Fresno Criminal Defense Attorney | Sexual Relation between staff and students

Understanding The Unique Dynamics of Allegations of Sexual Relations Between Students and Staff in an Educational Setting:


Society Errors on the Side of Caution

Innocent People have their lives torn apart on the least credible of accusations.  Police Departments feel the need to make an arrest, rather than taking the chance that the accused might be innocent.  School Districts often suspend the staff member, before any truth can be ascertained as to guilty or innocence.  Even if cleared, a teacher or other staff member is subject to suspicion and ridicule, stigmatized, and future employers may think twice about hiring them.

Working in a school as an educator or administrator is a heavily regulated field that requires background checks through the FBI Database, otherwise known as a livescan report.  If you are arrested, that arrest will follow you for the rest of your life, and require an explanation to the licensing board for the Teacher Credentialing or other positions.  Most good careers require a license of one type or another, Real Estate, Teaching, Attorney, and almost every other lucrative career requires you to complete a background check.

Students and Staff Crimes committed against students by a person of trust are come of the most complex cases.  The general public is outraged at even and accusation.  Be it rape, statutory rape, sexual assault, and other sex related crimes are alleged against an adult in and educational setting, as a society we understand we have to error on the side of caution, and remove the adult until the situation is better understood.  However, this same tendency to error on the side of caution, for the safety of the children, also leads to harm for an adult, educator, coach or other staff member who is accused of committing these crimes.

If your are accused, or believe you will be accused, arrested, suspended, or even under suspicion of having committed sexual misconduct in an educational setting, you should seek counsel immediately.

Jonathan Rooker has worked with educators who have been accused of sex related crimes.  He has effectively assisted multiple cases, and helped avoid charges being filed against them.

This blog was written in response to multiple recent accusations of sexual misconduct in our Fresno County Schools, including the recent accusations levied in Clovis Unified School District against two employees.

The first allegation involved a Washington Unified School District teach who was arrested in connection with lewd acts with students.  The Fresno County Sheriff's office reported.  A 39 year old teach posted a bond of $180.000 after his arrest.

It is alleged that he was working as an educator at American Union Elementary School near Easton at the time of the alleged events.  An investigation had been ongoing since April of 2014.  There had been reports that the accused had touched female students in an inappropriate or sexual manner both during school hours and also during after-school hours.

The Article on the Fresno Bee website even posted the block and approximate address of the accused.  One doesn't have to look to far ahead to see that this could cause the accused to be placed in harms way due to the release of such personal information.  Property damage and physical harm are real concerns when accused of such a crime, and having the home address of the accused printed for all to know.  It may cause concern and disdain among his neighbors as well.

The Principal stated that, "The district takes the allegations against Mr. Gomez very seriously and will work with law enforcement and the District Attorney's office."

Notice that working with the defense is never mentioned, it is as if the accused is presumed guilty, and all we, as the public have to base our opinion is the fact he was arrested.  We must keep in mind, to be licensed, credentialed, and hired at a school there is a rigorous background investigation, and an individual who is cleared must pass all aspects of the background check to be cleared to work in a school and receive his credential.  A lifetime of good behavior, law abiding behavior is ignored with a single accusation.

Clovis Unified School District Employees Accused

Two male employees at Clovis high School were also arrested during the beginning of the new year on January 9, 2015.  Both have been arrested for separate sexual incidents with the same student.  Once of the accused is a former Fresno State University football player who coaches at Clovis High, or did up until this accusation.  The Fresno Bee article even added insult to injury by bringing up a play from his college days where he was beaten by Reggie Bush for a touchdown in one of the more memorable games in recent Fresno State history, approximately 9 years ago.  The accused declined comment when asked if he had anything to say about what happened.

The other accused was a photography teacher at Clovis High School.  He also coached baseball and worked as a scorekeeper for the Fresno Grizzlies last summer.  The article points out another negative about him, adding that he was fired from the score keeping job, which has no relevance to the accusation.  Also, the article fails to point out he rigorous background and credentialing requirements that the accused had to pass before ever stepping into the classroom.

Clovis high spokeswoman stated that, "Our school became aware of the possibility of a rumor that there might be an inappropriate relationship between a student and a staff member on late Wednesday,"

The belief of the investigators is that one of the accused was sexually involved with a student who was 17 at the time, the probe was turned over to the Clovis Police Department when it expanded from one staff member (teacher) to include the second, a coach.

Search warrants were obtained by the police, and both subjects were arrested.  They believe the student, who turned 18 in December, was involved in separate incidents with both men.  There is no allegation that any of the incidents, or crimes, took place on campus.  Police indicated a belief there was no other victims.

If you work in an educational setting and you are being accused, contact an educated and experienced criminal defense attorney to help defend you.  Jonathan Rooker is well educated on the laws and procedures in school districts, having worked in the educational setting and gained a Masters Of Science in Educational Counseling and PPS Credential.  His unique education and experience can help defend you against allegations of sexual misconduct in an educational setting.

Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

D v

Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker


Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.