"Just making sure their instruments were right size" defence succeeds; ex-violin teacher acquitted of measuring girl students' bare breasts;

It's been a while since our legal beagle, Agent 3, sent us a good story, but today we have a titillating tale from the courts of Ontario, Canada. Crown prosecutors will ask the Ontario Court of Appeal tomorrow to overturn a lower court judge's finding that Claude Trachy, of Chatham ON, a former violin teacher, did not act "with a sexual purpose" when he measured more than 20 of his teen students' bare breasts while fitting them for shoulder rests. Rather, the trial judge found, M Trachy (not pictured) believed it was necessary to properly equip the students.

The Crown is now asking the appellate court to convict the ex-teacher on some of the charges, or at least order a new trial on all of them. In its appeal documents, filed today, the Crown says the complainants, who are now adults, testified they were asked to remove their shirt and bra on the left side so that Trachy could measure them from collarbone to nipple. They testified he touched their breast during this process and often would then have them play with their left breast exposed. Four complainants also alleged he took a plastic mould of their left breast.

M Trachy took the stand in his own defence, and swore he did indeed ask the girls to undo their blouses so he could measure them, but maintained he derived no sexual gratification from it. He also denied cupping or rubbing any of the complainants' breasts, as some of them alleged.

In its factum, the Crown notes that "no boys, notwithstanding their growth, size or shape, were touched in this fashion." Neither was M Trachy's daughter, who also played violin. It also says the perfesser didn't have a formula for how the measurement translated into shoulder rest adjustment, and had no rationale for how often the girls needed to be assessed.

The Crown alleges the trial judge made a number of errors, including oversimplified the allegations to focus exclusively on whether the accused acted with a sexual purpose. Prosecutors say sexual intention is only a necessary element of some of the charges, such as sexual interference, but does not need to be proven for others, such as sexual assault, which only requires that the touching be of a sexual nature. They argue as well that the trial judge failed to properly consider the evidence of an expert witness, who testified there was no justification for touching the students' breasts as part of a fitting, nor was it a known or documented practice.

As might be expected, counsel for the defence take the position that the appeal has no legal basis and the Crown is simply seeking a do-over of the trial. "Though framed in terms of legal error," their factum says, "the Crown's appeal amounts to a thinly disguised claim of 'unreasonable acquittal', a ground of appeal that does not exist in Canadian law." Their written submission continues, "Focusing primarily on the respondent's purpose for the touching was in no way improper because, in these circumstances, this was going to be the crucial issue determining proof of guilt."

Agent 3 discounts as an "inside joke" the rumour in legal circles that Donald Trump, Slick Willy Clinton and Creepy Joe Biden are seeking intervenor status in the case.

Black, Hispanic school teachers fail NY literacy test

First the facts. In academic year 2013-14, New York State introduced four assessments meant to raise the level of elementary and secondary school teaching in the state. One of them was the Academic Literacy Skills Test (ALST), which evaluates the reading and writing skills of people trying to become teachers. The idea is to weed out aspiring teachers who aren't strong students. Sounds sensible, doesn't it?

Now the problem. A December 2016 study by the National Council on Teacher Quality found that 44% of the teacher preparation programs it surveyed accepted students from the bottom half of their high school classes. The literacy test raised alarms from the beginning because just 46% per cent of Hispanic test takers and 41% of black test takers passed it on the first try, compared with 64% of white candidates. If this comes as a surprise to you, read "Educational achievement: race makes a difference", WWW 12/1/17.

Cue the usual suspects -- "anti-racists", SJWs, "progressive thinkers" and (of course) teachers unions -- who protest that the Academic Literacy Skills Test is redundant and a poor predictor of who will succeed as a teacher. Leslie Soodak is a professor education at Pace University, who served on the task force that examined New York's teacher certification tests. "We want high standards, without a doubt," says Prof Soodak, but "not every given test is going to get us there." Besides, "Having a white workforce really doesn't match our student body anymore."

