North Bergen police and the Hudson County Prosecutor’s Office have both decided not to press criminal charges against a North Bergen High School teacher who apparently sat in her classroom and did nothing to prevent students from participating in a “truth or dare” game involving oral sex while in the class.
According to both the Hudson County Prosecutor’s Office and the North Bergen police, teacher Debbie Noone, a tenured special needs teacher in the Board of Education for the last 10 years, will not face criminal charges for the March 2 incident, in which a 14-year-old girl supposedly performed oral sex on a teenage male classmate while two other boys were fondling and kissing her breasts – all while in the classroom.
“Based on a review of the evidence and the statements taken by the [North Bergen] police, it does not appear that the teacher’s conduct rises to a criminal level,” said First Assistant Hudson County Prosecutor Terrence Hull last week.
Because of that, the evidence will not be presented to a grand jury for possible indictments in the future.
The North Bergen Board of Education has assigned Noone to a non-teaching duty without any contact with students, pending the outcome of the investigation and a subsequent hearing from the state Commissioner of Education.
North Bergen police officials have determined the case to “be pretty much closed” because Noone was apparently oblivious to what had occurred in her classroom. Also, because the acts apparently were consensual, no criminal charges will be filed whatsoever, although the state’s Division of Youth and Family Services have been called in to investigate the matter.
According to reports filed following both school and police investigations, apparently nine students gathered in a circle in the back of a North Bergen High School basement classroom to play a game of “sexual Truth or Dare.” While the game was being played in the classroom, Noone apparently sat at her desk doing paperwork.
The game was being played shortly before dismissal in the afternoon. According to reports, the students stopped their activity when Noone heard giggling and inquired what was going on. Once she returned to her paperwork, the game allegedly continued and escalated to the point where the special needs student was performing oral sex on the teenage boy in the middle of the circle, while others were able to kiss and fondle her breasts.
Noone told officials that she was unaware of such behavior happening in the classroom.
Superintendent shocked
When officials received word of the conduct in the classroom, they were more than mortified.
“I’ve been in education for 41 years and this is the most bizarre incident I’ve ever come across,” said Superintendent of Schools Peter Fischbach. “I’ve never heard of anything like it, especially with the teacher right in the classroom. It’s extremely disturbing and upsetting. When we talk about special needs students not getting proper supervision in the classroom setting, it’s extremely upsetting and totally intolerable.”
Noone’s status with the North Bergen Board of Education is in serious jeopardy.
“I think we have a strong case for tenure charges,” Fischbach said. “If she placed the students in a dangerous situation by the lack of discipline, then the Office of Administrative Law can rule on her tenure. A hearing officer will be assigned to the case and the hearing officer will make a decision.”
Fischbach said that he had met with several of the parents of the students involved in the incident, as well as other parents. He has also held several meetings with Board of Education Attorney Joseph Ryglicki to discuss further action.
Kids surprised
It marks the second time this year that the Board of Education has come under severe scrutiny for the actions of a teacher.
Two months ago, David Bellani, a McKinley School physical education teacher, was suspended for allegedly binding a first grade boy’s hands and ankles with tape as part of a disciplinary action.
As for the most recent incident, some of the students in the high school still cannot believe that it could have taken place, especially at a school like North Bergen, where security is always a major issue.
“With all the cameras and metal detectors and ID badges, you can’t find a safer place to go to school,” said one male senior who asked not to be identified. “This has to be considered an isolated incident. It makes no sense. I’ve never heard of anything like this before in my four years here. It’s not even joked about. I think most of us realize that you just don’t do those kinds of things in school, and especially not in a classroom.”
“I think the school does everything it can to make us safe,” said a female junior. “If this was a rape case or a sexual assault, then we should be concerned. But it looks as if these kids wanted to do what they were doing. It may be sick and it may be wrong, but they wanted to do it.”
Some parents also believed the incident to be very isolated, although they expressed concerns.
“My daughter has been going to the school for three years and I have nothing but praise for the school,” said Irma Maldonado, who has four children. “They really go out of their way to make sure our children are safe. This is just one incident involving kids who simply don’t know better.”
“I have to be concerned about the quality of the teachers,” said Edgar Montanez, who has two children in the North Bergen school district. “How can this woman not know what was going on? How could she not hear a thing? That is totally amazing. I think she just turned her back on the whole thing.”
That last concern is the one that has caused many people to scratch their heads in disbelief, including the school’s chief administrator.
“She’s made no comment to me on what happened, so I really don’t know what to think,” Fischbach said. “But you go over it and you keep shaking your head, saying, ‘How could she not be aware of what was going on?’ It’s part of the main responsibilities in education, supervision of the students. Failure to do so is inexcusable, especially with special needs students.”
Added Fischbach, “She’s been involved in certified child care for 10 years now and knows the procedures, but she apparently totally ignored them. We worked so hard for three years to be prepared for state evaluation and to receive commendations. To have this happen is a complete slap in the face and an insult to every educator who does his or her job the right way in our system.”