Two New Charges Filed Against Hommocks Teacher

by Judy Silberstein

(May 11, 2006) Omar Rodriguez, the Hommocks music teacher suspended from classroom duties since early April, was arraigned on two new counts of child endangerment in the Town of Mamaroneck on Monday, May 8. This adds to the six counts of child endangerment already brought by Mamaroneck Town on April 7 and the one charge of statutory rape involving a Connecticut teen brought by Mamaroneck Village against Mr. Rodriguez on April 10. (See: Hommocks Teacher Charged With Child Endangerment and Hommocks Teacher Now Charged With Statutory Rape.)

According to Mamaroneck Town police accounts and court records received April 10 and May 8, all eight children appear to be girls between ages 11 and 14. All counts involve allegations that the defendant forcibly pulled or attempted to pull the victim onto his lap on multiple occasions (ranging from two to over fifty) and to tickle her stomach, back, torso, and/or thigh. One count alleges the defendant “did touch the side of her breasts.” The allegations relate to events going back as far as September 2003 in one case and January 2004 in another; all other allegations go back to before November 2005.

“There are no charges of sexual abuse of any Mamaroneck children,” noted Andrew Rubin, Mr. Rodriguez’ attorney, when reached for comment. Mr. Rodriguez was released from the Westchester County Jail on bail on April 24, and is now scheduled to return for court dates in Mamaroneck Town and Mamaroneck Village during July.

Timing of the Investigation

Police have declined to discuss when they initiated their investigations; a request to police under the Freedom of Information Law was denied. At a parent meeting on May 3, Superintendent Dr. Paul Fried described a two-day investigation on April 5 and 6 that led to Mr. Rodriguez being reassigned to home; however, in response to further questions, he said, “I can’t discuss timetables.” (See: District Holds Parent Meeting on Arrested Teacher.) Asked this week about whether separate administrative actions have been initiated against Mr. Rodriguez by the schools, spokesperson Joan Rosen said, “That is a personnel issue and therefore we cannot comment on it.”

The issue of timing has been raised by Paul Noto, a local attorney and parent of a Hommocks student, who is representing three families with children alleging they were inappropriately touched. He told the Gazette that one family complained about Mr. Rodriguez to the Hommocks principal, Dr. Seth Weitzman, in November of 2005. Mr. Noto said the incident involved the child being tickled, pulled on the teacher’s lap, and locked in a room with him.

According to Mr. Noto, he was told by an employee of the district that school administrators, including Rosemarie Coletti, the Assistant Superintendent for Personnel, met with Mr. Rodriguez in November, December and January, and that Ms. Coletti issued a subsequent report. “This report acknowledges that Mr. Rodriguez’ behavior was a problem in the school, and I believe it laid out recommendations that - I assume - were not followed,” said Mr. Noto.

It was not possible to get comment from the district on the report – or even on the existence of the report. “ A report about an investigation of a particular teacher's behavior is a personnel matter and therefore would not be subject to FOIL [Freedom of Information Law] disclosure,” said Ms. Rosen.

However, she was able to say, “ When an investigation reveals information that causes us to have ‘reasonable suspicion of child abuse in the educational setting’ we have a responsibility to take action, which we did in the case of Mr. Omar Rodriguez.”

Parents will be receiving a letter in the next few days from Dr. Weitzman summarizing information from the May 3 parents meeting and outlining advice from Dr. Mark Levy of the Mamaroneck Community Counseling Center on how to discuss the recent incidents and similar situations with children.

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