Showing posts with label restrictions. Show all posts
Showing posts with label restrictions. Show all posts

Tuesday, December 12, 2023

***BREAKING: New Charges filed on former MCPS Cloverly Elementary School Teacher John Vigna

Please see our previous extensive coverage of the arrest, conviction, vacated conviction, and re-trial of former MCPS elementary school teacher John Vigna. Recall that Mr. Vigna was never fired by the Montgomery County Board of Education and his teaching license was never revoked.  He was allowed to retire and voluntarily surrender his teaching license. His original conviction was vacated and he was released from prison.  A new trial on those charges has been scheduled for 2024.  Now additional charges have been filed against Mr. Vigna.  

New charges were filed against Mr. Vigna on November 30, 2023.

From Maryland Judiciary Case Search: 

Circuit Court For Montgomery County - Criminal

Location: Montgomery Circuit Court

Case Number: C-15-CR-23-001418

Title: State of Maryland vs. JOHN VIGNA

Case Type: Criminal Indictment

Filing Date: 11/30/2023

Case Status: Open





 

Wednesday, February 22, 2023

Jury finds former MCPS bus driver criminally responsible for sexually abusing 4 special needs students

A jury Thursday found former Montgomery County Public Schools bus driver Etienne Kabongo criminally responsible for sexually abusing four special needs students. 

Kabongo, 62, pleaded guilty to two counts of second-degree rape and two counts of sexual abuse of a minor after an investigation revealed he sexually abused the four girls who rode the bus he drove in 2018. Court docs mentioned two of the girls were minors at the time and the other two were both 18 years old...

Jury finds former MCPS bus driver criminally responsible for sexually abusing 4 special needs students (fox5dc.com)

Monday, February 13, 2023

Pass the Child Victims Act of 2023 (HB01/SB686)! Maryland: Protect Kids Not Predators

The Maryland Child Victims Act of 2023 will give survivors access to justice and help protect children from sexual abuse by bringing predators to light.

About The Child Victims Act of 2023

Read the bills HB001 and SB686.

Legislative Updates 

Email justice4mdsurvivors if you would like to help. 


Call To Action

What are The Child Victims of 2023 Act Goals?

Arm trusted adults with information to protect children

Shift the cost of abuse from victims to those who caused the harm

Provide a path to justice for victims ready to come forward

Identify Hidden Predators

Disclose facts of sex abuse epidemic to the public

The 2023 Child Victims Act :

It’s important to understand the key elements of the bill:

  1. The legislation will eliminate the statute of limitations for child sexual abuse.
  2. It will repeal the so-called "statute of repose".
  3. It will create a permanent window for older claims.
  4. It will allow both public and private entities to be sued.
  5. It will eliminate the notice of claims deadlines for public entities in child sexual abuse cases.
  6. The legislation will have some limitations on liability to a single claimant for injuries arising from a single incident or occurrence:
    1. for retroactive claims (the statute of limitations has already run):
      • for private entities:
        1. $1.5 million cap on non-economic damages
        2. no cap on economic damages
      • for public entities:
        1. $850,000 cap for damages
    2. for prospective claims (the statute of limitations has not run):
      • for private entities
        1. no caps on either economic or non-economic claims
      • for public entities
        1. $850,000 cap for damages

Tuesday, November 30, 2021

@lizziejohnsonnn · Kirk Shipley, the rowing coach at Walt Whitman High in Bethesda, Md., held onto his job through two investigations into his behavior. Then he was arrested for sexual abuse.

Sunday, September 20, 2020

A new study on coronavirus songs in Africa looks at the impact of music with a message

...Unlike the US, where very few artists have taken on COVID-19 as a subject in songs, African musicians quickly turned to their songwriting as a form of communication and to disseminate crucial public health information: social distancing, washing hands and staying home during lockdowns...

 <iframe width="560" height="315" src="https://www.youtube.com/embed/2PGMGrz6LAU" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>


<iframe width="560" height="315" src="https://www.youtube.com/embed/PUHrck2g7Ic" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

Tuesday, September 15, 2020

New York City DOE keeping secret a full list of schools with COVID-infected teachers


 While trying to bolster confidence in the planned school reopening, the city Department of Education won’t reveal a full list of schools where teachers who returned to work last week have tested positive for COVID-19.

The DOE also would not say whether parents or guardians at the affected schools would be notified.

