Complaint Filed Against FWCS For Wrongly Identifying Man As Sex Offender
Posted by Jeff Pruitt - 6/25/08 @ 12:54 am - Filed Under Local Politics
Dan Jehl’s article in the current Frost Illustrated discusses a complaint filed with the Indiana Civil Rights Commission against Fort Wayne Community Schools by José R. Luera. Luera was the victim of identity theft and to make matters worse for him the thief turned out to be a registered sex offender. He was cleared by Allen County Sheriff’s Department but before that he was banned from Indian Village where his daughters go to school.
The crux of the complaint seems to stem from the allegation that even after he was cleared the school district still treated him differently than everyone else. A list of his grievances are given in the article:
The family’s formal complaint contends that despite the apology, discriminatory treatment by the school occurred against his entire family during the 2007-08 school year—months after the school’s apology.
Luera described some instances. One was a request to meet with the school’s evaluator of special needs children to discuss his special needs daughter. Luera said that the principal refused his request.
“I’ve been bullied by the principal, and even prohibited from picking up my special needs daughter,” he said.
Rose Luera recounted picking up her children and added, “The principal would make us stay out and arrange for an escort.”
The Lueras described these specific charges. The formal complaint includes most of them.
- Being told by the principal that the parents need to “make arrangements” to visit their children’s teachers while other parents did not;
- Being “escorted’ in and out of the school when visiting teachers or picking up the children who were waiting inside;
- Not being allowed to have lunch on Fridays with their children in the school cafeteria, despite doing so in the past and others doing so;
- Not taking appropriate steps when the daughters told their teachers and the principal they were “scared” at school because their fellow students were saying “bad things about my dad being a sex offender;”
- Not offering counseling to the children, sensitivity training for the teachers and damage control efforts for staff, teachers and students.
The remedies sought in the complaint are:
- “Justification” from FWCS on why the ban was imposed;
- Payment for family medical bills incurred for health issues relating to the alleged mistreatment, and
- A formal statement that the family will be treated the same as all other families.
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20 Responses to “Complaint Filed Against FWCS For Wrongly Identifying Man As Sex Offender”
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Here’s my question. How did the other students find out that José R. Luera had been identified as a sex offender (via a background check)?
Somebody’s lips were flappin’.
Was it school personnel? Was it the parents themselves?
Just curious as typically, something like this would be held in the strictest of confidence (or so I’d like to believe).
How did they find out? Good question.
The family did not know, but point in the school’s direction with no written evidence. When asked about written materials, such as bulletin board postings or staff notes, the family was not aware of anything in writing either before, during or after the May letter from the school to the family imposing the restricted-not absolute-ban on Mr. Luera being on the school property followed three weeks later by an “apology” from the school to Mr. Luera. When FWCS was asked about “communications” to convey the truth or accurate information about the incident, FWCS replied with the “prepared statement” in the article since the matter is under investigation by the Civil Rights Commission.
And so it seems people were talking and someone let that cat out. Who? May never know.
Dan and Kristina:
I have been a substitute teacher at Indian Village multiple times during the 2005-06 and 2006 - 07 school years. In my time at the school, I felt very uncomfortable and very judged during my stays. The students did not make me worrisome, as they seemed very appreciate for my prescense. However, the unprofessionalism displayed by the administration, faculty and staff made me shudder in disgust several times. I was afraid for my career several times, due to the ‘looks’ I recieved from those who were in power. My friend who attended Canterbury for most of her school years, then taught as a teacher at Indian Village states it best “I would have stayed at Indian Village as I loved the students and teaching. I left due to the constant gossip and ugly politics created by the principal.”
Kristina,
This is how the other students probably found out. One parent told his or her own kid. That kid told all the other kids. Children will believe anything, and will repeat anything.
“This is how the other students probably found out. One parent told his or her own kid. That kid told all the other kids. Children will believe anything, and will repeat anything.”
Please know that administration, faculty and staff have eyes and ears, and can put a stop to the gossip. They choose not to do so!
Robert - but that parent had to find out from either the school administration OR the accused parent. That’s my beef (well just one of them) with this situation.
So to summarize…..
1) The parent’s name was placed on a national crime alert - by mistake. Everyone seems to be in agreement with that.
