Former Yamhill teacher arrested
Apr 4, 2012 | 22 Comments
News-Register Staff
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Comments
This is the real definition under the law:
"The definition of harassment is physical or verbal hostility toward someone with legally protected status"
Troy Prouty*
Kudos to the school counselor who didn't sit on the complaint, curious what his plea will be, curious what deal will be cut.
The police were very specific in this case in alleging "physical harassment." The relevant passage in ORS states:
"A person commits the crime of harassment if the person intentionally: (a) Harasses or annoys another person by: (A) Subjecting such other person to offensive physical contact."
The crime is normally a Class B misdemeanor, but escalates to a Class A misdemeanor under the following circumstances:
"If a person violates: (a) Subsection (1)(a)(A) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person/"
Class B is being alleged here, suggesting the contact, while physical in nature, was not sexual in nature.
Steve Bagwell, Managing Editor
What does the Army have to do with it, do you think someone is more protected cause they serve. The law is the law no matter who or what organization one might belong to.
Hince "Harrassment� is legally defined as �offensive physical contact without injury"
Vs..
"The definition of harassment is physical or verbal hostility toward someone with legally protected status"
That's because you took which part he is being charged with of the harrassment, I didn't know that by how it was worded in the article and thought you meant the whole definition.
Troy Prouty*
They were pretty egregious. I think everyone in the community would consider them unacceptable, and that goes double at the middle school level.
We will characterize them more fully in Saturday's print edition.
Steve Bagwell, Managing Editor
News Register, you have now permanently stained this mans character without any knowledge of whether he actually did something wrong or not. That's not fair!
The up to $1,000 fine seems kinda low, something wrong there. I've seen posted 'up to' fines higher than that for littering.
We often hear variations of that sentiment, so let's follow the line of thought:
First, the idea of making it "illegal to publish" is an argument for totalitarian rule. Let's then make it illegal to write something in a letter or illegal to orate in a public square. Let's toss the First Amendment. That's an exaggeration, perhaps, but the idea of making speech illegal is not something to throw about idly.
Setting aside the legality of things, consider a self-imposed policy by newspapers and other media to withhold reports of alleged crimes and civil wrongs until the cases are proven.
On the one hand, a huge number of guilty people would remain anonymous to the public until guilt is "proven," or not, after months or even years of trials and appeals.
On the other hand, people wrongfully arrested and/or jailed would be anonymous to all who might come forward with evidence or support.
It's a natural reaction for people to think it's wrong to report arrests when we have a system of "innocent until proven guilty." We often talk internally about the issues related to that debate, and each time we conclude that publishing the justice system public record and reporting on its nuances is preferable to keeping it all secret "until proven."
Jeb Bladine
News-Register
Your logic is sound. But my comments didn't spring from logic, they were based on emotion.
As a teen I was accused of a crime I didn't commit. Eventually, after months of stress, fear and emotional pain the police dropped the whole matter due to a lack of evidence. But believe me it is an ugly ordeal that is hard to truly understand if you haven't lived through it.
I'll bet, that if you (or one of your family members) were ever accused of a crime that you didn't commit and had your picture published all over in the media, you might consider changing your mind too. Not based on logic, but on emotion.
If one stands up in the town square and makes slanderous statements about another is that not illegal? Perhaps it's not criminal, but I think the law would provide for civil redress to punish the offender.
I suppose newspapers are protected from civil suits because the article is carefully constructed with words like "alleged" and "has been charged." But the net effect on the reputation of the falsely accused is the same.
I know it's a dilemma either way, but I wish the newspaper would error on the side of mercy and respect for the accused.
I understand, and respect, that your original comment was an emotional response rather than a logical argument. We also know that people can be hurt by wrongful accusations.
However, we can't act as judge or jury by trying to determine guilt as a condition of reporting the actions taken by police and the courts. Instead, we have policies that include reporting most arrests and writing stories about high profile criminal activity, with greater attention given to cases involving people in positions of public trust.
Those reports have included members of my extended family, and members of the extended families of our employees. It's difficult and often draining to be in that position, but we apply the policies equally. Sorry for the time such policies may have done damage to you.
Jeb Bladine
News-Register