IPS Policy, Indiana Law Allows Children To Be Restrained

Advocating for the use of positive behavioral interventions and supports in place of aversive measures such as restraint, seclusion, and other abusive practices.

Updated: Thursday, 19 Nov 2009, 10:40 PM EST
Published : Thursday, 19 Nov 2009, 9:06 PM EST
http://www.wishtv.com/dpp/news/crime/Greenwood-coach-sentenced-for-abuse
FRANKLIN, Ind. (Daily Journal) - A former Greenwood tennis coach has been sentenced to two years in prison after inappropriately touching three teen girls who came to him for private lessons.
Don Kawamoto, 53, pleaded guilty in August to three felony counts of sexual misconduct with a minor as part of a plea agreement with the Johnson County Prosecutor's Office.
He was joined at his sentencing hearing Thursday afternoon by friends and family, including his wife and four children, who spoke of Kawamoto as a good man, father and tennis coach.
Eight years in prison was the maximum sentence Kawamoto could have received. Factors such as a lack of criminal history balanced with the fact that Kawamoto broke a trust relationship with the victims led Johnson County Magistrate Richard Tandy to hand down a sentence of six years at the Department of Correction with all but two years suspended.
Kawamoto was arrested in January after a 15-year-old girl told police that he put his hands down her shirt and touched her breasts during a private lesson at a school facility, according to a probable-cause affidavit.
Kawamoto was fired from his first-year job as the boys varsity tennis coach at Greenwood Community High School.
At Thursday's hearing, the mother of one victim read a statement aloud, detailing how her daughter's life was affected by Kawamoto. Her daughter has problems sleeping and seldom goes out with friends, instead opting to stay home.
Kawamoto's family painted a different picture of him. His wife, Cindy, spoke of an attentive, devoted husband who would do anything for his children, on the tennis court and at home.
Getting fired from his job and having to register as a sex offender and endure media attention has been enough of a punishment, Cindy Kawamoto said.
Her husband apologized to his victims and wished them good luck in the future in both academics and athletics.
"I'm truly sorry for what I did," Kawamoto said during his hearing.
He originally faced another felony charge, sexual battery, but the prosecutor's office could prove only one of the two felonies from the first victim, Johnson County Prosecutor Brad Cooper has said.
Prosecutors opted to pursue sexual misconduct with a minor instead of sexual battery because the former charge is a higher-class felony and comes with a harsher sentence.
Two other girls came forward after the first teen made a report, and both said that similar incidents had happened to them over the past two years, the affidavit said.
The girls told police they couldn't remember how many times the incidents happened because they occurred often. In the case of one of the girls, Kawamoto told her parents not to come with their daughter to her lessons because their presence made her not practice as well, the affidavit said.
In two cases, Kawamoto called the girl a crybaby. He called one girl a crybaby after she wouldn't lift up her shirt for him and told another girl she was one, too, according to the affidavit.
After the first victim came forward, Kawamoto told police that he was trying to improve the girl's swing and accidentally touched her breast, Greenwood Police Chief Joe Pitcher has said.
Kawamoto later told officers that he touched the girl for sexual gratification and that in the past he had paid extra attention to positioning students because it gave him sexual gratification, Pitcher said.
As part of his sentence, Kawamoto will have to continue counseling.
By Vic Ryckaert
November 14, 2009
http://www.theautismnews.com/2009/11/14/teacher-accused-of-hitting-student-will-avoid-trial/
A former Perry Township teacher has surrendered his teaching license to avoid trial on allegations that he struck a disabled student in 2008.
Thomas Cripe, 65, will not be allowed to teach in Indiana or other states under a diversion agreement filed Friday in Marion Superior Court.
“It turned out to be a good outcome for everyone,” said his attorney, John Kautzman. “The state and the victim’s mother didn’t want him to teach anymore, and our client was enjoying his retirement.”
If Cripe does not get arrested in the next two years, prosecutors will dismiss two charges of battery that alleged Cripe twice struck Brent Mobley, then 20, in August 2008 at RISE Learning Center, 5391 Shelby St.
Mario Massillamany, a spokesman for County Prosecutor Carl Brizzi, said the key goal was ensuring that Cripe never returns to a classroom. “The victims, their biggest concern was that he never teaches again, and that he admits guilt.”
Mobley has autism and severe mental retardation. Cripe’s attorneys, Kautzman and Andrew Duncan, said Mobley was unruly and struck the teacher first.
In each instance, defense attorneys said, Cripe struck Mobley across the face after verbal commands failed. Cripe, a teacher for 17 years, retired after the incidents.
Kautzman said he believed Cripe would have won an acquittal had the trial continued. State law, he said, gives teachers the right to use a reasonable amount of corporal punishment to maintain order.
By DEANNA MARTIN (AP) – 1 day ago
http://www.google.com/hostednews/ap/article/ALeqM5jz40lAv8lDbug_Z92lZNcr35ajLAD9B7UAJ80
INDIANAPOLIS — The mother of an 8-year-old autistic boy with severe peanut allergies said Friday that an Indianapolis teacher gave her son a peanut-filled candy bar in hopes of making him sick so he wouldn't go on a field trip.
A lawsuit filed by the boy's mother, Anita Young, alleges that special education teacher Trinda Barocas told a classroom aide that the boy would likely misbehave and "maybe he could be sick enough not to attend and we won't have to deal with it." Young said her son, Jacob, who is mostly nonverbal, gets hives and experiences swelling if he merely touches peanuts.
