Underly absent as Wisconsin lawmakers question sexual misconduct investigations

(The Center Square) – Thursday’s committee hearing looking at the sexual misconduct investigation process for Wisconsin’s Department of Public Instruction included plenty of questions but no DPI superintendent.

Jill Underly was instead at Indiana University to collect a distinguished alumni award, which led to criticism from committee leaders and a pair of Republican candidates for governor.

“Not only was the superintendent absent from the hearing, she was absent from our state,” Rep. Amanda Nedweski, R-Pleasant Prairie, said after leading the informational hearing in the Assembly Committee on Government Operations, Accountability and Transparency.

Underly was invited to a Nov. 4 informational hearing in front of the Senate Committee on Education and Deputy State Superintendent Tom McCarthy said that she planned to appear in front of the Joint Legislative Audit Committee at 9 a.m. on Nov. 5.

McCarthy and a pair of DPI employees answered questions in Underly’s place.

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“I’m disappointed that Dr. Underly is not here,” Rep. Mike Bare, D-Verona said as the meeting began. “… She should be.”

The hearing began with comments from Kenosha Chief of Police Patrick Patton, who added context about the difficulty of pinpointing charges against teachers who cross ethical lines with students, advocating for a grooming law and for a change current law involving sexual misconduct by a school staff person after a teacher was able to avoid the charge by changing schools.

Patton was asked whether he believes sexual misconduct from teachers and school staff is a growing issue.

“I think this has been a historically underreported problem,” Patton said.

DPI representatives then detailed their investigative work and how teachers are often offered the option of permanently revoking their teacher license in order to end an investigation.

McCarthy, however, admitted that process was not in statute nor could they prevent a teacher from later asking for the license to be reinstated. He also said that there are jobs within schools, like some paraprofessional roles, that do not require licenses.

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DPI representatives said that revoked licenses are noted in a national database but that school districts and the public cannot access that database, only state education departments can.

Lawmakers also pointed the finger at Gov. Tony Evers, previously the DPI superintendent, for his lack of response to the stories and legislative inquiries into the department’s investigative process.

“Gov. Evers has said nothing,” Congressman and Republican candidate for governor Tom Tiffany said at a press conference outside the Wisconsin Capitol after the hearing. “Not a word.”

Fellow Republican governor candidate Josh Schoemann again called for Underly to resign.

Underly posted a brief video in response to the inquiries, saying the “safety, dignity and well-being” of Wisconsin children is her top priority.

“At DPI, we investigate every complaint we receive,” Underly wrote. “Decisions are guided by evidence, due process, transparency and a commitment to protecting kids.”

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