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Disabled student assaulted by LPS employee
Topic Started: Nov 6 2008, 08:15 PM (10,515 Views)
Vanna White
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Veteran
LPS Reformer
Mar 6 2009, 09:22 PM
cuddler
Mar 5 2009, 11:05 PM
snoopy
Mar 5 2009, 10:18 PM
Well I sure hope the miscarriage of justice does not occur at the next trial. This scum needs to be locked up!
Well I agree with Cecila, you are suppose to be innocent until proven guilty and from what one post states the charges were dropped in one case and a verdict of not guilty in the other case. It sounds to me like there was not enough evidence to prove that he did anything wrong.
OJ anyone? ;)
I was actually thinking the same thing.

From what I have heard, it was the bus driver that reported the incident and someone from the district called the parents to inform them.

Although anything is possible in theory, it seems rather unlikely that a bus driver would make a false report about something so serious. Apparently the district found the story credible enough to call the parents and release the parapro from employment.

While I completely support the idea of innocent until proven guilty for purposes of the legal proceedings, sometimes the details that are already public knowledge make it rather difficult for a rational person to imagine innocence as a realistic possibility. While a jury must assume innocence, it is rather silly to expect the general public to assume innocence.
Edited by Vanna White, Mar 7 2009, 07:28 AM.
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cuddler
Advanced Member
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Vanna White
Mar 7 2009, 07:27 AM
LPS Reformer
Mar 6 2009, 09:22 PM
cuddler
Mar 5 2009, 11:05 PM
snoopy
Mar 5 2009, 10:18 PM
Well I sure hope the miscarriage of justice does not occur at the next trial. This scum needs to be locked up!
Well I agree with Cecila, you are suppose to be innocent until proven guilty and from what one post states the charges were dropped in one case and a verdict of not guilty in the other case. It sounds to me like there was not enough evidence to prove that he did anything wrong.
OJ anyone? ;)
I was actually thinking the same thing.

From what I have heard, it was the bus driver that reported the incident and someone from the district called the parents to inform them.

Although anything is possible in theory, it seems rather unlikely that a bus driver would make a false report about something so serious. Apparently the district found the story credible enough to call the parents and release the parapro from employment.

While I completely support the idea of innocent until proven guilty for purposes of the legal proceedings, sometimes the details that are already public knowledge make it rather difficult for a rational person to imagine innocence as a realistic possibility. While a jury must assume innocence, it is rather silly to expect the general public to assume innocence.
Obviously the bus driver either did not show up, or was not convincing enough to the jury/judge because in one case charges were dropped and the other he was found not guilty in. Which means he was innocent in both cases and like I said innocent until proven guilty OJ OR NOT!!!!!
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IlikeLIvonia
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http://www.hometownlife.com/section/NEWS10

Former school parapro acquitted
March 8, 2009

A transportation paraprofessional accused of assaulting two developmentally disabled women on a Livonia school bus was found not guilty Thursday in 16th District Court.



Eric Zivkovich, 30, of Livonia had faced two counts of assault and battery in the Oct. 10 incident, but during the trial last week, 16th District Judge Kathleen McCann directed a not-guilty verdict on the second count, meaning that the prosecution had not proved its case on that count.

The jury deliberated Thursday and returned its not-guilty verdict on the one remaining count later that day.

Zivkovich, who was terminated from his position in Livonia Public Schools, could have faced up to 93 days in jail or a $500 fine if found guilty.

Both women Zivkovich was accused of assaulting are in their 20s and severely mentally impaired.

Raymond Correll, an attorney representing Zivkovich, said Friday that Zivkovich "felt very good" about the acquittal, but would not comment about the trial beyond that.

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Ms. AK
Veteran
"...16th District Judge Kathleen McCann directed a not-guilty verdict on the second count, meaning that the prosecution had not proved its case on that count."

Why does a judge get to direct a "not-gulity verdict" on any count? Isn't it up to the jury to decide guilt or not guilty?

