Deseret News | West High teacher not guilty in sex case

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West High teacher not guilty in sex case

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2 bits | 4:38 p.m. June 5, 2009

No matter how well intended... teachers should NOT contact students outside the classroom.

mark | 4:39 p.m. June 5, 2009

Wow, sad the hate shown towards this young girl by many of the posters here. There is nothing that shows the girl was lying, only that there was not enough evidence to prove her accusations.
This young girl was all ready proven to be the victim of an adult predator. If they had not been found by the police in the act, and the girl had accused that man of the crime, without the evidence provided by the police finding them in the act, the other guy would not be in prison right now. And you would all be saying how great that is,
Hey, this guy might have just got away with something. Imagine making so many phone calls to a 16 year old girl. And you guys think that does not raise flags?

It's working | 4:42 p.m. June 5, 2009

In today's society, there is so much responsibility placed upon teachers to educate students, prepare them to pass NCLB mandated tests, report abuse, report neglect, and inspire them and be a role model.

But whenever the tiniest bit of suspicion comes to light, everyone rushes to ruin the man's reputation. He has been on administrative leave WITHOUT PAY, quite possibly lost his home, credit rating, and teachers across the country will see this and pull back from nuturing the students, leave the profession, and find something else less risky to do for a living.

That is why our legislature did us a favor by dismantling the teacher's union, effectively cutting teacher pay and benefits, raising classroom sizes, and putting off buying textbooks for next year (look at the new contract in Davis County).

Let's now bring in charter schools without any accountability and see this legislative dream all the way through to destroy the hopes and possibilities of a free and solid education for all the chilren of Utah, and reserve that right only for the children of the rich.

Any teachers out there making more (or the same) next year???

Way to go Utah!!!

Comments continue below

Outside class | 4:45 p.m. June 5, 2009

Whenever students and teachers need to meet outside of classrooms, there should always be another adult. Think two-deep. That's why there is a coach and an assistant coach in most sports.

Inappropriate communication? Absolutely! But - nowadays the teachers give out their phone numbers and e-mails in case a student has a question about assignments and needs direct answers. This girl went over that boundary, and the teacher took the hook.

I'm sure the schools will be looking at figuring out how to make sure boundaries stay in place.

contact w/ students | 5:08 p.m. June 5, 2009

I teach at the U - and students these days are so focused on electronic communications that email is the best way to get their attention. That said, I keep copies of all my exchanges with students in a separate electronic folder for a year after the class ends - primarily for grade appeals, but also in case of any accusations of impropriety (for the record, I've been both careful and fortunate enough to avoid any sexual allegations).

Still, I remember much more social interaction with my teachers - in both high school and college than kids get these days and it's an utter shame that the sort of hysteria that attends to much of this, and which allowed for allegations to proceed against Mr. Bernardo has deprived today's students of richer (and entirely appropriate) relationships with much needed adult role models.

Blame the Prosecution! | 5:17 p.m. June 5, 2009

The girl can claim that she had sex with Jose Fanjul in his classroom, in the school elevator, his car, and in his home - but the bottom line is, it was the State of Utah and the prosecution that submitted such rhetoric to the District Court. We can blame the girl all we want for being a liar and a troubled teen, but nobody forced the prosecution to lie. The real criminal in this debacle is the prosecuting attourney, and now the prosecutor takes no accountability.

K-Dog | 5:23 p.m. June 5, 2009

Mark my words this man will not sue the state or school district or whomever; nor should he. He got away with a likely sexual relationship with a minor because he wasn't caught like the previous counseler. There was plenty of evidence of an inappropriate relationship between Mr. Fanjul and the minor just no one caught him doing the deed like before.

Re: Re: Law 101 | 5:35 p.m. June 5, 2009

I highly doubt it. Law 101 clearly is an attorney while Re: Law 101 is clearly not. Any self-respecting attorney would respect the rule of law. The man has been tried and has been found innocent in a court of his peers. Yes, as far as the rule of law is concerned, the man is innocent. Anyone claiming that being innocent is not the same thing and not guilty has no understanding or respect for the rule of law, and therefore, forgets their oath and integrity as an attorney.

