FORT GRATIOT

Ex-teacher who assaulted students gets jail

Beth LeBlanc
Times Herald
Shirley Thoen reads a statement Thursday, Jan. 14 after pleading guilty in December to two counts of assault and battery of her students. Thoen was sentenced to 93 days in jail, with 73 days suspended upon completion of probation.

A former Port Huron Schools teacher said she was in shock as she watched surveillance video of her behavior in the classroom — video that police say showed her dropping and kicking an early childhood special education student.

“I lost my patience and let the frustrations of the classroom situation get the best of me,” 59-year-old Shirley Thoen said during her sentencing Thursday in District Judge John Monaghan’s courtroom.

“I should never have allowed myself to lose my patience with the children.”

The 36-year employee of Port Huron Schools was sentenced to 93 days in jail, with 73 days suspended upon completion of probation. She pleaded guilty in December to two counts of assault and battery.

Thoen's sentence prohibits her from volunteering or working in any setting where she has direct contact with children.

“What’s important here is the age of these kids, the youngest, most vulnerable kids in our whole school district,” Monaghan said.

“… The longterm impact on the students is tremendous.”

Thoen was removed from her classroom at Thomas Edison Elementary in late October after police installed surveillance equipment in her classroom that captured her assaulting a student Oct. 29.

The surveillance video was placed in the classroom with a search warrant after paraprofessionals in Thoen’s classroom complained about her behavior to the school district.

The school district contacted the St. Clair County Sheriff Department, asking for an investigation into “suspected child abuse.”

Thoen was working with seven to eight children between 4 and 6 years of age in each morning and afternoon session, many of them nonverbal.

According to a police report, the cameras authorities placed in the classroom recorded Thoen stepping on a child’s hand, pushing a student down onto a rug, stepping on a student’s leg or foot, and, on Oct. 29, dropping a child then kicking him the head and neck area.

Lindsay Schneider holds a photo of her child who was identified as an assault victim of teacher Shirley Thoen. Schneider spoke during the sentencing of Thoen Thursday, Jan. 14 in 72nd District Court in Port Huron for two counts of assault and battery of her students. Thoen was sentenced to 93 days in jail, with 73 days suspended upon completion of probation.

Thoen was removed from the classroom that day.

During her sentencing Thursday, Thoen said the parents’ outrage at her actions was justified.  Becoming emotional, Thoen said she never meant to hurt anyone and asked for their forgiveness.

“I am not the person that is depicted in the news media,” Thoen said. “I am not a monster, but a person who made terrible mistakes.”

Lindsay Schneider, the mother of one of the student’s listed in the charges, showed a photo of her son taken on his first day of school to Monaghan. She said her son displayed an aversion to school and the bus, but was unable to express it verbally to his parents.

“I never got to know my child was hurting all of those months,” she said through tears Thursday. “I kept him in an environment that I assumed was safe because people around me — principals, administrators and the defendant herself — gave me a false sense of security.”

Chief Assistant Prosecutor Mona Armstrong said Thoen was not charged with child abuse because one of the elements required for a child abuse charge was clear evidence of injury, or clear intent to injure.

She said that while some of Thoen’s behavior may have been inappropriate for the classroom, police and prosecutors acted as soon as there was clear evidence of assaultive behavior Oct. 29.

She said Thoen’s behavior was not an outburst, but was a purposeful act.

“The trust that a parent places when you take your child to school, you can’t overstate that,” Armstrong said.

"In this circumstance, not only did the defendant fail to protect these children, particularly the two children that are the subject of the complaint, but she victimized them and she caused agonizing pain for those families and those parents."

Armstrong said Thoen’s actions affected more than just the two children listed in the charges. She said the video of Thoen kicking a student also shows “a little girl who was watching it happen.”

“As she watches this incident happen in front of her she goes silent and she slowly walks away,” Armstrong said.

Armstrong said the paraprofessionals who came forward and the investigation by the sheriff department were instrumental in putting a stop to Thoen’s actions.

Thoen’s lawyer, Matthew Lozen, acknowledged that Thoen created a severe breach of trust, one that would take a long time to heal.

He also noted Thoen took responsibility for her actions and that her personnel file doesn’t indicated past issues over the 36 years she worked at the district.

“You can’t do that without having a heart, without wanting to have these kids succeed,” Lozen said.

Thoen was taken into custody after her sentencing.

Contact Beth LeBlanc at (810) 989-6259, eleblanc@gannett.com, or on Twitter @THBethLeBlanc.

Investigation timeline:

Sept. 15, 2014: Initial investigation begins into suspected child abuse in Thoen’s classroom. Teacher aides alleged “over a period of possibly several years they have observed this teacher being highly aggressive with the children.” The investigation concluded without enough information to proceed with a criminal complaint.

May 1, 2015: Thoen evaluated as effective and recommended for continued tenured employment.

Early September: Paraprofessionals report Thoen’s “inappropriate” behavior to school administrators. They are told to keep a journal of incidents.

Sept. 25: Port Huron Schools contacts St. Clair County Sheriff Department. Detective interviews paraprofessionals, who express concern about Thoen’s “inappropriate” behavior.

Oct. 1:  Search warrant signed for placement of video and audio in Thoen’s classroom.

Oct. 4, 5: Video surveillance installed, remote access established.

Oct. 30: Thoen put on administrative leave.

Nov. 3: Camera removed from school.

Nov. 5: Sheriff department receives a letter notifying officials that Thoen had retained a lawyer.

Dec. 3: Thoen charged with assault and battery. She pleads guilty and retires from district.

Dec. 7: School district sends letter home with students, informing them of Dec. 8 meeting.

Dec. 8: School officials, detective, prosecutor meet with parents.

Jan. 14: Thoen sentenced to 93 days in jail, with 73 days suspended upon successful completion of probation.