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Monday, August 26, 2013

Inside MCPS: The Cover Up - Confidential Memo from Investigation of Principal

This MCPS Confidential Memorandum is also part of the public file from the recent litigation by former teachers at Kemp Mill Elementary School versus the Montgomery County Board of Education.  

In this Confidential Memorandum we can see how MCPS covered up that students were being taken into a closet for periods of up to 30 minutes by administrators. This report came 10 days after the July 20, 2010 e-mail that we have posted.  

Why did the writer (Ann L. Bauman Kamenstein) of this Confidential Memorandum neglect to include the facts that had already been revealed to her in the July 20, 2010 e-mail?  In the July 20th e-mail the Principal had already admitted that there were two times when it "may have taken 30 minutes" for a student to be released from the closet.  Yet, that specific information did not make it in to the final report shown below. 

The recommendation of this Confidential Memorandum is that the Community Superintendent make regular visits to the school. But, there is no recommendation with regard to the fact that students are taken into a closet for periods of up to 30 minutes at a time by this school's administrators.  Is putting students for up to "30 minutes in a closet" standard MCPS practice? 

The document is very hard to read so we have typed most of the contents of this memo below.  Omitted from this text are the lists of names of interviewees.  The complete 4 page document is at the bottom of this post on SCRIBD.

~~~~~~~~~~
Office of Human Resources and Development
Montgomery County Public Schools
Rockville, Maryland

July 30, 2010

CONFIDENTIAL
MEMORANDUM

To:          Ms. Carole Goodman, Associate Superintendent
Through:  Raymone L. Frappolli, Director, Performance Evaluation
From:      Ann L. Bauman Kamenstein, Coordinator
Subject:   Floyd Starnes, Principal
               Kemp Mill Elementary School

On May 9, 2010, Dr. Frieda Lacey, Deputy Superintendent of Schools, sent a letter to the Office of Human Resources (OHR) signed by three teachers at Kemp Mill Elementary School (KMES) in support of Mr. Dan Picca, teacher, alleging sexual harassment and hostile work environment against Mr. Floyd Starnes, principal.  In addition, the letter alleges there are make staff in the building who have experienced unwelcome advances of touching and name calling by Mr. Starnes.  During the work day Mr. Starnes allegedly has referred to staff as:  "honey, sweetie, and babe," and therefore teachers have left the building due to his behavior.  The letter states that three different teachers have witnessed Mr. Starnes taking male students into different closed areas for as long as 30 minutes.  The OHRD conducted an investigation by interviewing current and former KMES staff and reviewing documentation submitted to and requested by OHRD.  Mr. Starnes came to OHRD and responded to the allegations (Attachment 1).

From May 14, 2010 through June 16, 2010, the following were spoken to:

[...list of teachers, building services manager,] Ms. Bronda Mills, Community Superintendent, and Ms. Kim Shawn Gary, MCEA Uniserv representative

All of the above admitted to hearing Mr. Starnes use the words such as "sweetie, honey, and babe."  None of the above claimed to ever being touched by Mr. Starnes.  One employee asked not to be involved and refused to be interviewed.  Mr. Starnes admitted

-page 2-

using these words, and in a memorandum sent by Mr. Raymond Frappoli, he was directed to cease using inappropriate unprofessional language when addressing staff (Attachment 2).  [...teachers...] were sent letters of response (Attachment 3).

On June 15, 2010, Maryland State Education Association (MSEA) advised this office that they obtained additional information and requested further inquiry into areas of concern (Attachment 4).

From June 22, 2010 until present, the following were contacted:  (some staff were contacted 2nd and 3rd time)

[...teachers, guidance counselor, building service manager, ITS' from Central Services, former assistant principal, speech pathologist, media specialist,  former teachers...]

Regarding issue 1:  Mr. Gupta alleges that OHRD had received a number of letters prior to May. The letters this office addressed were written on May 9, 2010 and an email recevied on May 14, 2010 that began the OHRD investigation.

