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Cop takes 'midnight photos' of teacher's classroom
Times Argus ^ | David Delcore

Posted on 05/06/2003 9:35:22 AM PDT by anniegetyourgun

BARRE – John Mott and Tom Treece have at least one thing in common. Make that two.

Both men think they have been unfairly accused and, if you believe their critics, both have had a chilling impact on students at Spaulding High School.

Mott is the Barre Town police officer who admits he spent part of an early morning break last month photographing student projects in the classroom of a controversial history teacher.

Treece is that teacher. A passionate pacifist, he has been skewered publicly by critics who say he is pedaling his personal political views to the students in his class. Part of the proof, critics say, is in the photographs Mott took when he visited the high school April 9 while on duty, in uniform, and out of his jurisdiction.

The photographs were taken at around 1:30 a.m. after Mott, who once worked at Spaulding, persuaded a custodian to unlock the door to the classroom Treece shares with another teacher.

Mott isn’t apologizing for his actions and says he has at least temporarily refused orders from Barre Town Police Chief Michael Stevens and Town Manager Carl Rogers to supply school officials with copies of the photographs.

“I’m going to speak to an attorney first,” he said.

Mott disputes an account of the April 9 incident contained in a letter written by school Superintendent Dorothy Anderson to the police chief.

Specifically, Mott disputes Anderson’s claim that he “banged on the front door” of the high school to get the attention of night custodian Arnold Cliche, and that Cliche opened the door and let him in.

“It didn’t happen that way,” he said.

According to Mott, he entered the school through an unlocked maintenance door, found Cliche and asked him to unlock the door to Treece’s classroom room so he could take photographs with his personal camera. Although he was on duty at the time, Mott maintains that he was on a break and wanted to photograph student projects that offended him as an American and a retired military man.

“I wanted everybody else to see what was in that room. You can’t explain it,” he said.

Among the student projects that Mott said he photographed were a poster of the President Bush with duct tape over his mouth and a large papier-mâché combat boot with the American flag stuffed inside stepping on a doll. He said there also were pictures of Cuban dictator Fidel Castro and his former chief lieutenant, Ernesto “Che” Guevara, posted on the walls.

“Having spent 30 years in uniform, I was insulted,” he said. “… I’m just taking a stand on what happens in that classroom as a resident and a voter and a taxpayer of this community.”

Mott said he took the photographs less than 48 hours after attending a school board meeting at which several residents complained about what they claimed was an attempt to “indoctrinate” not “educate” students.

School officials have rejected that notion, defending Treece as a “thought-provoking” teacher who provides students in his public issues class with resources from the full spectrum of political perspectives.

“As a teacher he (Treece) does present all sides of an issue,” Anderson said.

Anderson said she was concerned that Mott used his uniform to gain access to a locked classroom after hours without supervision.

“I find this behavior, at the very least, in violation of our policy for visitors at the school,” she wrote in her letter to the police chief. “I also find it disturbing that a police officer would wear his uniform under such circumstances thereby intimidating our employee (Cliche) into letting him in the building at a very unusual hour.”

Anderson said she met with the police chief and the town manager on Friday to discuss her concerns and to reiterate her request for copies of the photographs Mott took and has been circulating in the community. She said Mott had not yet complied with that request, which is based solely on her desire to confirm the photographs were not doctored in any way.

“We’re not embarrassed about what was in that classroom,” she said. “We just want to make sure that the pictures he (Mott) took are an accurate reflection of what the classroom looked like.”

Mott said the photographs he took are authentic and accused school officials of “tap-dancing” around an issue that was brought to their attention last month by using the circumstances under which he entered Treece’s classroom as a diversion.

“It leads me to believe they are out witch-hunting,” he said.

Treece said he knows the feeling. He says Mott and his other detractors don’t have a clue about what he does in his classroom, but that hasn’t stopped them from jumping to conclusions based on his personal political views.

“None of these parents know me in any way,” he said. “They just think they know me. Everything they know about me is hearsay. They don’t have kids in my class. They have taken lies and innuendoes and run with them.”

