Is Diana O'Neil Autism's OJ? The Teacher Abuse Case in Sarasota.

By Sharon Boyd

Abuse complaints about Diana O’Neil, a special education teacher at Venice Elementary School in Sarasota County Florida, appeared as early as the 2001/2002 school year although her record does not reflect this. More allegations surfaced in January 2007. The current Principal, Theresa Baus spoke with O’Neill about the parents concerns in October  after aides in her classroom came forward to Baus expressing their concern for the children.  During O’Neil’s trial for abuse of her students, Principal Baus testified that she “spoke directly with Mrs. O’Neill and stated, “…that she was not to hit my children or hurt them or treat them roughly in any way”. The problem is that Principal Baus did not write this down as a Formal Verbal Warning. Her failure to do so was one of several missteps that have left special needs children in Sarasota, Florida vulnerable to continued abuse in their classroom.
    
O’Neill  was found not-guilty of the criminal charges of abuse on February 13, 2009. On February 20, 2009, she was informed by the Sarasota County School District that she was being dismissed from her position for using inappropriate physical force, making disparaging comments to students and misusing therapy equipment. They also stated that O'Neil disobeyed her principal's directive that she should not strike students. Barry Dubin, Executive Director of the Sarasota Classified Teachers Association, said that the Union would help O’Neil to fight to keep her job. He actually said, “Here is a woman who was exonerated in court. I just have no idea why they rushed to this decision. This woman has been through a lot and I guess she'll have to go through more."

The Union DID support her through her appeal. While waiting for her appeal, O’Neil continued receiving her $80,000 year salary while she worked in the records department.  The school district was even required to pay O’Neil’s $180,000 legal fees for the criminal case against her, because she was found not guilty of the charges. 
    
Despite the fact that she was found not guilty of criminal charges, she has ADMITTED to “bopping” the kids in the head to get their attention with water bottles with various amounts of water in them, binders, arm braces, etc. She ADMITTED to calling a little girl in her class OBLIVIA and saying that another child was sitting there just sucking up oxygen.  She ADMITTED to saying in a sarcastic way that her pupils were “not going to be taking the college track”.
     
The hearing in front of an arbitrator took place in July, and the final ruling announced on September 1, 2009.

Bases loaded and two strikes have parents of Sarasota crying foul, but the school district will continue to allow O’Neill to play ball.

The arbitrator’s decision is that O’Neil should be suspended for four weeks, and issued two written reprimands, but should not be fired as the school district had sought. At the end of the suspension she is to return to a similar position, teaching students making $80,000 year salary.

You can read the Arbitrator’s report for yourself HERE. Here are three highlights: 

1. In the Union’s position, “Bopping” the students in the head was a way to make learning fun, by doing it in a playful manner while making a buzzing sound when they got a wrong answer, and since it never caused them injury, pain or even discomfort, and since the School District has no clear policy on Corporal Punishment, the POLICY does not constitute the basis for O’Neil’s discipline.  HOW do they know it didn’t cause pain or discomfort when the children are NON-VERBAL? Even if it didn’t cause physical pain, it is demeaning at the very best! At the least, it was enough of a strike that it warranted concern on the part of the classroom aides.

2. Pertaining to the “shop talk” as they called it, the remarks did not expose any student to “unnecessary embarrassment or disparagement” according to the Union, sarcastic humor is an acceptable way to cope with the tension inherent to the job of teaching profoundly mentally handicapped children. Since none of the children in O’Neil's class could comprehend the comments made and no one else heard them except for the aides and the school nurse, they were not exposed to embarrassment.  WHAT??? These are children, not furniture. It is never appropriate to cope in this manner in front of them, or behind their backs for that matter!

3. Finally, in a quote from the Arbitrator, “Normally, it is true hitting a student in this manner would be grounds for termination of a teacher’s employment, because it would normally constitute misconduct in office so serious as to impair the teacher’s effectiveness in the school system. In this case, the mitigating factor of Ms. O’Neill’s 18 years of service to the District, in a job that would grind most educators down, must be taken into account…It is true that Ms. O’Neil committed insubordination because she hit, hurt, and treated students – especially T. –roughly in ways unrelated to the learning process. It is also true that a contributing factor to her pattern of abuse was the failure of the District to monitor, intercede, and timely apply progressive discipline when needed. “   So the Arbitrator agrees that there are grounds for dismissal, but HER RIGHTS WERE VIOLATED, so she cannot be terminated!   WHAT????? What about the rights of these children in her class? What about the rights of the students that will be in her class following her suspension? Who is protecting their rights?

This case has nauseated me for the past two years.  Reading this report, and some of the comments posted after the article in the paper announcing the decision, has put me over the edge. WHERE IS THE OUTRAGE? In a time when PETA is scaring kids with Un-Happy meals because the chicken was not treated well when it became nuggets, and people are screaming about the treatment of known terrorists that want to kill us, I cannot wrap my head around the fact that MRS. O’Neil’s RIGHTS were violated. 
    
