Letter to Superintendent Cuneo and Principal Pedroza about Mr. Ari Marken, Santa Monica HS teacher

November 2010

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Dear Superintendent Cuneo and Principal Pedroza,

We have learned that on December 4, 2008, the SMMUSD found that Mr. Ari Marken, math teacher at Santa Monica High School, sexually harassed a thirteen-year-old student in one of his classes, in violation of SMMUSD policy 5145.7 (see the enclosed letter from Asst. Superintendent Mike Matthews).  He was placed on leave for five weeks while the investigation took place.  We are also aware that Mr. Marken was placed on leave again in December 2009 while the SMMUSD investigated him for improper electronic communications with present and former students.  We are aware that Mr. Marken did not return for the entire 2009-2010 school year, and resumed teaching at Santa Monica High School in September 2010.  For more information about this case, please see the web page http://chwe.net/safety/marken.

In the interest of the safety of our own children and all Santa Monica High School and SMMUSD students, we would appreciate it very much if you could answer the following questions as factually and directly as possible.

1.  After the SMMUSD determined on December 4, 2008 that Mr. Marken had sexually harassed one of his students, a thirteen-year-old girl, Mr. Marken was back teaching on December 8, 2008.  What disciplinary actions did Mr. Marken receive due to his violation of SMMUSD policy 5145.7

2.  Why was Mr. Marken placed on leave for six months during the 2009-2010 school year?  Did Mr. Marken violate a SMMUSD policy?  What was Mr. Marken investigated for during this period?  Was this long absence necessitated by a long investigation or was it in part a disciplinary action?

3.  On February 18, 2010, the SMMUSD adopted a new policy 4119.26, prohibiting "any type of sexual relationship, sexual contact, or sexually- nuanced behavior between a school employee and an enrolled student without regard to the student's age.  This includes internet chat rooms, social networking sites such as "Facebook" or similar web sites, cell phones, and all other forms of electronic or other types of communication."  Why was this policy adopted at that date?  Was the adoption of this policy related to the investigation of Mr. Marken which began in December 2009?

4.  Given that Mr. Marken was placed on leave twice for improper actions toward students, on what basis does the SMMUSD conclude that his presence in the classroom is not a danger to current students?

5.  What additional actions, if any (for example, other teachers monitoring his classroom behavior), is the SMMUSD taking in order to ensure the safety of Mr. Marken's students?

6.  Is Mr. Marken currently restricted from certain kinds of interactions with students (for example, one-on-one meetings, electronic communication)?

7.  Are there other teachers at Santa Monica High School who have been found by the district to have violated its own sexual harassment policy
5145.7 or its non-fraternization policy 4119.26?

8.  When a SMMUSD teacher is found guilty of sexually harassing a student, how can parents find out about it so that they can make the best decisions to safeguard their children?

9.  Are students in Mr. Marken's classes, as well as other SMMUSD students, given training on how to recognize the signs of sexual harassment, report them to district officials, and thereby protect their own safety?

10.  Will Santa Monica High School allow children in Mr. Marken's classes to enroll instead in math classes taught by other teachers, because of his record of sexual harassment and misconduct toward students?  How many students have been allowed to pull out of Mr. Marken's classes for this reason?

11.  According to SMMUSD policy
5145.7, the Superintendent is required by October 31 of each year to report to the public the number of reported student and employee sexual harassment complaints during the previous school year.  How many students complained about being sexually harassed by SMMUSD personnel during the 2009-2010 school year, the 2008-2009 school year, and the 2007-2008 school year?

12.  In the SMMUSD, how many times can a teacher violate district policies on sexual harassment and improper fraternization with students (policies
5145.7 and 4119.26) before the teacher is assigned to a position which does not involve student contact?  For example, is it possible that a teacher could sexually harass two students and still remain in the classroom?

13.  In matters of child safety, it is essential that parents be able to communicate with and support each other.  Should the SMMUSD ask parents to destroy emails from other parents and their representatives?  Should the SMMUSD try to restrict communication among parents?

14.  Is the circulation of Asst. Superintendent Matthews's enclosed December 4, 2008 letter, which is official SMMUSD correspondence and presumably accurate, slanderous?

Thank you very much.  We hope that in answering our questions, the SMMUSD will demonstrate its commitment to child safety and open and respectful communication with parents.  Given the seriousness of the situation, we would appreciate specific answers, not blanket assurances.

Sincerely yours,

The Undersigned

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Letter from Asst. Superintendent Mike Matthews, December 4, 2008