teacher union child molestation cover-up

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Background
School district administrators said they followed the law, as it
existed in 2000, when they didn't report the alleged abuse to a
statewide abuse hotline. They said they had no obligation to report
the incident because David Heil was not the boy's classroom teacher
and was not legally responsible for him.
Teacher receives 3 years in prison for abusing boy

Michael Zeigler
Staff writer


(November 22, 2007) -- Before he was ordered to prison Wednesday for
molesting a 9-year-old boy in a Rochester elementary school seven
years ago, teacher David Heil maintained his innocence and vowed to
appeal.

"The allegation ... is flat-out false," he said.

But Monroe County Court Judge Alex R. Renzi sentenced Heil to spend
three years behind bars and to be supervised by parole officers for
three years after his release.

Referring to a long delay in prosecuting Heil because the City School
District didn't disclose the allegations to law enforcement
authorities, Renzi said Heil and the school district betrayed trust
parents placed in them.

"Justice was not swift here, but justice certainly was served," Renzi
said.

A jury last month convicted Heil, 44, of East Rochester of two felony
counts of first-degree sexual abuse and a misdemeanor of endangering
the welfare of a child.

Although the victim, now 16, requested the maximum penalty of 14 years
in prison, Renzi said Heil didn't deserve it because he had no
previous criminal history.

Heil was suspended with pay after his arrest in 2006 and suspended
without pay after his conviction. The school district administration
will recommend that the Board of Education fire him, a spokesman said.

The boy testified that Heil abused him on April 28, 2000, at School 28
on Humboldt Street, where Heil was a second-grade teacher and the boy
was in the third grade.

The boy told his mother and she went to school officials, who assured
her that Heil would no longer teach. She decided not to contact
police. But the boy's mother went to police in October 2006 when she
learned Heil was teaching in another school because district
administrators and the teachers union had negotiated a deal that
restored Heil to the classroom. Heil was arrested after police
interviewed him and the boy.

Heil's lawyer, David R. Morabito, suggested the victim's mother
complained to police so she could file a civil lawsuit.

But Assistant District Attorney Douglas A. Randall said the boy's
mother felt betrayed because she had depended on the district to
safeguard other children.
 
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