Regarding issue 2:  Two male teachers left Kemp Mill because they were too uncomfortable with Mr. Starnes's inappropriate verbiage and physical advances.  Two male staff did leave KMES.  First, a music teacher who related that Mr. Starnes called him "babe, honey, and doll" and had pinched him and touched him on the shoulder in 2008.  He allegedly left KMES because of the harassment.  He alleges that the following year, his classroom was removed and he was assigned to the cafeteria.  The music teacher did teach a .3 pposition at KMES and due to the increased enrollment he was assigned to teach in the cafeteria.  He informed OHRD that the left the school because he lost his .3 position and that he was getting involved now, after two years, because of what was happening to Mr. Picca.  Ms. Kamenstein did speak to him and sent a letter asking for additional information (Attachment 5).  To date, he has not provided any additional written information other than what we previously in Mr. Gupta's letter.

-page 3-

The second teacher was a counselor.  He was contacted by telephone on three different occaisions and he related that the was never unfomfortable, and though they did not always see things the administration, he left to become a pupil personnel worker.  He state there was no harassment of any kind.

In that same issue it was alleged that two female teachers left because they were afraid of becoming one of his targets.  The possibility of having trouble was a reason one teacher informed me she chose to leave KMES.  The other teacher left because she lost her focus teacher status.  She is currently a focus teacher at a different location.

We [sic] regards to issue 3:  The Information Technology Support Specialist did work for Mr. Starnes and was addressed with the word "babe."  He told Mr. Starnes he did not like being called "babe" and he is still assigned to KMES (Attachement 6).  Mr. Starnes has been directed to cease the use of inappropriate terms.

As to issue 4:  Mr. Starnes placed a child in a closet in a teacher's room for 30 minutes.  The classroom teacher who witnessed the event claims the child was unruly.  Mr. Starnes came into her small room with the student and went into the closet for 1-2 minutes (Attachment 7).

The other incidences where a child was placed in a small room in the main office did happen on several occasions.  According to staff, it was a small room in the main office that was well traveled and used for time out.  This procedure was used by the principal, assistant principal, and guidance counselor.  

Regarding issue 5  Concerning a ritual that Mr. Starnes "mooed" over the school intercom system.  Mr. Starnes relates that it only happened one time and it was done as a joke.  This was during the 2008-2009 school year.  Other teachers said it went on for a longer period of time, and then acknowledged that in the winter it had stopped.  Not all teachers were offended nor complained to the administration.  This office confirmes that it occurred more than one time.

Issue 6:  Reference to the building service manager:  When contacted, he requested that the letter he had submitted be removed from consideration (Attachment 8).  He no longer cared to be involved with the group's complaints/accusations.

As to the allged reprimands from Mr. Starnes to the teachers, none have been produced for this office to view.  The other male staff member has asked repeatedly to have the letter he wrote removed, and does not want to be involved with the MSEA attorney or the teachers.

-page 4-

Summary

On May 9, 2010, Dr. Lacey received three letters of concern.  This OHRD met with Ms. Bronda Mills and Mr. Floyd Starnes and gathered information from 25 former and current staff from KMES.  Mr. Starnes has answered all of the questions address to him.  On June 16, 2010, he received a memorandum from Mr. Raymond Frappolli directing him to cease using unprofessional inappropriate language toward staff.  The teachers who sent the original correspondence all received letter dated June 15, 2010.

On June 15, 2010, additional questions were presented by the MSEA attorney.   This summary and attachments outlines our process.

In his responses to the additional questions Mr. Starnes has admitted to the allegation that he used inappropriate, unprofessional terms when speaking to employees.  He has acknowledged that his choice of words was not appropriate.  Mr. Starnes denies sexually harassing any employee.

Recommendation

Investigation into the additional allegations listed in Mr. Gupta's letter has resulted in no further recommendation/directive than that expressed in the June 16, 2010 memorandum to Mr. Starnes.  The community superintendent has related that she will make regular visits to KMES during the 2010-2011 school year to help insure that an atmosphere of learning and professionalism is maintained.