Treece does not hide his personal views and acknowledges his public criticisms of the war in Iraq and President Bush have irked many in the community. However, he said their contention that he is force-feeding his views to Spaulding students is simply wrong.

“I tell kids from day one: ‘I don’t want you to agree with me, I want you to be informed and think for yourselves,” he said. “I have never squashed dissent in my class in any way shape or form.”

Treece said his message to students is simple: “Defend what you believe and if you can’t defend it I’m going to pick holes in your argument no matter what side of the issue you’re on.”

Treece said he supplies his students with a broad range of resources and encourages them to use them to come to their own conclusions.

“My goal in that class is to get kids to think and be critical of everything they read and hear and see,” he said.

Treece said he’s tired of being painted as anti-American simply because he challenges students not to take what anyone – not the president, their parents, or even he – says at face value.

“I want them to understand that everybody’s got an agenda … everybody,” he said.

Treece said that goes for his detractors, some of whom are using the controversy over a six-word sentence – “All hail the idiot boy king” – that he posted on a bulletin board next to a picture of President Bush as a reason to reject the high school budget. The budget is scheduled for a re-vote next week.

“They’re out to get the budget and they’ve made me their whipping boy,” he said.

Treece makes no apologies for how he conducts his classes or for his own political views. In retrospect, he said, the comment he posted about Bush was probably too direct.

The board meets at 7 p.m. in the high school library. Like the Malones, both Mott and Treece said they plan to attend.

“I did not recognize how fragile people’s feelings were at the time,” he said. “It was horrible timing on my part.”

If he had it to do over again, Treece said he would spell out the same sentiments in two pages of text that wouldn’t have offended anyone.

Paul and Norma Malone, the local couple who first took issue with the comment Treece posted on the board, insist they’re not out to scuttle the budget, but want to restore balance in the curriculum at Spaulding.

“Our position has been and still is there should be a balance in that curriculum and respect in that school,” said Paul Malone.

Although the couple’s criticism is not limited to Treece, they admit his comment served as a springboard for their effort.

“It’s not an issue of freedom of speech. That was never the issue,” he said. “It’s an issue of balance and it’s an issue of professionalism.”

Based on discussions with faculty, parents and students, Norma Malone said students from a largely conservative community are being urged to view the world to through a liberal lens.

“There’s nothing from the center or from the right,” she said, rejecting Treece’s comments to the contrary.

The Malones, who have formed the group “Citizens Advocating Responsible Education,” say they plan to attend tonight’s school board meeting and present a copy of a petition signed by several hundred supporters. The petition states in part: “Students must be provided a thorough, factual, unbiased study of the history of our nation, the importance of our government institutions, and the significance of our political traditions so as to engender civic duty and respect for our national values.”

In order to accomplish that goal, the petition suggests revisions to the school’s policy regarding academic freedom and the appointment of community members to the school board’s curriculum committee.


TOPICS: Culture/Society; US: Vermont
KEYWORDS: antiamerican; antibush; blameamericafirst; bushbashing; commies; communists; hateamericafirst; leftwinghategroup; litteredschoolhouse; looneyleft; police; procastro; prodictator; publicschool; redmenace; students; taxdollarsatwork; theredmenace; vermont; youpayforthis
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To: grapeape
If police units can't enter buildings any time they want then we can not have police units at all.

Are you proposing, then, that police have the right to enter a building unannounced when they have no probable cause to suspect that a crime has been or is being committed in that building?

281 posted on 05/06/2003 11:42:15 AM PDT by RonF
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To: Calpernia
I'm unclear as to whether it was his uniform that allowed him entry. The article says he use to work there and he knew the custodian.

If ths custodian knew he had no legitimate business there, and let him in simply because he knew him, then the custodian should also be fired.

The custodian escorted him to the classroom. Does this make a difference?

Well, it's not quite as bad as if he had kicked the door in.

