New York State Education Department Part 83 Hearing

1. New York State • Education Department • Part 83 Hearing • In the Matter of Certificate held by James F. Murray • A Case Study • 1. 8 NYCRR §83 / OSPRA overview • Part 83 case, James F. Murray overview • Reluctant witness • Educator sexual grooming - use position as teacher to manipulate a student into an inappropriate relationship • Nuts and Bolts of Investigation: • i. e-mails • ii. credit card • iii. telephone records

3. GROOMING Dr. Charole Shakeshaft, Professor and Chairperson of the Department of Educational Leadership at Virginia Commonwealth University and author of a congressionally mandated study titled, Educator Sexual Misconduct: A Synthesis of Existing Literature 2004 Educator sexual grooming, Dr. Shakeshaft explains, is a process whereby an educator selects a student, gives the student attention and rewards, provides the student with support and understanding, all the while slowly increasing the amount of touch or other inappropriate behavior. The purpose of grooming is to test the child’s ability to maintain secrecy, to desensitize the child through progressive inappropriate behaviors, to provide the child with experiences that are valuable and that the child won’t want to lose, to learn information that will discredit the child, and to gain approval from parents. Grooming often takes place in the context of providing a child with extras like additional help with sports or with learning a musical instrument, advisement on a science project, or opportunities for camping and outdoor activity. These opportunities not only create a special relationship with students, they are also ones for which parents are usually appreciative. Most such manipulators work very hard to keep their victims from telling others. This is not as hard for the perpetrator to accomplish as it may seem. For one thing, children who are being manipulated are the last ones to know, also children who are engaging in sexual contact with teachers often don't recognize what is happening as abuse. In many cases, says the report, they are told that what is happening is love. Many abusers of children at all ages couch what they are doing to the children as love, both romantic and parental." Other techniques for keeping children quiet, says Shakeshaft, are intimidation and threats (if you tell, I’ll fail you), exploiting the power structure (if you tell, no one will believe you) and manipulating the child’s affections (if you tell, I’ll get in trouble; if you tell, I won’t be able to be your friend anymore). Since kids typically get something out of the relationship – everything from attention and gifts to physical pleasure and a feeling of belonging – they can easily be made to feel responsible, something offenders use to their advantage.

4. Examples of Educator Grooming Cards; Letters; Notes Gifts; Stuffed animals; candles; handmade Money, credit card Teachers chair, desk, closet Telephone/cell phone card/minutes, text, TracPhone Late night calls, during school hours, outgoing vs incoming Computer contact, e-mail; IM; My Space; Twitter Visits to house, apartment Rides, car, stickshift, driving lessons, socializing outside of school Private lessons, babysit; paid?, barter? Classroom, alone, extra help, sit at teacher desk, free time in office or classroom Private discussions; feelings; boyfriends; parents; wife/sex, troubled marriage Mall; clothes; chocolate; perfume; shoes, jewelry Meals, restaurant, movie; drive-in, picnic, boat; beach; amusement park Visiting student at her job, invitations to teacher’s home Alcohol; bars “friends” with parents, big brother relationship, like an Uncle Locker combination Hanging out, special relationship, extra attention without educational reason Confidant, counselor, mentor, father figure, boyfriend advisor Hall passes, copying, grading, helping, office, closed doors, helper Music; CD’s; special songs Jokes, off-color humor Graduation gift, sign yearbook Nicknames Photographs Physical contact; touch; games; massage, tickle Hugs, gentle touching, questionable/accidental physical contact, hair twirling Soul mate; talk about anything; romantic private matters discussions, wife, sex, troubles, flirting Dreams Convincing student that she is more mature, convince to be more grown-up Most beautiful, can’t resist her beauty Pedestal, make feel special, grades/awards not earned Isolate; friends, boyfriends, parents School trips, hotel Cemetery, hidden locations Secrecy, no one can know; could lose job, Destroy evidence, delete e-mails, throw away letters/notes, Talks bad about other teachers/administrators Partying exploits, drinking stories, selling self as someone to be admired Teacher of the Year, Charming, the cool teacher,

5. E-mails • i. Exhibit D-25 Frannie e-mail to Danielle 12/05 • ii. Comparison e-mails • Ex. D-43 JM e-mail to Karli 1-20-06 @ 2:30PM • --- x 1 • … x 8 • End sentence with … x 2, Use of commas • Use of LOL x 1 • Ex. D-45 JM e-mails to Michelle 9/06 to 10/06 @ 8:47am • --- x 3 • … x 12 • End sentence with … x 1, Use of LOL x 6, End sentence with …LOL x 4 • Ex. D-41cJM e-mail to Karli 6-6-07 @ 11:36am • --- /-- x 10 • … x 14 • End sentence with … x 1, Use of quotes, Use of commas • Ex. D-11d JM My Space to Erin 12-19-07 @ 9:01am • --- x 1 • … x 3 • Use of quotes, Use of commas

6. Attached Message From: XXXXXXX To: XXXXXX Subject: letter. Date: Wed, 14 Dec 2005 15:19:12 -0500 Danielle, There are so many things I want to say to you but I don’t know if they, are appropriate or if they matter anymore. The thought of you being with a boy here in school for me to watch, is really bothering me - - -sorry. There is so much I have not done for you - - - in all ways . . . Last night was the longest night in some time. I couldn’t eat sleep think . . . obviously I could cry . . . lol I will miss you, especially if things have to change . . . I just wanted to share some things with you so badly and I thought we were progressing. I can not believe I love you like this . . . I know that is why it hurts so much. This is now twice in my life I found myself so attracted to and a heart full of love for a woman and unable to do anything about it. I apologize if I have ever put in a situation you weren’t comfortable with or I have said things to offend you. Hope you know I would never do anything to hurt you. I could go on forever . . . I am not ready to leave us - - - this situation "big sigh" . . . Love Frannie PS I hope you still think about the offer . . . lol

17. b. Credit Card

28. c.Telephone Records