102006 Vicky not to blame

"We believe Vicki is a scapegoat of superintendent Debra Jackson," said attorney Paul Derkasch, of the termination of his client, ex-principal Victoria Graboski of the Bedford Hills Elementary School. Ms. Graboski was terminated by the Bedford Central School District on Wednesday, Oct. 11, by a unanimous vote. Ms. Graboski is in the center of the firestorm following her arrest by the Bedford police on Sept. 1 for failure to report a suspected case of child abuse/maltreatment, a violation of social services law.

Ms. Graboski's arrest followed allegations that on or about Dec. 21, 2005, she had allegedly received information from a parent of a student at the elementary school about suspected child abuse of another student. Her arrest followed an ongoing investigation into the.sexual abuse of the 9-year-old victim, a Bedford Hills girl. The suspect, Cesar Joel Sagastume-Morales, is still at large. Ms. Graboski was placed on administrative leave on Aug. 29, with pay.

As a result of the ongoing investigation and the recommendation of the superintendent, Ms. Graboski was relieved of her duties, announced Bedford Central School Board president Brad Sacks last week. He said that the district was acting upon superintendent Debra Jackson's recommendation that the action be taken.

Mr. Derkasch, of the Empire State Supervisors and Administrators Association, who is Ms. Graboski's civil attorney, alleges that Dr. Jackson rebuffed Ms. Graboski's request for policies pertaining to mandatory reporting following her arrest Vicki asked Sr. Jackson for a copy of the district's policies, requirements, and instruments on dealing with allegations of child_, abuse. Dr. Jackson refused via e-mail to provide Vicki with them.

Mr. Derkasch said that following the arrest of Ms. Graboski more attempts are being made to instruct Bedford educators. "Following, the arrest, Dr. Jackson now has a professional come to the district and con-duct a seminar for educators," he said. "This is something the superintendent is required to do on an ongoing basis. From what I know, they haven't had mandatory reporting seminars."

"My client received a rumor of alleged abuse of the 9-year-old girl and immediately commenced an investigation," said Mr. Derkasch., "Once concluded, Vicki did not feel the allegation was credible and substantiated by rumor."

Ms.. Graboski, a probationary principal, will he terminated effective Nov 10. She will continue to be paid through Nov. 10. "Yes, Vicki.is probationary and can be terminated for any action," said Mr. Derkasch. "The board relied on their right to terminate."

When asked whether a lawsuit would be filed for wrongful termination, Mr. Derkasch said that there is no litigation to claim, as she was an probationary employee.

When asked what the future held for ex-principal Graboski, Mr. Derkasch said that she would like to return to the district as a teacher. "In fact, she's expecting it. She loves the children and fellow teachers she's worked with over the years," said Mr. Derkasch.

If Ms. Graboski is not rehired as a teacher, "I'll have to presume litigation," said Mr. Derkasch.

Ms. Graboski's criminal attorney, Keith McMillan, is expected in Bedford Town Court to file a motion to dismiss the criminal case against her. Once the motion is filed and reviewed,. the Bedford Town Justice will render a decision.