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NewsWednesday, May 2, 2007 2:56 PM CDT
Professor acquitted in kissing, battery case
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BLOOMINGTON — A former theater professor at Illinois State University was acquitted Tuesday of battery and official misconduct charges that said he kissed a student who contends the attention was unwanted.

Theater professor Patrick J. O’Gara, 63, faced two counts of official misconduct and one count of battery at a bench trial before Judge Scott Drazewski.

The judge granted a defense motion for a directed verdict that dismissed the official misconduct counts at the conclusion of the state’s case. He acquitted O’Gara of battery after hearing from the defense’s single witness.

Drazewski cited testimony from ISU senior Jay Worthington that the professor had kissed the student at least 50 times over the course of a year without being told that the behavior was bothersome.

“The charges make for good theater but the state is required to prove the charges,” Drazewski said in making his ruling.

He said O’Gara may have violated a directive from the university to stop the conduct, but the matter should not necessarily have ended up in a criminal-court room.

After the acquittal, O’Gara exchanged hugs with a large crowd of supporters who surrounded him in the courtroom.

In comments afterward, O’Gara said he was “over the moon, after eight months of going to bed every night with a weight on my shoulder that I didn’t feel was justified.”

The theater professor said he was surprised by the allegations that his hugs and kisses were considered battery.

“I am a very expressive, emotional man. I’d never been told by anybody that I had been offensive,” he said.

Worthington testified that he filed two complaints with the university’s affirmative action office regarding the hugs and kisses. He admitted those complaints came after he was kissed many times.

The professor was told, according to testimony from ISU ethics officer Shane McCreery, to stop the behavior after Worthington’s first complaint near the close of the spring 2006 semester.

On Aug. 18 alone, the student and professor had three encounters prior to auditions for school theater productions.

“He grabbed me rather forcefully, pulled me in and kissed me for an extended period of time on the mouth,” Worthington said of his contact with O’Gara. He described the kiss as open-mouthed, “a romantic, sexual kiss.”

Worthington said he believed the contact was made “as a sign of power, a bullying aspect, to show control and authority.”

The student said he did not challenge his teacher for fear of retaliation. He denied that his reports to university officials and police were related to his opinion that O’Gara should not be head of the acting department.

Theater student Michael Miserendino viewed O’Gara’s behavior with students differently. He said the encounters were non-threatening and helped students set aside any inhibitions they may have about showing their emotions.

“To be truthfully honest, I did not mind” the contact, he said.

Assistant State’s Attorney Jane Foster argued that O’Gara’s behavior was inappropriate.

“This professor should have known you don’t kiss your students, the people you supervise,” she said.

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Reader comments on this story - 30 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Overkill wrote on May 2, 2007 9:32 PM:

" It's not a matter of whether it was just wrong. Lots of things can be wrong, but not illegal. Sexual harassment is wrong and can lead to a civil suit, but may not be criminal. Or something can be wrong and a misdemeanor, but maybe not a felony. The problem is when you have prosecuotrs who want to charge the maximum thing that they can conceive under a law. Just because you think it might conceivably fit under a statute does not mean that you HAVE to charge it that way. But that happened here and it seems to happen often. Maybe that is why we have a county clerk under felony indictment over some alleged postage stamps. "

To everyone wrote on May 2, 2007 6:25 PM:

" who says that Professer O'Gara's life was ruined...I say this. No doubt this was the most difficult period of his life and it is a deep shame that his career at ISU ended this way. But whatever doesn't kill you makes you stronger as the saying goes. Now he is free to move on and turn this terrible ordeal into someting positive. Who knows, maybe he will be teaching again in the fall. "

Greetings wrote on May 2, 2007 6:19 PM:

" come in all forms...hand shakes, hugs and yes kisses. This 'grabbing, pulling and open-mouthed kiss' thing did not happen. The man is innocent of these false charges. He has said so and the court has deemed is so. It is so. This man was put on trial because of the way he greets people. It is really a sad comment on our society...but it's over. He was victorious. Patrick had the courage to fight these ridiculous ACCUSATIONS...that is what they were all along...accusations that were proven false. "

apology wrote on May 2, 2007 4:39 PM:

" the prosecutor should apologize to the professor. His distinguished career is surrounded by a cloud of suspicion even tho he was not guilty. "

concerned wrote on May 2, 2007 3:18 PM:

" I am still concerned that no one (or very few people) has a problem with this. If this were a female student and the male teacher continuosly kissed her even after being told to stop you people would be in an uproar. The professor never even denies that he did it. How is that not harrassment at least? "

To KP wrote on May 2, 2007 2:57 PM:

" So you are saying that Theater Professors are not to be held accountable like everyone else. That they are "Special". I did not know that Theater Professors were above the law I am sorry that I judged him like one of the commen people! "

Pas de Deux wrote on May 2, 2007 2:40 PM:

" You should see what the male Dance professors do to say hello! "

Grumplestiltskin wrote on May 2, 2007 2:39 PM:

" This newspaper (such as it is) should find out how much taxpayer money was wasted by the on this stupid (albeit somewhat nauseating) trial. Somebody once told me that the bottom half of the class at law school ends up working for the government, and I guess they were right. And moxie is spelled moxie, not moxy. "

KP wrote on May 2, 2007 2:07 PM:

" Obviously a lot of the people making comments were never theatre majors. Theatre professors have a different kind of relationship with their students than other professors and "supervisors" do. It's not like O'Gara is the only prof who ever kissed a student. I mean, please! And, the commenters, just like the student in question, have some growing up to do. If you don't want someone to kiss you, you tell them so, you don't wait until you think you have something to gain by pressing charges, which is what this brat obviously did. The judge was right, it made for "good theatre," not a crime. "

