Chaska, Minnesota | 18 November, 2019 | (952) 448-2650
More Weather
Disorderly conduct charge dropped against middle school teacher
by Mark Olson
Jul 28, 2011 | 2481 views | 4 4 comments | 8 8 recommendations | email to a friend | print
download EU0M_Attorney_letter_page_1.pdf
download KH2J_Attorney_letter_page_2.pdf
download CWM8_Attorney_letter_page_3.pdf
The disorderly conduct charge has been dropped against Chaska Middle School East teacher John Saindon.

Saindon’s attorney Sarah MacGillis said Saindon looks forward to returning to coaching and teaching this fall.

Saindon, a Victoria resident who has taught in the district for 18 years, had been accused of grabbing a sixth-grader’s arm at the school after the student misbehaved in gym class. The student “sustained a reddish bruise/mark” on his arm as a result, the origi-nal complaint stated.

He was charged by citation on May 26. According to the Carver County Attorney’s Office, MacGillis had asked for a formal com-plaint.

On July 27, Assistant Carver County Attorney Peter Ivy sent a letter to MacGillis outlining reasons for dropping the charge.

“Because your client’s alleged overreaction, particularly as the adult in a position of authority, caused fear or anxiety to the other children in the gym, I believe the police had probable cause to issue the citation for disorderly conduct pursuant to [Minnesota Statute],” Ivy stated.

However, Ivy noted, based on his legal training, the facts and context, “do not establish a reasonable likelihood of a conviction before a jury based on proof beyond a reasonable doubt to a unanimous jury. Therefore, I am declining to issue a formal complaint and the matter is therefore dismissed as matter of law.”

Ivy explained his logic in four points (see attached letter):

* Many commenters to online stories about the case noted discipline they received in school, which “rectified the errant behav-ior, they now note approvingly.” Many jurists would share similar opinions, Ivy said.

* The Minnesota Department of Education has already initiated an investigation and the school district and MDE “are the opti-mum channels to address these performance concerns …”

* The police report indicates the client expressed remorse and that the parents do not want charges filed.

* “This embarrassing media coverage has already adversely impacted your client’s reputation as a teacher. Such media coverage served as a bigger deterrent than any misdemeanor fine or probation ever could.”

The incident is being investigated by both District 112 and the Minnesota Department of Education.

The District 112 investigation is pending. “We’re waiting to hear from the Department of Education,” said District 112 Administrative Services Director Dr. Jim O’Connell.

MacGillis said Saindon had not received a notice regarding the Department of Education investigation. If he does, she said she will represent him in that venue as well – where she also expects success.

MacGillis said Saindon received an outpouring of support from current and past students, as well as parents and colleagues, asking if they could help him in the legal proceedings.
Comments
(4)
Comments-icon Post a Comment
Mark_Olson
|
July 29, 2011
Saindon’s attorney Sarah MacGillis said Saindon looks forward to returning to coaching and teaching this fall.

MacGillis said Saindon had not received a notice regarding the Department of Education investigation. If he does, she said she will represent him in that venue as well – where she also expects success.

MacGillis said Saindon received an outpouring of support from current and past students, as well as parents and colleagues, asking if they could help him in the legal proceedings.

The article has been edited to include the comments from MacGillis.



fatboyladyusa1
|
July 28, 2011
How many education hours have our chidnren missed?

fatboyladyusa1
|
July 28, 2011
I have often heard stories as my teenage children have gone through middle school and high school of the way the students disrespect teachers and staff. Based on what I have heard, there is no way that I would or could be a teacher for middle school or high school students in today’s society.

I think the pendulum has swung too far in regards to disciplining students at school. It seems that kids can do anything and the teachers have very few options.

I believe the consequences for this behavior need to be swift and harsh and the students need to be held accountable for their behavior. Teachers, staff and administrators of the schools should be given significantly more options for disciplining disruptive and disrespectful students. Without the fear of being sued or charged with a crime

I wonder how many instructional hours are lost on dealing with disruptive students in the classroom and how much that is affecting the education that the other students are receiving. How many education hours have our missed?

Mark_Olson
|
July 28, 2011
The District 112 investigation is pending, while officials await info from the Minnesota Department of Education investigation, according to Administrative Services Director Jim O'Connell.

The story was edited to reflect this update.
Stay Connected Facebook Twitter RSS Email
Scoreboard.mn Minnesota Business Directory Savvy.mn Edible Communities Local Jobs Garage Sales ThriftMart Events Calendar Ending Image