2 Students Thought Manhattan Jr. High Teacher Recorded Them: Police Report

MANHATTAN, IL — More details involving a police investigation into allegations of misconduct by a Manhattan District 114 teacher have come into focus in police records obtained by Patch.

The physical education teacher at Manhattan Jr. High School was escorted off school property and placed on paid leave March 5, amidst allegations he had violated district policy. District officials said they would conduct an internal investigation into the teacher's conduct to determine next steps. Two days later, he was also under investigation by Manhattan Police to determine if the allegations warranted criminal charges. The investigation concluded a week later, with no criminal charges issued.

In case records obtained via Freedom of Information Act request, police detail how and why they were called in to investigate, and the events leading up to it.

On March 4, a sixth grader told staff at Manhattan Jr. High that they were "feeling uncomfortable when teacher [name redacted] was recording the student exercising in gym class," the report states. Assistant Principal Gina Burlison reported the incident to the Department of Children and Family Services.

It was in response to that student's report, District officials said, that the teacher was escorted from the school on March 5, and subsequently placed on paid leave while an internal investigation is conducted. The status of that investigation is unclear as of March 19. Director of District Development & Communications Kim Maher on March 19 said the board will discuss next steps in closed session at its next meeting.

"The District was made aware yesterday of allegations that a school employee had engaged in activity that did not align with board policy," Superintendent Ron Pacheco said in a notice to parents issued March 5. "Based upon those allegations, the District acted quickly to begin an investigation into the allegations and to take steps to ensure the safety and well-being of our students."

Citing a personnel matter, district officials have consistently declined to identify the employee, their role within the district, and the subject matter of the allegation. Patch does not name someone under investigation unless or until they are formally charged. Sources close to the incident have confirmed the teacher's identity to Patch. Meanwhile, the Manhattan District 114 Board of Education on March 12 voted not to renew the contract of a physical education teacher at Manhattan Jr. High.

Following the teacher being placed on leave, an additional report surfaced on March 7, prompting police involvement.

A student told their parent they believed the same teacher had recorded them and classmates changing clothes in the locker room, "on several dates throughout the year," the report states. The teacher, the student claimed, had "positioned the phone on top of lockers" across from where they were changing. Both parents of the student said they were not certain if the phone had been recording or photographing at the time.

In question was whether the teacher had violated 720 ILCS 5/26-4, Unauthorized Video Recording. In Illinois, it is illegal to knowingly make a video record or transmit live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room or hotel bedroom, according to the Illinois General Assembly website.

Manhattan police followed up with a DCFS investigator, who said he "did not receive any further information that could conclude [name redacted] had produced any video or photographs of [student's name redacted] and classmates changing in the locker room."

On March 11, both DCFS and a representative from the Will County Children's Advocacy Center declined to interview the students. Both closed their investigations.

Manhattan police attempted to contact the teacher for an interview, but were unable to reach him. A voicemail went unanswered. He did not comply with requests for a police interview, records indicate. Police were also not able to perform a search of his phone.

After consulting with the Will County State's Attorney's Office, Manhattan police learned that the assistant state's attorney had received other inquiries about the incident from outside the Manhattan Police Department. With no physical evidence to exhibit, Manhattan police opted to close the investigation without filing charges.

As of March 14, the report states, no additional accounts of the teacher photographing or recording students had been reported.

"With no evidence that [name redacted] unlawfully produced any videos in violation of Unauthorized Video Recording (720 ILCS 5/26-4), this investigation is considered closed, and no criminal charges will be sought at this time," the case report states. "This investigation may be reopened if further evidence is discovered."