District Lawyer Advises Tight Lips When Allegations Arise

Their lawyer advisedto say only a few general things whenever allegations swirl around a school employee.

One, that they are aware of the allegations, lawyer Jim Toomey said.

Two, that the allegations are being investigated to get the full facts of the case, he said.

Three, that the matter is being addressed to protect students, he said.

In addition, they can say that appropriate action will be taken if the allegations are proved, Toomey told committee members last week.

And to the extent that information has already been released to the public, through court records, or otherwise, they can acknowledge them, he said.

Toomey was asked to counsel officials in light of two incidents last school year.

One was a felony breaking and entering charge against a high school guidance counselor; and the other related to a movie that a middle school teacher appeared in.

Both men were placed on paid administrative leave. The counselor later resigned and the middle school teacher, who broke no law, returned to the classroom.

Both instances, however, generated waves of questions from parents and media representatives.

School Committee member Larry Beaupre, a lawyer himself, said word and rumor travel fast in Swampscott.

"In this town, the speculation is what can kill you," he said.

He said committee members have talked about the best way to contain mushrooming rumors.

Toomey told the committee and superintendent that school official are limited in what they can say, and that they must not disclose private information about teachers or students.

Teachers have the right to due process, as stated in laws and collective bargaining agreements, he said.

Furthermore, saying too much up front, before the facts are known, can indicate a bias and jeopardize the district's ability to impose disciplinary action, later, Toomey said.