Sex offender
could work in
schools

An artist who pleaded guilty
to touching 13 pupils isn't
automatically barred

By Debra Barayuga
Star-Bulletin

An art teacher who pleaded guilty to sexually touching female students is not automatically barred from working in the state Department of Education again.

Brian Ibaan, 40, faces a possible 10-year jail term when sentenced Dec. 13 before Judge John Bryant. He pleaded guilty Oct. 12 to 20 counts of third-degree sexual assault -- touching the breasts of 13 girls ages 9 and 10.

Department rules bar anyone who presents themselves as a threat to the health, welfare and safety of students from working in the department, said Department of Education personnel specialist Mae Yamasaki. Of particular concern are those who have been convicted of violent crimes or crimes against children.

But while the offenses Ibaan pleaded guilty to are "very serious," it doesn't mean he may never work for the schools again, Yamasaki said. "We look at it on a case-by-case basis."

'I believe people should be
given a second chance, depending
on the crime. But on sex
crimes, absolutely not.'

10-YEAR-OLD VICTIM'S FATHER

"If a person has a record, does it brand them as someone who can't work for the department forever?" she said. "We're an educational institution. We believe in lifelong learning not only for our students but for our employees, so we look at what they've done to educate and rehabilitate themselves."

While state law bars employers from using arrest or court records for hiring purposes, a 1990 law gives the Department of Education authority to conduct criminal and background checks on prospective employees whose positions bring them into close proximity to students.

Applicants now are fingerprinted for comparison with the national FBI database for any federal convictions. The department also checks the Hawaii Criminal Justice Data Center, a repository for local and state criminal records.

If someone has a conviction, letters of recommendation from previous employers and proof of completion in court-ordered programs such as sex abuse treatment, anger-management, alcohol or drug treatment are reviewed.

Hiring decisions are made in consultation with a district personnel specialist, the principal and district superintendent. The assistant superintendent for personnel makes the final decision.

The state is obligated to ensure all civil service employees are suitable for the particular job they seek, said Renee Chang, chief of the recruitment and exam division in the Department of Human Resources Development.

The whole idea of background checks is to best predict someone's ability to perform satisfactorily on the job based on past behavior, she said.

But before deeming someone unsuitable for employment, the state is required to look at whether the conviction has any effect on the person's ability to perform successfully on the job.

The parent of one of Ibaan's victims feels the department should take more responsibility for its hiring.

"I believe people should be given a second chance, depending on the crime," said the father of a 10-year-old victim. "But on sex crimes, absolutely not. There has to be a statute that prohibits sex offenders from working in a place that has to do with education at all. They should have nothing to do with children whatsoever."

Ibaan, who has worked in the schools since 1992, was screened before being hired for the Artists-in-the-Schools program, and had no previous criminal record. His contract was terminated shortly after the allegations arose.

Anyone with a break in service with the department must undergo the same screening again even if their employment was approved previously, Yamasaki said.

Jerel Fonseca, Ibaan's attorney, said his client probably won't renew any contracts with the Department of Education.

Ibaan, a private and commissioned artist who owns his own graphic design business, will probably continue with his art work and resume giving private lessons, Fonseca said.