Hannah Penn teacher arrested
The middle-school gym teacher was charged with indecent assault. The school district was also cited.
By RICK LEE and TED CZECH, Daily Record/Sunday News, June 10, 2005

LINK

Hannah Penn Middle School gym teacher Edward Fullum III was jailed Thursday in lieu of $25,000 bail for alleged sexual contact with four female students.
Fullum, 55, of Spring Garden Township, is charged with four counts each of indecent assault, corruption of minors and unlawful contact with minors. He also is charged with three counts of harassment involving three other students, York City Police Detective Dana Ward said.

Last week, Fullum said the allegations against him were "all false accusations."

"I've been teaching kindergarten through 12th grade for 27 years. ... You think I could get away with something for 27 years?" he said. "Do you think I would jeopardize myself at 27 years when I could retire at 30 years?

"I have been here for five years, and I haven't had a problem."

Fullum's attorney, Terrence McGowan, could not be reached for comment Thursday.

Fullum's arrest Thursday also resulted in a parole violation for a previous DUI conviction, Ward said. Should he post bail, he could remain in custody until coming before a judge for a parole violation hearing.

The York City School District was cited separately for failure to properly report suspected sexual abuse, a violation of the state's Child Protective Services Act, Ward said.

According to court documents, the investigation into the alleged abuse began in April when a 12-year-old student filed a complaint against Fullum. The girl claimed Fullum had improper contact with her, pressing up tightly against her back, on two occasions in gym class during the 2004-05 school year.

The girl told police she had reported the incident to four members of Hannah Penn staff.

Ward contacted the school and was advised an in-house investigation had been conducted with 56 students being questioned. He was told that 11 girls alleged inappropriate contact by Fullum.

Police served a search warrant on the school district in May after, Ward said, he was advised the results of the investigation and the names of the alleged victims would not be provided to police by the school.

Ward said the York County District Attorney's Office advised him to cite the school for failing to report the alleged activity.

In his affidavit of probable cause, Ward noted that "police and the DA's office were not notified of any investigation at all." He said he believed "police would not have been notified" if the student had not filed her complaint with police.

York City School Supt. Carlos Lopez and district spokeswoman Debi Beshore could not be reached for comment regarding the citation or Fullum's case Thursday.

Last month, Lopez said that the district had notified police of an internal investigation into the sexual-assault allegations.

"It is my understanding the Hannah Penn staff did everything they needed to do," he said. "We did our due diligence in this investigation."

School board member Tom Foust said Thursday the district "has always been conscientious of the law" as it pertains to abuse allegations. "I don't know the basis of the charge" against the district, he said.

Foust added, "I know that when allegations are made, the school district does an investigation by staff members who are knowledgeable and experienced in the law."

Ward said the citation was filed because "teachers are mandated reporters," and no one reported the allegations to authorities.

He said the district attorney's office chose to cite the "district as an entity" rather than individual district employees.

THE CHARGES
· Edward Fullum III, 55, of Spring Garden Township, is charged with four counts each of indecent assault, corruption of minors and unlawful contact with minors. He also is charged with three counts of harassment involving three other students.

· The York City School District also was cited for failure to properly report suspected sexual abuse, a violation of the state's Child Protective Services Act.

Source: York City Police

PA. CHILD PROTECTIVE SERVICES ACT
Pennsylvania's Child Protective Services Act specifically identifies professionals who are mandated to report suspicion of child abuse to law enforcement.

The list includes "any licensed physician, osteopath, medical examiner, coroner, funeral director, dentist, optometrist, chiropractor, podiatrist, intern, registered nurse, licensed practical nurse, hospital personnel engaged in the admission, examination, care or treatment of persons, Christian Science practitioner, member of the clergy, school administrator, school teacher, school nurse, social services worker, day-care center worker or any other child-care or foster-care worker, mental health professional, peace officer or law enforcement official."

The act overrides doctor-patient privilege but recognizes the "confidential communications" to clergy, which is protected under a separate statute.

The act protects mandatory reporters who make "good faith" reports from termination or employment sanctions.

Failure of a mandatory reporter to contact police is a summary offense, punishable by up to 90 days in prison and a fine of no more than $300 for the first violation, and a third-degree misdemeanor, punishable by up to one year in prison and a maximum fine of $2,500, for a subsequent violation.

The law also allows "any person" who has a "reasonable cause" to suspect a child has been abused to contact law enforcement.

Where are school leaders?
Sunday, June 19, 2005

The situation involving a gym teacher at Hannah Penn Middle School in the York school district is starting to smell really bad. The whole thing reeks of some kind of bureaucratic soap opera.
Recent events:

· York Police executed a search warrant on the district related to allegations of indecent assault.

· Edward Fullum III was recently charged with indecent assault, corruption of minors, unlawful contact with minors and harassment.

· The district was also criminally charged with failing to properly report the allegations to authorities. Police said they believed that had a female student at the school not filed a complaint, school officials would not have contacted them.

· Then it came to light that Mr. Fullum, who is married to a vice principal at William Penn and former principal at Hannah Penn, was on parole for a previous DUI charge.

It seems he'd pleaded guilty to DUI in Allegheny County in 2004.

And 1994.

And 1987.