Did anyone see the trial? Someone posted that the judge appeared to be favoring the defendant in some of her remarks. I was not there to confirm or deny.
Krome on Cars

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uh-oh
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Vanna White
Mar 7 2009, 07:27 AM
LPS Reformer
Mar 6 2009, 09:22 PM
cuddler
Mar 5 2009, 11:05 PM
snoopy
Mar 5 2009, 10:18 PM
Well I sure hope the miscarriage of justice does not occur at the next trial. This scum needs to be locked up!
Well I agree with Cecila, you are suppose to be innocent until proven guilty and from what one post states the charges were dropped in one case and a verdict of not guilty in the other case. It sounds to me like there was not enough evidence to prove that he did anything wrong.
OJ anyone? ;)
I was actually thinking the same thing.

From what I have heard, it was the bus driver that reported the incident and someone from the district called the parents to inform them.

Although anything is possible in theory, it seems rather unlikely that a bus driver would make a false report about something so serious. Apparently the district found the story credible enough to call the parents and release the parapro from employment.

While I completely support the idea of innocent until proven guilty for purposes of the legal proceedings, sometimes the details that are already public knowledge make it rather difficult for a rational person to imagine innocence as a realistic possibility. While a jury must assume innocence, it is rather silly to expect the general public to assume innocence.
Well, cuddler, it's hard to prove a case when the victim or her mother cannot testify as to the abuse itself or the effects of the abuse.

This guy is not innocent, he was a constant diciplinary problem at work(off limits in court), was transferred several times(also off limits in court), and was ultimately fired. He is a huge loser who takes advantage of the weakest individuals in society--those who cannot speak up or defend themselves.

Shame on LPS for moving him around from bus to bus. Shame on them too for putting this guy with anger issues on a bus with severly multiply impaired kids.

Just another shining example of how little LPS cares for the kids they service.
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LPS Reformer
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The schools exist to educate, not employ.
The civil trial should be interesting. Imagine Liepa on the stand, and the atty for Ms. Malaniak asks him if it is district policy to let employees with anger management issues be in control of any student, much less those with severe mental and physical disabilities?
“Child Abuse” means different things to different people....
----Randy Liepa 8/9/12
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LPS Reformer
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The schools exist to educate, not employ.
Come to think of it, I wonder just how many of the current staff have been sent to anger management?
“Child Abuse” means different things to different people....
----Randy Liepa 8/9/12
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crazy_cat
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LPS Reformer
Mar 15 2009, 03:45 PM
The civil trial should be interesting. Imagine Liepa on the stand, and the atty for Ms. Malaniak asks him if it is district policy to let employees with anger management issues be in control of any student, much less those with severe mental and physical disabilities?
I wonder how much of that the union has to do with.
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Hopeful
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If the union had control to place that employee, with anger management issues, in contact with students that are mentally and physically disabled then maybe the families should have sued the union also?!? If they have that kind of control, then they should be held accountable.
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Ms. AK
Veteran
I spoke to a former ASFME union rep. This was their take on the union's responsibility in this sort of instance:

"I don't believe the union has any obligation to the bus rider in question. It is like a lawyer with a guilty client; the union's goal is to keep the employee "whole," i.e., get his job back, with back pay and benefits. The bus rider could possibly sue the union, the school district, etc., but somewhere along the line, there will only be one or two parties as part of the suit. A lawyer would have to provide more input.

"If the other employees went to the union and complained about the man, the union would have to go to the employer--get the man out of his job and into some kind of therapy, medical leave, pension or something. The union's job is to protect all due-paying members.

"If you were fired from a position for doing something that was within the duties of your job (keep order on the bus), but you did it in an inappropriate way--but legal, the union's position is--you did the job and did not go against any written direct instruction (policy). You should get your job back. I'm sure the union is still working to get the guy his job back."

Were there written guidelines from LPS on how a bus parapro is to conduct himself while doing his job?

Krome on Cars

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LPS Reformer
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The schools exist to educate, not employ.
Didi you show him list list of alleged behaviors on the part of Mr. Zikovich?
“Child Abuse” means different things to different people....
----Randy Liepa 8/9/12
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LPS Reformer
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The schools exist to educate, not employ.
On the other hand, maybe the unions don't care.

Link

MEA Wastes Public School Funds Defending Unqualified Teachers

One of the functions of a labor union is to represent employees in disputes with the employer. The MEA is obligated to represent its members in cases where an employee is wrongly disciplined or discharged, or otherwise treated in a manner contrary to the labor contract. However, the union is under no obligation to pursue cases that lack merit or are economically unfeasible to pursue.