282 posted on 05/06/2003 11:42:54 AM PDT by The Hon. Galahad Threepwood
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To: dirtboy
Are you saying he was wrong because he was a cop in dress doing this?
283 posted on 05/06/2003 11:43:31 AM PDT by fml
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To: Ron in Acreage
Agreed. Give the cop a few days paid administrative leave as a punishment for taking too long of a break (if indeed that happened), and then sack the teacher for being a Marxist ideologue and class-warfare advocate in a public school supported by public taxes. If any Che Guevara aficionados in the community want to hire him to teach their own children, then they can set up their own charter school for that purpose.
284 posted on 05/06/2003 11:43:59 AM PDT by Cultural Jihad
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To: ~Kim4VRWC's~
BS! IF the parents are told they can't see the classroom..it's time to take the kids out of school. THat's crazy to have to demand anything. School's don't own the kids for 6 or so hours a day, nor do they own the rights to entry.

Try entering any public school without permission of the administration and then refuse to leave if asked. Then you WILL see cops on school grounds, and in a big hurry.

There are sound security reasons for this. Some administrations abuse them, but that's what school boards and political activism are for - to keep administrators in line.

285 posted on 05/06/2003 11:44:26 AM PDT by dirtboy (words in tagline are closer than they appear...)
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To: dirtboy
Exactly.
286 posted on 05/06/2003 11:44:49 AM PDT by Doctor Stochastic (Vegetabilisch = chaotisch is der Charakter der Modernen. - Friedrich Schlegel)
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To: Paulus Invictus
Who's to say that the children did not come by these beliefs themselves? Who's to say they didn't? All you people are operating on is hearsay and assumptions based on the man's political views. Maybe an interview with the kids would shed more light as to whether this guy was unduly influencing them or not. Perhaps it is even good for them to come into contact with opposing view points. If the parents are that concerned they can talk with their kids and discuss what the teacher said or they could even talk to the teacher himself. I don't buy the knee-jerk assumption that a teacher would try to "get back" at the parents through their kids - it could happen, but that's assuming the worst, and that really bothers me. What bothers me about this is that it took place at night, undercover of darkness, and the cop's evidence is a two dimensional photo, when it could have been taken in broad daylight, during regular business hours, with a rational discussion being the basis of any changes made in terms of staff, curricula, teaching methods etc.
287 posted on 05/06/2003 11:45:30 AM PDT by Leftymasher
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To: longtermmemmory
no case open, public schools are public.

Nope. According to the Barre City School Policies, 2.0 Use of the school building may NOT include....:

2.6 Functions (Are) determined by the building administrator to be an inappropriate use of school facilities.

Mott's activities obviously fall under that category.

Interestingly, also prohibited is: 2.4 Groups (Are) intended to overthrow the government, by force, violence, or other unlawful means.

Given whom he's got pictures of, Mr. Treece may be edging close to that line.

288 posted on 05/06/2003 11:46:00 AM PDT by r9etb
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To: Travis McGee
Communism is a thousand times more dangerous to than Big Tobacco.

The cop is a hero. He may be fired, he may be sued, he is still a hero.

He nationally exposed a communist agent.

Bump that. We have to take back our public schools from these socialist ideologues that will use every effort to thwart any investigation into what they are teaching our children.

289 posted on 05/06/2003 11:47:50 AM PDT by spodefly (This is my tag line. There are many like it, but this one is mine.)
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To: r9etb
It is inappropriate use of the building to observe and/or document the students' projects on display? Gimma break!
290 posted on 05/06/2003 11:48:20 AM PDT by ValerieUSA
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To: mewzilla
I'd like to know why the door to that room was locked... Maybe so kids wouldn't be able to sneak in the maintainence door like the cop did, and walk in the room to change their grades or some other mischief? THINK, people.
291 posted on 05/06/2003 11:48:22 AM PDT by Quick1
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To: Cultural Jihad
so sack the teacher for his political beliefs? Maybe they should look for some proof that goes beyond pictures. Pictures cannot demonstrate state of mind. Maybe he was unduly influencing the kids, but it sounds like you are just having a knee-jerk reaction to his beliefs.
292 posted on 05/06/2003 11:48:36 AM PDT by Leftymasher
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To: ValerieUSA
Why is the room locked? To keep the public from seeing what is on display?

I would imagine that teachers keep sensitive materials such as grade books locked in their desks. Also, some schools allow access after hours by adults taking adult education classes or other activities, so it would make sense to lock classrooms that are not in use for those activites.