Stare Decisis
Let the decision stand.

Really? | 5:37 p.m. June 5, 2009

This has got to be one naive judge. First let me state that a fathers instincts are rarely wrong.

If the article is correct in stating that this man told this sixteen year old girl "I LOVE YOU", then trust me, he was intimately involved with her. That along with her testimony is sufficient evidence beyond any reasonable doubt. There is no defense or spin that can explain a statement like that. And since it was a written text message that can be verified through electronic records, it is rock solid.

There is a reason why this man apparently opted out for the jury trial. I know for a fact that judge shopping happens in the legal world, but it is near impossible to jury shop. Clearly justice was not done.

Trixie Ortega | 5:43 p.m. June 5, 2009

The prosecutor in this case new damn well she didn't have a toothpick to stand on. This is what happens when you mix an overzealous and overly ambitious prosecutor with the obviously made-up story of a troubled teen.

Try reading The Crucible; it's a good read.

Congratulations to the Judge for having enough bravery to stand up for what was right despite the public outcry and stop the "witch-hunt" in its tracks.

Mack | 5:54 p.m. June 5, 2009

This girl should be immediately removed from the public school system.

Outside Observer | 6:01 p.m. June 5, 2009

Just because the verdict was not guilty doesn't mean that was truly the case-there was just not enough evidence. I'm not saying he was guilty but that is still a possibility where the girl has a history of promiscuity that he was enticed as well.

If not, I feel bad for him because he has been without pay and had his hame dragged through the mud.

thankfully | 6:02 p.m. June 5, 2009

The other teacher admitted his guilt regarding this victimized girl. OJ was found not guilty of murder. How many of you believe his didn't do it? Oh wait, this guy is white, so he must be innocent.

Re: Really? | 6:11 p.m. June 5, 2009

You obviously don't know J.B. Fanjul. The man tells everyone he loves them -- i.e., friends, students, collegues, family members, acquantances, etc. All of his students have access to his home phone and e-mail and call and talk to him frequently. Going to a movie with him at Gateway is like going out on the town with Brad Pitt. There is a reason why he is a highly acclaimed and an award-winning teacher -- i.e., he truley does "love" his students and says it to all of them on a daily basis. And, everyone loves him too.

Should J.B have been more aware of the cultural norms and been more cautious in his friendships with students? Probably, yes. Is he guilty of having sex with a minor? Hell no.

Case closed already.

Keru | 6:13 p.m. June 5, 2009

A great ruling by a judge with a tough reputation. Judge Boyden is known for her harsh rulings, and she wouldn't have taken this case lightly.

If there was enough >Lack< of evidence to convince her that he was not guilty, then that's probably the case.

I am super happy with the outcome, I knew it from the beginning he was innocent.

Something not mentioned? | 6:17 p.m. June 5, 2009

Something that isn't mentioned in the media, but something I found interesting...look at the picture. That is his cousin-IN-LAW that he is hugging so emotionally.

I heard that not just his wife, BUT HIS WIFE'S FAMILY AND EXTENDED FAMILY wholly supported J.B. during this whole thing and swore his innocence throughout.

Just a thought since I would think these allegations, if true, would have soured those relationships.

Re: Thankfully | 6:23 p.m. June 5, 2009

Uh...this guy ain't white; far from it actually. And go read what the judge said, "there was no credible evidence to support the prosecution's claim."

This guy is as clean as they come.

Skippy | 6:35 p.m. June 5, 2009

Today there was justice had in a court of law.

Anonymous | 6:35 p.m. June 5, 2009

Here are many worst things than having to leave Utah. Ask Boozer.