ALBK:slw

Attachments

Copy to:
  Ms. Bresler



28 comments:

  1. http://savekmes.org/KamensteinLetter.pdf

    The letter published by the Coalition today would have had more meaning if the confidential correspondence from weeks earlier above had been posted here. In it, MSTA attorney Gupta challenged the MCPS's non-investigation of Principal Starnes of Kemp Mill ES in Silver Spring. In it, Gupta lays out a laundry list of immoral/criminal activities:

    "Please note, my clients currently seek nothing more than a work place environment free from sexual innuendos, groping, inappropriate touching, fear of an unjustified termination, and any other form or retaliation or retribution doled out by Mr. Starnes for having the bravery to ask him to stop his lewd and inappropriate behavior."

    On March 22, 2010, the school's union rep met with Gupta to detail the activities of Principal Starnes for the initial time. Three weeks later, this teacher was "set up" by Starnes when one of his cronies, Math Content Coach Laurie Spinelli-Samara wrote up a report on the handling of an injured boy at the end of the school day.

    http://savekmes.org/SchaubToBresler.shtml

    http://www.savekmes.org/incidentreport.shtml

    The heroic whistleblower was fired. Starnes is greeting students today, even after admitting in May's hearing before Mont County District Judge Ronald Rubin that he falsified records to get teachers fired, sexually harassed staff members, groped male teachers, and took male students into isolated closets during the school day and on the weekend.

    His own administrative secretary was so alarmed after witnessing his secretive abuse of closet victims, she penned a notarized letter to Asst State Atty Stephen Chaikin over two years ago.

    http://savekmes.org/civilsuit/OsburnLetter.pdf

    "The Kemp Mill Six" were silenced by a confidential settlement. The gory details that this site is slowly revealing were kept under wraps. A sizable sum of tax dollars were spent representing Starnes legally and paying off this settlement.





    ReplyDelete
    Replies
    1. Mr. Gupta's letter is on behalf of an adult client.

      What is shown in this post is how MCPS internal investigators NEGATE allegations concerning CHILDREN.

      If your child was one of the ones that was allegedly put in a closet for 30 minutes what is important here is that the 30 minute allegation was not confirmed to have happened in this final Confidential Memorandum. The CHILD allegation was simply dropped as if putting children in a closet for 30 minutes was standard MCPS practice. Is it?

      Delete
    2. What investigation? Mr. Gupta's letter was NOT on behalf of an adult client. His letter was submitted on behalf of eight Kemp Mill ES teachers, none of whom are still at the school, because Kamenstein & MCPS refused to investigate Starnes thoroughly.

      The letter revealed here today references Gupta' June 2010 correspondence to Kamenstein. It is only logical that this letter is provided as a point of reference.

      There has been no "time out" areas in MCPS since the 1970s. Starnes tried to blame his dying mentor Jody Leleck by saying she was the one who trained him to take boys into closets. Dead people can't refute.

      Starnes has an sexual appetite for intimidated young boys and powerless male teachers whose union is totally useless.

      http://savekmes.org/incidentreport2.shtml

      Delete
    3. Mis-stating the facts doesn't further the conversation. Teachers are adults, Gupta wrote on their behalf. His letter was advocacy on their behalf, on behalf of ADULTS.

      Why don't you show readers who was representing the CHILDREN?

      The answer, of course, is no one. No one represented the children and the MCPS investigation (shown above) covered up that children were in FACT taken into closets for up to 30 minutes at a time.

      And, again, Ms. Leleck did not pass away until 2 1/2 years after this incident and this internal Confidential Memorandum was written.

      Delete
    4. This comment has been removed by a blog administrator.

      Delete
    5. "He (Scarci) informed OHRD that the left the school because he lost his .3 position and that he was getting involved now, after two years, because of what was happening to Mr. Picca. Ms. Kamenstein did speak to him and sent a letter asking for additional information (Attachment 5). To date, he has not provided any additional written information other than what we previously in Mr. Gupta's letter."

      It is disgraceful the sexual abuse that... had to endure. The authorities did not care about... unwanted sexual advances. They were adults capable of speaking up. The closet kids aren't.

      www.savekmes.org

      Reposted with personnel names deleted

      Delete
    6. Mr. Scarci was royally pi$$ed that he was losing his portable classroom - which was a central-office decision, not the principal's. An experienced teacher such as he should not have been so miffed - at nearly every other elementary school in the county, instrumental-music teachers find themselves teaching on all-purpose room stages, in storage closets, and at ends of hallways. A friend who recently retired from MCPS tells me that elementary school instrumental music just isn't valued.