As the number of teachers who test positive grew — at least 24 as of Friday — some co-workers say they were not notified or contacted by city disease detectives when staffers reported the infections...

https://nypost.com/2020/09/12/doe-hiding-a-full-list-of-schools-with-covid-infected-teachers/

Sunday, September 13, 2020

America Is Trapped in a Pandemic Spiral

 


...“The grand challenge now is, how can we adjust our thinking to match the problem before us?” says Lori Peek, a sociologist at the University of Colorado at Boulder who studies disasters. Here, then, are nine errors of intuition that still hamstring the U.S. pandemic response, and a glimpse at the future if they continue unchecked. The time to break free is now. Our pandemic summer is nearly over. Now come fall, the season of preparation, and winter, the season of survival. The U.S. must reset its mindset to accomplish both. Ant death spirals break only when enough workers accidentally blunder away, creating trails that lead the spiraling workers to safety. But humans don’t have to rely on luck; unlike ants, we have a capacity for introspection...

https://www.theatlantic.com/health/archive/2020/09/pandemic-intuition-nightmare-spiral-winter/616204/

Friday, September 11, 2020

From England: Coronavirus: Visiting people at home banned in parts of northern England

 


...The rules impact people in Greater Manchester, east Lancashire and parts of West Yorkshire.

The health secretary told the BBC the increase in transmission was due to people visiting friends and relatives...

https://www.bbc.com/news/uk-53602362

Thursday, September 10, 2020

Third COVID-19 death linked to Maine wedding, as pastor connects with attorney

 A third coronavirus-related death has been linked to a wedding held near Millinocket, Maine last month.

The finding was announced Friday, along with the COVID-19 death of a woman in her 80s from Somerset County, although the Maine Center for Disease Control and Prevention did not say whether that case was the latest to stem from the Aug. 7 event, The Bangor Daily News reports...

https://www.boston.com/news/coronavirus/2020/09/08/third-covid-19-death-linked-to-maine-wedding

Tuesday, August 18, 2020

Breaking: MCPS Teacher John Vigna's Conviction Upheld. MD Court of Appeals Affirms Court of Spec. Appeals Decision

...CRIMINAL LAW – SIXTH AMENDMENT RIGHT TO FAIR TRIAL – DUE PROCESS – The Court of Appeals held that, because any evidentiary error was harmless beyond a reasonable doubt, Petitioner received a fair trial under the Sixth Amendment. In addition, the trial court’s adverse evidentiary ruling did not prevent Petitioner from presenting a meaningful defense. Thus, the exclusion of the proffered character evidence did not deprive Petitioner of due process...


...For many years, John Vigna was a popular elementary school teacher in Silver Spring, Maryland. But, as our nation has learned all too well, it is possible for a person to be a popular teacher (or coach or trainer or member of the clergy, etc.) and, at the same time, to sexually abuse children entrusted to his care. According to the evidence the jury heard in this case, Vigna sexually abused several female students while he was their teacher. The evidence showed that Vigna would have these young girls sit in his lap, and then would rub their buttocks and touch their genital areas over their clothes, or otherwise touch the girls for his sexual gratification.

At his trial, Vigna sought to elicit evidence from parents of students and from professional colleagues that, in their opinion, Vigna is the type of person who behaves appropriately with children in his custody or care. The trial judge ruled this evidence inadmissible, reasoning that appropriateness with children in one’s custody or care is not a “trait of character” within the meaning of the applicable rule of evidence. However, the trial judge allowed Vigna’s character witnesses to testify that Vigna is law-abiding and truthful.

The jury convicted Vigna on nine counts, and the trial judge sentenced Vigna to 80 years of imprisonment, suspending all but 48 years. The Court of Special Appeals affirmed the trial court’s evidentiary rulings and upheld Vigna’s convictions...

Wednesday, August 5, 2020

Montgomery County doubles down, re-asserts that private schools can't open until Oct. 1

https://wjla.com/news/local/montgomery-county-doubles-down-re-asserts-that-private-schools-cant-open-until-oct-1?fbclid=IwAR3uq-uM2XV4579FOtL_MmyRfslzn8EKf-OoRPfIIg65vkeeQJvY1sVrwe8

Montgomery County Health Officer Rewrites Order on Private Schools

Kate Ryan @KateRyanWTOP · NEW: Montgomery County Health Officer doubles down on his private school order. @wtop talked to the attorney for parents suing over the decision, and one of the parents, a lead plaintiff in the case. See order here:

Montgomery County reviewing Hogan’s order to limit authority on school closures

Montgomery County’s top health official said Wednesday he has not rescinded his directive for schools to suspend in-person teaching despite an executive order from Gov. Larry Hogan stating that private schools should have sole authority on when and how to reopen.
County health officer Travis Gayles declined to say how long the county would take to review the governor’s order. He emphasized he stood by his view that it is not safe for schools of any kind to reopen, given the prevalence of coronavirus in the state’s largest jurisdiction.
“We are continuing to evaluate the impact of the governor’s executive order on the directive that has been put out there,” Gayles said. “As it currently stands, it has not been rescinded.”..

