Saturday, June 15, 2013

Tenure Charges Hang over Music Teacher

Mr. Larry Markiewicz leads the Somerset Valley
Orchestra on the lawn of the Somerset County
Courthouse on an early summer evening, on
June 17, 2011.  (Credit/Bergeron Image)
It’s called “conduct unbecoming ". . . and, if a tenured faculty member of a school district within New Jersey is charged with that accusation; if a board of education certifies such accusations; and, if that and/or other charges are determined to be true under the education statutes of the State of New Jersey (Title 18A – Education), it can mean the end of a teaching career for that person.

The denouement of that situation, it appears, is precisely where the Bridgewater-Raritan Board of Education, its Superintendent, Dr. J. Michael Schilder, and a district music teacher now find themselves. 
Dr. Schilder, who goes off-payroll effective August 1, 2013 due to his imminent retirement, has charged Mr. Larry Markiewicz, a music teacher in this school district with conduct unbecoming a teaching staff member, insubordination and/or other just cause warranting dismissal and reduction in salary.”

In a closed session on Tuesday, the Bridgewater-Raritan Board of Education certified the charges contained in that document by a full vote of the board in favor of certification, with one board member abstaining.


The information which follows is culled from the official document of tenure charges brought against Mr. Markiewicz by Dr. Schilder, a copy of which I obtained on Thursday.

It comprises 10 individual charges which, in total encompass 19 total counts of “conduct unbecoming.”  Each of the 10 charges involves 10 individual high school students.
The 11th charge encapsulates the first 10, claiming a “pattern of conduct unbecoming a teaching staff member, and/or other just cause demonstrating unfitness to teach.”  None of the charges relate to sexual misconduct or sexual abuse.

The first three charges contain multiple counts of misconduct, while the other seven contain one count each which, in total, lay out a wide range of allegations involving Mr. Markiewicz.
FIRST CHARGE:  It contains eight separate counts, all of which allege “misconduct towards a student.”   It runs over four pages in length and, and its eight counts of misconduct constitute 42% of all other counts (19) combined.  Altogether, this first charge comprises the most voluminous description of allegations against Mr. Markiewicz. 

It is also the most recent in chronology, alleging that “on or about February 28th, 2013,” Mr. Markiewicz distributed “a written statement to the members of the Monday Jazz Band, and then conducting a meeting . . . in which the tone, context and language expressed by him to and about (the) student were totally inappropriate and contrived to cause embarrassment, and subject him to peer pressure and ridicule.”
This controversy seems to revolve around the “choice” of the student “to join the school’s Volleyball Team,” and of alleged “consequences” should the student make that choice. 

The student had “aspirations to attend the United States Naval Academy,” and this seems to also play a major part in the alleged “consequences.”
Dr. Schilder alleges that Mr. Markiewicz not only encouraged members of the Jazz Band “to pressure him into abandoning his decision to play volleyball,’ but that Mr. Markiewicz “threatened to destroy [the student’s] chances of being accepted to the Naval Academy if (he) chose to leave the Monday Jazz Band.”

The document further alleges that “Specifically Mr. Markiewicz told (the student) that he knows the Navy Band Conductor, marine recruiters and several marines and that word would get out if (he) quit the Band.”
SECOND CHARGE:  It involves three counts concerning “a talented swimmer [who] qualified for the nationals on his YMCA swim team in his sophomore year.”  He told Mr. Markiewicz “that he would need to miss a week of school in order to attend a competition in Florida . . .” The allegation is that Mr. Markiewicz “became very upset and told him there would be ‘consequences.’” 

The tenure charge further alleges that Mr. Markiewicz was told by this student that “he needed to improve his swimming times in order to get a college scholarship to help mitigate the financial burden on his family,” and that “Mr. Markiewicz reacted unsympathetically, informing [the student] that he [the student] was ‘going to kill the band program,” and that he “was making a terrible decision and would regret it.”
THIRD CHARGE:  This one contains two counts alleging that Mr. Markiewicz “exhibited a complete disregard for the health and well-being of student [x].”

Moreover, this charge incorporates “all of the foregoing charges and the facts alleged therein;” that is, it piggy-backs all of the eleven counts and allegations contained in charges one and two above, and includes them in this third charge. 
This student “was a member of the marching band which she had joined as a freshman.”  She had anticipated joining the “marching band’s scheduled trip to the BOA Nationals in Indianapolis during the 2010-11 season,” but fell ill with what “she believed to be coxsackie.”  When “her mother insisted on taking her to the doctor, [she] pleaded with her not to do so, fearful of the consequences.”

This charge further alleges that “After personally witnessing Mr. Markiewicz ‘. . . humiliate/torture other band students. . . ‘to the point where she ‘began feeling physically ill when . . . [she] entered class,’ she resigned, notwithstanding her fear that she would become the target of ‘. . . retribution for so doing . . .’”
OTHER CHARGES:  One of the other six single-count charges involves allegations against Mr. Markiewicz that he was observed by a student of engaging in “completely inappropriate, outrageously hostile, and verbally abusive behavior which included, but was not limited to him yelling, screaming and cursing in class . . . and [using] kids against each other.”

Another charge argues that Mr. Markiewicz’s conduct caused a female student to “hate to come to school, cry at night, and have panic attacks.” 
Other single-count charges deal with allegations of “using profanity in the presence of students, including but not limited to f---,s--- and G-----,” . . . “divulging confidential information about [one] student to another student,” . . . ,telling a mom whose child “had been not feeling well and was absent from school for a few days . . . that it was okay for [that student] to stay home from school and come after school so that he could participate in the afterschool activity . . .  in violation of Board Policy.”

And so it goes – story after story taken from a 17-page series of allegations which seeks to remove Mr. Markiewicz from his position in the school district.

Thanks for reading.

(Click on the photo for an enhanced view.)

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