10435 Downsville Pike

Hagerstown, MD 21740
301-766-2800

Justin M. Hartings, Ph.D.

Board Vice President
26 October 2016

Dear Fellow Board Members,

This letter is in follow up to the remarks I made at the October 18, 2016 business meeting. At this Tuesdays
business meeting I intend to introduce a resolution calling for the removal of Mrs. Karen Harshman from the
Washington County Board of Education for misconduct and willful neglect of duty. As I understand Maryland law,
the State Board has the power to remove a member of this Board on those grounds. I hope this letter will provide
you with the details of my thinking in advance so that you can make an informed vote on this matter next Tuesday.
Based upon Mrs. Harshmans recent conduct, including conduct since our October 18th meeting, I feel compelled
to request that we pursue this course of action. All of the evidence we have received to date points to a reckless,
if not intentional, series of comments, statements, postings, and actions by Mrs. Harshman that have needlessly
caused enormous damage to the Washington County Public School community. As I pointed out in my remarks
at last weeks Board meeting, before placing a student on one of our school buses in the morning, every parent of
a WCPS student must trust that school officials and employees will always ensure the safety of students. This
trust absolutely includes confidence that while in our care, students will be protected from potential child abusers
and sexual predators. Once that trust, built over years, has been lost, parents will no longer feel comfortable
putting their children into the care of WCPS teachers and employees. We can never allow this trust in our school
system to be undermined.
Thus, a Board member who recklessly, carelessly, and maliciously accuses teachers (past and present) of being
sexual predators, fails to identify those teachers even after repeatedly being asked to do so, refuses to cooperate
with the Superintendent and administration of this school system in identifying alleged sexual predators, and
accuses school administrators of transferring sexual predators and pedophiles between schools in an organized
effort to circumvent the law is not fit to serve in the role of a member of the Board of Education.
As outlined below, I believe that the evidence is clear and provides compelling cause for us to request that the
State Board of Education exercise its statutory authority to remove Mrs. Harshman for misconduct and willful
neglect of duty.

The Underlying Actions of Mrs. Harshman

As everyone is aware, over a week ago Mrs. Harshman posted the following statement on her widely accessible
Facebook page:

Building a Community That Inspires Curiosity, Creativity, and Achievement.

www.wcps.k12.md.us

OMG, Dr. Phil has a story about a teacher having sexual relations with a student. She
lost her job and had to register as a sex offender. Washington County seems to look
the other way or transfer the teacher to another school hardly a way of protecting
our students from such predators. They should be barred from entering our schools
or having any contact with school activities.
This online Facebook posting quickly spread throughout the community. Parents of WCPS students immediately
began to raise questions and concerns about the possible existence of child sex offenders in our schools. From
teachers to students and parents, members of our school communities began to ask if school administrators knew
of the existence of sexual predators in our schools, but chose to cover up their crimes by transferring offending
teachers to other schools.
Mrs. Harshmans further claimed that she was aware of what she characterized as a longstanding practice regarding
the retention and transfer of sexual predators. She alleged that this practice had gone on for decades. When
asked on her public Facebook page if these practices are still taking place, Mrs. Harshman responded that some
are still teaching or working on the BoE. These allegations led many in our school community to ask whether
those still teaching were at their school or in a classroom with their child.
Following last weeks Board meeting the Superintendent directly asked Mrs. Harshman, at least three times, for
the names of either past or present teachers who had engaged or were engaging in inappropriate conduct with
students. Each time Mrs. Harshman angrily refused to provide the details the Superintendent requested. Later
that evening, a Herald Mail reporter called the Superintendent to ask about the employment status of two
individuals. The reporter indicated that Mrs. Harshman had provided her with two names of individuals she
believed to be sexual predators.
Since Mrs. Harshman refused to provide the names of sexual predators she believed to be working in our schools,
the Superintendent contacted the Washington County Sheriffs office. A sheriffs deputy met with Mrs. Harshman
later that same evening. When the sheriffs deputy asked Mrs. Harshman for the names of the sexual predators in
our schools, Mrs. Harshman provided only the name of her Board colleague, Mrs. Jacqueline Fischer. She did not
provide the names of the individuals she had identified to the Herald Mail reporter hours earlier. Later in the week,
Mrs. Harshman contacted a Herald Mail reporter again to share the name of another individual she believed to be
a sexual abuser of children. In total, Mrs. Harshman provided three names to the Herald Mail and one name, Mrs.
Fischers, to the Washington County Sheriffs office.
Upon learning these four names, the Superintendent immediately turned them over to the Department of Social
Services (DSS). By the end of the week, DSS had determined that there was no basis to pursue an investigation of
child sexual abuse against any of the named individuals.
In order to address the concerns that Mrs. Harshmans allegations had created in the community, the
Superintendent sent a Message for Parents and Community on Thursday, October 20th. This message assured
parents that WCPS was taking Mrs. Harshmans allegations seriously, that investigations were underway to ensure
the safety of our students, and to reconfirm WCPSs commitment to ensuring the safety of all of our students.