Maryland’s governor continues his public health retreat | COMMENTARY

One of the mistakes commonly made during the recent public debate over whether to open schools this fall or conduct classes online has been to consider the ramifications only in the context of students, educators and their families. This is understandable. No one is more directly affected. But during the worst pandemic to hit this nation in a century, schools — public and private — must also be looked upon as potential transmission sites in the same way that bars, restaurants, churches, businesses and every other place where the public might gather must be. This isn’t just about keeping young Tommy or Tamika safe, or their extended families or even their teachers, but about keeping the broader communities safe until COVID-19 is under reasonable control.

That’s why Gov. Larry Hogan’s abrupt decision this week to grant special status to schools by amending an emergency statewide order to prevent local health officials from controlling their operation during the pandemic, is not simply nakedly political, it represents yet another cave-in for a governor who just a few months ago stood tall when it came to protecting public health. What happened to the Larry Hogan who was among the first governors in the nation to close all schools, having announced that action on March 12 (when daily new cases were about one-third what they are today)?..

https://www.baltimoresun.com/opinion/editorial/bs-ed-0805-hogan-private-schools-voting-20200804-gomppvpfmnabfds4augabw4lyu-story.html

Tuesday, June 9, 2020

Teachers Unions Call for Police Reform But Refuse to Look in the Mirror

...As signatories on this letter, the NEA and AFT are going to have to do some serious self-reflection, lest they quickly and rightly be called out as hypocrites. The seventh demand in the letter calls for “a national public database to compile the names of officers who have had their licenses revoked due to misconduct.” We need this exact same kind of database for teachers...

...The AFT and NEA cannot, in good conscience, call for a national database of police officers who have lost their licenses due to misconduct and continue to oppose the very same kind of national database for its own members. They are right to call for the police to clean up its house but it is high time they clean up their own as well...

https://projectforeverfree.org/teachers-unions-call-for-police-reform-but-refuse-to-look-in-the-mirror/

Friday, April 5, 2019

Jennifer Alvaro: "I call on you as the county executive to immediately take action to terminate the contract of Jack Smith..." @Marc_Elrich

Jennifer Alvaro just sent this letter to the Montgomery County Executive, the Montgomery County Council and the Montgomery County Board of Education. If you share her outrage and share her passion for protecting children, please let them know your thoughts as well.
Here is the letter:

April 5, 2019
Dear County Executive Elrich, Members of the County Council and Members of the MCPS Board of Education,
The Washington Post’s explosive story published on 3/31/19, “A football locker room, a broomstick and a sex assault case roil a school”, documents with sickening detail the continued, abject failure of adults employed by MCPS to protect children. Sadly, what occurred is not surprising to many of us in the community. It was foreseeable and preventable.
Since 2012, I have advocated for changes to be made to protect our children from sexual violence of all forms in MCPS schools. Changes to weed out offenders knowingly left in the classroom, to fix the culture which protects the system not children, to hold those who fail to protect our children responsible.
In December 2017, I sat with a still new superintendent of schools, Jack Smith in his office (along with Andy Zuckerman and Josh Civins). I acknowledged he did not cause this problem but he did inherit it and it was now his responsibility to fix the issues. I shared the changes MCPS had made and most importantly shared what still needed to be done. I told him what the schools had committed to change was not being implemented and even if it were, it was insufficient to protect children. I told him he was getting incorrect information and bad advice from staff. I urged him to call in outsiders as the people who create a systemic culture of allowing and enabling abuse simply cannot be trusted to fix it. Jack Smith told me moving forward I should communicate concerns directly to him, he told me he had instructed staff he was to be informed of every single incident of sexual violence in the school system. He told me he would take personal responsibility for fixing the issues.
Time and a trail of victims have proven those statements to be false. Led by Jack Smith, MCPS has continued to superficially address the issue instead of taking real action and our children have paid the price. Adults who have failed to protect have been allowed to blithely move on in their lives with no fear of punishment and thus no motivation to change; this thanks in part to Maryland being 1 of only 2 states in the country who do not have criminal penalties for failure to report abuse.
If the continued harm of children, much less the subsequent negative press, will not make MCPS change, we are justified in asking what will force MCPS to change. What could possibly force those to whom we entrust our children to follow the law, to act ethically and morally or at very least with common sense? Only this, the county must act decisively and put in new leadership who put the safety of children first.
County residents need to see strong leadership and action once and for all on preventing abuse and holding enablers accountable.
April is Child Abuse Prevention month; I look forward to the county taking concrete steps to protect our children. I call on you as the county executive to immediately take action to terminate the contract of Jack Smith and any and all other employees who knowingly chose to break the law, ignore policies and procedures and common sense which directly led to the harm of our children. I implore you to bring in independent investigators who will tell people what they don’t want to hear and then listen to them and fix this problem once and for all. I would welcome an opportunity to meet with you and discuss this further.
Sincerely,
Jennifer Alvaro
Resident of Montgomery County
MCPS graduate
Parent of current MCPS students
LCSW-C (MD & VA), Certified Sex Offender Treatment Provider (VA)

