Saturday, May 2, 2009

St. Clair Shores, MI teacher originally charged with 4th degree CSC - convicted of attempted stalking

(Original Post 8-7-08)
A suburban Detroit culinary arts teacher is charged with 4th degree criminal sexual conduct for engaging in sex acts with a 16 year old and a 17 year old boy on a boat belonging to the parents of a former student.Tha alleged victims are current students at South Lake High School in St. Clair Shores. Melissa Lavender, 33 was charged with 2 counts of 4th degree CSC when arraigned by Judge Joseph Craigen Oster.

After her lawyer, Warren, MI based Michael Dennis, waived the formal reading of the charges and entered a not guilty plea on Lavender’s behalf, Judge Oster scheduled a pretrial conference for August 26, set bond at $25,000, which she posted, and set conditions on her release.

The conditions include – no contact with the alleged victims or witnesses, no unsupervised contact with minors, and no alcohol or drug use. Lavender must also submit to random Breathalyser tests 4 times a day.

Police and prosecutors accuse Lavender of engaging in sex acts with two teens on a boat belonging to the family of a former South Lake High student. The two are ages 16 and 17 and currently attend the school.

The boat was docked in a marina in St. Clair Shores at the time of the alleged incidents, which police said occurred in the overnight hours of June 26. Police said Lavender was the only teacher aboard the boat at the time of the incidents.

Alcohol is believed to be a factor, Bergeron said.

Dennis, who called the charges serious, said "from what everyone says, all the students and parents who know her love her. These allegations are totally out of character."

According to Deborah Thompson, South Lake School District Superintendent, Lavender, worked as a culinary arts teacher in the district for 6 years, rising to the head of the culinary arts program from a food teacher. Lavender is being suspended with pay, pending the results of the investigation.

"Students and parents came forward…. We're deeply saddened by these allegations. Our first priority is to follow our policies, ensuring the safety and support of all our students."

Thompson also posted a letter to "South Lake Families" on the high school's Web site, acknowledging that she's been informed of "alleged serious misconduct involving a high school teacher and students."

According to the Detroit News, a substitute culinary arts teaching position was also posted on the site. There were no takers, yet. 16 is usually the AOC in Michigan, but it rises to 18 in regular teacher/student cases, and 26 if the teacher is a special education teacher. This law took effect July 1.

4th degree CSC is a 2-year misdemeanor in Michigan.

(Update 3-20-09) Lavender pled guilty to attempted aggravated stalking Monday March 16. Attempted aggravated stalking is a 5 year felony, so the plea to a greater offense was presumably to get off of the sex offender list. Both 4th degree CSC counts were dismissed at part of the plea agreement, and Lavender signed a document voiding her teaching certificate.

Lavender teared up as she told the court she tried to contact via electronic device two male students in a "harassing manner." Police say although the students were of the age of consent, state law forbids teachers from having relationships with students.

The Macomb County Prosecutor's Office will seek at least 5 years probation when sentencing is held April 29.

(Update 5-2-09) Lavender was sentenced to the agreed upon 5 years probation by Macomb Circuit Judge Matthew Switalski on Wednesday, April 29. The reason prosecutors did not seek prison time was because of her 1st time status.

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