach knows the rest of the story. Too bad she can't share with us. I'm sure the MCAS has her (and any other staffer's) mouth under lock and key.

Sorry Ang. "Mums" the word. As Roger was insightful enough to hint at...there are always two sides to a story.

(Sorry for leaving my prep. phrase hang! lol)

[Ang]

Oh, I'm sure the student's role was down played a little in an effort to make the teacher look abusive. You don't need to apologize to me for being 'mum' either. Remember, I worked at MCAS. I know what it's like and how tight lipped they want everyone to be. I really think they should make a statement regarding the issue, if for no other reason than to defend the character of the teacher. But, nooooo. Like always, they keep the public guessing. I'll tell ya, that place is more corrupt than any business entity I've ever seen. The really sad part about it, is that the individuals out in the schools are not corrupt, but they can't speak out for fear of repercussion. Trust me, I know first hand on that one.

[Southsider2k12]

It would have been nice if the MCAS or the MCEA would have said something, even something as lame as they are standing by the teacher, or something to that extent.

[Roger Kaputnik]

I think that the MCEA should have said something, even to say that the incident is being looked into. MCAS? I think we have all pretty much given up on them. Let's send this thread to them in the Admin. bldg. Someone around here must have an e-ddress.

[Southsider2k12]

All of the top administrators have published email addresses.

[Ang]

typically the address is first initial last name @mcas.k12.in.us. Like the superintendent's secretary is tfalls@....

[Ang]

Update:

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=48592.29

Teacher Accused Of Attack To Appear In Court

Georgette Senter
The News-Dispatch

A Michigan City Area Schools teacher will make his initial appearance in Superior Court 4 today to face Class D felony battery charges for an incident in which he alledgedly attacked a 13-year-old Elston Middle School student.

Frank Fama, 55, 1 Cambridge Court, Apartment 8, turned himself in to police on Wednesday morning after a warrant for his arrest was granted by Judge William Boklund.

According to Michigan City police, Fama, a social studies teacher, is accused of attacking a 13-year-old boy May 16 during a fourth-period class at Elston. On the day of the incident, the boy's mother, Tonya Washington, took her son to the police station to file a report.

The boy told police that during the class period, Fama had brought in cookies and was sharing them with his students.

"We were all joking around and having a good time," the boy said.

The boy then told police he saw the teacher's New Balance shoes in the corner of the room and after picking up the shoes, the boy said, "These don't look so new," in reference to the brand of shoe.

Fama reacted by yelling at the boy, "Don't touch my stuff," and pushing a chair across the room, ramming it into the student several times.

Fama then handed his eyeglasses to another student and said to the boy, "Go ahead, hit me."

"I am not going yo fight you, old man," the boy said, as he was told to get out of the classroom by Fama.

At this point Det. Michelle Widelski, the school's police liaison, heard a commotion in the hallway and saw the boy and another student and at first thought they were either fighting or preparing to fight.

As she approached, she saw one student crying and the two explained what had just happened.

After Widelski spoke with principal Kelly Fargo, the principal spoke with the boy. Fargo told the boy to make a written statement and spoke with several other students, getting written statements from them as well. She also got a statement from Fama.

According to Widelski's report, Fama did not return to his class that day and was given a five-day suspension by the school administration.

Fama has worked for Michigan City Area Schools for two years. Last school year he taught at Michigan City High School and this past school year he taught at Elston. Fama received his bachelor's degree from Calumet College and his master's degree from the University of Massachusetts.

[Roger Kaputnik]

Sheesh!

[Max Main]

So how did this one end?

[Ang]

There hasn't been another word about it. I think I heard somewhere the teacher is being charged with something, but I can't remember details.

[Southsider2k12]

They charged him with class D assault. No trial or anything has happened yet.

[Roger Kaputnik]

Class D Felony??

[Southsider2k12]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=58546.38

Battery Charges Dropped Against Teacher
Frank Fama will return to teach in August after 2007 incident with student.

Laurie Wink
The News-Dispatch

MICHIGAN CITY - Battery charges against Frank Fama, 55, a Michigan City Area Schools social studies teacher, have been dismissed.

As a result of the ruling, Fama has been reinstated and will return to Elston Middle School in August, said Betsy Kohn, MCAS spokeswoman.

Fama's attorney, Stanley Wruble III of South Bend, filed a motion to dismiss the charges May 2 after the Indiana Court of Appeals ruled in favor of Fama.

Fama said he looks forward to getting back to the classroom.

"I was vindicated," Fama said. "I am glad that the Indiana Court of Appeals upheld a teacher's right to control his or her classroom, which is what I was doing."

Fama first appeared in Boklund's court last June on an allegation he battered a 13-year-old Elston Middle School student during class on May 16. According to Michigan City police reports, Tonya Washington reported Fama had attacked her son.

The student said Fama brought cookies to class and everyone was "joking around and having a good time." The boy told police he picked up the teacher's New Balance shoes from the corner of the room and said, referring to the shoe brand, "These don't look so new." Fama allegedly told the boy not to touch his things and pushed a chair across the room, ramming it into the boy several times.

At the time of the incident, Fama was suspended for five days. Fama's suspension continued during the 2007-08 school year, pending the outcome of the case. Kohn said Fama received full pay for the school year, after filing a grievance.

La Porte County Deputy Prosecutor Alan Sirinek said a hung jury led to a mistrial in the first Fama trial, and a second jury trial was scheduled for 2009. Meanwhile, the Indiana Trial Court ruled the battery charges against Fama should be dismissed.

That ruling was based on an earlier case saying "a teacher can only be convicted of assault and battery in an event that the punishment was cruel or excessive, and beyond the bounds of moderation."

Sirinek disagreed with the ruling because, he said, it was based on a 100-year-old case no longer relevant.

"He battered him (the student), there's no question about it," Sirinek said.

Wruble said the court's ruling was based on another Indiana case, State v. Fettig, which ruled teachers stand in the place of parents and "have the right to take any disciplinary action necessary to promote student conduct that conforms with an orderly and effective educational system."

Contact Laurie Wink at lwink@thenewsdispatch.com.

[Dave]

He might have won the case, but I wouldn't let him teach any kid of mine.

[Roger Kaputnik]

It sounds like he rolled the chair across the room and it hit the kid. Once. Did he follow the chair and hit the kid again?

[mcstumper]

It sounds like he rolled the chair across the room and it hit the kid. Once. Did he follow the chair and hit the kid again?

Kid was being blatantly disrespectful. He deserved either a good smack, or as they did in my high school, send them to the football coach's office for swats. I can't fathom my kids coming to me looking for sympathy for anything that happens to them after acting that way in class. Remember when parents parented instead of the coddling and rationalizing bad behavior. Its sad, really.