In March 2015, Berkeley High School chemistry teacher Matthew Bissell received a letter from the principal stating that Bissell’s inappropriate behavior towards female students was unacceptable. Records show that from as early as 2006, school administrators addressed complaints that Bissell made inappropriate comments and stared at female students. Between 2015 and 2018, he received multiple written reprimands for unprofessional behavior and sexual harassment. Despite these records, Bissell continued teaching at BHS for years. In 2021, the district substantiated allegations from a former student who reported repeated sexual misconduct occurring between 1999 and 2003, leading to Bissell\u2019s removal from the classroom.\u00a0<\/p>\n
The disciplinary records became public only after Berkeleyside requested them under the Public Records Act and threatened legal action, revealing that some complaints described by former students could not be located in district files. The district ultimately reached a separation agreement with Bissell that allowed him to resign while on paid leave, and the agreement included confidentiality provisions limiting what district officials could publicly disclose. The case drew attention to how complaints of misconduct are handled, documented, and escalated within the district, as well as the length of time between initial concerns and formal action. \u201cIt can take years, especially with tenured teachers,\u201d Jasmina Viteskic, Berkeley Unified School District’s Title IX coordinator, said. Each investigation has to follow a clear step-by-step process, one that can feel prolonged for everyone involved.<\/p>\n
Since the Bissell case, the district has made some changes, having established the Superintendent\u2019s Gender Equity and Sexual Harassment Advisory Committee, and developed new policy and staff training on how to maintain appropriate adult to student interactions. While there have been no reported cases of the same severity of unacceptable behavior for the past five years, BHS students describe continued unfair and harmful treatment from teachers, and experiencing the complicated reporting process that follows.<\/p>\n
Concerns persist about delayed action and limited transparency are not confined to the past. Staff members are required to report any \u201cknown or suspected instances of child abuse or neglect,\u201d according to the American Civil Liberties Union. \u201cWe are mandated reporters,\u201d a BHS teacher who will be mentioned in this article under the pseudonym Sinclair, said, \u201cIf we hear anything, even secondhand, we have to report it to the administration.\u201d After a report is made to the administration, investigation processes are always triggered, no matter the severity of the report.<\/p>\n
A lack of transparency can feel frustrating for anyone involved in filing a complaint. But legally, administrators are bound by confidentiality and personnel laws. The Family Educational Rights and Privacy Act protects student reports and records, enforcing that identifiable student information be withheld from the public without parental consent. \u201cWe do most of the investigation before the respondent even knows,\u201d Viteskic said. In order to prevent retaliation and allow proper evidence to be collected, BUSD intentionally limits the information accessible to the public.<\/p>\n
The Bissell case is not just a closed chapter in BHS history. Research shows that educator misconduct is both more common and more underreported than many assume.\u00a0<\/p>\n
A PubMed study found that 11.7 percent of students reported experiencing at least one form of educator misconduct during grades K-12, with most perpetrators being male.\u00a0 Some analyses estimate that nearly 90 percent of victims do not report abuse at the time, often due to fear or shame. These statistics suggest that what is officially documented in district files likely represents only a fraction of what students experience. \u201cI don\u2019t think the number of complaints represents the number of incidents,\u201d Viteskic said.<\/p>\n
Not all complaints rise to the level of criminal misconduct, but BHS students say that even behavior that does not meet a legal threshold can create lasting harm. An anonymous BHS student who will be refered to as “Patty” described a class environment where students felt belittled. \u201cA lot of students were struggling with learning in that class. (Our teacher) wasn\u2019t being very kind to people and was definitely making my classmates uncomfortable … This happened to the point where no one would even raise their hands to talk in class,\u201d Patty said. Fellow BHS students reported teachers for many other reasons: being shamed about learning accommodations, publicly reprimanded, receiving targeted remarks, and humiliated for crying.<\/p>\n
Students are put in a difficult position when misconduct is \u201cjust\u201d unkindness. \u201cIt\u2019s hard to know when to speak up since it’s not like (my teacher is) doing anything to such an extreme extent, but at the same time it really does feel quite bad,\u201d Patty said. Even among educators, the line between concerning behavior and reportable misconduct can be unclear. \u201cSometimes the nuance gets slippery,\u201d Sinclair said, \u201cIt\u2019s hard to differentiate between an incident and weird behavior.” However, for Sinclair, the threshold is simple: \u201cAnytime a student feels uncomfortable with an adult, that constitutes something.” BHS Principal Juan Raygoza also emphasized this. \u201cEvery student report leads to action,\u201d Raygoza said, \u201cWhat that action is, of course, varies.\u201d<\/p>\n
Often when students do decide to speak up, the response they receive can feel unsatisfactory. Anonymous BHS student “Daisy” said that when she sought help from a counselor about a harmful classroom environment, she was told the only solution was to drop the class, which didn\u2019t feel like a possibility due to her concern of harming her college transcript. \u201cWhen I brought up these concerns to my counselor and suggested hiring a new teacher, (the counselor) said, \u2018No, there\u2019s no one you can talk to for that,\u2019\u201d Daisy said.\u00a0<\/p>\n
Counselors say these classroom dynamics can have clear academic and emotional consequences. Tiffany Liew, a BHS counselor, explained that when students feel unsafe, avoidance often follows. \u201cWhen you don\u2019t feel safe in a classroom it can affect your self-esteem, it can trigger your anxiety,\u201d she said, \u201cWe start to see students not turning in homework, avoiding class, or struggling on exams we know they\u2019re capable of.\u201d\u00a0<\/p>\n
BUSD has formal procedures for reporting misconduct. Complaints can be made to administrators, Title IX coordinators, or district officials. Additionally, there is a complaint form accessible on the Berkeley Public Schools website. In theory, reports should trigger documentation, investigation, and when necessary, corrective action. However, students and parents describe a different reality: delayed follow-ups, vague updates, and informal resolutions. The confidentiality laws that the district is bound by often limit their ability to provide substantial updates during ongoing investigations.<\/p>\n
In practice, school counselors often act as the first point of contact in that process. Rather than immediately escalating concerns, Liew said students are typically encouraged to start with direct communication. \u201cThe most important thing is to try to talk to your teacher directly,\u201d she said. From there, concerns may be escalated step by step, and only later become formal incident reports that prompt investigation.\u00a0<\/p>\n
For Sinclair, students receiving delayed responses from administration raise broader concerns about institutional priorities. \u201cIt\u2019s not doing enough,\u201d Sinclair said, \u201cWe\u2019re protecting the wrong people.\u201d Their concerns echo criticisms raised in the Bissell case, where documented complaints accumulated over years before action was taken. The tension between student safety and legal protections for staff is a constant presence. \u201cWe have an obligation to students but also to give staff due process,\u201d Viteskic said.\u00a0<\/p>\n
Students facing teacher misconduct are not necessarily looking for teachers to experience punitive outcomes. Some, such as Daisy, simply want classrooms where they feel safe asking questions and supported in learning. \u201cStudents want to learn,\u201d Daisy said, \u201cIf teachers can\u2019t teach, then there needs to be a better solution.\u201d\u00a0<\/p>\n
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