Fired Teacher Might Be Reinstated

Jane Sesser was let go for 'stomping' on a student's foot
By Mackenzie Ryan • Statesman Journal

August 10, 2008

The Willamette Education Service District was ordered recently to reinstate a special-education teacher who was fired after she allegedly "stomped on the foot" and used other unnecessary force with an autistic 10-year-old who could not talk.

In a split vote, the state Employment Relations Board decided in July that Jane Sesser should be reinstated as a Life Skills Program teacher in Yamhill County. The program serves about 90 students with cognitive, physical and emotional disabilities.

The district board may consider appealing the order, attorney Mark Comstock said. The board will meet at 7 a.m. Tuesday in executive session to hear legal advice.

"What the Willamette Education Service District was faced with was concern by staff members on site that there was abuse of a child going on," Comstock said. "(They) took action as they were supposed to do."

The teachers' union argued that Sesser was not adequately trained and that firing her was not proportionate, attorney Monica Smith said.

"This was a brand new teacher who was in a classroom for about six weeks, who faced the challenges that many special education teachers face" Smith said. "…It's a very tricky aspect of the job, to learn what's the right physical contact."

Unfounded dismissal

The Employment Relations Board orders the district to reinstate Sesser, repay her for wages she would have earned and delete information about her dismissal from her personnel file.

The order said Sesser's firing was not based on evidence found during an investigation, and there was no indication that she injured and traumatized the child.

However, there were indications Sesser had "serious difficulties" with her assignment, the order said.

While the autistic child could not tell someone if Sesser hurt him, the ruling said the district could have questioned employees or the child's parents about if he suffered emotional or physical injuries.

A district investigation had concluded that Sesser used unreasonable physical force.

Dave Novotney, deputy superintendent for the district, declined to comment, saying it was an ongoing personnel matter.

Incident investigated

According to the 34-page Employment Relations Board document, Sesser was working with an autistic child that tried to hit, kick and scratch her Oct. 3, 2005.

Sesser said she thought the fourth-grader might injure a medically fragile student in her classroom at the time. To calm him, Sesser put his hands between hers and told him: "quiet hands."

As he raised his foot to kick her, Sesser said she put her foot on top of his. She had not seen that technique used before, but thought it was similar to the one used with the child's hands.

A colleague saw the incident and it was relayed to a supervisor. Sesser was subsequently placed on paid administrative leave pending an investigation into allegations of child abuse.

A Yamhill County Sheriff's Office investigation said a colleague saw Sesser "stomp" on the child's foot and "push" him to the seat.

Sesser also was seen on an outing holding the child's hands on a cart "so tightly that I could see her fingers turning white."

In December 2005, Sesser was charged with harassment, a misdemeanor.

Criminal charges were dismissed two years later. Her actions also were not sufficient to warrant losing her teaching certificate.

maryan@StatesmanJournal.com or (503) 399-6750