2) The principle (I assume) was following FWCS protocol when she sent the letter to the accused.
Side note #1 to FWCS: You probably want to have your lawyers do this - and not your principle. Your principle should be concerned with the education of the kids in their school.
Side note #2 to the public: If FWCS had not taken any action, I’m sure there would have been outrage and lawsuits on FWCS not protecting their sons and daughters from sexual predators (yes, even though in this case - it was a mistake made by the government).
3) The accused contacted an attorney (good move).
4) The principle writing back to the accused attorney (with a cc: to the accused) - I’m unclear why this is a bad thing because it was the attorney who initiated the contact with her. Enlighten me.
5) I’m assuming that FWCS lawyers were alerted by this point - if not - shame on the principle. The wording in her reply to the lawyer and the accused comes across as very “lawyerly”. It has the words “apologize” in it (although I’m sure, the accused wanted MORE of that then they received).
Am I missing something here?
6) It seems the real issue is - were the accused and his family - STILL treated as criminals, despite the clear up of the mistake and despite the letter from the principle admitting it was a mistake.
And now FWCS is saying in their reply - nope - when we realized the mistake - you were invited back like everyone else - so the issue here is the timeline.
If the timeline was as the family stated, I think it will be difficult for them to prove all of the allegations unless they have corroborating witnesses/hard evidence.
I’ll look forward to hearing how this all turns out.
I tutored at Indian Village last year and I can ony say I have a very positive impression of the school and principal Stephanie Bourne. My wife and I have been doing Project Reads there for four years. When I was subbing it was unusual to see requests for subs from Indian Village because subs wanted to teach there. Whatever Mrs. Bourne’s actions, they were undoubtedly dictated by policy from Clinton Street.
When I was subbing it was unusual to see requests for subs from Indian Village because subs wanted to teach there.
You are in contradiction! May be it was unusual for request for certain subs, because Ms. Borne pushed those individuals that did not kiss her behind out!
Kristina:
You are a product of FWCS, I can tell by your spelling.
They probably don’t teach the difference between principle and principal at FWCS. But then again maybe the principal was the principle party in the matter. :)
On the real issue… who was responsible for placing the parent’s name on the National Crime Alert?
KnowsTooMuchInformation
You probably want to refrain from insulting me/my education due to a typo or two.
I not only attended FWCS, but also several others including the Fort Wayne/South Bend Archdiocese system, Indiana University, and Purdue University.
Happy to take you on 1:1 for spelling, and any other academic pursuits you want to get into. Otherwise, STFU (in the most loving way).
SOME ANSWERS TO SOME QUESTIONS RAISED EITHER IN FWP OR ELSEWISE.
FEEL FREE TO CHALLENGE SPELLING, GRAMMAR OR STYLE OR CONTENT; BUT PLEASE LET’S NOT LOSE SIGHT OF THE MAIN POINTS OF ISSUE. IT’S THE FOREST AND THE PATTERN OF THE TREES IN THIS AMAZING STORY THAT SHOW A BIG AND BIGGER PICTURE TAKING SHAPE.
WHAT RACE IS THE REAL OFFENDER?
WHITE AS IN CAUCASIAN.
HOW DID THE REAL OFFENDER GET THE ID IN THE STATE OF FLORIDA?
HE USED THE SS# OF FORT WAYNE’S JOSE’ LUERA, AS WELL AS HIS FIRST NAME; AND THEN HE CLEVERLY SWITCHED THE MIDDLE TWO VOWELS AND BECAME JOSE’ LEURA. THE WALLET WAS LOST OR STOLEN BY LUERA SO THE REAL OFFENDER PROBALY GOT IT.
WHO WAS RESPONSIBLE FOR PLACING JOSE’ LUERA’S NAME ON THE NATIONAL SEX OFFENDER ALERT?
GOOD QUESTION. WHAT FLORIDA DID DO AFTER A SEX CRIME WAS COMMITTED THERE WAS SEND OUT A SEX OFFENDER ALERT TO ALL 50 STATES STATING THAT JOSE’ LEURA WAS CONSIDERED A SEX OFFENDER.