On cue and on message, Kate Walsh, President of the National Council on Teacher Quality [sic], which claims to be promoting higher standards for teachers, said that blacks and Latinos don't score as well as whites on the literacy test because of factors like poverty and the "legacy of racism". Says Ms Walsh, "There’s not a test in the country that doesn't have disproportionate performance on the part of blacks and Latinos."

Since there's no difference between the intellectual capacity of the races, that means there's something wrong with the tests. Right? [Left? Ed.] As surely as the sun rises in the east, the solution proposed by the liberals is... wait for it... scrap the test! The New York Board of Regents is expected to adopt tomorrow the recommendation of the task force on which Prof Soodak served to eliminate the Academic Literacy Skills Test altogether.

The ALST consists of multiple-choice questions about a series of reading selections plus a written section. A practice test available for $20 on the New York State Education Department website features John F. Kennedy’s inaugural address as one of the reading passages and asks questions like: 'In which excerpt from the passage do Kennedy's word choices most clearly establish a tone of resolve?"

Ian Rosenblum, the executive director of the New York office of the Education Trust, a non-profit that advocates for high achievement for all students, called the literacy test "a 12th grade-level assessment", something a high school senior should be able to pass. But Pace University student Tabitha Colon took the test last year and failed to get a passing score. She likened it to the English portion of the SAT and said it was "pretty difficult". And, she added, she was thrown off by the fact that the test was given online, rather than on paper. "The format on the computer was a bit confusing."

Before you shed too many tears for Ms Colon, consider that she was still able to pass the ALST, thanks to a "safety net" provision that lets students demonstrate proficiency by submitting grades from a class -- grades given by teachers who may not themselves have passed the test. She is now working as a student teacher in Ossining NY -- not in the prison but in a middle school.

Worth viewing: "Latest Research on Race", video lecture by Professor Philippe Rushton, WWW 12/1/17.

A prospective teacher's earnest question

After being interviewed by the school administration, the prospective teacher said:

"Let me see if I've got this right. You want me to go into that room with all those kids, correct their disruptive behaviour, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

"You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self-esteem and personal pride. You want me to teach them patriotism and good citizenship, sportsmanship and fair play, how to balance a chequebook, and apply for a job.

"You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams. You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English or any other language, by letter, telephone, newsletter, and report card.

"You want me to do all this with a piece of chalk, a blackboard, a bulletin board, a few books, a big smile, and a starting salary that qualifies me for food stamps.

"You want me to do all this, and then you tell me... I CAN'T PRAY?!"

Pedophile "educator" gets what's coming to him, but his influence lingers

Walt was pleased to hear from Agent 3, a few minutes ago, that Dr. Benjamin Levin -- the Ontario "educator" who was convicted of three kiddy porn offences (out of seven with which he was originally charged) -- has been handed a sentence of three (3) years in the federal rock hockey arena.

Those who don't remember Dr. Levin did can catch up by reading "Lesbian premier of Ontario pretends not to notice as pervert who drafted new sex ed curriculum pleads guilty to kiddy porn charges" and "Pervert responsible for Ontario sex ed curriculum claimed he had sex with pre-teen daughters, court hears".

In that second headline is the reason why every Ontario parent should be concerned. Dr. Levin may be on his way to prison, but his philosophy on sex and morality -- "you can't get children into sex too soon!" -- pervades Ontario's new pro-queer sex education curriculum, which he had a hand in drafting while he was the province's deputy education minister.

Lest you think I'm being unfair in characterizing the good doctor's attitude to kids and sex as immoral and perverted, consider what he admitted to and was punished for: possession of child porn (6 months), making child porn (12 months) and counselling to commit sexual assault (18 months).

During his trial, the court heard that Dr. Levin used to frequent online forums for the discussion of sexual activities with children. In some online conversations, he claimed to have sexually abused each of his daughters. And, while chatting with women posing as being interested in sexual activities with children, he counselled them to get their children started at as early an age if possible. Yes, even if it hurt.