No fewer than four prominent stories regarding Mrs. Harshmans accusations have appeared in the local press over
the past few days. Over 100 comments were made about these stories on the Herald Mails social media outlets.
Many of these comments called for Mrs. Harshman to resign. An editorial dated October 25th urged that Mrs.
Harshman be removed from office for poor judgment and despicable behavior. The editorial concluded that Mrs.
Harshman is neither worthy of public trust or fit for public office.

Grounds for Removal of Mrs. Harshman

To date there remains absolutely no evidence that anything Mrs. Harshman said, published, or reported was
accurate. Absolutely no evidence has emerged that would support her allegations. Based on the work of the
Sheriffs Office, DSS, the Herald Mail, and WCPS staff, it is now clear that Mrs. Harshmans charges are categorically
false. Considering Mrs. Harshmans allegations, the facts as we know them, and Mrs. Harshmans actions in the
last two weeks, there is ample cause to recommend to the State Board that she be removed from office.
Mrs. Harshmans false statement that some [teachers] are still teaching or working [at] the [Board of Education]
has sown the seeds of doubt, distrust, and fear among parents throughout Washington County. While the
Superintendents letter to the community has helped to allay some of those fears, no letter from the
Superintendent can fully undo the damage that Mrs. Harshmans statements have done to the reputation of WCPS.
Mrs. Harshmans irresponsible behavior has undermined the confidence that parents must have to entrust our
teachers, administrators, and support staff with their children every day. I believe that falsely undermining our
communitys confidence in their school system constitutes misconduct.
Mrs. Harshmans reckless comments to the public and press told the community that their school system has been
engaged in an illegal pattern of covering up child sexual abuse. In an effort to calm fears and suspicions that
teachers are sexually preying upon the children of Washington County, even the president of the Washington
County Teachers Association felt compelled to inform the press that students are 100 percent safe. The
Superintendent, school principals, and members of the WCPS human resources department are all responsible for
conducting criminal background checks and/or otherwise insuring that teachers and other staff members assigned
to our schools are not sexual predators or pedophiles. They have all now been falsely accused by a Board member
of covering up sex crimes on a system-wide basis over the course of decades. I believe that Mrs. Harshmans false
accusation that WCPS staff of covers up child sexual abuse constitutes misconduct.
As a teacher for over 30 years, Mrs. Harshman had an affirmative, statutory duty to inform DSS as well as
administrators in her school and in the central office of any sexual misconduct in our school system. Now she
contends that sexual misconduct between teachers and students has gone on for decades. As a mandatory
reporter for the last three decades under Maryland law, she had an obligation to report such conduct. Her failure
to do so could have resulted in her dismissal as a tenured teacher and continues to constitute a criminal violation
of the law governing the reporting of sexual abuse. I believe that Mrs. Harshmans failure to report known or
suspected sexual misconduct constitutes misconduct and willful neglect of duty.
Mrs. Harshman identified past or present teachers as alleged sexual predators to the press rather than to
appropriate law enforcement, DSS, or school officials. This unauthorized reporting violates the confidentiality
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required by both law and Board policy regarding personnel matters and ongoing internal investigations. Obviously,
the press is not the place to lodge charges of sexual abuse against other WCPS personnel. Nevertheless, Mrs.
Harshman chose that avenue rather than the organizations charged in statute with the prevention and
investigation of such conduct in our schools. I believe that Mrs. Harshmans illegal breach of employee
confidentiality and unauthorized reporting constitutes misconduct and willful neglect of duty.
Mrs. Harshman, like other Board Members, is subject to policies governing the use of social media (Board Policy
GBEE) and the reporting of child abuse and child neglect (Board Policy JLF). Policy GBEE specifically requires that
the use of social media comply with the highest standards of honesty, integrity, and professionalism. Policy JLF
requires [a]ll school system employees . . . to report any suspected child abuse or child neglect to the local
