Acquitted Fanjul still not teaching

Despite being acquitted of criminal charges, former West High history teacher Jose Fanjul isn't scheduled to return to teach at the school this month — and his attorney is crying foul.

"We believe the criminal justice system works. We don't think people should be punished if they are, in fact, not guilty. And this is a form of punishment," said attorney Ken Brown.

Fanjul is still on unpaid administrative leave with Salt Lake City School District, pending a hearing this fall to evaluate his teaching license. School starts Aug. 25 in the Salt Lake City District.

When asked Friday whether it was fair to make the teacher wait to go back to the classroom, Superintendent McKell Withers told the Deseret News, "It is absolutely fair to the children of Salt Lake City to make sure we have a teacher who is licensed and qualified."

Fanjul, 46, was acquitted June 5 of five counts of forcible sodomy and five counts of forcible sexual abuse, all lodged in connection with claims that he had engaged in illegal sexual activity with a 16-year-old female student. A judge said prosecutors had not presented sufficient evidence to meet the legal standard of reasonable doubt.

A teacher can be found innocent by the courts but still lose his or her license if found unfit to instruct by the Utah Professional Practices Advisory Commission.

Fanjul's hearing could be in September or October, said Utah State Office of Education attorney Carol Lear, who is also the Utah Professional Practices executive secretary.

"We are waiting for subpoenaed information from the prosecutor's office," Lear said.

If the information is enough to lodge a complaint, the commission will direct the UPPAC investigator to proceed, she said. "Likely, the investigation will take at least a month," Lear said.

Evidence against teachers who don't abide by the rules is brought to the commission, which can issue discipline ranging from a letter of reprimand to probation. In more serious instances, the commission recommends the State Board of Education suspend or revoke the teacher's license.

Brown said he is confident Fanjul can withstand the investigation.

"In some ways, we're looking forward to it — in terms of clearing the air on this case," Brown said. "He was a marvelous teacher."

Fanjul could teach in another district but his preference is West High, the attorney said.