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Hernando Today

Bingham's back

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By LINNEA BROWN

Published: January 9, 2008

BROOKSVILLE - BROOKSVILLE - He's back.
Shawn Bingham, the popular Hernando High School teacher and assistant football coach who has been out of work since September after a student accused him of taking $75 out of a wallet, will return to work this month.
"Thank God," he said. "This has been a trying ordeal for me and my family, but we've prayed together every night, and I'm happy to be getting my (life) back."
Under a settlement agreement reached Wednesday in place of a hearing, he will get his job back — but must accept two months without pay.
Bingham, 37, who has worked at Hernando High for five years, will lose about $7,500 from his $35,600-per-year salary, including additional supplemental income he would have received from coaching and working in the cafeteria during lunchtime.
"It hurts that I still have to pay, but hopefully I can still get my assistant track (coaching position) back," he said.
The incident occurred Sept. 17 during a physical education class. Security footage retrieved from a video camera in the school's gym shows Bingham picking up a wallet off a bleacher, walking away from the bench and returning the wallet upon his return.
But Bingham — who was suspended with pay in September and without pay in October — maintained he was merely doing his job and returned the empty wallet because it did not have any identification in it.
"Hopefully, this will remind people in the community to be more careful, because you never know what can happen," he said. "I'm thankful I had the union's support."
The terms of Wednesday's settlement maintain that Bingham did not steal money out of the wallet, but violated district policy by not taking the wallet to the front office.
Clearwater-based attorney Mark Herdman, who represented Bingham on behalf of the Hernando Classroom Teachers' Association, said reaching a settlement was the safest choice, due in part to the existence of the security footage that shows Bingham putting the wallet down, Herdman said.
"What I look for (in cases like this) is for a way for teachers to continue to teach for as long as they choose to, so sometimes you have to make deals," he said.
However, the footage was not a streaming video, but instead a series of fuzzy snapshots taken from a distance. It also shows the student retrieving the wallet, looking in it and returning it to his pocket without turning around to look for the money — as well as a questionable appearance by another student.
HCTA president Joe Vitalo called the settlement a "reverse wallet decision," because while Bingham could have continued to fight the allegations, he couldn't afford to go another two months without pay.
"He's tapped out," he said.
If the two sides had opted to continue with the hearing, it could have taken an additional 60 days to get through the process.
A Brooksville resident, Bingham's suspension meant he was technically still a school district employee, but was not allowed to go to work.
"Christmas was really hard for us this year," Bingham said, estimating that the family pays about $3,500 in monthly bills, including a mortgage.
He and his family have been surviving on one income: his wife's, who is director of YMCA childcare at Brooksville Elementary.
"My wife has carried everything on her shoulders, and has she kept me grounded through all of this. She is truly a blessing," Bingham said.
While he has enjoyed spending time with his 4-year-old son, the suspension also prevented him from attending all of his 13-year-old daughter's school-related events at Parrott Middle School. That has meant all of her volleyball and basketball games, as well as a recent honor roll celebration.
"My daughter is happy. Now I can go to her 'smarty parties,'" he said, using the student nickname for incentive celebrations.
In October, Hernando County School Board members voted to follow Superintendent Wayne Alexander's recommendation to continue the suspension without pay and forward the case to Florida's Division of Administrative Hearings.
School board attorney Paul Carland said the district was never prosecuting Bingham for a crime — only for inappropriate conduct and violation of policies.
When asked why the settlement offer of two months, Carland deferred to Alexander.
"That's what (he) thought was appropriate, and I support his position," he said.
The district is now responsible for the remainder of Bingham's back pay, as well as paying for the long-term substitute who has been teaching his physical education classes in his absence.
The long-term substitute has most likely had her hands full in Bingham's absence. Since physical education class is not affected by the class-size amendment, some of his classes have more than 40 students, he said.
"I've got some tough classes. It's probably been hard for a new teacher coming in," he said.
Bingham was one of two defensive coordinators for the school's football team.
By law, the school board can fire or suspend any teacher without pay and benefits, though the teacher has the right to request a hearing, which is what Bingham did.
If he had not requested a hearing, he would have been forced to accept the superintendent's recommendation for termination and his silence would have meant he admitted the charges in the petition were true.
Vitalo called Bingham's willingness to settle a "sign of a true teacher."
"Shawn was looking out for the student because he knew the hearing could turn public and potentially be damaging," he said. "We're adults and we can take it because we know our students and colleagues know the truth — but for a kid just starting out in life, that's tough. No teacher wants to put a student through that."
Throughout the suspension, Bingham said he received tremendous support from his students and colleagues. Students even published an article in the school's newspaper in December, wishing him a quick return.
"I know there were some negative things said, but the majority were positive — and I feel a great amount of (gratitude) toward my students," he said. "I'm just glad this is over, because I'm ready to get back behind a desk again and see my peers."
The settlement is expected to gain clearance from the school board on Jan. 15 or Jan. 22, after which Bingham may return to work.

Reporter Linnea Brown can be reached at 352-544-5289 or lbrown@hernandotoday.com.

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