      But that is a whole 'nother discussion...

      Delete
    7. This comment has been removed by a blog administrator.

      Delete
    8. ... Mr. Picca went to the union with his complaints in March 2010. Two weeks later he was suspended for administering first aid to an injured lad. Then he was wrongfully terminated without due process (none of these documents were allowed into evidence)... Starnes would not allow him to transfer for years for fear he would expose the criminal deeds. He eventually escaped to Potomac ES.

      http://savekmes.org/KamensteinLetter.pdf

      Delete
  2. My child was put in the closet with Starnes in 2008 and I was not informed through the school system at all. I learned from parents who were working to help Picca and who had found out more details. The letter you have posted above talks about 2010 incidents. This is a year after I took my son out of the school. How long has this been going on with the children? How long will it go on? Is it still occurring? Are parents being informed? How can this possibly be standard MCPS practice? Abuse and terrorizing children, and not informing their parents what you have done to them? Teachers and admin staff standing by and not calling CPS till years later? Standard practice?!

    ReplyDelete
    Replies
    1. The Ghost of J. EdgarAugust 26, 2013 at 6:30 PM

      Osburn's letter to Asst State's Atty Chaikin involved her observation of your son in 2008. I know that you met with him as well. What was his response to your concern because Sartucci here wants to know who is representing the children in this investigation?

      Delete
    2. Edgar - these posts are anonymous - you don't know anything.

      The Assistant State's Attorney Stephen Chaikin is a public employee. Pick up the phone and call him. Let us know what he says.

      He works for Doug (I send my kids to private school and would never pay a class fee if they went to MCPS) Gansler. Attorney General Gansler has NEVER stood up for public school children to date, what makes you think that office would do anything different in this matter?

      Delete
  3. I find it astounding that there continue to be posters who cite "savekmes" as a valid source of information about Kemp Mill Elementary School. This site continues to present Daniel Picca as a blameless innocent lamb - despite the fact that Picca has clearly been shown to be someone who never, ever, should have set foot in Kemp Mill ES.

    If "savekmes" were interested in presenting the truth to the Kemp Mill community, where is the link to the State BOE's finding? Where is the statement repudiating the teacher that Daniel Picca was shown to be?

    It is hypocritical for "savekmes" to try to whack Floyd Starnes for his behavior while putting Daniel Picca on a pedestal for his behavior - which taken in the aggregate can most charitably be described as creepy. For "savekmes" to present itself as an organization interested in protecting Kemp Mill students' welfare is patently ludicrous.

    ReplyDelete
    Replies
    1. Unfortunately for Mr. Picca, none of the documentation that has been appearing on The Coalition this week was allowed in at his local level hearing or at his state appeal, including the Feb 2000 email in which school officials plotted "setting him up to nail him". Five days later, he was reprimanded by then-Superintendent Weast (a document that appeared on this site).

      http://savekmes.org/SchaubToBresler.shtml

      The SAVEKMES website remains relevant as presenting all of the pertinent documents regarding Picca's case and for documenting the criminal actions of Floyd Starnes, including his own administrative secretary alleging child molestation in one of the school's closets.

      http://www.savekmes.org/civilsuit/OsburnLetter.pdf

      Delete
  4. I find it astounding that Mr. Picca's story has been plastered all over the airwaves, in the newspapers and on this site. Not one child has ever stepped forward with a scintilla of concern. He taught in MCPS for a quarter century. Yet, every child involved in his termination said they were coerced into lying.

    http://www.wusa9.com/news/local/story.aspx?storyid=106251

    Hundreds have rallied on Picca's behalf and continue to support him.

    http://ww2.gazette.net/stories/08272010/montnew175648_32567.php

    "The protest, arranged by grassroots group SaveKMES, was held to encourage the school system to remove Starnes, who group members say sexually harassed teachers and coerced students into writing accusatory statements against former fourth-grade math teacher Dan Picca."