(NOTE: THE NAME WAS JOSE’ LEURA AND NOT JOSE’ LUERA). SO THE STATE OF FLORIDA DID NOT PLACE FORT WAYNE’S LUERA ON THE SEX OFFENDER LIST OR ALERT. THIS SURFACED IN INDIANA WITH THE MAY 7 LETTER FROM VILLAGE ELEMENTARY PRINCIPAL TO JOSE’ LUERA IMPOSING THE RESTRICTED BAN ON HIM SINCE IT CAME TO THEIR ATTENTION THAT HE HAD COMMITED SEX CRIMES AND WAS AN OFFENDER.
WHY? THE NAME WAS NOT AN EXACT MATCH. AND THE 50-STATE ALERT INCLUDED A PHOTO OF THE REAL OFFENDER JOSE’ LEURA, SHOWING HE IS A CAUCASION AND DOES NOT LOOK AT ALL LIKE JOSE’ LUERA IN FORT WAYNE.
WHY DOESN’T THE FAMILY JUST PULL THEIR CHILDREN FROM THE SCHOOL?
ANSWER: WOULD YOU? ISN’T THAT AN ADMISSION OF DEFEAT? SHOULDN’T THE PARENTS BE ROLE MODELS AND STAND UP FOR THEIR PRINCIPLES?
AND SADLY IT HAPPENED ANYWAY. IT WAS THE LUERAS’ OLDER CHILD—THEIR SON ATTENDED SOUTH SIDE HIGH SCHOOL. DURING THE PAST ACADEMIC YEAR, HE MOVED. HE WENT TO LIVE WITH WITH HIS UNCLE AND AUNT OUT OF THE THE FWCS SYSTEM.
WHY? THE LUERAS SAY IT WAS BECAUSE OF THE MISTAKEN IDENTITY-related problems at school and home. THERE WERE ACADEMIC PROBLEMS AND FRUSTRATION. HE DID PULL OUT OF SCHOOL–A DIFFERENT SCHOOL AND ONE WHERE THERE WAS NOT GENERAL KNOWLEDGE OF THE MATTER.
NOTE AGAIN: THE COMPLAINT DOES NOT AT ALL INCLUDE SOUTH SIDE HIGH SCHOOL. THERE IS NO CHARGE AGAINST THE PRINCIPAL THERE. THE SITUATION WITH THE SON WAS AN OVERALL WHAT IS BEST FOR HIM AT HIS AGE? WHAT TO DO? THE PROBLEMS MAKE TI BAD FOR HIM AND SO WHAT IS BEST FOR HIM?
THE LURERAS ARGUED DURING THE PAST YEAR TO KEEP THE DAUGHTERS AT INDIAN VILLAGE. THERE WAS CONCERN SINCE THE SCHOOL RAISED THE IDEA OF A TRANSFER OF ONE OF THE DAUGHTERS TO HOLLAND ELEMENTARY; AND THE LUERAS OBJECTED AND ARGUED TO KEEP THEIR DAUGHTERS AT VILLAGE ELEMENTARY.
WHY WAS IS IT NOT A GOOD THING FOR THE LETTER OF APOLOGY TO COME FROM THE FWCS ATTORNEY WITH A COPY TO MR. LUERA?
BECAUSE SCHOOL ADMINISTRATION PRINCIPLES–LIKE TEXT BOOK ONES–CALL FOR MORE THAT COULD AND SHOULD BE DONE, AND THE COMPLAINT INDICATES THIS POINT. THERE IS NO PROBLEM WITH COPY METHOD OF NOTIFICATION. THE LEGAL DEPARTMENT ESSENTIALLY TOOK OVER.
BUT WHY WASN’T MORE DONE BY THE ADMINISTRATION? SOME CALL FOR A LETTER FROM THE PRINICPAL TO THE FAMILY IN ADDITION TO THE LAWYER LETTER. THE COMPLAINT ITSELF STATES THAT THE LUERA’S ASKED FWCS TO “RESCIND” THE PARTIAL BAN UPON MR. LUERA ON SCHOOL ENTRY. THE LAWYER LETTER WAS AN APOLOGY AND DID NOT ADDRESS THE RESCIND REQUEST AT ALL. SOME SAY THE PRINCIPAL SHOULD HAVE DONE SO. AND NEEDS TO DO IT NOW BEFORE SCHOOL STARTS AGAIN.
