Oei and his wife, Diane Curling both addressed the request for reimbursement during the portion of the school board meeting allotted to public comments.
“I was done very serious, even irreparable harm by the unjust charges made against me,” Oei said as he spoke to the nine member Loudoun County School Board and LCPS Superintendent Ed Hatrick from the podium at the board’s Tuesday, June 23. Oei spoke of the “stress” and “suffering” that resulted from the yearlong ordeal, damage to his career and reputation, “for actions that were undertaken totally consistent with my duties as an assistant principal at Freedom High School.” Oei explained that in defending himself, “I also stood up for all administrators and educators who could as easily find themselves in a predicament like mine…I took a hit for the team–a big one,” Oei said.
Curling spoke about her husband’s “remarkable family,” and “His parent’s decision to give him the beautifully lyrical Chinese name, Ting-Yi, which translates into English as ‘Never Give Up’ has served him in good stead throughout his life, but never more so than during this past year.”
The Loudoun Commonwealth’s Attorney’s office initially charged Oei in the spring of 2008 with “failure to report suspected child abuse/neglect,” and later filed a felony charge of” possession of pornography,” all related to his investigation of a “sexting” incident at Freedom High School.
After almost an hour and a half of discussion and debate of Oei’s request for reimbursement, with questions to (LCPS) Division Counsel William Chapman and Superintendent Ed Hatrick, a majority of school board members decided to reject counsel Chapman’s recommendation and voted to fully reimburse Oei his legal fees. Sterling School board member Warren Geurin introduced the motion to fully reimburse, and found support from colleagues, Tom Reed (At-Large), John Stevens (Potomac), Tom Marshall (Leesburg), Jennifer Bergel (Catoctin), Priscilla Godfrey (Blue Ridge) and School Board Chairman Robert DuPree (Dulles). Broad Run School Board member Bob Ohneiser voted against the motion and Sugarland Run School Board member Joseph Guzman abstained.
In his comments during discussion, Ohneiser repeatedly sought more information from the school system about LCPS administrative actions in the Oei case, in order to better understand why Oei felt “alone” in his efforts to combat the charges. Ohneiser argued “It is not appropriate that we make a decision when we don’t know all the facts,” Ohneiser said referring to the initial school investigation, and any and all resulting LCPS administrative actions. Ohneiser, an attorney, was joined by school board members, Marshall and Godfrey in questioning the Loudoun County Commonwealth’s Attorney Office actions in the Oei case.
“I feel sympathetic to Mr. Oei’s situation and what he was put through, but I do think we are not fully informed how this situation was handled in the school system…that is important, we need to know before we close this manner out,” argued Sugarland School Board member Joseph Guzman. Guzman unsuccessfully called for a “closed meeting of the board to have these questions answered,” and ultimately abstained from the vote to reimburse Oei’s legal fees.
Discussion on the amount of money appropriate to reimburse Oei began with LCPS counsel Chapman’s recommendations. Chapman questioned the appropriateness of some of the legal fees from the three attorneys involved in the two criminal cases, and recommended the school board provide Oei with $60,000 of the $167,621.64.
In speaking to the indemnification, Potomac School Board member John Stevens rejected the question of whether the fees were reasonable “The question should be what is Mr. Oei’s personal liability…the answer should be zero.” “He fought instead of folded,” Stevens said of Oei. Regarding any precedents the board’s action may set, Stevens said, “The one I want to set is this board will defend its educators.” Prior to Judge Horne’s final ruling Stevens said of Oei and his lawyers action, “I do not feel he was being opportunistic, I believe he was fighting for his life. The people of (Loudoun) paid for his (Oei’s) prosecution, we need to fully support the payment of Mr. Oei’s defense.”
Oei also spoke to Chapman’s monetary recommendations in his remarks offered earlier in the evening. Acknowledging that he differed with Chapman’s recommendation and whether many of the expenses were reasonable Oei said, “One’s perspective in this case makes all the difference in the world. If you were, like I was, facing up to seven years in prison for multiple child pornography charges, none of this expense is unreasonable.” Noting Chapman’s reference to expenses related to media contacts, Oei said “How else were my attorney and I to respond to the false, unfounded and unchallenged comments being made in the press and on TV?...I faced vilification from the deputy prosecutor who, more than once, said publicly she did not believe I belonged in Loudoun County Public Schools.”
Speaking of the personal financial cost of the case Oei continued “can be measured by these means: our second mortgage, the home equity line, reached its limit and now we pay interest on that; we removed much of our retirement savings at a severe loss last fall (paid income tax to boot for withdrawing the “income” from it); maxed out four credit card accounts and pay exorbitant interest rates for doing so; and we have another large loan outstanding from our credit union.”
“From the beginning and without hesitation the Virginia Education Association stood up and spoke out in my behalf,” said Oei mentioning a $22,000 VEA loan he received “at a critical juncture.” Oei who also thanked his Attorney John Faughnan for his “pro bono” representation on the request for indemnification.
Leesburg School board member Tom Marshall inquired why LCPS did not provide Oei with any legal help and argued that contrary to the Commonwealth’s Attorney’s charge of “failure to report”, Oei had compiled with the legal requirements and “reported” to his supervisor. “Why,” Marshall asked “is Mr., Oei involved and not the (Freedom High School) principal? Why is he liable for prosecution after he reported it to the principal?”“I can not justify why he (Oei) was charged the first time or the second or third time,” Chapman responded.
Chapman’s characterization of Oei’s case against the Commonwealth’s Attorney’s charge as a “slam dunk” were challenged by Catoctin School board member Jennifer Bergel in one exchange. “A slam dunk case? What do you mean?” Bergel asked. Chapman spoke to the legal issues in the case and attorney Faughnan “ matter of presentation,” “ and “ the shortcomings of the Commonwealth’s Attorney’s case” and “legal analysis…critical of the Commonwealth’s Attorney’s charges,” and “Judge Horne’s ruling, not child pornography.”
Bergel said she was “Struggling with several things,” and spoke to the legal fees charged, but suggested, “You will do anything to save your character and defend your character.”
School board member Warren Geurin (Sterling) who made the motion to reimburse Oei the full amount of$167,621.644 said, “Whatever those expenses, …the code of Virginia is explicit, we have the authority and I think we should do no less”
Before the board voted on the final motion School board chairman Robert DuPree commented, “It is more than just a legal case, it is getting your name back.” DuPree, referenced LCPS counsel Chapman’s recommendations regarding what constituted “reasonable” said, “ I cannot see hanging an employee out there…take your chances with the cheapest possible defense. Unfortunately it costs that much…and without a trial,” DuPree said, but “we paid for the prosecution.”
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Yes he did! He "fought instead of folded." This is also what he taught us about when I was 16 and learning about U.S. History from the Trail of Tears and the Salem Witch Scare to the Civil Rights Movement from Mr. Oei. (not that he only taught us about these things, but I distinctly remember being inspired about how injustice should and can be fought). Now I'm nearing 40 and some of the things I pass on in my classes can be traced back to his class. On this night, I will sleep easier knowing of this victory and maybe tomorrow will find me digressing from the main topic with my university students. They might just find courage for their futures in these events.