STEVE ISRAEL: How has Newburgh district handled work-related sexual harassment charges?

This is what a former high school English teacher and a former elementary school principal, both women, say their then-boss, a man, allegedly did to them at a bar during an educational conference in San Diego:

Then-teacher Elizabeth Walsh says former Newburgh schools’ superintendent Roberto Padilla rubbed his knee against her knee.

He wrapped his arms around her body in a big, long hug.

Steve Israel
Steve Israel

He narrated “a little radio show” about an affectionate-acting couple who sat across from them, speculating whether the guy would “get lucky” that night.

After an uncomfortable Walsh got up to avoid her boss, Padilla allegedly turned his attention to the then-principal, Una Miller.

Sitting on a couch directly across from Miller - whose legs were crossed at the knee – she says he inched forward and rubbed his foot against hers. Then he kicked her foot to make her legs uncross, which made Miller push herself as far back on the couch as possible.

When Miller went to the bathroom on this August 2021 night – after her boss had moved to the bar – she says Padilla grabbed her wrist as she walked past. Then he pulled her to him so his body touched hers.

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Miller was so “skeeved” that the next morning she texted a friend: “My boss is a Cuomo…” referring to the former New York governor who resigned after female staffers accused him of sexual harassment.

All of these alleged actions are according to a lawsuit Walsh and Miller just filed against former superintendent Padilla, the Newburgh school district and the district’s board of education.

Newburgh Free Academy in Newburgh, NY, on Friday, Dec. 17, 2021.
Newburgh Free Academy in Newburgh, NY, on Friday, Dec. 17, 2021.

What happened after the two women separately complained to the district?

Padilla, who denies the allegations, got a “leave of absence” settlement that could amount to more than $500,000 for nearly two years of his full salary and benefits – after which he agreed to resign. The teacher and principal quit their jobs - after teacher Walsh was assigned two more classes than the prior year and had to teach in five different classrooms. Principal Miller resigned after an extended illness and stress from the incident.

What makes this sad situation even more appalling is that, according to the lawsuit, the district’s own investigations seemed to validate the women’s claims.

A month after the alleged incidents, Principal Miller received an email from investigator Louis Patack that said: “… Dr. Padilla sexually harassed Una Miller in violation of the New York State Human Rights Law…” and may have also violated the district’s sexual harassment policy.

Although Walsh has yet to receive the results of a separate investigation, her sworn lawsuit claims she was told by the Orange County district Attorney that the investigation found “…Padilla had sexually harassed” her “under applicable laws.” That conclusion was apparently echoed when a board member publicly read a portion of the investigator’s report that said “… it appears that Dr. Padilla’s actions also violate Title IX” (in which sexual harassment is defined and prohibited.)

Yet despite the apparent results of the investigations – which had previously only been released with so many redactions as to obscure the results – the district issued a statement that seems to be more about legal liability than damage to real lives: “… there have been no adjudications (legal agreements) between the district and Dr. Padilla with a determination that he is guilty of any misconduct…Dr. Padilla denied the allegations…and several witnesses who were interviewed expressed their views that no wrongdoing occurred. It is undisputed that the allegations would not constitute the elements of any crime and the allegations might not constitute sufficient grounds to set aside Dr. Padilla’s employment contract.”

This is where this sad situation stands:

Padilla can walk away with salary and benefits worth more than $500,000.

The former teacher and principal resigned from their positions, albeit under duress.

And the Newburgh Board of Education has yet to fully explain its actions to the people to whom it is accountable – district taxpayers.

Is this the example the district wants to set for its students – that you may get away with this allegedly bad, perhaps illegal, behavior?

Is this what the board members would want to happen to their daughters or wives, mothers or sisters?

The Newburgh school board should release the full results of its investigations. And it should explain why it seems to care more about the alleged abuser than the allegedly abused.

Email: steveisrael53@outlook.com

This article originally appeared on Times Herald-Record: 2 Newburgh educators quit, the person they complained about got a deal