department of social services or the appropriate law enforcement agency as soon as possible. Mrs. Harshman has
violated both of these WCPS policies. I believe that Mrs. Harshmans violation of these policies constitutes
misconduct and willful neglect of duty.
Mrs. Harshman was one of three (3) Board members who served on an ad hoc committee that produced the
Washington County Board of Education Communication Processes. Essential elements of those processes include
a commitment that each Board member should let the Superintendent know promptly about concerns of
significance in the community related to the school systems services or its employees (Section C.3.), that Board
members are required to use appropriately respectful speech in their social media posts, and Board members
should refrain from harassing, defamatory, abusive, discriminatory, threatening, or other inappropriate
communications (Section F.2;). Plainly, Mrs. Harshmans Facebook postings and other communications on social
media outlets have crossed the very line that she drew as part of the committee which prepared those processes.
I believe that Mrs. Harshmans violation of these Board-approved processes constitutes misconduct and willful
neglect of duty.
Mrs. Harshman has publicly damaged the reputations of those in the school system who are responsible for
ensuring the safety of our students. Those employees include school resource officers, administrators, human
resources staff, safety personnel, the Superintendent, and guidance counselors among others. She has alleged the
existence of a conspiracy among these employees to retain and transfer sexual predators. We now know this
allegation to be categorically false. Should any of these individuals seek subsequent employment, an internet
search regarding their history of employment with WCPS will reveal these false and reckless accusations, creating
a significant barrier to their future employment. In future job interviews, each of these employees, including the
Superintendent, will very likely have to explain why one of their own Board members accused them of an organized
effort to conceal sexual abuse. I believe that the unwarranted damage that Mrs. Harshman has done to the
reputations of these employees constitutes misconduct.
Mrs. Harshmans ongoing refusal to report her allegations of sexual abuse and sexual misconduct to the
Superintendent is a clear violation of his contract. His contract with the Board makes clear that not just the Board
as a corporate entity, but each individual member is required to refer promptly appropriate criticism,
complaints, and suggestions concerning the school system to the Superintendent (Section I.D). This requirement
is in addition to each individual members responsibility under the contract to notify the Superintendent and the
other members of the Board of Educationin writing if he or she believes that the Superintendent is not fulfilling
his responsibilities under Maryland law or the Maryland Code of Regulations (Section II.D). Mrs. Harshman has
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failed to meet her individual responsibilities under these provisions of the Superintendents contract. I believe that
Mrs. Harshmans failure to comply with the terms of the Superintendents contract constitutes willful neglect of
duty.
Mrs. Harshmans reckless and malicious accusations have required school system staff to devote hundreds of hours
to investigating and responding to her false claims. With all of the demands on todays public school systems, this
is valuable time that we simply cannot afford to waste. Every minute of staff time spent responding to Mrs.
Harshmans false charges is a minute that staff could not spend focusing on student achievement or advancing the
Boards instructional vision. I believe that Mrs. Harshmans needless wasting of staff time for a personal vendetta
constitutes misconduct.
When confronted with the seriousness of her misdeeds, Mrs. Harshman has shown not an ounce of contrition. To
the contrary, to use a phrase frequently mentioned in todays media, at every turn she has doubled down on her
behavior. She has publicly and belligerently defended her conduct, attacked those who question her on social
media, and refused to apologize to any of the thousands of employees, parents, and students who are now
suffering from the fallout of her false allegations. When confronted with her actions, she could have simply
apologized and let everyone know that our students are safe from sexual predators. Instead, she chose to
compound her false statements by continuing to attempt to tarnish the reputations of teachers who dedicated
their lives to the service of children. I believe that Mrs. Harshmans willful defamation of character constitutes
misconduct.

