Continued: Anoka-Hennepin teachers in gay mocking case on leave

Two teachers accused of repeatedly mocking a student they believed was gay are on leave from their jobs, Anoka-Hennepin School District officials said Tuesday.

Diane Cleveland, a 39-year-old social studies teacher, and Walter Filson, a 56-year-old law enforcement teacher, went on leave within the past week, said Ginny Karbowski, director of career and technical education for the Secondary Technical Education Program (STEP) in Anoka, where the two taught.

Cleveland's attorney, Phil Villaume, said: "Our position is that she is taking an unpaid, voluntary leave of absence at her request. ... This was done in the last week, and it was her decision and her decision alone." Villaume doesn't represent Filson and couldn't comment on his status. Filson couldn't be reached for comment.

The leaves of absence are the latest chapter in a months-long controversy over the teachers' actions that led to a $25,000 settlement for the student, Alex Merritt, 18, and his family. Merritt eventually transferred schools and graduated from Zimmerman High School this year. The case upset many people who considered the disciplinary action taken against the teachers too mild.

In January 2008, the district reacted to the allegations by briefly reassigning Cleveland and placing her on two-day unpaid suspension. Her reassignment included working on a "social studies curriculum development and reflecting on equality and diversity in the classroom," according to the Department of Human Rights.

However, the department said, Cleveland completed only one day of the assignment, calling in sick the remainder of the week. When a new semester started on Jan. 22, 2008, she was back in her classroom.

It is not known what, if any, disciplinary was taken regarding Filson.

Karbowski said that because of privacy rules about personnel matters, she could not say whether the teachers' current leaves are paid or unpaid, how long they will be on leave or the reason for the leave. The district is hiring substitute teachers for their classes, which begin next week, she said Tuesday night at a STEP open house for students and parents.

Cleveland's attorney, however, said his client's decision to voluntarily take a leave means "she can go back anytime she desires."

"This whole thing has been very, very traumatic for her," he said. "Her leave is indefinite and I have advised her to wait and let this resolve itself. ... There's an organization calling for her to be terminated, and it's not going to happen. She's not going to resign. The discipline that has been imposed has been imposed, and this is done. And that's basically the end of the story."

But that could change if the Minnesota Board of Teaching decides to discipline his client, Villaume said.

That board has the authority to revoke or suspend a teacher's license. But a board official said Tuesday night that she could neither confirm nor deny whether the board is investigating Cleveland and Filson.

"Only if disciplinary action is taken does it become public," said Nancy Triplett, the board's teacher ethics specialist.

Villaume said he has been "led to believe" that the board intends to investigate his client. "I don't know the timeline, but if they're going to investigate, I'm assuming they're in the process of starting it," he said, pointing out that he's notified the board that he is representing Cleveland.

Public reaction strong

A group of "concerned citizens" has formed to seek tougher sanctions on the two teachers as well as policy changes.

"This is a good opportunity for us to push forward policies to make schools safer for all children so they are not bullied, teased or discriminated against and so the classrooms are a place for learning," said Adam Fairbanks, who helped organize a Facebook group called "Tell Anoka-Hennepin School Dist. to fire anti-gay teachers." The Facebook group has nearly 1,500 members.

On Tuesday night, Fairbanks and eight others stood outside the doors to the STEP open house, handing out literature criticizing the two teachers and the district's response so far. They held up signs and opened a banner that said, "We demand safe schools." They urged visiting parents to ask that their children be allowed to opt out of any classes taught by Cleveland or Filson.

Karbowski said that any such requests made by parents and students will be honored. Of the protesters, she said, "Obviously they have some strong feelings on this issue."

"This is a success for us," Fairbanks said after learning that the two teachers are on leave. "If the teachers are on unpaid leave, we're a step closer to getting them fired. If they're on paid leave, they still are not going to be with students in the classroom. And that's our goal."

Last week, about 30 people attended the school board meeting to urge administrators and board members to remove the two teachers from the classroom. Katrina Plotz said school board members thanked them for coming and agreed to take the issue under advisement. Wanting faster action, her group organized Tuesday's protest.

Some parents at the STEP open house said they had heard about the case, but many said they knew nothing about it.

Jennifer Leonard came out of the school with her daughter and walked past the protest. "I just came here to get the [school] calendar and meet her teacher," she said.

Leonard said she hadn't heard many details about the harassment of Merritt, who is straight. "It's sad," she said. "I say leave [the student] alone, because it's none of their business. It's no one's business who someone cares about."

Would she pull her daughter out of a class taught by Cleveland or Filson? "I probably would," she said.

The protesters also urged students and parents to send written complaints to the state Board of Teaching in hopes of having the teachers' licenses revoked or suspended and to urge the district's superintendent to fire the teachers.

State law allows teachers to be fired immediately for "conduct unbecoming a teacher," which includes discrimination because of sexual orientation. But district officials said last month that their attorney has said previous arbitration decisions show that when a teacher harasses someone, the district usually has to pursue "corrective action" before a firing.

Mary Lynn Smith • 612-673-4788