DOESN’T IT REALLY COME DOWN TO THE TIMELINE AS TO WHERE THERE WAS DISCRMINATION OR NOT?
YES AND THAT IS WHAT IS ALLEGED IN THE COMPLAINT. THE TIMEFRAME IS THE 2007-08 ACADEMIC YEAR. THE FWCS APOLOGY WAS IN JUNE 2007. HOWEVER, THERE IS ALSO THE ISSUE OF HOW THIS WAS HANDLED BY FWCS WHEN THEY RECEIVED THE NATIONAL SEX OFFENDER ALERT. THE NAME WAS NOT AN EXACT MATCH AND THEY APPARENTLY DID NOT QUESTION WHY.
HOW LONG WILL THIS TAKE? THIS MAY BE OVER SOON OR IT COULD TAKE UP TO A YEAR. THE LONGER THE BETTER FOR THE LUERAS. THE INDIANA CIVIL RIGHTS COMMISSION IS NOW DETERMINING IF THERE IS A BASIS OR EVIDENCE OF WRONGDOING DISCRIMANATORY TREATMENT OR NOT. THEY COULD DISMISS THIS NOW. OR THEY COULD CALL A HEARING. AT THIS TIME, THEY ARE REVIEWING AND OBTAINING THE ALL-IMPORTANT “EVIDENCE” FROM BOTH THE PLAINTIFF AND THE DEFENDANTS. AND YES THAT IS THE TERMINOLOGY USED BY THE COMMISSION IN INDIANAPOLIS.
IF THE COMMISSION DOES NOT DISMISS THIS COMPLAINT, THEN THERE WILL BE A HEARING. FOLLOWING THAT, THERE WILL BE A RULING. THE RULING SOUGHT HERE IS A “FINDING” OF POSSIBLE DISCRIMINATION PER APPLICABLE LAWS ON DISCRIMINATION. IF THAT RULING IS THE RULING, THEN A LAWSUIT COULD FOLLOW AGAINST FWCS ON THE BASIS OF CIVIL RIGHTS DISCRIMINATION BASED ON NATIONAL ORIGIN.
IT IS UNCLEAR HERE WHETHER THE COMMISSION COULD AWARD THE REMEDIES. AFTER ALL, THE PLAINTIFFS HERE ARE NOT ASKING FOR A MILLION DOLLARS. THEY SEEK AN EXPLANATION, PAYMENT FOR MEDICAL BILLS, AND A STATEMENT FROM FWCS THAT THEY WILL BE TREATED THE SAME AS ALL OTHERS AT INDIAN VILLAGE. HOW LIKELY IS THAT FROM THE COMPLAINT? NOT SURE.
BUT LET’S LOOK AT THIS TIMETABLE. SCHOOL STARTS AGAIN IN AUGUST. THE LUERAS WANT THIS RESOLVED SO THEIR DAUGHTERS CAN RETURN TO SCHOOL AND NOT BE “AFRAID” TO DO SO. THEY ALSO WANT TO ATTEND THE SCHOOL PARENT FUNCTIONS WITHOUT RESTRICTIONS BASED ON MISTAKEN IDENTITY.
THERE SEEMS TO BE A MORAL IMPERATIVE AND A SCHOOL EDUCATIONAL CLIMATE IMPERATIVE THAT SHOULD BE FLYING HERE. WHY CAN’T THE SCHOOL START TO PREPARE ALL FOR A NEW START IN AUGUST OR WILL THERE BE ANOTHER YEAR LIKE LAST YEAR?
ISNT’ IT TIME FOR DECENCY TO RULE THE DAY? IT’S CALLED PRE-EMPTIVE DAMAGE CONTROL AND PLANNING AND FOSTERING A CONDUCIVE EDUCATIONAL ENVIRONMENT TO LEARNING. IT IS IN THE MISSION OF FWCS AND THE DUTY OF THE SCHOOL PRINCIPL AND STAFF.
