Video review finds no assault: School Committee clears New Bedford Superintendent Andrew O'Leary

NEW BEDFORD The New Bedford School Committee has voted unanimously to accept an independent investigator's findings clearing Superintendent Andrew O'Leary of a union leader's assault allegation, after reviewing surveillance video of their encounter, the school district said.

"The video surveillance of the alleged interaction confirmed that the alleged assault did not occur," New Bedford Public Schools said in a statement Wednesday morning. "The investigator found that there was no physical assault and no violation of school committee policy." The committee "has full faith in the independent investigation and after review, the committee finds that the allegations lacked credibility," the statement said, as WBSM published it.

The district said the committee reviewed the complaint Tuesday night, Oct. 20. That meeting was held at Keith Middle School, where the committee had also met Oct. 5.

What the investigation found

Tom Nickerson, president of the New Bedford Educators Association, had accused O'Leary of slapping him twice on the chest and of threatening him by standing too close after the Oct. 5 meeting. Discrimination and Harassment Solutions, LLC, the outside firm that ran the investigation, wrote in a summary quoted by The New Bedford Light that the surveillance footage "was particularly significant in evaluating the allegations of inappropriate physical assault."

While the union president said O'Leary firmly slapped his chest twice, the summary said, the recording "showed a brief touch" to his "shoulder or upper back, not the contact he described."

The footage also "did not corroborate" his account of threatening physical proximity, according to the summary. "Superintendent O'Leary was seen stepping back while speaking to him and ultimately walked away."

The firm also considered the union president's conduct immediately after the encounter. "Surveillance footage showed him smiling, talking with other union representatives, shaking hands, and posing for a group photograph," the summary said.

Nickerson had spoken during public comment at the Oct. 5 meeting about the city's health insurance talks with its unions and described O'Leary's positions on those issues. The investigation found those descriptions unsubstantiated and concluded that they were what led O'Leary to approach Nickerson once the open part of the meeting ended.

New Bedford police also reviewed video of the exchange after Nickerson reported it at police headquarters on Oct. 8. The video shows a short conversation that ended with O'Leary tapping Nickerson on the left shoulder with his left hand, the officer wrote in his report, adding that based on the footage he would not request charges against O'Leary.

Committee members back the superintendent

Four committee members commented on the outcome, among them Chris Cotter. "I will stand behind the independent investigation findings and have full confidence in our superintendent," Cotter said. "It's an unfortunate allegation that was not substantiated. Now it's time to get back to work in our district to support our 13,000 students and families and continue the positive momentum in our district."

Committee member William Markey said he did not see the exchange himself. "But it was reviewed by independent investigation and after being briefed on the information gathered and the evidence presented, it spoke for itself that no assault occurred," he said.

Committee member Von Marie Moniz said she supports the findings. "My hope is that we can now move forward collectively and refocus our energy on what matters most: the nearly 13,000 students and families we serve across New Bedford Public Schools," she said. Committee member Richard Porter said his focus remains on "continuing to strengthen and advance the New Bedford Public Schools for the benefit of our students, staff, and families."

The New Bedford Educators Association said in a statement that it is pursuing a prohibited practice charge against O'Leary with the state Department of Labor Relations.

O'Leary's years with the district

O'Leary, a native of County Cork, Ireland, began teaching in New Bedford Public Schools in 2004. A year later he became director of federal and state programs, managing the district's grants, and in 2013 he was named business manager, overseeing almost $200 million a year in spending for New Bedford students.

As assistant superintendent of finance and operations before his appointment as superintendent, he led what the district calls the most active period of investment in classrooms and some of the most visible infrastructure improvements in its history. He also taught undergraduate history at Bristol Community College for 10 years and sits on the state's Advisory Council on School and District Accountability and Assistance. He is a parent of five, including two students at New Bedford High School.

Next meeting Nov. 9

The School Committee's next regular meeting is Monday, Nov. 9. Mayor Jonathan F. Mitchell chairs the committee, and O'Leary serves as its secretary. The district's central office at the Paul Rodrigues Administration Building, 455 County St., can be reached at 508-997-4511.

Label: Reported by us, from the town's posted records.