Montville — Attorneys for high school Assistant Principal Tatiana Patten say a push to oust her for allegedly lying about when she learned of classroom slapboxing amounts to sexist scapegoating.

One of three administrators charged April 19 with failing to report classroom fighting allegedly refereed in the fall by former substitute Ryan Fish, Patten has been on paid leave since Jan. 2. Her labor attorney, Jim Parenteau, said arbitration hearings will begin May 31.

Superintendent Brian Levesque recommended Patten's firing in a March 20 letter, which The Day obtained through a Freedom of Information Act request. Levesque, Patten and Principal Jeffrey Theodoss face a charge of not reporting suspected abuse per the state's mandated reporter law.

Levesque in his letter claimed Patten learned of the classroom fighting before he did, "failed to act on it in a timely way" and "failed to adequately follow up" with a bullied student who hadn't attended school since November and was hospitalized for what police described as mental trauma.

Parenteau responded in a March 29 letter, also obtained by The Day, saying Patten felt "bullied and blindsided" during a Jan. 2 meeting in which Levesque allegedly accused her of lying.

"She did not lie, she acted in a timely and appropriate manner, and she followed the instructions of her superiors," Parenteau wrote. "Your accusation of misconduct by our client is nothing more than attempt to shift blame from you to our client, making her the scapegoat."

Parenteau said Patten disclosed the existence of fighting videos when police interviewed her in December "even though she was instructed by her superior not to say anything about the incident."

Patten told police in December that after Theodoss emailed her a video of classroom slapboxing in October, he sent her a text instructing "her not to say anything to anyone" while he tried to find out if the fighting could lead to Fish's arrest.

"Had it not been for Ms. Patten's disclosure to the police in December of 2017, there would not have been an investigation by DCF," Parenteau wrote.

Parenteau argued that Levesque threatened to fire Patten if she didn't resign within three days, then placed her on leave and "replaced her with a male employee ... a change that you had long desired." At the time, Athletic Director Phil Orbe filled in for Patten.

"This proposed termination will be revealed as a pre-textual firing mired in illegal gender discrimination," Parenteau wrote. "You and the principal were the first persons in the Montville Public Schools administration to receive tangible evidence regarding a potentially reportable incident."

Parenteau said Patten, Theodoss and "many other individuals in the school system and outside the school system had the same knowledge" regarding the bullied student's attendance, yet Patten was singled out for disciplinary action.

No one picked up at a listing for Levesque and messages left with Patten and Theodoss were not immediately responded to Tuesday. Attorneys said all three would plead not guilty at their next court appearance on June 7.

Fish's case pushed to June 20

Levesque has maintained that he did not report the classroom fighting to authorities because he was only aware of one incident that, from what he saw in a video sent to him Oct. 6, warranted Fish's Oct. 10 firing but not calls to police or DCF.

Police and DCF, though, say all three administrators should have reported the classroom fighting as mandated reporters regardless of the number of incidents they were aware of at the time.

Police said they learned of the fighting from a social worker who spends time at the Waterford Juvenile Matters Court. The social worker on Dec. 14 told police that a teenager, later identified as a victim in this case, said he had been robbed and beaten by other Montville students.

Officials in January said an investigation into Patten was connected to the October firing of an unnamed substitute teacher. Police arrested Fish, 23, on April 12 for allegedly allowing and encouraging at least four classroom slapboxing bouts in the fall.

Fish has pleaded not guilty to risk of injury to a child and other charges. His case was continued until June 20 during a brief court appearance Tuesday morning. Fish's attorney, Paul Chinigo, told reporters he could not comment on the case.

'An arrest is not a conviction'

Parenteau said Patten and the school district engaged labor arbitrator Peter Adomeit, a professor of law emeritus at Western New England University, for hearings that will begin May 31 at Montville High School. Adomeit, reached by phone, declined to comment.

Parenteau said the arbitrator would hear Patten's case over multiple days to "find facts which are binding on the board." The arbitrator will then make a nonbinding recommendation, and Patten can appeal if the school board upholds Levesque's push to fire her, Parenteau said.

Board of Education Chairman Robert Mitchell said he couldn't comment on specific personnel matters. But he noted the school board would hold off on decisions "until there's a disposition" in the administrators' criminal cases.

"An arrest is not a conviction," he added. "We're following the law."

Dado Coric, Patten's criminal attorney, said, "What's curious about it is the superintendent doesn't fire himself or the principal, but calls for firing Patten."

Coric also argued that no students or parents reported injuries that would warrant alerting authorities under the mandated reporting statute. DCF has said mandated reporters must alert authorities when they have a reasonable suspicion of abuse or neglect.

Emails obtained by The Day last month show Patten told Theodoss she first heard of the fighting from a guidance counselor who'd relayed a parent's message that fighting videos had been posted on social media. While awaiting video proof, Patten said she planned to ask students and the school resource officer about the alleged incidents the next week.

Patten informed Theodoss of the guidance counselor's message in an email on Oct. 9, two days after Theodoss had forwarded her the videos Levesque initially received from a school board member.

Levesque claimed this amounted to a delay in her reporting to superiors, which Parenteau and Coric dispute.

Acting Superintendent Laurie Pallin recently instituted more mandated reporter training for all district staff, including substitutes.

b.kail@theday.com