And 1986.

Yes, four DUIs - which prompted some district parents to ask: What was he doing teaching in the district?

One DUI is a mistake - and the criminal justice system even gives police officers probation after a first DUI. But a second offense is a very serious lapse in judgment. Four is a clear pattern of irresponsibility and criminality. It's the kind of thing that should disqualify you from working with schoolchildren.

How on earth could Mr. Fullum have been hired in 2000 with a record of three previous DUIs?

Officials would not comment on whether the district knew about the DUIs before he was hired. An in-state check is required of all applicants. A federal check is also required of applicants who moved to Pennsylvania within the last two years. Really though, both state and federal checks ought to be required of all applicants - as the city district is now proposing. Your name might well run through more databases if you purchase an airline ticket than if you applied for a teaching position.

While DUI is not an offense that would automatically disqualify an applicant under state law, districts are allowed to take it into consideration. York district officials say Mr. Fullum would not have been recommended for hiring according to informal policies in place since 2002, under which even a shoplifting conviction would likely disqualify an applicant.

Good, but the policy should be formalized - and other local districts should adopt similarly strict criteria.

But it doesn't change the current situation: The district hired a three-time DUI offender and allegedly failed to report indecent assault allegations against him to police.

What's going on in the city school district?

Where is the leadership?

It seems like things are running out of control.

The board president spent the spring running for mayor. The rest of the board has been running for political cover, doing a Sgt. Schultz impression: "I know nothing . . ." The superintendent is running off to another job - taking a $50,000 pay cut so he can "spend more time with family."

Taxes are running through the roof - even as programs are being slashed and the board rejected the state's tax relief plan. The board had better step in here soon, show some real leadership, and clean up what's turning into an ugly soap opera.

Hannah Penn board steps up
Adminstrators want answers on investigation of gym teacher
By TED CZECH, Daily Record/Sunday News, Sunday, June 12, 2005

LINK

York City school board members say they are not typically privy to internal investigations conducted by the district's administration to avoid prejudice in case they have to render decisions based on the results of those probes in the future.
That may be why the administration waited until May 6 - after news broke about York City Police using a search warrant to obtain records of the district's investigation of Edward Fullum III - to officially notify board members that the Hannah Penn Middle School gym teacher was being investigated for alleged sexual assault.

And even then, that was about the extent of the administration's report to the board, said member Ellen Johnson.

"Normally, school board members would not necessarily be given that information," she said. "When we were briefed, it would appear that the district followed what was proper procedure, and police don't feel it was proper procedure."

But now that Fullum has been charged, and the district has been cited for failing to report the alleged assaults to police, board members find themselves struggling to get more information and to explain why they were not informed about details of the investigation into allegations that one of their teachers indecently assaulted their students.

District Supt. Carlos Lopez said May 6 the district had notified police of an internal investigation into the teacher's behavior with female students. But board President Jeff Kirkland said he wants to see evidence that the district told police about its investigation.

"I want to see the paperwork associated with these notifications," he said.

He added that there should be a review of the district's policies on reporting abuse, as mandated by state's Child Protective Services law.

"Obviously, we're going to talk about this," he said. "Again, there's some dispute on reporting. . . . The implementation of the policies related to incidents like these don't have the clarity that they need to have."

Still, he stood behind Lopez, saying, "I trust Mr. Lopez. He assured me that the proper notifications were made."

Assistant Supt. Tresa Diggs said she was surprised police and the York County District Attorney's office said the district should not have conducted its own investigation into the allegations against Fullum.

"That's what we do. That's what we've done for years," she said. "If there are any allegations, we do an internal investigation."

Kirkland said he disagreed with the assertion that the district should not have investigated.

"I think that would be cumbersome to the investigative process, and also cumbersome to the police force, investigating every allegation in the district," he said.

Kirkland said he will consult with Deloris Penn, coordinator of personnel for the district, about the investigation and whether it prompted the administration to take any action against Fullum.

"I'm interested to find out Mr. Fullum's status before he was charged," Kirkland said.

The district's investigation prompted the administration to tell Fullum to "change his school attire and stop having physical contact with the females in his class," police said in the affidavit outlining the charges against the teacher.

The criminal complaint asserted that Fullum often wore "extremely tight" gym shorts and had touched girls in his class in an improper manner.

Saturday, Diggs said Fullum "is not presently working actively in the district" but would not elaborate further.

Fullum is in York County Prison in lieu of $25,000 bail, charged with various offenses related to improper behavior involving students.

Diggs also said she will look into communicating with parents of Hannah Penn students about what has happened and what actions the district has taken.

"We will explore that when I get back on Monday," she said.

Kirkland thought it proper to notify parents about the situation.

"I don't want people to read the paper and think the district could allow this to go on without doing anything," he said.

Reach Ted Czech at 771-2033 or tczech@ydr.com.

Background
Hannah Penn gym teacher Edward Fullum III, 55, of Spring Garden Township, was arrested on Thursday by York City Police and charged with indecent assault, corruption of minors, unlawful contact with minors and harassment. He remains in York County Prison in lieu of $25,000 bail. Fullum has denied the allegations.

Police also cited the York City School District for failure to report suspected child abuse in accordance with the state's Child Protective Services law.