BISMARCK (ND)
Bismarck Tribune [Bismarck ND]
November 29, 2024
By Brad Nygaard
Three Mandan Catholic school officials who were charged in criminal cases that were later dismissed assert in recently filed documents that potential damage to their professional reputations — and the school — is sufficient grounds for a judge to order case records sealed from public view.
Those assertions were made in affidavits filed by Christine and David Fleischacker and Thomas Hoopes. All three were charged with failing to act as mandatory reporters in connection with alleged sexual assaults made by a male student against female students at the School of the Holy Family during a period beginning in 2020 and ending in
2023. During that period, David Fleischacker was the school’s principal, Hoppes served as assistant principal and Christine Fleischacker was the school’s director of science, according to an affidavit. Charges against them ultimately were dismissed in favor of them attending training on reporting abuse to the proper authorities, which is required by state and federal law of a host of professionals including educators.
Hoopes and the Fleischackers all have asked South Central District Judge Cynthia Feland to close public access to their case records. State law presumes criminal court records, in most cases, are open to the public, but exceptions are made under certain circumstances for matters including but not limited to juveniles, proprietary business information, autopsy reports and photographs, and certain domestic situations. Attorneys for the three officials during an Oct. 22 hearing offered that closing the records was appropriate since the cases were ultimately dismissed.
Feland maintained that the motions themselves didn’t provide sufficient grounds to close the records — even with the agreement of the prosecutor in the criminal cases — and noted a dismissal of charges doesn’t automatically qualify as legitimate grounds to close the records from public view. She ordered attorneys to file supplemental affidavits on behalf of Christine Fleischacker and Hoopes outlining why the records should be closed. Those documents have now been filed.
Under court administrative rules, a judge may order a record closed if a petitioner demonstrates that maintaining the presumption of openness could adversely impact individual privacy rights, proprietary business information, public safety, or create a risk of injury to individuals. Other options available to the judge under the rules include ordering redactions or imposing partial restrictions.
Hoopes’ and Christine Fleischacker’s affidavits, filed in late October, claim that maintaining a presumption of openness will negatively impact their personal and professional reputations and potentially negatively impact the school.
“A dismissed charge is often viewed in the same manner as a criminal conviction,” Hoopes’ affidavit states. “Allowing the public to remotely access this court record will negatively and unfairly impact my reputation and ability to serve as a school administrator and unfairly impact the school and students whom I love to serve.”
Christine Fleischacker points out in her affidavit that she has no prior criminal history and says if records in her case are left open to public inspection “people will believe I am not qualified to continue working in education.”
Noting she was a “central team member” in the founding of the School of the Holy Family, Christine Fleischacker maintains, as does Hoopes, that public access “may needlessly prompt concerns for many parents not to send their children to our school, jeopardizing the school’s success and my career of building up Montessori adolescent students.” In his affidavit dated Oct. 1, David Fleischacker contends sealing records from public view does not constitute “special treatment.”
“I am asking the court to seal the records because of the effect that public access to this case, dismissed after only six weeks, will have on my 40-year unblemished career and the unfair skepticism it will create towards a wonderful school,” Fleischacker wrote.
As of Friday, records in all three cases remained open.
Hoopes responds
To date, none of the officials or their attorneys have responded to Tribune requests for comment.
Hoopes in a letter to the editor published in the Tribune on Nov. 8 said previous reporting by the newspaper on the matter was not accurate because “this is not an abuse case.”
Hoopes was among four people associated with the school who were criminally charged with failure to report child sexual abuse or neglect as required under state and federal law. Hoopes is currently listed as the school’s principal, while David Fleischacker is noted as a Montessori Mentor, according to information on the school’s website. Christine Fleischacker is not listed among school faculty or staff. The fourth person, the Rev. Joshua Waltz, serves as pastor at the Church of St. Joseph in Mandan and at St. Joseph Montessori School and at School of the Holy Family. Court records pertaining to a criminal case filed against Waltz have already been ordered sealed. Because of that order, it is impossible to determine which of the 10 district court judges signed the order.
David Fleischacker is currently listed as chairman of liberal arts at the University of Mary. Christine Fleischacker is listed on the university’s website as an associate professor of science and a Catholic Studies fellow. In his letter to the editor, Hoopes states “Our faculty and staff are trained mandatory reporters.” Court records obtained by the Tribune indicate he and the Fleischackers obtained their training as mandatory reporters after charges in their respective cases were filed. Morton County Special Assistant State’s Attorney Todd Schwarz told Feland during the Oct. 22 hearing that he dismissed charges because he “wanted them to get the training.”
Documents associated with all three non-sealed cases indicate the charges — each a Class B misdemeanor carrying a maximum sentence of 30 days in jail and a fine of up to $1,500 — were filed on June 26. Records from the state Department of Health and Human Services indicate Hoopes completed online training as a mandatory reporter on Aug. 7, and that David and Christine Fleischacker completed similar training on Aug. 5 and Aug. 8, respectively. HHS under state law handles mandatory reporting of suspected child abuse and neglect.
Court records indicate that once all three officials had submitted proof of course completion, the charges were dismissed. Court records indicate David Fleischacker’s charge was dismissed on Aug. 8, Christine Fleischacker’s on Aug. 12 and Hoopes’ on Aug.
27. Attorneys representing all three then filed motions requesting court records pertaining to the cases be shielded from public access.
“These cases were dismissed in five weeks,” attorney Lloyd Suhr, who represents David Fleischacker, told Feland during the Oct. 22 hearing. “A presumption of openness should be lifted.”
Abuse detailed
An affidavit filed by a Mandan police officer states three female students enrolled at the school made complaints either to the Fleischackers or Hoopes after incidents involving a boy identified as a male student between the ages of 16 and 17 who allegedly sexually assaulted them. The boy ultimately was expelled in late 2023 for other incidents not directly related to sexual conduct against the girls, according to the affidavit.
The girls reported multiple instances in which the boy touched them inappropriately, made inappropriate comments and left messages that could be perceived as sexual in nature, according to the affidavit. The document also says the boy spied on girls while they changed clothing for Mass and had reportedly been observed masturbating in an empty classroom. In one instance, according to the affidavit, David Fleischacker allegedly told a school employee “all the girls are lying.” In reference to another incident, the affidavit states Hoopes allegedly told a female student who reported being assaulted “the only recourse a student had to report a complaint or grievance is to go to a teacher or Joshua Waltz (Father Waltz) to address the issue.”
In another instance, a girl reported incidents to multiple teachers and administrators but none of them reported the incidents as required by law, according to the affidavit. One of those staff members reportedly told the girl she should pray for the boy.
Reach Brad Nygaard at 701-250-8260 or Brad.Nygaard@bismarcktribune.com