Legal Question in Criminal Law in New York

I was a teacher at a charter school in the Bronx (thus no union). I left the school to follow my wife out of state and the owner of the charter school was unhappy. (She has a history, not just to me of being cruel and vindictive-- if asked I can provide newspaper articles about a history of tension between staff and her and there was/is(?) at least one lawsuit filed against her by past staff). I thought everything was fine. I had students request to friend my on facebook. I know some teachers accept, some do not. I told my students to wait until they graduated, and if at that time, they wanted to be friends, I'd accept. Then I made a dumb mistake, I guess. In May, I started accepting friend requests-- I wanted to see them off in their senior year. I didn't initiate emails but I'd respond and ask about their college choices or how they liked prom, etc. I also came back from out of state to see them graduate. However, I was barred from graduation (taking place on a university campus). So I waited about 1/4 mile outside the building at the campus security checkpoint. 4 hours I waited for the graduation to finish so I could see and congratulate my students-- most of them I saw with their parents present. The head of school was not happy to see me. I received a letter in from a law firm representing the school that in my facebook I had inappropriate communications with student (and with one student I got too glib in answering questions about college, I admit, but nothing bad, nor did i ever condone or encourage anything illegal or harmful) and that coupled with my waiting at graduation posed a harmful threat to students. Even though the students and parents were happy to see me and I even signed a yearbook (mom was present). I was told my actions are being investigated, and they will be cooperating with the police and I am to never set foot at the school or be in contact with any student etc. Do I need a lawyer? Would I need a NY lawyer or WI (current state I reside) lawyer? Can this go to my record? Who would I ask to find out? The school isn't answering me and neither is the school's attorney


Asked on 7/21/10, 8:54 am

1 Answer from Attorneys

I'm not sure what you did wrong. Unless there is an order of protection against you, you are allowed to be on a public street.You are allowed to sign yearbooks and email people on facebook about their college choices. Hopefully, you did not engage in any sexual banter with a minor. I am a former federal and State prosecutor and I am now in private practice. If you need a lawyer, it would be here in NY where the school is. Feel free to contact me if you wish to discuss retaining an attorney. If I were your attorney, we would meet or speak about the situation in detail, I would review the school's letter and then reach out to the school's attorney to discuss the case before responding with my own letter.

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Answered on 7/21/10, 12:12 pm


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