The Washington Post:  A football locker room, a broomstick and a sex assault case roil a school

Wednesday, March 27, 2019

.@SenatorSusanLee "This bill’s use of actual knowledge as well as not including mandated reports of victims after they turn 18, will set safety for our children back, instead of moving it forward. This bill (contrary to proponents’ statements) would not in fact give justice to the [MCPS] children victimized by Lawrence Joynes, Jose Pineda, John Vigna, Mark Yantos or Daniel Picca. All MCPS teachers, all left in the classroom by MCPS officials who knew for a fact they were dangerous and had them on written “restrictions” to stop touching children."

Oppose
HB 787 / SB 568

Crimes - Child Abuse and Neglect - Failure to Report

April 2019

Written testimony respectfully submitted by
Jennifer Alvaro
Licensed Certified Social Worker – Clinical, MD
Licensed Clinical Social Worker, VA
Certified Sex Offender Treatment Provider, VA
Clinical Member, ATSA

For the past several years, I have been advocating for Maryland to fulfill its duty to protect our children, the most vulnerable among us. Having lived in Maryland my entire life, having been a social worker for 25 years, I was deeply disturbed to discover Maryland isone of only two states in the nation without a criminal penalty forfailure to report.
While always hoping professionals will act morally, ethically and legally, it has been a rude awakening to have learned this is not the case many times for those to whom we entrust our children. As a resident of Montgomery County, what I have learned in the past seven years is for decades many mandated reporters in the Montgomery County Public School system and other systems across the state have violated the law by failing to report their suspicions of child abuse. This is not a baseless accusation or unfounded speculation. I say this because advocates and news media have documented proof via court testimony, MPIA requests, interviews and admissions in public meetings. Admissions made by mandated reporters they knowingly chose not to report suspicions of severe cases of abuse to authorities. Their choice not to follow the law by reporting led to the abuse of more children.
Time after time we see systems protecting themselves instead of children because in Maryland mandated reporters have no fear of being held accountable for breaking the law. That is why, as a mandated reporter myself, I have advocated strongly for adding criminal penalties for the egregious cases of failure to report we have seen far too often in our youth serving organizations in Maryland.
Heartbreakingly, I am submitting this testimony to OPPOSE this bill. This bill, though desperately needed, is dangerous as currently written, this bill will not only fail to right a wrong, it will make things worse for children in Maryland.
This bill’s use of actual knowledge as well as not including mandated reports of victims after they turn 18, will set safety for our children back, instead of moving it forward. This bill (contrary to proponents’ statements) would not in fact give justice to the children victimized by Lawrence Joynes, Jose Pineda, John Vigna, Mark Yantos or Daniel Picca. All MCPS teachers, all left in the classroom by MCPS officials who knew for a fact they were dangerous and had them on written “restrictions” to stop touching children.

For those reasons, I am dismayed be forced to oppose this bill and urge you to issue an unfavorable report.   


Monday, February 25, 2019

Breaking: Former MCPS Substitute Teacher Jose Pineda Deported. Did not Serve Out Term. Not Registered as Sex Offender.

Former MCPS substitute teacher and bus driver Jose Pineda, who was sentenced to 5 years in prison, 5 years of probation, and the requirement to register as a sex offender in 2015 for the sexual abuse of MCPS students, did not serve out that sentence.


As of today, Jose Pineda is shown in Maryland Judiciary Case Search as having been deported.

Why was he deported? What was his status when he was working for MCPS as a bus driver and as a substitute teacher? 


Jose Pineda did not serve his 5 year prison sentence, is not on 5 years of probation, and is not a registered sex offender.  He is somewhere in the world free of the constraints of his sentence.  He is not being monitored by a probation officer.  Have the officials in the country he was deported to been notified of his conviction?  Is he again working with children? 