    ReplyDelete
    Replies
    1. You don't cite the 1995 reprimand from Superintendent Paul Vance. OK - so we will post it.

      Delete
    2. @ Janis - thank you for the reality check.

      Even if the incident with the boy given "first aid" were as innocent as claimed, the fact is that Picca continued the behavior for which he was reprimanded in 1995. The MCPS administration and Floyd Starnes did not set Picca up to be fired. He did that all on his own.

      Delete
  5. Long before there were "The Kemp Mill Twelve" (filed EEOC complaints against Principal Floyd Starnes & MCPS). Long before there were "The Kemp Mill Six" (who were silenced on the eve of an $108,000,000 trial in May with a confidential settlement agreement). There was www.savekmes.org

    ReplyDelete
    Replies
    1. 1995 Letter of Reprimand has now been posted.

      http://parentscoalitionmc.blogspot.com/2013/08/1995-mcps-restricted-teacher-from.html

      We know that as far back as 1995, MCPS was restricting teachers from touching children and moving suspected child abusers to new schools WITHOUT TELLING PARENTS!

      See "Catholic Church" for more on institutions moving around suspected child abusers.

      Delete
    2. Reminder: MCPS has admitted that Lawrence Joynes was at 11 schools.

      Eleven.

      Yet, MCPS hasn't named those schools to alert parents.

      Delete
    3. "Long before?"

      Hedy and Todd Ross founded savekmes in May/June 2010 after their son was interviewed as part of the investigation into Daniel Picca's behavior. The "Kemp Mill 12" (? which I remember as the "Kemp Mill 10") brought their complaint during the summer of 2010.

      If there were complaints about Floyd Starnes's behavior BEFORE Daniel Picca's departure from Kemp Mill, where is the evidence that those complaints were submitted to the union and/or to MCPS central administration? If there were no complaints until AFTER Daniel Picca's departure, why did it take so long for anyone to make a stink if Starnes's behavior were that pervasive?

      Delete
    4. This comment has been removed by a blog administrator.

      Delete
    5. One more time, we are not going to permit comments about students.

      Delete
    6. Redacted comment:

      http://savekmes.org/KamensteinLetter.pdf

      ^On March 22,2010, MCEA union rep Daniel Picca went to Saurabh Gupta, MSTA Attorney,& Kim Shawn-Gary, MCEA Uniserv Director, with a list of contract violations & criminal acts by Kemp Mill ES Principal Floyd Starnes. On April 15, 2010, the XXXXXXX fell into a desk at the end of the school day. Picca was suspended and later terminated.

      http://www.wusa9.com/news/local/story.aspx?storyid=106251

      The ten-year scheme to "set up" Picca was completed.

      http://savekmes.org/SchaubToBresler.shtml

      http://savekmes.org/incidentreport.shtml

      The Coalition recently published a 1995 reprimand from former superintendent Paul Vance about Picca. The Coalition has also been publishing documents from May's hearing of Principal Starnes pertaining to his aborted $108,000,000 trial. Hoping The Coalition publishes the notarized statement of a private investigator siting Starnes' homosexual relationship with Vance. It explains how Starnes got his job in MCPS, how someone so incompetent could advance so quickly, and how he keeps his job despite his troubling history.

      Delete
    7. Apparently, you didn't actually read the 1995 letter from Superintendent Paul Vance. If you had you would have seen that it referenced a parent going to the police.

      Delete
    8. How was there a "scheme?" All Picca had to do was comply with the restrictions laid out in the 1995 reprimand. And those restrictions were not punitive; rather they were common-sense practices that ANY teacher, particularly a male teacher, should be following.

      Vance was trying to save Picca's rear from future accusations. If Picca thought the restrictions cramped his teaching style he should have changed either employers or careers.

      Delete
  6. Regarding 11 schools, that doesn't necessarily mean he was moved around to 11 schools during his tenure. Elementary music teachers often teach at multiple schools in the course of a school year because most elementaries don't have the enrollment for a full time music teacher. Just noting that 11 could very well include this scenario.

    ReplyDelete
    Replies
    1. Of course. All MCPS Public Information Office has to do is name the 11 schools and notify parents. Easy.

      Delete

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