Teachers put on leave over classroom sex
By Reid R. Frazier
TRIBUNE-REVIEW
Friday, January 6, 2006
McKeesport officials have hired a lawyer to investigate whether the
school district should fire two fourth-grade teachers who had sex
in a classroom several years ago while other teachers stood watch
at the door, officials said Thursday.
The district placed Patrick Collins, 54, former teachers union
president, and Angela DiBattista, 50, on paid leave Wednesday while
attorney Carl Beard of Altoona conducts the investigation.
Collins and DiBattista admitted they had sex inside her Cornell
Intermediate School classroom several times and in a school
bathroom between 1999 and 2001, according to an arbitrator's report
obtained by the Pittsburgh Tribune-Review.
Neither Collins nor DiBattista, both of McKeesport, would discuss
the report.
School Solicitor Jack Cambest said officials learned of the
classroom liaisons last spring while preparing for a grievance
hearing for Collins. The district fired Collins in September 2004
over DiBattista's claims that he had harassed and stalked
her.
The teachers' admissions of classroom liaisons stunned officials,
Cambest said.
"Normally, you don't have someone admitting to a possible violation
of the Public School Code during an arbitration hearing," Cambest
said.
In Pennsylvania, the school code states teachers can be fired for
"conduct which offends the morals of the Commonwealth and is a bad
example to the youth ..."
In August, arbitrator William J. Miller Jr ordered the district to
reinstate Collins with back pay, ruling that he had wrongly been
singled out for discipline. Miller dismissed allegations Collins
had harassed DiBattista.
Pennsylvania State Education Association lawyer Robert Abraham said
McKeesport lacks grounds to fire the teachers. The union
represented Collins.
"They sat on this for nine months, and now the only reason they are
doing anything about it is because of the publicity it will cause,"
Abraham said. "It was a personal matter between two teachers that
had no effect on students, that had no effect on their ability to
teach."
John Zoscak, DiBattista's attorney, said school officials had
promised his client immunity in exchange for her testimony against
Collins.
Collins, a district teacher for 31 years, is paid $73,703 annually.
He now teaches at Francis McClure Intermediate School in White Oak.
DiBattista, a 12-year veteran, is paid $50,168.
The report states teachers Michael Cherepko, 28, and Nicole
Lundberg, 30, guarded the classroom door during the encounters.
They said they thought Collins and DiBattista were only embracing.
No children witnessed the encounters. The district is also
considering disciplinary action against Cherepko and
Lundberg.
Cherepko, a McKeesport councilman since 2004, and Lundberg were to
whistle or call out to Collins and DiBattista if anyone approached
the classroom, according to the report. Neither Cherepko nor
Lundberg would comment.
Cambest said the district waited until now to take action because
officials had to sort out legal issues. The district last month
requested proposals from several high-profile law firms to head up
the investigation. Beard will be paid $145 an hour.
Beard will present recommendations to Superintendent Patrick Risha,
and the school board will vote on any disciplinary action, Cambest
said. No timetable has been set.
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