Maryland Law
Section 3-1301(d) allows for the State Board of Education to remove a member of the Washington County Board
of Education for misconduct in office or willful neglect of duty. Based on this provision of state law, Mrs.
Harshmans actions over the past two weeks provide a clear basis for her removal. The way in which the process
of removal may begin, as I understand it, is by this Board enacting a formal resolution, adopted in public session,
requesting that the State Board initiate the process of removal. Mrs. Harshman will then be entitled to a hearing
before the State Board where she may be heard publicly in her own defense.
It is my intention, therefore, at next weeks Board meeting to introduce a motion that the Board adopt a resolution
seeking the removal of Mrs. Karen Harshman from office for misconduct and willful neglect of duty. I ask that this
item be placed on the agenda for the November 1, 2016 meeting. If it is not placed on the agenda, I will move to
amend the agenda to have this item added.
Due to the complexity of the legal process that may then ensue, particularly if Mrs. Harshman takes the opportunity
to request a public hearing before the State Board, I suggest that Mr. Trotta, our Board attorney, secure the services
of outside counsel. If the Board passes the resolution recommending Mrs. Harshmans removal, Mr. Trotta and
outside counsel should prepare a statement of charges based on the concerns outlined in this letter and submit
those charges to the State Board on our behalf for their consideration.

Conclusion
It gives me no pleasure to pursue this course of action with regard to one of my colleagues, but each one of us took
an oath of office to support the Constitution and Laws of the State of Maryland, and to diligently and faithfully,
without partiality or prejudice, execute the office of Board of Education member according to those laws. Mrs.
Harshman has plainly violated her oath of office, violated the laws of this State governing the prompt reporting of
sexual child abuse, falsely accused administrators, teachers, and staff of the most outrageous form of misconduct,
violated the Superintendents contract, ignored Board policy, and eroded public confidence in the safety and
security of the children of Washington County. Whether her acts were part of a broader personal or political
agenda against another Board member, or whether there are other reasons behind these misdeeds is of no
consequence. These acts are egregious and cannot be ignored by our community or its School Board. Regardless
of where false and malicious allegations originate, we must stand up for the integrity of our system, the
trustworthiness of our employees, the safety of our students, and the confidence of the community that we serve.
Our obligation to those we serve only becomes greater when these false allegations come from one of our own
members.
Mrs. Harshmans behavior calls for her removal from office. It is a step I believe we must take to protect WCPS
from a member would undermine it so casually and without regard to consequences. The children of Washington
County, their families, our staff, teachers, and administrators, and the community at large deserve nothing less.
They should expect nothing less from their School Board.
My hope is that we can work expeditiously to consider and adopt a resolution initiating the process of removing
Mrs. Harshman from office so that we can then put this sad and unfortunate chapter behind us. We can then move
forward together with the work of providing the best education we can for the students and community that we
all serve.
Best Wishes,

Justin M. Hartings, Ph.D.

Vice President
Board of Education of Washington County

Cc:

Dr. Clayton Wilcox, Superintendent

Anthony Trotta, General Counsel