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X Files Star In Rehab
By Jessica Taloney Reporter
Published: Wed, June 04, 2008 - 10:07 pm
Jessica Taloney
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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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.