KY teacher disciplined for misconduct was hired in another district — then did it again
.png "Jason Earlywine had his Kentucky teaching license suspended for three years in October. He’s faced allegations of inappropriate conversations and conduct toward female students in two different school districts -- Paris Independent Schools and Jessamine County.")
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Investigation: ‘Alarming’ trend in why KY teachers lose licenses
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A Kentucky teacher who faced allegations of inappropriate conversations and conduct toward female students in two different school districts has had his license suspended by the state.
In October, state education leaders revoked Jason Earlywine’s teaching certificate for three years after the Jessamine County schools superintendent determined Earlywine made comments to students of a personal nature that made them uncomfortable and that he had hidden a suspension in another school district regarding inappropriate conduct.
It’s not the first time Earlywine’s actions ran afoul of education standards.
In August 2018, the Education Professional Standards Board (EPSB), which oversees teacher licenses in Kentucky, admonished Earlywine for poor professional judgment, placed him on probation for five years and required him to take ethics training stemming from earlier allegations of inappropriate behavior while working as a teacher at Paris Independent High School.
When Earlywine applied for a job at Jessamine County schools, he checked “no” when asked if he ever had received discipline that resulted in a suspension without pay, according to EPSB investigation records. Earlywine maintained in EPSB documents that the probation and re-training ordered by the EPSB and his suspension from the Paris Independent School district was not discipline.
Earlywine has vigorously denied the allegations.
”I have vehemently maintained my innocence,” Earlywine told the Herald-Leader. “Education has become an inhospitable place for many educators, as evidenced by the huge national shortage in educators. I am grateful for my time in education but ultimately resigned and pursued other avenues. I will continue to show grace and forgiveness in this situation the best I can.“
The Lexington Herald-Leader obtained Earlywine’s disciplinary records through an Open Records Act request.
From school district to school district
Earlywine is an example of a Kentucky educator who was hired by one school district — in this instance, Jessamine County — even though he had been disciplined at another school district — Paris Independent, where he was investigated for inappropriate behavior around students.
It’s not known how many teachers have been able to move from district to district after being investigated for sexual misconduct. Those type of records aren’t kept by any state agency.
Kentucky has some of the weakest laws in the country regarding teacher sexual misconduct, a Sept. 30 investigation by the Herald-Leader found. A five-year review of teacher revocations and suspensions by the EPSB showed the majority of teachers who have had licenses yanked or suspended was due to sexual misconduct, the investigation determined.
Other states have much more stringent laws regarding screening school employees for prior allegations of sexual misconduct.
In Pennsylvania, state law says educators must disclose if they have been investigated for prior sexual misconduct when they apply for jobs, even if the investigation does not result in disciplinary action. School districts that seek to hire teachers also must ask current and previous employers if an educator has been investigated and/or disciplined for sexual misconduct.
Kristin Edwards, a spokeswoman for the Pennsylvania Department of Education, said the 2014 law was enacted as part of a much broader set of changes to state laws regarding child sexual abuse and reporting of child sexual abuse.
“The Pennsylvania Department of Education is not of aware of any push back, and the law has not changed since 2014,” Edwards said.
No such law exists in Kentucky.
Toni Konz Tatman, a spokesperson for the Kentucky Department of Education, said Kentucky does not require “applicants to provide a statement disclosing any allegations, investigations, resignations or terminations for sexual abuse or misconduct with a student or minor. However, prospective employers may obtain this information under the Kentucky Open Records Act.”
A parent of one of the students Earlywine allegedly made repeated inappropriate comments to while at West Jessamine High School said they were angry and baffled Earlywine could still teach again.
“We were generally disgusted that anything short of a permanent revocation of his teaching certificate could even be possible for someone with now multiple events over a period spanning many years,” the parent said in an interview with the Herald-Leader.
The Herald-Leader does not identify victims of sexual harassment. The parent asked to remain anonymous to protect the identity of their child.
Two school districts, similar allegations
Earlywine first came to the attention of EPSB 11 years ago, when then-Paris Independent Superintendent Gary Wiseman sent the EPSB a letter in 2011 saying he had initially suspended Earlywine for up to 10 days while investigating allegations of inappropriate conduct with a student.
Earlywine was accused of communicating in phone calls and texts with a female student 1,753 times over the span of a year, according to the EPSB statement of charges. The statement of charges alleged he physically pinned and held a student against the wall, told inappropriate jokes and discussed sexual topics with students, and engaged in physical contact with a female student during school activities including holding hands.
Earlywine said in a 2012 written response to EPSB that he was not accused of a sexual offense, but of touching a student with his leg and making a sexual comment to her. He said he passed a polygraph and that the incident never took place.
According to court records in a 2020 civil lawsuit Earlywine filed against Paris Independent, Earlywine was indicted in 2012 on a charge of first-degree sexual abuse by a Bourbon County grand jury.
In 2015, then-Bourbon Circuit Judge Rob Johnson dismissed the charge against him and expunged it from his record, according to the 2020 civil lawsuit. That lawsuit said the judge told Earlywine he did not have to disclose the charge on an application for job, credit or other purpose.