No, the room should never be locked for that purpose - that is wrong. The teacher and students do not have any presumption of privacy from observation or exemption from accountability.

The room is locked to protect the personal property of the teacher and the students from being vandalized or stolen. Allowing a citizen who asks permission to see the display to do so, does not violate any principle of protecting personal property.

Sorry, but you just can't walk into a property without the proper permission of those responsible for it. Try it sometime and then announce what you have done and see if you escape some kind of legal sanction. Technically, the cop was in trespass.

293 posted on 05/06/2003 11:49:16 AM PDT by dirtboy (words in tagline are closer than they appear...)
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To: grapeape
He's a cop..

Uh, actually, he wasn't a cop. Not there. Re-read the article. He was out of his juristiction. He had no more right to walk up to that building wearing a uniform and a gun than you do. I'll wager a fair sum of money that either that municipality or that state has a law that makes it a criminal offense to misrepresent yourself as possessing police authority. I'll bet that what this cop did qualifies.

294 posted on 05/06/2003 11:49:27 AM PDT by RonF
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To: RonF
Cool, you don't support the teacher. I'll assume that this is a purely academic article and start over.

I believe that it is ok for a cop to enter a public building. I entered the debate with the idea of photographing the layout of a classroom. I cannot help but think that any attempt to obfuscate the point is demogogery.

Like your point about "investigation" there was and is no investigation. Why do people keep insisting that there is. Your assuming that this is an abuse of police power. What power did he use to do what? he took pictures of the layout of a class room. That is nothing. To make it into the rebirth of McCarthyism is blowing it way out of proportion.

And another thing. Quit trying to say that someones desk is somehow the same as a class room. They are no where close.
295 posted on 05/06/2003 11:49:46 AM PDT by grapeape (Hope is not a method. - Gen. Hugh Shelton)
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To: anniegetyourgun
Sounds very much like we have our own little home grown version of the Tailban Madrass School.
296 posted on 05/06/2003 11:49:47 AM PDT by Flint
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To: dirtboy
no signs, no trespassing.
297 posted on 05/06/2003 11:50:13 AM PDT by longtermmemmory
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To: r9etb
We will have to disagree on this.

You think that he was acting "as a private citizen" while on duty and in uniform. I disagree with that conclusion. There are thousands of Section 1983 civil rights cases that support my opinion.

While his conduct was certainly motivated by a personal desire to find out what was in the classroom, the legal question is whether he was acting within the scope of his employment, which I believe is a debatable question. But the fact that he was in uniform and on the clock decides the issue for me: he was acting within the scope of his employment. If he had came across a burglar while on the school premises and acted to foil the burglary, he certainly would have been in the scope of his employment. Why should the fact that there wasn't a burglar compel any other conclusion?

"The question then reduces to: does a private citizen have a right to enter a public school building outside of normal business hours without the consent of the school administration?"

This isn't the right question. It's a question you've made to support the result you support.

1) Mott was not a private citizen. He was a uniformed, on-duty police officer. (See above.)

2) Even if he were a private citizen, the janitor's consent would probably be enough to authorize his presence on the premises. The janitor has both actual and apparent authority to permit entry onto the school premises, especially if he is the only school employee on site.

Lest you think I condone Mott's actions, please be assured that I do not. That being said, there is nothing ILLEGAL about what he did, in my opinion.

Personally, I'm surprised he wasn't at dunkin' donuts, like most Baltimore cops would be at that hour.

Trace
298 posted on 05/06/2003 11:50:38 AM PDT by Trace21230 (Ideal MOAB test site: Paris)
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To: Old Professer
You have a constitutional right to privacy while a government entity does not.

Try searching file cabinets in the mayor's office (or the school principal's) without a warrant and get back to me...

299 posted on 05/06/2003 11:51:29 AM PDT by dirtboy (words in tagline are closer than they appear...)
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To: ~Kim4VRWC's~
In Houston I don't think that a school board member has ever been voted out of office. HISD frequently looses millions and lord knows what else. No one cares.
300 posted on 05/06/2003 11:51:35 AM PDT by grapeape (Hope is not a method. - Gen. Hugh Shelton)
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