In sentencing the old pervert, Judge Heather McArthur said, "Mr. Levin [sic] ...had a hidden dark side. Unbeknownst to his friends, colleagues and family, he had become deeply immersed in a deviant and depraved online world." She ruled that, for five years, Levin can't go to public parks, pools, daycares and schools unless he's supervised by someone over 21 years of age who knows of his conviction. His use of internet will be limited and he cannot work with children under 16 again. He was ordered to provide a sample of his DNA for the sex offender registry and will be registered for life.

Dr. Levin was arrested in July 2013 when a search warrant was executed at his Toronto home. At the time of his arrest, he was a faculty member at the Ontario Institute for Studies in Education at the University of Toronto. He previously served as Manitoba's deputy minister of education. He went on to serve as deputy education minister in Ontario and was in that position when Ontario's proudly lesbian premier, Kathleen Wynne, was Minister of Education.

No matter how much Ms Lynne may dissemble, the fact is that Dr. Levin was instrumental in the drafting of Ontario's new sex education curriculum. His influence can be seen clearly in the inclusion of material which is inappropriate for elementary school children, having regard to their age -- teaching about genitalia as the age of six -- or their families' ideas of sexual morality -- teaching about oral and anal sex, for instance.

Toronto Sun columnist Joe Warmington has called for an enquiry into Dr. Levin's role in putting all the immoral, pro-queer material into the new curriculum being forced into Ontario schools in spite of growing protests by tens of thousands of concerned parents. See "Liberals can't deny Levin's role with sex-ed curriculum".

Is Ms Wynne or Minister Lez Sandals likely to call such an enquiry? Walt doesn't think so. (Lifetime pct .936.) However... Agent 3 notes that the Liberal government's complete mismanagement of the education portfolio has led to strikes by teachers in three large school districts. Back-to-work legislation was passed yesterday, but the teachers are now going to "work to rule".

That means they won't be attending training sessions on the new curriculum. Agent 3 thinks that might well provide a fig leaf with which Mizzes Wynne and Sandals can cover a strategic "postponement" of the introduction of the curriculum, which, like Dr. Levin, deserves the soubriquet "deviant and depraved".

"Bless you!" - not in Calilfornia!

Quick now. What do you say, without even thinking, when someone sneezes? "God bless you!" Right? No. Not right -- that is, not politically correct -- in Steve Cuckovich's classroom in Vacaville CA.

The teacher has banned his students at Will C. Woods High School from saying "bless you" -- even if God's name isn't invoked --when someone lets one rip. [You need to make it clear you're talking about a sneeze! Ed.] He has gone so far as to lower students' grades if they let a blessing slip past their lips.

And get this. Mr. Kookovich says it has nothing to do with the political correctness plaguing California even more than the rest of the once-Christian country. Here's how he explains himself.


OK, so he's a wingnut. California is full of them. There's a nation-wide network of ultra-PC teachers. [Are you talking about teachers unions? Ed.] And Mr. Cuckovich has since been forced to lift his policy. So who cares?

Well... let's not forget that, while banning "bless you" is certainly a bit extreme, "public" schools in North America and Europe have been forced to phase out religious -- read "Christian" -- artifacts and dress for years now.

France, having banned Christian symbols from its state schools over two centuries ago, outlawed Islamic headscarves and other religious symbols from in 2004. In 2009, the European Court of Human Rights ordered Italy to remove all crucifixes from schools. (Italy appealed and won, so the crucifix remains, much to the dismay of the secular humanists.)

In 2002, New York prohibited Nativity scenes from its public school system, while an Ottawa school gained notoriety in 2007 for dropping the word "Christmas" from a rendition of "Silver Bells".

The campaign of the liberals and "progressive thinkers" -- exemplified by Teacher Kookovich -- continues. If this kind of thing outrages you, do what the parents of Vacaville did. Say something! Don't hold your tongue when people are being punished for expressing even a mild belief in the existence of God.