Earlywine’s job was reinstated during the 2015-2016 year. Earlywine’s lawsuit against Paris Independent School district asks for back wages for the time he was suspended without pay. That case is still pending due to questions over jurisdictions.
According to EPSB records, after the initial investigation Earlywine was suspended for two and a half years in the 2012-2013, 2013-2014, and part of the 2014 -2015 school year. After he was reinstated, he was moved to an elementary school where he taught physical education until the 2018-2019 school year.
He applied for and was hired by Jessamine County schools as a high school health and physical education teacher prior to the start of the 2019 school year.
Inappropriate comments to students, lying to school officials
He allegedly started making inappropriate comments to teenage girls at West Jessamine High School just weeks into the new school year, documents in his EPSB file show.
Earlywine talked about the attractiveness of one student’s sister, calling her “hot” after seeing photos of her, according to an investigation conducted by school officials that was included in Earlywine’s EPSB file.
Multiple students said he asked a female student during lunch if she was wearing underwear under her tennis skirt. He also told students his dating range was between 19 and 39 years old and asked other students how old of a person they would date. Another student told school officials Earlywine said he told them what body parts he was most attracted to, the investigation found.
According to the Jessamine County school investigation, Earlywine denied making the comments to school administrators. Earlywine said he thought someone had discovered his previous but dismissed charges in Bourbon County and was trying to get him in trouble.
Earlywine received a private reprimand for the inappropriate comments in October 2019, documents showed.
But school officials had other concerns about Earlywine.
Earlywine was terminated in December 2019 for lying on his application about his prior suspension in Bourbon County and for claiming in emails to school officials he had a superintendent certification.
Jessamine County officials checked with the EPSB. Earlywine has never held a superintendent certification.
Earlywine also said in an email to West Jessamine High School leaders that he had served as a dean of discipline at Paris Independent School District from time to time. Jessamine officials called Paris Independent. Officials there said Earlywine had never served as a dean of discipline, according to an internal investigation by Jessamine County schools included in the EPSB documents.
He appealed the termination but ultimately agreed to resign in February 2020, according to EPSB records.
The parent of the student who reported the harassment by Earlywine while he was at West Jessamine High School in 2019 doesn’t understand how and why Jessamine County hired Earlywine. A Google search of Earlywine’s name shows media stories about his dismissed criminal charge.
Jessamine County schools did not respond to questions about why Earlywine was hired.
“Mr. Earlywine has not been employed with Jessamine County Schools since February 2020 and I am unable to comment about personnel disciplinary issues. Jessamine County Schools strives to provide the highest quality teachers and staff to serve our students and we take all matters involving employee conduct very seriously,” said Jessamine Superintendent Matt Moore.
Grant Chenoweth, a lawyer for the Paris Independent School District, said he could not comment on Earlywine’s suspension or the circumstances related to his employment.
The path back to the classroom
Before he can have his teacher license reinstated in three years, Earlywine has to show the board that he has completed six hours of training about appropriate student/teacher boundaries, according to EPSB records. That’s the same training he received in 2019 after being disciplined for communicating with a student more than 1,000 times and making inappropriate comments.
Moore, in a letter to the EPSB, recommended Earlywine’s teaching credentials be permanently suspended.
“We strongly believe, based on the experience we had with Mr. Earlywine in our district and his prior disciplinary record with Paris Independent School District, that Earlywine should never be permitted to teach again and any certificate that permits him to teach should be permanently revoked,” Moore wrote in the Dec. 1, 2020, letter to EPSB officials.
When asked why Earlywine’s certification was suspended and not revoked, EPSB officials said they were unable to comment about specific cases.
Tatman, a spokeswoman for the Department of Education, said all cases are based on unique facts and circumstances.
“The Education Professional Standards Board (EPSB) must consider and weigh these unique facts and circumstances when it determines disciplinary action for educator cases. This analysis includes consideration of whether or not the board is able to locate witnesses and other evidence corroborating all allegations against an educator,” she said.
At least one Kentucky superintendent said he hopes the state looks at all regulations and laws regarding teacher misconduct, including tougher screening protocols so school districts know about a teacher’s prior allegations of sexual misconduct.
“It perplexes me that we do not have strong enough laws to protect students from teachers and staff who are willing to cross the line,” said Fleming County Superintendent Brian Creasman. “I absolutely support any law that will keep students safe from adults who have a record of any sexual misconduct. The number of cases across the Commonwealth and nation is rising, when one incident is one too many.”
In March, Creasman, superintendent of the year in 2020, took the unusual step of publicly asking current and former students in Fleming County to come forward if they had knowledge of any inappropriate relationship between students and teachers after receiving a detailed report of an incident in his district.
“We need laws that prevent students from getting hurt and also deter any adult from entering the education profession who cannot determine right from wrong, especially if they think sexual misconduct is acceptable in public education or anywhere for that matter,” he said.
Jim Flynn, executive director of the Kentucky Association of School Superintendents, said members of that group believe safety is paramount to everything they do in schools.
“Consequently, we are open to any proposals that will enhance the safety and wellbeing of students, staff and visitors,” Flynn said.
This story was originally published December 2, 2022 at 9:40 AM.
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