WHY SHOULD FWCS DO NOTHING AND WAIT FOR A RULING? LET’S HOPE THEY ARE PROACTIVE THIS TIME FOR THIS ACADEMIC YEAR FOR THIS FAMILY AND FOR ALL FAMILIES AT THE SCHOOL AND ALL SCHOOLS. IT’S ABOUT THE KIDS AND THEIR FUTURE.
Dan - Out of curiosity, did a language barrier occur that hindered the process of the issue being solved? Tutor
A language barrier was not apparent to me based on the extended interview. This was held at Fairfield Manor at the newspaper offices of El Mexicano.
There 4 present. The parents, the El Mexicano representative, and me. Three were bi-lingual. I was not. Yes a few times, there was a need to repeat statements to be accurate. However, that happens to me all the time in many settings simply to get it right. It then was not unusual, and more importantly did not impede communication.
I do not know the Principal at Indian Village, and have no basis to assess her language communication abilities period.
I tried to interview her. She was not there that day at the school. On the same day, I contacted the PIO at FWCS, who said she would be my contact. Even if I had been able to see the Principal, she probably would have shuffled me away to the PIO anyway, but at least I tried.
Note: FWP is a high-ground Weblog that fosters comments and dialogue on issues, and anonymous comments facilitate that goal. So I do not who the substitute teachers are who have commented here except Evert, my “walking partner” once during the City Council election. Another family has raised an issue that may or may not be pursued, and I am meeting with them.
The need to learn is why I am asking the substitute teachers to contact me if and only if they want to share knowledge that may help enlighten us all and do some good. How? I would need an email contact for you. Please send to slowrunnning44 using the Yahoo Electronic Mail.
This is not about trash talk or random venting; it’s the facts and views that matter here. The press, media, and yes Weblogs serve as a watchdog over our public institutions and offer us all a forum to express the freedom of speech we enjoy in America.
If you have been a sub at Indian Villageknow some of you are who commented here, and I will be doing a follow up.
A language barrier was not apparent to me based on the extended interview. This was held at Fairfield Manor at the newspaper offices of El Mexicano.
There 4 present. The parents, the El Mexicano representative, and me. Three were bi-lingual. I was not. Yes a few times, there was a need to repeat statements to be accurate. However, that happens to me all the time in many settings simply to get it right. It then was not unusual, and more importantly did not impede communication.
I do not know the Principal at Indian Village, and have no basis to assess her language communication abilities period.
I tried to interview her. She was not there that day at the school. On the same day, I contacted the PIO at FWCS, who said she would be my contact. Even if I had been able to see the Principal, she probably would have shuffled me away to the PIO anyway, but at least I tried.
Note: FWP is a high-ground Weblog that fosters comments and dialogue on issues, and anonymous comments facilitate that goal. So I do not who the substitute teachers are who have commented here except Evert, my “walking partner” once during the City Council election. Another family has raised an issue that may or may not be pursued, and I am meeting with them.
The need to learn is why I am asking the substitute teachers to contact me if and only if they want to share knowledge that may help enlighten us all and do some good. How? I would need an email contact for you. Please send to slowrunnning44 using the Yahoo Electronic Mail.
This is not about trash talk or random venting; it’s the facts and views that matter here. The press, media, and yes Weblogs serve as a watchdog over our public institutions and offer us all a forum to express the freedom of speech we enjoy in America.
Dan,
Thanks for providing the addition information. I hope you don’t mind if I ask more questions?
Oh - and here’s my disclaimer :). I went to Indian Village Elementary in the 70’s. I met Evert once. I have never met Stephanie Bourne. I don’t know the Lueras.
Re: being asked to transfer one of their daughters to another elementary school. Can you tell us anymore on this? Does there seem to be a correlation to the complaint of discrimination and this “suggestion” of transfer or were there legitimate reasons given for a transfer?
Is there any other record of this type of complaint (involving the national sex offender registries and school system actions)? Especially with other Fort Wayne/Allen County schools?
Also, have you been able to find out what the “official” process is for FWCS on things like this? Does the central administration make the matches of the sex offender registry with parents names and then sends that list to each FWCS for the principal to take action on - or - do they (the central administration) take action on it themselves and sign the names of the principals?
