Criminal charges dropped against Burlington educator
Nicole Higgins DeSmet
Burlington Technical Center educator David Scibek had strong words for the school district after criminal charges filed against him were dismissed on the recommendation of the state's attorney's office.
Former police officer Scibek was placed on suspended leave by district officials following an allegation that he injured a student in his criminal justice class in November 2017.
More:Burlington teacher trial: Judge declares mistrial, prosecutors look to retry
"They simply accused me of choking a student and throwing her to the ground. They exercised no due diligence by making this unilateral and uninformed decision and I have suffered for it," Scibek said in a statement issued on Jan. 21 by his wife, attorney Nadine L. Scibek.
Scibek pleaded not guilty to a charge of simple assault in January 2018. The tech teacher described the incident during his court hearing as a failed attempt to show a pressure point behind the student's ear.
More:Burlington Technical Center instructor on leave after allegations of harming a student
Judge Martin Maley declared the case a mistrial on Nov. 14, 2018 at Vermont Superior Court in Burlington when a jury failed to reach a verdict.
Case dismissed, with prejudice
Maley dismissed the charges against Scibek with prejudice on the recommendation of Deputy State's Attorney Franklin Palino. This means the judgement is final and the state cannot file criminal charges on the same claim.
The deputy told the court he made the decision after speaking with jurors and " the victims parents," according to court records.
Paulino told the court that the state's attorney's office made the decision even though some of the jurors validated the student's claim.
"[...]at this point we think a retrial is unnecessary, but we are disappointed in the result," said Paulino, who represented the state against Scibek in the case.
The school district said it was obligated to remove Scibek
The Burlington School District responded to Scibek's press statement via email on Jan. 22 explaining why Scibek was put on leave and what it intends to do next.
Because of "the District’s obligations to ensure the safety of our students, Mr. Scibek was placed on administrative leave pending the outcome of the criminal case. It would have been wholly inappropriate and irresponsible for the District to allow Mr. Scibek to remain in the classroom with a pending criminal charge of assault against a student."
The district is consulting with state agencies "to consider options and next steps," according to the statement. There was no word on whether Scibek would return to his post.
The Agency of Education had not filed formal charges as of Jan. 25 and wrote the following in a statement regarding a request for an investigation report:
"Agency cannot confirm or deny the existence of a licensing investigation. Any investigative documents that may exist are confidential pursuant to 16 V.S.A. § 1708(d), and therefore exempt from the public records law per 1 V.S.A. § 317(c)(2)."
'I have lost almost 14 months of my life'
Scibek said on Jan. 22 that the agency had not contacted him regarding an investigation, nor has the district contacted him regarding when he will be able to return to work and collect back pay. He has been on unpaid leave since May 2018.
"I have lost almost 14 months of my life fighting and defending myself against this baseless and uncorroborated charge," Scibek wrote.
Scibek said he and his family are deeply concerned with the district's "poor decisions" and are seeking legal counsel for possible next steps.
"I've maintained my silence until now," Scibek said. "We've been waiting for them to do the right thing."
Contact Nicole Higgins DeSmet at ndesmet@freepressmedia.com or 802-660-1845. Follow her on Twitter @NicoleHDeSmet