(The Center Square) – When New Hanover County’s Board of Education said Tuesday it had settled litigation with victims of a former teacher, it meant taxpayers footed the $5.75 million.
It’s a glaring example of why House Bill 142 is proposed, legislation that would crack down on educators who sexually abuse students, and potentially help prevent other districts from making mistakes with bad actors.
The deal by the county board pays settles sexual assault allegations by former teacher Michael Kelly. Fully executed last Thursday, it concludes four years of litigation between the school board and 14 plaintiffs. The payments will be made through the district’s insurance provider, board members said Tuesday.
The payout could impact the district’s insurance rates, while expenses for attorneys and other provisions of the settlement will add to the cost for taxpayers. As part of the deal, the district has committed to more training for students, staff and administrators on recognizing and reporting sexual abuse.
Kelly, a 26-year veteran teacher in the district, was sentenced to between 17 and a half years and 31 years, four months in prison after he pleaded guilty to 59 felony sex crimes in June 2019. The case involved numerous victims, including some who complained of abuse as early as 2003, with a pattern that started with explicit discussions and imagery, then evolved to recorded sexual rendezvous.
Victims said the culture at the schools protected Kelly for years before a parent’s report of inappropriate pictures between the teacher and her son led to his arrest in February 2018.
“We, the members of the New Hanover County Board of Education, want to publicly acknowledge the suffering that the John Doe plaintiffs have endured as a result of Michael Kelly’s abuse, and to express our sincere hope that the resolution provided by the settlement agreement will support these young men in their healing process,” Pete Wildeboer, chairman of the board, said Tuesday.
Lawmakers in Raleigh are working to prevent similar incidents through legislation requested by North Carolina Superintendent Catherine Truitt, who testified in committee that the state revokes the licenses of about 20 teachers a year for educator sexual misconduct with students.
“That 20 per year does not include non-licensed teachers over which I have no purview,” she said, adding that the total number of school employees involved is about double.
“We currently have 50 school personnel who are … facing charges, under investigation or have charges pending for sexual misconduct,” Truitt said in May.
House Bill 142 would increase the penalty for a sexual act or indecent liberties against a student by any school personnel from a Class I to a Class G felony, which carries a prison term of up to two years, seven months. Administrators who fail to report related terminations or resignations to the State Board of Education within five days would face a Class I felony with the potential for a year in prison under the bill.
Since HB142 was introduced by Gaston County Republican Rep. John Torbett on Feb. 16, at least 16 teachers or school personnel have been arrested for sex crimes against students, according to media reports.
The bill cleared the House with a vote of 112-0 in March, and has since gained approval from three Senate committees.
HB142 is now awaiting further action in the Senate rules committee, typically the final stop before a floor vote.
