Rossford school administrators admitted in a letter to the family of a female student that the district’s former athletic director touched their daughter inappropriately, but they concluded his actions didn’t constitute sexual harassment because the student's academic performance was unaffected.
Read Rossford Schools letter regarding complaint of harassment | Letter regarding complaint of harassment page 2
The officials’ line of reasoning is outlined in a letter obtained by The Blade after it was sent to the family of a student who came forward with complaints against Pat Murtha. Mr. Murtha, who was also an assistant high school principal and an anti-harassment compliance officer, resigned from the district in April after a two-month investigation into allegations that he acted improperly with students.
The letter, signed by Superintendent of Schools Dan Creps, says a district investigation found Mr. Murtha had physical contact with the student in a way that violated the board’s anti-harassment policy.
"However, because the conduct was not described as being so severe, persistent, or pervasive that it interfered with your educational performance or that it created a hostile educational environment, I conclude that Mr. Murtha's conduct did not meet the strict definition of sexual harassment under Board Policy,” Mr. Creps wrote in the letter.
“Please understand that this conclusion is based on the specific definition in Board Policy, and does not change my overall conclusion that the allegations in your complaint were substantiated....”
The letter in question has surfaced nearly three months after Mr. Murtha was first placed on paid leave while the district investigated allegations made by at least three students. School officials who investigate the students’ claims found Mr. Murtha, 48, engaged in “inappropriate conduct,” including unwanted touching of students’ hair and shoulders.
Mr. Creps and other school officials have repeatedly declined requests to be interviewed. Mr. Creps did so again Friday through a district spokesman. School board President Dawn Burks last week said the board would not comment and deferred all questions on the matter to Mr. Creps.
On Friday, Ms. Burks again said the board would not comment and deferred to the superintendent.
In an email to The Blade last week, board member Tiffany Densic expressed frustration with how the matter has been handled publicly.
"I am very sorry to hear your requests for an interview have not been granted to our Superintendent as you have requested," Mrs. Densic said. "It is my belief, coupled with the training I have received on behalf of the Ohio School Boards Association while attending their annual convention in Columbus, the more transparent we are about issues, the sooner those issues can be corrected and dealt with."
Anne Hedgepeth, director of federal policy at the American Association of University Women, said she generally disagreed with the reasoning outlined in the letter sent to the family of the complaintaint.
“I have a lot of trouble with sexual harassment by a person in a position of power on a student with this concept of it only being a problem if those students struggle in school as a result,” Ms. Hedgepeth said. “That doesn't match with what the [federal] Department of Education guidance says about how schools define what pervasive means. You can see clearly that behavior from a person in power on a student can absolutely create a hostile environment.”
Ms. Hedgepeth said some students can be resilient and may persist through emotional issues caused by harassment that may not impact their academic performance.
“Sexual harassment from faculty and staff should be unacceptable, full stop,” she said. “The school should be asking whether it has altered the educational environment or changed their ability to participate, not just whether they maintained grades.”
The Rossford school board’s anti-harassment policy defines harassment as “any threatening, insulting, or dehumanizing gesture, use of technology, or written, verbal or physical conduct directed against a student,” that, among other things, “ has the effect of substantially interfering with a student's educational performance, opportunities, or benefits.”
But the policy also includes a definition of sexual harassment taken from federal civil rights and anti-discrimination laws. This section of the policy broadly defines sexual harassment as, among other things, “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” that create an intimidating, hostile, or offensive learning environment.
The definition also includes: “unwanted physical and/or sexual contact,” “unwelcome and inappropriate touching, patting, or pinching,” and “obscene gestures.”
That includes a pattern of conduct “which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliation to another.”
Mr. Murtha’s resignation from Rossford in April came after he was disciplined in 2004 by the Ohio State Board of Education for problems that occurred while he worked for the Athens schools in southeast Ohio. In that case, he was found to have made repeated sexual remarks to a female Ohio University student who was working as a trainee at the high school.
It's unclear if Rossford officials were aware of Mr. Murtha's past when he was hired in 2004. Ms. Densic previously told The Blade that part of Rossford’s two-month investigation focused on what the district knew in 2004. Media reports were published in 2003 and 2004 concerning the Athens situation.
Mr. Murtha's personnel file from Athens includes a letter from then-Athens superintendent Carl Martin reprimanding Mr. Murtha for making "inappropriate comments" and "touching without consent the hair, face, and/or lower back of various members of the Athens City Schools community."
Mr. Murtha resigned in 2003, but the resignation did not take effect until July 31, 2004. His contract with Rossford began the next day.
According to a “transition agreement” signed by Rossford officials and Mr. Murtha in April, his resignation in lieu of termination from his most recent position allowed Mr. Murtha to avoid having any discipline appear in his personnel file.
The district also agreed to give Mr. Murtha a “letter of reference” that will “reflect the dates of Mr. Murtha’s employment and Mr. Murtha’s positions held.”
His transition agreement with Rossford calls for Mr. Murtha’s employment to end July 31. He was reassigned to complete any necessary work from home with full pay and benefits.
Mr. Murtha’s annual salary was $91,686, according to district records. He will also receive compensation for all unused vacation and personal days.
First Published May 10, 2019, 5:01 p.m.
