Montville School Should Have Reported "Inappropriate" 1st Grade Teacher, Court Says

A former Montville first grade teacher, Jason Fennes, allegedly kept doing it again, and again.

Yet some of his alleged dirty deeds might not have been inflicted on other students, according to the Daily Record, had Montville Board of Education officials done their duty and reported Fennes' misdeeds to the proper authorities, the state Department of Education's Board of Examiners, which licenses teachers, and the state Division of Youth and Family Services, now called Child Protection and Permanency.

A state appeals court on Thursday ruled in a lawsuit brought by the guardian of a child who Fennes allegedly abused that school officials should have done their part to ensure schools outside of the Montville Board of Education wouldn't have hired him.

"Montville knew for many years that Fennes engaged in inappropriate physical contact with female students and that his conduct continued despite repeated warnings from his supervisors, reports to the Division, and a salary increment withholding. Montville also knew it had not reported Fennes to the Division or Board of Examiners following his suspension and resignation and that Fennes retained his teaching license and would not receive a negative reference from Montville. Thus, Montville knew or should have known there was nothing to prevent or deter Fennes from obtaining another job teaching female children," according to the appellate decision, which was obtained by the Daily Record.

The court made its ruling in response to a lawsuit the guardian of one of the victims, "Child M," filed in Middlesex County according to the Daily Record. Fennes allegedly sexually abused Child M in February 2012, while he worked as a first-grade teacher for Cedar Hill Prep School in Somerset, Somerset County, after he'd been fired and forced to never to work in the Montville school district in an agreement with the Montville Board of Education for his actions.

In 2010, after he was evicted from Montville district, he jumped on the opportunity to work at Cedar Hill Prep, where he allegedly found at least one other student, Child M, to abuse.

Fennes has been charged with allegations of sexual assault and inappropriate physical contact with students spanning over a decade. He was indicted in 2013 with three counts of first-degree aggravated sexual assault, eight counts of second-degree sexual assault, and four counts of second-degree endangering the welfare of a child.

His charges include allegations of sexual abuse of a former student who was between the ages of 14 and 16, who he met when he was a track coach at Butler High School in 1997. After he resigned from the high school, Fennes began a job as a first grade teacher at the William Mason Elementary School in Montville in 1998.

According to the Daily Record, by 2005, school officials were aware that there were allegations of inappropriate behavior on the part of Fennes in his interactions with female students by 2005. His interactions with students allegedly include hugs, kisses, hand-holding, and buttock pats. The school board in Montville fired Fennes after he allegedly ignored warnings in 2010.

"Among other things, Fennes had female students sit on his lap; allowed them to touch his legs, thighs and buttocks; kissed them and allowed them to kiss him; threatened them not to tell anyone; and told them they would get into trouble or he would not like them anymore or hold their hands if they told anyone. Fennes received several warnings from his supervisors that his conduct was inappropriate and must be corrected, but Fennes responded that he was an "affectionate person and (couldn't) change" and 'was not going to stop cold turkey,'" said the appellate decision, which was obtained by the Daily Record.

Additional reporting by Ariana Cohn-Sheehan

Image via Somerset County Prosecutor's Office, used with permission.