A | 6:37 p.m. June 5, 2009

Boy everyone sure has an opinion don't they.....most of you sound like not only would you like to throw the first stone, you would to help others find stones to throw as well. Such christian values. I am glad the teacher was found innocent if he is, but come on guys take a look and what YOU are saying! Isn't there a scripture somewhere that says something like "as ye judge, so shall ye be judged?"

disillusioned | 6:44 p.m. June 5, 2009

to "Now"

Although I certainly agree that this man should have been WAY more careful, this statement:

"please stick to teaching and stay emotionally attach free from the students"

Is totally and absolutely preposterous!!!! You obviously have NEVER been a teacher. You CANNOT teach a child well, let alone at all, without making connections with them. The only way to get through, especially with the "harder" students is to build a relationship with them! Certainly--this many should not have been making phone calls, e-mails, and so forth---

But honestly, when I was teaching full time I used to dream about my students. Good teachers are teachers who CARE. They cannot CARE if they don't make emotional connections with their students.

never say never | 6:55 p.m. June 5, 2009

Such a shame. For the rest of is life...he will be lookind over his shoulder, in every students face, reliving every comment, all because of one liar.

She should be branded as a liar and get real help.

And he needs to adhere to the rules more closely, no matter how you want to help someone.

Send them to a counselor..record everything that goes on..and don't dont' don't see these people outside of school..don't text them!!..he is not their peer.

He now has to be the adult in all situations with kids..

Teacher Relic | 7:05 p.m. June 5, 2009

After following this story and reading the comments posted I have just realized that I am an education relic and my days in teaching may be numbered.

Here's why:

I don't "love" my students. I respect them and spend incredible amounts of time and money helping them be successful in my classroom but to go further would be unprofessional.

I have never called or e-mailed my students at home and never will. I phone and e-mail their parents from my school and work through issues in a professional manner.

I don't know how to text message or chat or blog on the internet and would never engage in that with my students or with their parents. That would be unprofessional.

I guess as a teacher I am increasingly expected to be a surrogate parent. I can't and won't do that. When I walk out of my school each evening I have done all that I can to ensure the success of my students. It is then time for good parents or guardians to take over and help with the education of their children.

Matt Steed | 7:08 p.m. June 5, 2009

Well despite most of the posters on this forum, as depicted in the picture that is associated with this story, I actually know the facts of this case. JB Fanjul is one of the most Christ-Like men in the world who truly wants to save everyone. This girl was no exception, when lesser men ran from this girl, JB was trying to rescue her and it was WELL-KNOWN by his wife that Jose was trying desperately the help this girl at this time (calling, e-mailing, etc). And how did she repay him? By tarnishing his name and attempting to put him in prison for life! This is a great day for our family and we (like Angela) never waivered in our opinion and support for this great man.

I am so glad we live in a country where despite conspiracies, false allegations, predatory accusers, and unlawful prosecutors; an HONEST, CARING, CHRISTLIKE man will always be afforded the three unalienable rights of life liberty and the pursuit of happiness. Enjoy them JB, no American has truly earned these freedoms as much as you!

Anonymous | 7:43 p.m. June 5, 2009

As a society it is not up to us to judge the accused or the accuser - let's leave that for the courts. We do have a reponsibility, however, to hire and retain effective teachers and protect students from sexual perpetrators. Although found innocent, I found an LA Times article worth a look.

Accused of sexual abuse, but back in the classroom
LA Times - May 10, 2009

You can go to the Times web-site and search "teachers accused sexual abuse" to find the article.

Anonymous | 9:34 p.m. June 5, 2009

Sadly, his teaching future is probably STILL IN QUESTION as a result of a NOT GUILTY VERDICT! This Not Guilty doesn't mean he won't be treated as "Not Guilty", he will be scrutenized and "Labeled" his whole life! Charges against me were dropped in a similar FALSE Accusation! My case was NOT profiled in the media like this poor man's, and I am lucky, the few who know about it and think I am guilty go on their merry way thinking what they may, while I, and those who know me best, and the girl who ACCUSED ME all know the real truth of the matter! It is a sad thing when something like this happens, especially when a life is ruined because of someone's accusations. If the accusations are true, there is a Higher Court and Judge waiting to hold him accountable, or her in the next life. It is so sad people never seem to take that into account.

Dave | 9:37 p.m. June 5, 2009

to Really at 537pm:

"First let me state that a fathers instincts are rarely wrong."

So, because a father says he believes this happened to his daughter, we should convict, with no supporting evidence?

