Convicted Teacher Still Collects Paycheck

Alabama Mobile A teacher convicted of enticing a student for sex continues to collect a paycheck from the Washington County School District.

by Jessica Taloney

Published: Wed, June 04, 2008 - 9:07 pm CST Last Updated: Wed, October 01, 2008 - 11:03 pm CST

A Washington County teacher is collecting a paycheck from jail.
Charlene Schmitz, 55, was sentenced Monday to ten years and one month for using a computer to make sexual advances on one of her eighth grade students. Schmitz was convicted on two counts of the federal charge by a jury in February.
Two weeks after her conviction, the Washington School District voted to fire Schmitz and terminate her $51,666 a year salary, but News Five has learned the Alabama Office of Administrative hearings overturned the school board's decision.
"The board has done everything they could do to get her off the payroll," said Martin Pearson, the school district's attorney. "They're aware it's taking tax payer dollars, but at this point their hands are tied," he said.
Pearson says Schmitz, who still faces state charges for rape and sodomy, appealed her termination. In an opinion issued on April 23rd by Walter Turner, Alabama's Chief Administrative Law Judge, the Office of the Attorney General sided with Schmitz, saying "there is no provision in the Alabama Teacher Tenure Act, or any other statue, for the suspension of a teacher's salary pending the termination or suspension process under any circumstances."
Basically, Pearson says that means Schmitz must have an administrative hearing before she can be terminiated, and based on the concept of due process, Schmitz can't be forced to testify at an administrative hearing until after her criminal proceedings are over.
"I don't think it's fair at all," said Kesler Weaver, who serves on the school board and voted to fire Schmitz. "We should be able to terminate her under the circumstances.
Donna Marks, the victim's mother, agrees. "She is in prison, she is drawing a paycheck, paying an attorney to fight us, the victims," said Marks. "It makes absolutely no sense."
Schmitz attorney says he expects to appeal the federal conviction and sentence. Schmitz's state trial is scheduled to begin in November.

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sweetnsour Says:

Thu, Jun 05, 2008 at 11:29 pm

It is not a wonder that the school system is in the financial craps. We are paying for a pedofile that is not even teaching while dismissing teachers who are great. Conduct should not be tolerated based on tenure. Tenure was designed to keep teachers who had been there longer when a layoff situation was at issue.

MeAmerican Says:

Thu, Jun 05, 2008 at 11:10 am

Tenure=Laziness.

In other words tenure allows teachers to do even less than they do now. Must be a Union thing!

Why can’t job security and pay scale be based on job PERFORMANCE? Then again if that was the case there would be no union to protecet their sub-standard qualifications.

In a perfect world…. Oh forget it!

SumOneILove Says:

Thu, Jun 05, 2008 at 10:49 am

Tenure is a big accomplishment for teachers. It means a raise and job security. Tenure protects teachers from being pink slipped like what happened this year. It was just awful!! I do not have my tenure yet but i am only a few months away from getting it and I will be so greatful when that day comes. Not because I want to screw off but because of the benefits and personal accomplishment that comes with it. Teachers who are nontenured are constantly monitored and assessed. Teachers who become tenure are on full evaluation every 3 years and trust me that does not mean the principal will not come sit in your room the other 2 years. Also, tenure does not mean you can get away with things such as this. She will get her justice! I just feel like teachers are given a bad name because of the select few that decide to do stupid stuff such as this.

fastwheels Says:

Thu, Jun 05, 2008 at 10:09 am

I agree. This issue of tenure is ridiculous. No other job carries such protection of “I screw up and you can’t get rid of me”. It is ridiculous. Also, while I agree that students should be drug tested, and yes I have kids in school, did you know the teachers fought to not have them (the teachers drug tested). If we cant trust the people with whom we leave our children with, and the lack of morals that they have (some) then we should just close public schools if we can not do better than this.

chip68 Says:

Thu, Jun 05, 2008 at 8:23 am

What has happened to teachers of today? I don’t mean all of them but a lot of them that are out there.But as I said before something does need to be done to eliminate the tenure act. Maybe it would make some of the teachers look at what they do alot differently. And just maybe we wouldn’t see as many teachers on the news for things like this or other issues like the one a couple of years ago. Wouldn’t it be nice if we all had a safety net, then none of us would have worries of any kind or worry about the quailty of our work because our job would still be there for us. What a world we live in!

chip68 Says:

Thu, Jun 05, 2008 at 8:01 am

I’m sorry but I feel the teacher tenure act should be thrown out the window. Why should they be able to do what ever they want on campus or off campus and have a safety net to keep their jobs and/or pay? These teachers spend a great deal of time with our kids. Do they not realize some kids see them as role models and they should act accordingly on or off campus. To me tenure shows you can get away with anything and have no worries. Sorry, but this is wrong! I had the pleasure of meeting and spending time with what I call and old school teacher who just retired last year. One of the things that impressed me is, I knew she smoked occasionally after dinner, we were at a resturant and she never had a cigarette. I asked her why, she said that she only smoked at home because she never knew if she would run in to a student and it wouldn’t be appropriate for one of her students to see her smoking. She said as teachers they should set examples and I agree with her.