Instead of exercising sound judgment on these matters, the MEA has pursued some very questionable discharge cases, costing school districts exorbitant amounts of money in legal fees, money that could have been used in the classroom for education. Worse, huge back pay awards and even reinstatement of truly bad teachers have made a mockery of the procedural protections that were intended to shield good teachers from arbitrary or capricious decisions. Acting as if it must mount a legal defense for every discharged teacher, the MEA has pursued actions against school districts without regard to whether it is in the best interest of the school, the children, the community, or other teachers.

One of the most egregious examples occurred in 1980 and continued until 1993. The case, Ann Arbor Bd of Ed v Abrahams, 202 Mich App 121, 507 NW2d 802 (1993), involved an Ann Arbor gym teacher who was accused by six female students of sexual advances. Mr. Abrahams was fired for unprofessional conduct after five of the six students testified that he had exposed himself and made sexual advances towards them.

Mr. Abrahams, however, was a tenured teacher and challenged his discharge under the Teacher Tenure Act. Although Mr. Abrahams never testified in his own defense to the school board, his accusers were cross-examined. The school board found the testimony credible, but the MEA took up the case in Abraham’s defense.

In 1984, while the case was still pending, Mr. Abrahams got into an argument with his wife. After punching her in the face, he chased her into their front lawn and killed her with an ax.

The MEA continued to pursue the case, and after 13 years of constant litigation, the MEA won. Through the MEA’s determined effort, the Ann Arbor school district was forced to spend over $156,500 in legal fees and pay the convicted murderer nearly $200,000 in back pay.

Fearing such legal action from the labor union, school officials often engage in many inefficient and expensive practices, such as not discharging poor performing teachers, buying out poor performing teachers instead of just firing them, and giving good recommendations for poor performing teachers seeking employment at another school just to get rid of them
“Child Abuse” means different things to different people....
----Randy Liepa 8/9/12
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Ms. AK
Veteran
Yes, the former union rep read the complaint and the internal memos you posted, Reformer.

They expressed great concern over this situation, commenting that it happened to helpless women by a person, who should never have been in that situation.

But, the union did not hire this guy. LPS did.

Unions were created to protect their members from unfair and unsafe management treatment. Why?

Not that long ago in this country, children and adults were forced to work in filthy, rat-ridden firetraps, 7 days a week for pennies a day. These workers were not even allowed to use the restroom.

People died for better, safe working conditions. They were murdered by henchmen, working for Henry Ford and other industrialists, making millions off the backs of the lowly.

Unions created the middle class. We have all benefitted from their efforts. Why would a corporation pay someone a fair wage, if there was no bargaining? Out of the goodness of their heart is extremely unlikely.

A look at what happened to Ms. Flower is appropriate. Her situation was worsened, because she was a non-unionized "white-collar" worker. She served LPS admirably for several years. Yet, she was tossed out on a limb by LPS. She was unprotected and an at-will employee--and she suffered for her efforts to speak out.

The question remains: Did LPS provide a pre-employment questionnaire to determine a suitable person for this type of sensitive bus parapro job? Did LPS provide guidelines for a bus parapro's job duties and expected behavior?

I don't know. I suspect it will come out in the civil case.

Krome on Cars

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LPS Reformer
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The schools exist to educate, not employ.
Mr. Spence did an awesome job of bringing the abuse to 2 mentally and physically impaired girls to the public's attention.
“Child Abuse” means different things to different people....
----Randy Liepa 8/9/12
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Sage
anonymous
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Don't know if this is the right place to encourage Roger, Roger, Roger...please run!
Edited by Sage, Jun 24 2012, 06:49 PM.
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LPS Reformer
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The schools exist to educate, not employ.
Sage
Jun 24 2012, 06:42 PM
Don't know if this is the right place to encourage Roger, Roger, Roger...please run!
Looks like a good enough place for me. ;)

Run Roger Run!
“Child Abuse” means different things to different people....
----Randy Liepa 8/9/12
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LPS Reformer
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The schools exist to educate, not employ.
Posted Image
“Child Abuse” means different things to different people....
----Randy Liepa 8/9/12
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srj900
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What does Mr. Spence have to say about this?
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LPS Reformer
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Hopefully, Yes. ;)
“Child Abuse” means different things to different people....
----Randy Liepa 8/9/12
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Born on the Fourth of July
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Does Mr. Spence still have children in the district?
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