People like you are why this attorney worried about a jury trial. Fathers are as likely to be wrong as anyone. How many parents of convicted criminals buy into their offspring's claims of innocence? Plenty. Just cause daddy believes it doesn't make it so.

and then you said... "...that this man told this sixteen year old girl "I LOVE YOU", then trust me, he was intimately involved with her."

Wow. The standards you keep.

OK, I don't know about you, but i've had a few girlfriends in my life, and I have said "I love you" to a lot more people than I've slept with. Saying the ILY phrase does not equate to sexual contact. Well, maybe it does for you, in which case you are probably not in love much or have slept with way more people than you shold.

Or perhaps you just have an overreactive, dirty mind.

Myguess | 9:45 p.m. June 5, 2009

my guess is the girl was more than likely telling the truth, but the Jury didn't want to put this guy away because some sweet young thing, with a history of seducing older men, came along and tempted the guy. Can't say I don't blame them for not coming to the conclusion they did. Lets see if the two women on trial for having sex with that 15 year old will get a similar sympathy vote for their jury. Probably not, but similar situation.

Science Teacher | 10:30 p.m. June 5, 2009

To Teacher Relic:

Yes, you are a relic. There is not a day that goes by that I don't communicate with my students electronically outside the classroom. If you want to get through to them, you don't do it through letters home. You join the digital age.

Lemme guess... you can't even program a VCR. Right? Still using that 8-track?

Re:Re: Really? | 10:41 p.m. June 5, 2009

I don't know him and I'm open minded to the possibility that he is that rare human that just loves people and naturally demonstrates that love through affection. Having said that, where is the rational explanation of why this young girl would accuse such an innocent man possessed with such extraordinary character.

This is what Michael Jackson claimed with his so called innocent relationship with young boys.

But I stand by by earlier assertion that a fathers instincts are rarely wrong and cannot be lightly dismissed especially if there is other supporting evidence.

re:Teaching Relic | 10:43 p.m. June 5, 2009

Years and years ago, when I applied for my teaching position, I was asked if it was important for my students to "like" me.

My response was "no", but rather I wanted them to "love and respect me". I don't leave my students behind at the classroom door, but for 9 months out of the year, they are part of my family. I do not text them, I do not call them, but sometimes in the evenings, I get the "aha" moment about how to deal with, or reach a student.

I like it when my own children tell me they "love" their teachers. It does not mean anything inappropriate happened.

That being said, not every teacher needs to love or like their students to teach them. However, to "love" them is nothing short of what Christ, Ghandi, Dr. King or the Dalai Lama would do, and they were all pretty good teachers.

A Father's Instinct? | 10:56 p.m. June 5, 2009

Rarely wrong???

And you are willing to put a man away for this? A father is programmed to protect his daughter. Of course he's going to believe what she says.

I remember reading stories about this when it first happened. I remember that the paper said he was a popular teacher. I remember reading that he had won awards.

I thought it was strange that a popular teacher would do this, because most child preditors send signals that tend to "creep out" more than one child.

I respect this father for supporting his daughter in the case. That's what fathers do. However, in this particular case, I believe that we should trust the instincts of the impartial judge who heard all of the facts.

Let it go. The district should pay the man his wages due, reinstate him along with benefits immediately, and let him get back to doing what he does best... educating our youth for low wages...

Kentucky Boy | 11:21 p.m. June 5, 2009

To those still rallying against the teacher... Did you take a handful of Nancy Grace Pills this morning? The guy claims to have been trying to help the girl and all evidence points to that. His family, including his wife, knew of their phone calls, e-mail, etc. If he were trying to mess around with her, do you think he would let his whole family know about it???

The girl (along with the "authorities" let the trial come about) is clearly a sociopath. While the other guy DID do things with her, it seems to have taught her that her "victim" role brought her the attention she felt she lacked. But when you blatantly lie like she did, it CAN backfire, just as it did here. She should be charged with perjury and false reporting, hopefully getting HER FULL NAME dragged through the mud in the press. That was what her lies got the good-hearted teacher. He should sue the girl, the school and the overzealous prosecution team for MORE than they're worth. The trial cost $$$. Don't taxpayers want to know who she is?