Officials at Mary Bryan Elementary School in Indianapolis contacted Young in March after classroom aides reported that Barocas mistreated the boy, who was 7 at the time, and another child.
"She knew how severe his allergy was," Young said Friday. "To tempt a child with something that could take their life — honestly, it blows my mind. I think that she should be held accountable for what she's done."
Jacob didn't eat the candy bar, probably because he does not eat unfamiliar foods and didn't recognize its yellow wrapper, his mother said.
Department of Education officials and Marion County prosecutors are investigating.
Barocas, who no longer works at the school, does not have a listed phone number and her lawyer did not return a call seeking comment Friday. She told state investigators earlier this year that the allegations were false and she did nothing to prevent the boy from attending the field trip, according to a Department of Child Services report provided by Young's attorney. A department spokeswoman wouldn't confirm whether the agency investigated the case, citing confidentiality laws.
The lawsuit said one classroom aide told school officials that Barocas treated the boy like a "caged animal" by keeping him for hours in a cubicle that should have been used for short times alone. Barocas also was accused of pinching the boy, standing on his foot so he could not move his leg and grabbing him by the arm to drag him around the classroom.
Young believes criminal charges are warranted.
"I'm outraged. When I think about my son's face — he can't speak — I just have to see the torture in his face," Young said, holding back tears. "It hurts a mother to know that every day I sent him back there."
The lawsuit, filed Sept. 22 in Marion County Circuit Court, seeks unspecified damages and said school officials should have known about the abuse and had a duty to protect the boy.
The school district said in a statement Friday that it filed a report with Child Protection Services immediately upon learning of the alleged abuse on March 16. Barocas was put on administrative leave with pay on March 19 during the investigation. She told the school in February, before the allegations were made, that she would resign at the end of the school year. Officials said it was for reasons unrelated to the abuse.
Barocas had worked at the school since August 2008. It wasn't immediately clear Friday when her employment with Perry Township Schools ended.
The Indiana Department of Child Services reviewed the classroom aides' complaints and found that Barocas, "did not want (the boy) to attend the field trip to the Indianapolis Zoo because of his behavior," according to a DCS report provided by Young's lawyer. "She stated that he did go and did many things that he was not allowed to do. Trinda compared (the boy) to an 18-month-old child several times. Trinda denied that she did anything or said anything to stop (the boy) from coming on the field trip.
The DCS report said aides also claimed Barocas hit a 9-year-old girl with Down syndrome on the lips in an attempt to make her pull her tongue back into her mouth. Barocas told DCS officials that she would tap the girl with two fingers on her mouth as a physical prompt. Barocas said it was a therapeutic technique, not abuse.
In 2007, Barocas was placed on administrative leave in Franklin Community Schools after a nurse told a child's mother that she saw Barocas force-feed the girl, slap her and improperly restrain her, according to The Indianapolis Star. Authorities cleared Barocas in that case.
"I did not, will not and would not hurt a child in my care," Barocas told the newspaper at the time.
Young said her son became more frustrated and angry, and would fight her when she tried to make him go to school at the time of the alleged abuse. He now attends a different school.
"He doesn't fight me to go to school," Young said. "It's wonderful to see him get up and put his backpack on and wait by the door."
September 21, 2009
By Jon Murray | Indystar
http://www.theautismnews.com/2009/09/21/lawyer-teachers-action-not-a-crime/
A former Perry Township teacher accused of twice striking a disabled student asked a judge Monday to dismiss his felony battery charges.
Thomas E. Cripe’s attorneys cited Indiana’s corporal punishment protections for educators, spelled out in laws and court rulings dating to the 19th century that give teachers some leeway as long as it isn’t excessive or cruel.
But a prosecutor said comparisons to previous cases missed the point: Cripe’s student was a 20-year-old man with autism and severe mental retardation.
“This young man was anything but an average student, was anything but an average child,” Deputy Prosecutor Tom McLennon said during a hearing in Marion Superior Court.
Judge Marc Rothenberg said he would rule on the motion to dismiss charges by Sept. 29. If he denies the motion, Cripe will stand trial Oct. 7.
Cripe, 65, is now retired and plans to let his teaching license lapse, his attorneys said.
His 17-year career ended after accusations of two incidents days apart in August 2008 at RISE Learning Center, 5391 Shelby St. The school serves special-education students from Southside districts in pre-kindergarten through high school.
Prosecutors charged Cripe with two counts of battery, a Class D felony, each based on accusations that he struck the face of student Brent Mobley. The first incident took place during a diaper change in a bathroom, the second at a classroom table.
Both times, Cripe’s attorneys said, Mobley was unruly and struck the teacher first, and he responded with a light touch after verbal commands failed.
“Those two incidents do not rise to the level of a crime,” defense attorney Andrew Duncan said. “It is our contention that Mr. Cripe was trying to restore order to a classroom where there was a disruptive student.”
Perry Township Schools officials have said striking a student is never acceptable.
Many districts put such prohibitions into policy, but the Indiana Court of Appeals affirmed last year that teachers have some criminal immunity. A panel upheld the dismissal of a misdemeanor battery case against a Beech Grove High School physical education teacher accused of slapping a student.
Mobley’s mother, Mary Leiber, said she hoped Rothenberg would allow Cripe’s case to proceed to trial. Her son, who speaks in two- or three-word sentences, still refers to the incident, she said after the hearing.
Minutes earlier, she told the judge that a full year in Cripe’s room changed her active, energetic son. “He was always very loving,” Leiber said, “until this incident.”