I’m wondering all of this because based upon what Evert has said (and written here - and in other places over the past several months) about Ms. Bourne, it seems out of character for her to be discriminatory. Note: I’m not defending her - I’m merely questioning if there are other “things” that are in place that give the appearance that Ms. Bourne (and heck - all other principals within FWCS) is the root of all evil and discriminatory.
If the central administration of FWCS was making all of these decisions and taking actions with little involvement/say from the principal (except having her sign the letters, telling her what to do and not do) - including them not notifying her of the mistake at the appropriate time - I could see how things could turn into one gigantic mess.
Another thing that comes to mind - working at a large corporation - I know this to be true.
Even if you wanted to make amends - as an individual - to do so outside of the direct instructions of the legal folks of that corporation, is to risk getting fired. Maybe not even risk - but assures that you get fired. So I wouldn’t be surprised if Ms. Bourne never talks to anyone in the media.
I also wouldn’t be surprised if FWCS drags this out for eons. They are first - a corporation (like many public school entities are) - and second - a place of learning for the children of the community. I can’t place the blame for this solely on them. As a country, we’ve put in place so many laws (allegedly to protect) and my opinion is that it has totally taken the focus of education out of whack.
Example: Principals sending letters to alleged sex offenders.
By the way - I am also a chick on stands on principle and I’m glad to hear that the Lueras are not pulling out from Indian Village.
I hope that these substitute teachers do reach out to you. I am also interested in this information because many times, we don’t get the whole story (just the soundbites).
I’ll bookmark the Frost site so I can keep up with what is going on. I think that you’re reporting on some monumental stuff here. Education. Basic Human Rights.
Thanks, Kristina
For KnowsTooMuchInformation (and everyone else):
Please do not turn this blog into a copy editor’s playground. Inevitably, every single person that points out spelling and grammatical errors in others’ comments have comments of their own that suffer from similar errors - you are no exception.
I took the following from the Netiquette section of livingInternet.com and I think it’s something everyone should read:
Kristina et. ali. Need to time to find out some of this for sure, but the school transfer can be clarified now based on the interview with the parents, and I hope this doesn’t hit a wrong nerve with someone.
The transfer of the special needs daughter was based on the FWCS special needs evaluator and an evalution done after the apology which recommened a transfer to Holland Elementary School. The basis of recommendations (e.g. a student transfer)were the evaluation findings. The Lureras expressed to the school and to me that they believed the educational and special needs could be beter addressed at Indian Village and said that Holland educated less-functioning children. Basically, the view was the eveluator under-rated the daughter’s abilities and over-rated her needs and said Holland was a better fit. Jose’ Luera said he requested a meeting with the evaluator and was refused the meeting. The evaluator was either a FWCS floater or a contract consultant-no sure now. The matter was resolved so that the daughter stayed and the daughters remained together.
The complaint does not cite the transfer recommendation as discriminatory; it cites the refusal to meet with the father about it as discrminatory. It did get worked out.
However, the older brother who did in fact transfer from South Side to a high school in Michigan to live with uncle and aunt did not have complaints specifically about the Principal there for what that’s worth if anything. It was his “peers” who made it difficult to focus on studying since he believes they talked about him and his dad behind his back and made rude comments about them.
Will do! I just cannot stand the fact when a homophone is misused.
Obviously I can only speak from my own experience, but I have to say again that I think very highly of Mrs. Bourne and Indian Village elementary school. I’m not a fan of the the way this district as a whole is run but I judge individual schools as I see them. I’ve donated some of my hard earned ExxonMobil dividends to the school for the last two years because I believe it’s well run.
Last year when we started the remonstrance against the bond issue, I told Mrs. Bourne that if my tutoring in her school was going to be a problem for her, I would be happy to leave. She told me not to worry about it. In March orders came down from Clinton Street that we were no longer welcome in the buildings. My wife and I were informed very graciously by Mrs. Bourne that we could no longer be in the school for tutoring. She couldn’t say who gave her those directions but I found out later how things transpired.
Two days later we got an apolgy from Wendy for the “misunderstanding” and we went back for Project Reads the next week. I also continued tutoring twice a week in a kindergarten class. I wouldn’t have done that if I did not enjoy being in the school. There is no doubt in my mind who calls the shots in these kinds of situations and it’s not the principal.