May-June 2019 Advisor

PROTECTING

10 CEA ADVISOR MAY–JUNE 2019

CEA’S LEGAL TEAM IN YOUR CORNER Association lawyers help teacher falsely accused return to his classroom

After 12 years as a self-employed contractor, Jeffrey Iwanicki went into teaching as a second career. A beloved graphic arts teacher at Fairfield Warde High School, he was admired not only by his students but also his colleagues and administrators. “Growing up in a family of educators, the joy of learning was ever-present. Sharing that as a career and passion was a natural fit,” he says. “Jeff Iwanicki is well-loved and highly regarded by his principal, students, and fellow teachers,” says CEA attorney Adrienne DeLucca. That’s why it came as a shock when one day, in the fall of 2016, the nine- year teaching veteran was called down to his administrator’s office and learned that a student had made allegations of a sexual nature against him. The student claimed that her teacher had exposed himself to her in his classroom—twice. In the first alleged incident, she was the only student in the room; in the second allegation, other students were present, standing just a few feet away. Charged with four felonies and two misdemeanors—including impairing the morals of a minor, public indecency, and breach of peace—the 46-year-old father of two faced 10-15 years in prison if convicted. He was placed on administrative leave. “After his arrest, the school district initiated termination proceedings against Jeff,” says DeLucca, who, together with his criminal counsel, represented him during the multi-hearing-day termination trial. DeLucca wrote the brief—a written culmination of the trial, evidence, and inconsistencies in testimony. An independent arbitrator found the alleged victim not credible and the police investigation wholly insufficient. DeLucca, who has been with CEA’s Member Legal Services team since 2012, notes that the school district and DCF did not investigate the student’s claims. The police

investigation, she adds, was severely lacking. Only two students were interviewed, they were asked only general questions, and the interviews were not recorded. On the other hand, several students who were in the room and said they did not witness the behavior alleged to have taken place were never questioned by police. “Adrienne DeLucca and the CEA staff have been steadfast supporters through a maze of events that are hard to even believe. If I hadn’t lived it, I wouldn’t think this was even possible.” Jeffrey Iwanicki, Fairfield Warde High School teacher The arbitrator made 185 findings of fact, all in Iwanicki’s favor, and recommended that he not be terminated. The district withdrew its attempt to terminate him, and he returned to the classroom, but the battle was not over. Iwanicki still faced criminal charges, along with a DCF substantiation and placement on DCF’s abuse and neglect registry. In spite of all the evidence in Iwanicki’s favor, the district attorney pushed ahead with a criminal investigation, leading to 30 court dates over a two-year period. A challenging trial “Mr. Iwanicki’s arraignment was widely publicized, and he was portrayed as a pedophile on the news,” DeLucca recalls. “His reputation was decimated. When the trial started, it was hard to find six jurors who wouldn’t automatically assume he was guilty. This was a very difficult situation. But in the end, it took 45 minutes for the jury to deliberate and come back with a resounding ‘not guilty’ verdict.” “Key witnesses were not interviewed,” says DeLucca.

Unfortunately, DeLucca’s work was not done. She had to persuade the Department of Children and Families to reverse all charges, as well as stop proceedings by the State Department of Education to revoke his certification, all of which she succeeded at doing. Road to recovery After all the charges were dropped and the jury found Iwanicki innocent, DeLucca went after the detective whose bias against Iwanicki—and teachers in general—was eventually exposed. She filed a complaint with the Fairfield Police Department, which was sustained by its Internal Affairs Department. The detective who handled Iwanicki’s case was disciplined and forbidden from any involvement in any action against teachers in Fairfield. “If there was ever any doubt about why it is important to be an Association member, the simple answer is Adrienne DeLucca,” says Fairfield Education Association President Bob Smoler. “She wasn’t just a lawyer who helped out. She held Jeff Iwanicki and his family together through an emotional hell. She believed in him and was his steadfast defender all the way. Never was there a better example of why union membership can be so critical in a person’s life.” Because Iwanicki is a CEA member, he incurred no expense for

CEA Attorney Adrienne DeLucca represented Jeff Iwanicki in a legal case that turned his life upside down.

was covered through various means, including an NEA insurance policy and the Connecticut Education Foundation’s Boland Fund. His local union, the Fairfield Education Association, provided major financial assistance with silent auctions and a GoFundMe account, raising more than $20,000 to help the embattled teacher, who had to sell a property to make ends meet. In an outpouring of support, hundreds of colleagues and community members have donated to help with Iwanicki’s out-of-pocket costs, which still total in the tens of thousands of dollars. “Having support is immeasurable,” says Iwanicki. “My local and state union provided continuous and meaningful assistance throughout this entire unfair ordeal. While no recovery is immediate, the resources and representation provided by my union have allowed me to begin to recover and find joy once again in the classroom. Both financially and emotionally, through this support, I have been able to get closer to being the person I was before these false claims were made. It took nearly three years to get here. It will take some time to get back.” He adds, “Attorney Adrienne DeLucca and the CEA staff have been steadfast supporters through a maze of events that are hard to even believe. If I hadn’t lived it, I wouldn’t think this was even possible. I cannot emphasize enough how thankful I am for the support shown by my colleagues both near and far knowing the outrageous and false claims that were made by a child. I remain hopeful that we as a union of educators can continue to overcome and persevere through the continued challenges we face so very publicly.”

“Never was there a better example of why union membership can be so critical in a person’s life.” Bob Smoler, Fairfield Education Association President

his defense in the termination trial, which included legal representation and all costs associated with that proceeding. However, he incurred almost $90,000 in legal fees and costs to defend against the criminal charges, resulting in a steep financial loss for him. A portion of those fees

CEA offers free Teachers and the Law workshops for members. Contact your local president or UniServ Rep.

Surrounded by family, friends, and legal counsel, teacher Jeff Iwanicki is cleared of false charges made against him.