I understand standing up for animals. I understand hugging trees and saving the planet. I really do. What I can’t understand is where are the voices of outraged people standing up and SCREAMING “YOU CAN’T HIT DISABLED CHILDREN”, YOU CAN’T CALL THEM NAMES, I don’t care if you think they understand or not”, “THESE ARE CHILDREN FOR GOD’S SAKE, be honored to share your time with them, and if you are burnt out, or the job gets too rough for you, GET OUT, because YOU can. You see, you chose to work with children with difficulties, we (parents) were drafted!”
    
We, as parents, are also tired, exhausted, burnt out, hit, pinched, scratched, poked, spit at, kicked, and the list goes on and on, and not one time, not ever, would it even enter our minds to treat our children in this manner! If you are tired Mrs. O’Neil, get out, but don’t take it out on our kids!

Sharon Boyd is the mother of five beautiful children. Her oldest son, Austin, is ten and was diagnosed with Severe Autism in 2002 after he regressed, beginning at age 15 months. She has used IDEA to establish a very stringent program for her son in public schools, and now helps other parents to learn to do the same for their children. She is founder and President of Parents in Action, PIA, Inc., a group dedicated to helping parents to stand up and be the voices for their children. She can be contacted at parentsinactionPIA@yahoo.com.

Comments

[bensmyson]

"It is true that Ms. O’Neil committed insubordination because she hit, hurt, and treated students – especially T. –roughly in ways unrelated to the learning process. It is also true that a contributing factor to her pattern of abuse was the failure of the District to monitor, intercede, and timely apply progressive discipline when needed."

Barry, simply because a $180,000 attorney was able to find a loophole doesn't mean the teacher didnt do harm to her students. Have her pack up and come down to NC where she will be welcome. http://www.ncwanted.com/ncwanted_home/story/8299664/

And just so you know, your comment, "If there are new set of rules in this country I wish someone would brief me on them." really pisses me off. The rules I'm familiar with are very simple, you harm a child and you suffer the consequences. If the glove doesn't fit, that dont mean sh*t in my court!

O'Neill served a four-week suspension in 2009 for hitting students on the head with water bottles, kicking a student and pulling the skin off the lip of another, according to a Sarasota school district investigation.

The Education Practices Commission Thursday voted against the agreement forged earlier between O'Neill's attorneys and the state Department of Education under which O'Neill would have served a 2-year probation, received a letter of reprimand and paid $1,100 in fines and probation costs.

The victim, who had half of her brain surgically removed as an infant because of extensive damage and cannot walk, talk or see, came home from school with bruises that they attribute to the rough treatment handed out by O'Neill.

Incidents were brought to the attention of Principal Theresa Baus, but neither she nor other school staff reported them to the state abuse hotline as required by law.

Instead, Baus asked teachers' aides to log any incidents. Over a three month period, they recorded more than a dozen instances of O'Neill kicking, pushing and hitting students.

The victim's parents have removed their daughter from school and now home-school her. Jimmy Hatfield said his daughter's moods are much better.

BTW, as are my son's moods lately.

[Stagmom]

Barry, it's so telling that not ONCE did you say she is innocent or show a scintilla of compassion for the children. Cover her ass. Cover your ass. Hide behind "Isn't this America" and go look for Nicole's killer with OJ, OK?

[Barry Dubin]

Isn't this still America? Since when are people who accused of even the most heinous crimes denied a right of representation in our country? Diana was found not guilt in a court of law and then a labor arbitrator ruled that she not be terminated by the school district. Do any of you who write with such great certainty have more knowledge of this case than the judge or arbitrator did?

Are you really saying that a teacher accused of an act of misconduct does not have a right to representation if the parent happens to have an autistic child? What if the child were to have a different disability? What about if the accusation involves a non-handicapped child? If there are new set of rules in this country I wish someone would brief me on them.

Barry Dubin
Executive Director
Sarasota Classified/Teachers Association

[Su]

Come Illinois with 9 yrs experience i mke $80,000 a year

[Kathy M]

Sorry if this went through twice, but here in Illinois we have this nifty website where we can look up all public school teacher salaries. I know how much $$$ all my child's teacher make!

http://www.championnews.net/salaries.php

[Kathy M]

In Illinois, we have this nifty website where you can look up the salaries of all public school teachers. I know exactly how much money all of my child's teachers make!

[a loving mom]

This teacher should be FIRED. period. My son had a male teacher who was seen & heard pulling him by the ear & saying "you can dish it out, but you can't take it." This was told to me by my respite sitter's higher functioning, verbal daughter. I reported it to the principal and this jerk was terminated. When you know you're burned out... get out!

[Allie90]

Thank goodness for Civil CT. I hope the parents who had their child in her classroom who were injuried will take her to ct. and tap into that nice check she gets from the school distr.

BTW:
Didn't OJ finally get sent to jail for 20 yrs recently?

[gamom]

Here is the information on HB 81
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0081__.xml&DocumentType=Bill&BillNumber=0081&Session=2010

[gamom]

Support HB 81 in Florida-- Every resident in FL should pick up the phone TOMORROW and ask your state rep to support HB 81