St. Joseph’s Catholic School rocked by worker’s criminal history

St. Joseph’s Catholic School’s longtime day care director has resigned in the wake of revelations about the criminal history of a man living on school grounds.

The man had been staying in the parish’s former convent — located between the day care building and gym — since this past fall, helping maintain the parish and school grounds.

Father Richard Sedlacek gave permission for the arrangement to help the man “clear up his record,” interim Principal Kathleen Cleary wrote in a letter sent to parents this week.

“Children have never been in danger because our school and Children’s Center staff properly supervise the children,” Cleary wrote.

The Herald is not naming the man because there are no reports he victimized children at St. Joseph’s and he has never been convicted of a sex crime. He wasn’t authorized to work with children at the school.

He has since left the convent and is no longer on the grounds “out of an abundance of caution,” though he is still allowed to attend Mass at the parish.

He was accused of sexually assaulting two young girls — not from the school — in 2008. He was convicted of two counts of fourth-degree assault, a misdemeanor, after one victim recanted and the other gave inconsistent testimony. He received a suspended sentence and two years probation.

His criminal history was known by parish and diocesan officials as much as five years ago, and Sedlacek was directed to not allow him contact with children, said Monsignor Robert Siler of the Diocese of Yakima.

“It really comes down to Father Richard balancing helping someone trying to get their life back on track,” Siler said. “But we do take the security of our children seriously. Even the appearance of possible danger can upset someone.”

The school sent another letter home to parents notifying them of the departure of day care director Kim Nimietz, but a reason for her resignation wasn’t given.

“Kim Nimietz chose to resign before the Diocese was able to look into all the issues that arose. We wish her well, and will find a new director who will continue the excellent care our children receive,” Cleary wrote.

Cleary referred all questions to the diocese.

Nimietz, who had worked at the school off and on since 1994, told the Herald she resigned after confronting Sedlacek last week about the man’s criminal history and asking to have him checked out by state officials.

“This isn’t rumors or hearsay, this is serious,” Nimietz said. “We could have made the decision to remove him very discreetly.”

Nimietz learned of his background in mid-November from a parishioner, she said. She notified school and parish officials and began investigating for herself. In addition to the assault charges, she found another domestic violence accusation in 2011 for which he wasn’t convicted.

Sedlacek and Nimietz argued over the man’s status during a recent meeting, but the priest said he would have him leave as Nimietz left the office, she said.

Several parents of students at the school say they are disturbed by the possible risk created by the living arrangement, as well as a lack of transparency from school and parish officials.

“I’m not happy and I am concerned,” said Jessica Marshall, who has a student at St. Joseph’s. “I feel like the trust of the parish and the school is gone.”

Diocesan policy requires all employees of its schools, as well as any volunteers working unsupervised with children, “submit to a background check to ensure that no reported event from the past, which could pose a future risk to vulnerable persons, are present,” according to an employee handbook available on the diocese’s website.

“A conviction record may, but will not automatically bar an applicant from employment,” diocesan policy reads. “Any investigation of an applicant’s conviction record will be restricted to specified convictions reasonably related to fitness to perform the particular job the applicant is seeking ...”

Schools are to be notified if a background check finds any convictions for crimes against children, as described in state law defining the standards of good moral character required of school staff. The law also includes “conviction of any crime within the last 10 years, including motor vehicle violations, which would materially and substantially impair the individual’s worthiness and ability to serve as a professional within the public and private schools of the state,” though school and diocesan officials do have some discretion to assess those circumstances.

Rumors about the situation involving the man and Nimietz’s resignation have circulated for several days, parents said.

Marshall said Sedlacek gave inconsistent answers to her and at least one school staff member about the man’s criminal history, though Sedlacek has consistently said the man wasn’t a sex offender.

Regardless, she and her husband, Mike Marshall, wonder whether anyone actually knew the full details of the man’s history and whether he was a risk to children, they said.

“They’re not being transparent,” said Mike Marshall.

Siler is saddened that parents were disappointed by what happened at the school, but said that the diocese and St. Joseph’s are committed to protecting and educating children.

“I believe Father Richard is going to work hard to restore people’s trust,” he said.

This story was originally published February 4, 2016 at 9:20 PM with the headline "St. Joseph’s Catholic School rocked by worker’s criminal history."