Anonymous | 11:21 p.m. June 5, 2009

Anyone who have had contact or live within south american people, especially from Venezuela like Fanjul, may understand his background when it's about helping others. While americans do care about personal space, south americans not only extend a hand but their hearts and minds when it's about to help others. Unfortunately, Mr Fanjul forgot the school district rules, engaged in a crusade to help somebody and these are the results. He's an adult and somehow, he will move forward. But if I was the parent of the girl, I would be very concerned. Two scandals in about a year? It's concerning.

@Dave | 11:28 p.m. June 5, 2009

By your off the cuff comments with nothing to support your contrary point I will assume that you are not a father. And as evidenced by your statements, you seem to prefer to just sleep with women without a commitment. I'm sorry but that type of behavior doesn't give you much credibility.

But to equivocate the statement of "I love you" to a girl friend to that of an adult male teacher to a teenage female student is just plain ignorant naivete.
I mean, have any of your many girl friends ever accused you of rape?

I personally knew a young lady who accused her coach of rape and he was also acquitted, although he did admit to consensual sex. I'm also familiar with a young man who was seduced by his high school teacher who was never charged because the young man was unwilling to make an accusation. Point is, IT DOES HAPPEN!

I don't know about you but where I come from we have our eyes wide open to the fact that if it looks like a duck, and walks like a duck, and acts like a duck, "It's a duck."

Run Forrest Run | 11:59 p.m. June 5, 2009

As a teacher, I would NEVER exchange texts, phone calls, or visits with a student. Well meaning or not it opens a teacher as a target. The man was not proven guilty of a sex crime but he is mighty stupid for letting himself be a target. Why leave it to chance and ruin your reputation and your family's life? NEVER be alone with a student and NEVER socialize outside of the classroom, it's not your job.

Run Forrest Run | 12:03 a.m. June 6, 2009

BTW, he can "help" someone all he wants, just don;t do it one on one in a private home. Why is it he was so interested in "helping" a female student but has not done one on one "help" with a male student, exchanging texts and emails?

Kentucky Boy | 12:55 a.m. June 6, 2009

With all the uproar over "I love you" that keeps coming up... What was the context of this statement?

Was he responding to "No one cares about me, and I'm just gonna end it all!" or "If you REALLY cared about me, you'd leave the wife."

It all sounds like he was trying to help this "disadvantaged" (i.e. corrupted) girl and got caught up in a volatile sitution. These statements were part of a conversation, which has two sides unless you're hallucinating. You can't even guess at the meaning of his words unless you have HER words also.

This relates to the context, too...
Why act as if "love" automatically has the definition of that OTHER four-letter word? Just think about that when you're accused of incest for saying it to your parents.

Fire Cristina Ortega! | 2:00 a.m. June 6, 2009

The Prosecutor, Cristina Ortega, should be fired for such unprofessional language and conduct. You know who pays for Cristina Ortega's salary? The tax payer. And for what? To litigate criminal charges that never had a chance at being prosecuted! The prosecuting attourney should be ashamed of themselves. They proved to be as big a liar as thier star witness.

For shame!

awsomeron | 5:08 a.m. June 6, 2009

If you develop an interest in a student, wait till they are 18 and help them with College.

Even in Utah! | 5:25 a.m. June 6, 2009

What about the other three...YES THREE! adults that she fingered AFTER she accused Fanjul? (for a total of 5 adults now!) Yes, the School District paid a lot in damages to the girl and her family after the Harrera trial and now three other adults, one of them another employee of the district (Im not sure who employs the other two), are being accused of sex with this same minor.

Possibly this girl is a poor victim in a very bad situation. Possibly she and her family are hoping the Goose will lay another golden egg, or possibly she is the sexual predator in pursuit of another victim. Most likely, it's all three. Where are the laws to protect the victims in that situation? COLD HARD EVIDENCE should ALWAYS be required, even in Utah!

