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Wednesday, October 27, 2021

The Duty to Report Pedophile Teachers

     On October 2011, a mother and her 8-year-old daughter met with the principal of the girl's elementary school regarding the behavior of a teacher named Craig Chandler. The 35-year-old taught second grade at the O.B.Whaley Elementary School in San Jose, California. According to principal Lyn Vijayendran's notes of the meeting, the student--identified as Jane Doe--was summoned from recess to Chandler's empty classroom. Pursuant to a lesson plan he called "The Helen Keller Unit," Chandler blindfolded the student and instructed her to lie down on the floor and part her legs. After the teacher removed the girl's shoes, she sensed something "gooey" on her feet that felt like his tongue. Chandler placed something into the student's mouth, and with his hands moved her head back and forth. The girl tasted something salty that dripped onto her jacket. Before Jane Doe left Chandler's classroom, he put a piece of hard candy into her mouth.

     Instead of passing this information on to the police for further investigation, Vijayendran questioned Craig Chandler herself. The teacher explained that he had been doing his Helen Keller (a deaf and blind woman who rose to fame as an early twentieth century author) lesson plan for years. He said his "instructional goal" was to deprive students of sight so they could experience what it's like to be blind. The gooey sensation felt by the student on her feet had been caused by a wet  sponge, and the taste in her mouth from a bottle of salt water. The teacher offered to meet personally with the girl's parents to clean up any misunderstanding.

     Satisfied with Chandler's explanation, the principal told him to discontinue the Helen Keller business, transferred the student to another class, and reported the incident to the Evergreen School District's human resources department. Someone from that department also questioned Chandler, and the matter, institutionally, went no further than that. Craig Chandler continued teaching at the O.B.Whaley Elementary School.

     Although principal Vijayendran had closed the book on the case, parents of other girls in his class went straight to the police with complaints about Chandler's Helen Keller ploy. Following an investigation by detectives with the San Jose Police Department, a Santa Clara County prosecutor, on January 10, 2012, charged Chandler with the crime of lewd and lascivious acts performed on a child under fourteen. Seven months later, additional charges were filed against the teacher involving four other students who were, between the period August 2010 and May 2011, exposed to Chandler's Helen Keller experiment.

     Incarcerated in the Santa Clara County Jail, Chandler faced up to 75 years in prison if convicted of these crimes. He pleaded not guilty to all charges.

     On October 19, 2012, with Chandler still in custody awaiting his trial, Jane Doe's parents filed a civil suit against the Evergreen School District, the O.B.Whaley Elementary School, and principal Vijayendran.

     Santa Clara County prosecutor Alison Filo, in July 2012, charged principal Vijayendran under a  California law that made the failure of an educator to report the suspected sexual abuse of a student a crime. If convicted of the misdemeanor,  the principal faced up to six months in jail.

     The Vijayendran trial got underway on October 31, 2012. Prosecutor Filo, in her opening statement to the jury said that any reasonable person under the circumstances of this case would have suspected sexual abuse on the part of this teacher. Defense attorney Eric Geffon argued that his client had no reason to suspect foul play on Mr. Chandler's part. Geffon described the teacher's Helen Keller cover as "a detailed, devious, well thought out, well prepared story he concocted that explained everything."

     On November 2,  2012, Lyn Vijayendran took the stand on her own behalf in an effort to convince the jury that there was nothing in the student's story or her demeanor that suggested sexual impropriety on the part of the teacher. Referring to the 8-year-old girl, Vijayendran said, "She had a big smile on her face. She was her normal self, very talkative." The witness said that at no point in the meeting with the student and her mother did the subject of sexual abuse come up.

     On cross-examination, the defendant admitted that when she learned that Mr. Chandler had asked the student to "open her two legs," the idea of sexual impropriety crossed her mind. Prosecutor Filo asked, "If someone said that to you in a grocery store line, you'd slap him, wouldn't you?"

     "You'd have to be crazy not to think it was sexual," the defendant answered.

     On November 5, 2012, the jury found Lyn Vijayendran guilty of failing to report Craig Chandler's sexually suspicious behavior to the police. Judge Deborah Ryan sentenced the principal to two years probation, $602 in fines, and 100 hours of community service.

     In August 2013, a Santa Clara County jury found 36-year-old Craig Chandler guilty of five counts of lewd and lascivious acts on a child under 14. The judge sentenced him to 25 years in prison.

     The Evergreen School District paid out $16.5 million in damages as a result of civil suits stemming from the Chandler case.

     It's a shame that educators, to protect the children under their care, have to be induced to do the right thing by making it a crime not to. In a perfect society, there should be no need for such crimes of omission.

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