Dazed and Confused wrote on May 2, 2007 1:58 PM:

" I guess, I need to throw out this hugs not drugs poster. "

To: About Jane Foster wrote on May 2, 2007 1:04 PM:

" Moxy? Going to trial without hard evidence is irresponsible at best and down right unethical at worst. North Carolina prosecutors are in hot water because of the Duke thing for the same reason. Beyond the ethical limitations of going forward with a case like this for the "theatre" element, Jane Foster is destroying an otherwise innocent man's legacy. Forever. "

Papers wrote on May 2, 2007 12:19 PM:

" He kissed someone who did not want to be kissed. It is criminal if you ask me. And to all who are saying this poor mans life has been ruined then maybe he should of thought about that before he went around kissing people who dont want to be kissed. Besides He had to leave his job over it, no matter if this kid pressed charges or not it still would of made the papers. "

Queasy wrote on May 2, 2007 12:15 PM:

" My comment after reading this article? I could barf! "

About Jane Foster wrote on May 2, 2007 9:41 AM:

" This county would benefit by having more prosecutors like her. She takes a case to trial even if she knows she might not win. I call that moxy. This professor's actions disgust me and I'm personally glad Jane had the guts to make him stand trial. All you armchair prosecutors are just ignorant about the legal system or biased against Jane or for this professor. "

I think it's very entertaining wrote on May 2, 2007 8:45 AM:

" what people (person) will say when they think they are incognito. How shady people are who think that this is ok behavior. Jane - good effort. If you would have let this one go then you know you would have heard about that decision from the cowards who post on this board. You just keep doing what you think is right and JC and the gang can just keep hiding behind their made up names in order to make statements that make moste people wonder about their own moral benchmark. "

Jennifer wrote on May 2, 2007 8:32 AM:

" To to jennifer: No, I would not. "

frivolous wrote on May 2, 2007 6:24 AM:

" This criminal proceeding is ridiculous, and yes, I would say the EXACT same thing if the so-called victim were female. This was nothing more than our backwater hillbilly town trying to persecute a perceived homosexual act. SHAME ON YOU! We oughtta demonstrate down at Jane's office, but we won't. Put this behind all of us and move on. The student, Jay W, should feel like a heel for doing this to a distinguished man like Prof O'Gara. Impeach Jane Foster, toss her out! "

to "to jane foster" wrote on May 2, 2007 6:09 AM:

" ditto your comments except as to shane mcreary. didn't he handle this inside the department which would have been the right thing to do? who is this jane foster anyway? she should have used some common sense. "

To Jane Foster wrote on May 1, 2007 9:24 PM:

" SHAME ON YOU! And shame on Shane McCreery, too! You both are going after your own political careers and leaving O'Gara's destroyed life and career in your wake. He was 63! He was forced to retire from ISU and put an end to his career in such a horrible way. This certainly should have been handled by ISU (as it was) and kept out of the courts. FELONY? PaaLEASE! If Jane Foster doesn't have a smoking gun or hard evidence in cases like these, she has as much legitimization charging them as the prosecutors in the Duke Lacrosse scandal. Just think how those boys lives have been disrupted due to merit-less charges. Shame on you, Miss Foster...perhaps the Illinois Bar needs to take a hard look at the ethics involved in Jane Foster's actions. "

reader wrote on May 1, 2007 8:45 PM:

" Best place to get away with breaking the law is ISU. "

Justice... wrote on May 1, 2007 8:29 PM:

" was served. Great result. Shame on the D.A./States Attorney for wasting taxpayer money prosecuting this meritless case. "

evidence.... wrote on May 1, 2007 7:27 PM:

" .....in this case was so weak that the judge did not consider it to have merit. Good going states attorney! embarassed another person. "

To Jen wrote on May 1, 2007 4:56 PM:

" Unwanted touching (in this case the kiss) is a battery in Illinois. If he does it on a public way, then it is aggravated battery which is a felony. That's the law. If you don't like it, contact your congressman. I for one don't want anybody kissing me on the mouth unless its my husband. If it happens, they should expect forceful resistance and a call to the police. "

Jen wrote on May 1, 2007 4:15 PM:

" So, when a guy is drunk in a bar hits on a girl and she says no, then tells the bartender that he's being annoying and his advances are unwanted, if he goes back and tries to hit on her again, or god forbid plant one on her cheek, he should be arrested? I think not. He should be ousted from the bar. Which is basically what happened to the Professor. He got Ousted. Filing criminal charges seems both a bit extreme and ridiculous at the same time. The judge was correct in his ruling. By the way, Professors are still allowed to carry on sexual relationships with students; it's not against the law. It is however, against most university policies. "

Legal issues wrote on May 1, 2007 3:16 PM:

" I believe there's a law in Illinois that holds public school employees to a higher standard because of the teacher/student relationship. It's against the law to do what the professor was accused of. Too bad there isn't enough evidence to convict. "

IAR wrote on May 1, 2007 2:17 PM:

" Anyone defending that professor better just think about how they would feel about a male professor treating a female student like that. The professor would already be in jail and the university would be paying a huge sexual harrassment settlement. "

Same set of rules wrote on May 1, 2007 2:16 PM:

" No means no, whether the theater or not. "

to jennifer wrote on May 1, 2007 2:14 PM:

" woukld you think diffrently if the student was a woman "

still... wrote on May 1, 2007 1:47 PM:

" Theater or not...the teacher is in a position of authority. If the student filed a complaint and the professor still behaved this way, that is not appropriate. "

Jennifer wrote on May 1, 2007 1:17 PM:

" I'm not exactly clear on how he felt threatened. However, I do think if he did not want that type of contact, then the prof should have respected that decision. At the same time, it's theater, darling, just theater. "

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