Westg323 | 5:46 a.m. June 6, 2009

The most important thing is not to rush to judgment on either side. Each case is independent. The teacher has been found innocent but the girl has not had a trial (as to her supposed lying). It is a serious matter if the girl is lying but the prosecutors were not able to prove the guilt of the teacher.

Westg323 | 5:49 a.m. June 6, 2009

We see here the importance of avoiding the appearance of wrong-doing.

AFTER ALL THIS IS UTAH! | 6:25 a.m. June 6, 2009

Fact: This is the state where a gay man was murdered point blank and a Utah judge, without being asked to do so by the defense, voluntarily reduced the crime to a lesser offense and then sentenced the murderer to the lightest jail time possible.

Fact: This is the state that when a hate crimes bill was being heatedly debated in the state legislature, two men incidentally hacked the body of another man into multiple pieces and strew his body parts for miles up and down the Highway becauseBECAUSE THE MAN WAS GAY!, and the state hid this simple fact in the case to prevent the hate crimes bill from being passed.

My point is that Utah, reason and justice are NOT synonymous. Everyone I spoke to had assumed Mr. Fanjuls guilt well before the trial even began. I for one am glad that justice prevailed, a not-so-common event in Utah!

Burden of Guilt.... | 6:29 a.m. June 6, 2009

Remember, the burden of guilt is higher in criminal cases. It is still possible (though given the girls history of promiscuous behavior, unlikely) that Fanjul could be taken to civil court and lose. Not to compare apples with oranges, but look at the OJ case as a comparison....

But, I'm going to trust the judge in this case and assume he is not guilty. Hopefully he's innocent (which is different than not guilty) as he appears to have been an outstanding member of the teaching community. I'm very happy for him and his family. Good luck with the next step Fanjul!

-Mr. Sanchez

He's right here. | 6:30 a.m. June 6, 2009

RE: Run Forrest Run Why is it he was so interested in "helping" a female student but has not done one on one "help" with a male student, exchanging texts and emails?

He has. My son for one. I adopted him at 15 from an absent single mother living homeless from a life of drug abuse. He missed three years of elementary school and was struggling to catch up and resolve his past in High School. I met with Mr. Fanjul several times in our efforts to get my son through his class and was genuinely impressed by his sincere desire to make a difference in my sons lifewhich he has. We both have a deep respect and gratitude for Mr. Fanjul for being one of the few teachers who had the courage to really care.

This all started | 6:34 a.m. June 6, 2009

What is most perplexing to me is that the police caught these two together but I have yet to read or hear it they were in the act of having sex. What did the police report describe as the purpose to pursue the case? That to me is the most important evidence but no word on that. If the police report was very vague then there should not have been a trial. Was the prosecutor acting out of vengeance or justice? That doesn't really matter now but it was a question on my mind.

A wolf in sheeps clothing | 6:39 a.m. June 6, 2009

This girl, in spite of her age, is a sexual predator!

The only reason she was transferred into Mr. Fanjuls class, mid semester, was because the other teacher went to the school administrators and told them she kept coming on to him. Finally, the teacher insisted that she be removed from his class and she was tranfered out.

Only then did the predator fix her eyes on her new prey.

Not so sure | 6:51 a.m. June 6, 2009

Good on you Judge, its great to see justice, but now what. What happens to the girl that tried to ruin a man, his family, his future. She should have to pay some sort of restitution for basically lying about this man. Now is when we need to see JUSTICE BEING SERVER. She should not be able to just walk away from this. If JB is NOT GUILTY, then she IS GUILTY and should be punished for it, don't just let her walk away, its because of people like her that people like JB have to fight to save their name, their future, their family, their way of life. This girl needs to be punished for what she has done.
And the prosecutor in this case, what a bone head for even taking the case to court.

jimelko | 6:52 a.m. June 6, 2009

I am glad he was found not guilty , But why would ateacher give out his /her phone number ? It is easy not to to answer text or phone calls , you just don't . If I receive a text from one of my my employees I do not answer it. phone calls I ignore. if the text says it is an emergency I respond with a simple call 911 .Employers also are accused often so i make sure all contact is at work teachers should do the same .

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