Montgomery County State's Attorney John McCarthy spoke about the possibility of Jose Pineda being deported after his sentencing in May of 2015.  State's Attorney McCarthy said:
"He should serve his time before he is deported because unfortunately what we have seen in the past is individuals who have been summarily deported, gone back to their home country, and then simply snuck back in to the United States... More importantly, he'll be put on the Sex Offender Registry for the remainder of his life."  
https://www.nbcwashington.com/news/local/Former-Substitute-Teacher-Gets-Five-Year-Sentence-for-Sex-Abuse-of-Students-305515331.html
Below are some articles to remind readers about Jose Pineda's arrest and conviction.  Remember that Jose Pineda was one of the MCPS employees who was known to have misconduct incidents involving inapproriate touching of children, but was allowed to continue working in MCPS classrooms.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Former substitute teacher sentenced for sex offenses
May 29, 2015
WASHINGTON — A former Montgomery County substitute teacher will go to prison and will have to register as a sex offender for abuse that one victim says began back as far as 2004.

Jose Pineda, a Gaithersburg 50-year-old, pleaded guilty to two counts — one count of sex abuse of a minor and one count of a 3rd degree sex offense. On Friday, a judge sentenced him to 10 years on each count with all but five years suspended. 
Judge Joseph Dugan explained the sentences would be concurrent, meaning that Pineda will spend a total of five years in prison, and then will face supervised probation with a number of conditions including having to register as a sex offender every three months for the rest of his life...

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Monday, June 1, 2015


...But Assistant State’s Attorney Timothy Hagan said Pineda violated the trust students put in their teachers. He said Pineda had been reprimanded by administrators at two schools for inappropriate sexual conduct...

...The victim who was molested in 2004 said she and her mother had reported the incident to school officials, but Pineda was allowed to continue teaching...


http://parentscoalitionmc.blogspot.com/2015/06/the-victim-who-was-molested-in-2004.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
November 8, 2014
Montgomery County school officials are reviewing their parental
notification procedures after conceding that a mistake was made at Roberto
Clemente Middle School in Germantown.
The school’s principal, Khadija Barkley, sent a letter home to parents on
Friday, informing them that a substitute teacher was accused of having
inappropriate contact with a student September 30. The principal apologized for
not telling parents sooner...
https://wtop.com/news/2014/11/after-principals-apology-a-push-to-keep-parents-informed/#ixzz3IcP7Vw8m

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Friday, November 14, 2014


WPost: Montgomery County police said Friday that between five and 10 other students have come forward following recent school system notifications...


...The latest case involved a substitute teacher, Jose Pineda, 50, at Roberto Clemente Middle School who is accused of inappropriately touching a 12-year-old girl. Pineda was arrested Oct. 14, on a charge of child abuse, and the Germantown school’s parents learned about it on Nov. 7.
Montgomery County police said Friday that between five and 10 other students have come forward following recent school system notifications about Pineda’s arrest. Police said that the investigation is ongoing and that they could not provide details about any of the students’ accounts.
The case at Clemente Middle comes amid an uproar at John T. Baker Middle School in Damascus, Md., where parents were angered that almost a month passed before they were notified that a contractor, John E. Epps Jr., was arrested for allegedly touching a 12-year-old girl inappropriately in a school hallway...
 http://www.washingtonpost.com/local/education/parents-concerned-about-handling-of-inappropriate-contact-with-students/2014/11/14/25ce465c-6852-11e4-b053-65cea7903f2e_story.html 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Thursday, December 4, 2014

Montgomery County Police held a press conference at 11 AM on Thursday, December 4, 2014, regarding the arrest of MCPS substitute teacher Jose Pineda.
The press conference video is in two parts. The first part is just about 2 minutes in length. The second video is 30 minutes.
Jose Pineda employment history:
2000-2003 MCPS school bus operator
2003-2006 MCPS substitute teacher
2006-2013 not employed by MCPS
2013-2014 MCPS substitute teacher - worked 111 times in 20 different schools
  • Police want any one with information to contact them at this number: 240-773-5400.
  • Where did Mr. Pineda work during the years when he was not with MCPS? If anyone in the community knows, please contact the Montgomery County Police.
  • If any doubt that a law has been broken, police should be called.
  • If parents think that a child has been victimized and a law has been broken they should call the police.
  • There was somewhat of a delay in getting information to the police. (September 30th incident.)
  • If anyone believes there has been a criminal offense the police should be called right away. 
  • MCPS was notified of today's press conference, but did not participate