Former Bellingham Public Schools employee charged with a sex offense
A former Bellingham Public Schools employee was charged with a sex offense last month after he allegedly asked over social media to see a 16-year-old student naked.
Darious Nathan Powell, 23, was cited Jan. 11 for one count of communicating with a minor for immoral purposes, according to Bellingham Municipal Court records. He is pleading not guilty.
An anti-harassment order was also issued between Powell and the victim. He was released on his personal recognizance. His next court date is tentatively scheduled for April 3.
Powell was hired March 31, 2022, as a substitute paraeducator for Options High School in Bellingham and was in that position until June 17, said schools spokesperson Jacqueline Brawley.
Powell then started as a campus monitor at Kulshan Middle School on Aug. 29. He worked as a campus monitor at the middle school until he was fired in late November, Brawley said.
“We took immediate action when we learned about the accusations against Mr. Powell. We take any allegation of sexual harassment seriously and take swift action regarding any incident impacting a student’s ability to learn, thrive and feel safe in our schools,” Brawley said.
Powell was not arrested. After Bellingham police conducted an investigation late last year, the case was sent to the Bellingham City Attorney’s Office for a charging decision, said Bellingham Police Lt. Claudia Murphy.
The case did not rise to the level of a felony, Murphy said. It’s being treated as a gross misdemeanor.
Powell’s criminal charge comes as Bellingham Public Schools contends with separate allegations linked to a federal civil rights lawsuit. The complaint, filed in December, alleges the district mishandled a high school student’s sexual assault allegations. Three school district administrators have also been issued criminal citations in Whatcom County District Court, alleging they violated their mandatory reporting duties after the student in the federal lawsuit came forward with her sexual assault reports roughly a year ago.
The district has denied it mishandled the student’s sexual assault reports.
Communication
The investigation began Nov. 17, when school officials told Bellingham police that Powell had allegedly requested to see a 16-year-old Options student naked and had been recorded doing so, Murphy said. Powell allegedly made sexually suggestive comments to the student in chats and video messages on Snapchat in September, Murphy added.
Powell was placed on administrative leave and an internal investigation was also started by the school district, Brawley said.
Powell had previously worked at Options as a substitute paraeducator, but was working as a campus monitor at Kulshan Middle School at the time of the incident, Brawley said.
Campus monitors at secondary schools “help with supervision and maintain close connections with students,” the district’s website states. Campus monitors also assist in daily safety efforts during the school day.
The school district reported the allegations against Powell on Nov. 18 to the Washington State Department of Children, Youth and Families, Brawley said.
A formal Title IX complaint was filed on behalf of the female student by the district’s Title IX officer on Nov. 23, Brawley added. The victim was offered supportive measures to ensure she could fully access her education.
During the investigation, the district found Powell had failed to disclose a prior malicious mischief conviction. The district terminated Powell Nov. 28 because of the failure to disclose, Brawley said.
“In this case, because Mr. Powell failed to disclose his earlier conviction when he applied, we did not have an opportunity to weigh his specific conviction during the hiring process. Falsifying an application is a serious form of misconduct,” Brawley said.
Powell had not been the subject of any other complaints or accusations, and had not been previously reprimanded or disciplined by the district, she said.
A Bellingham police detective also conducted an investigation which determined Powell had communicated with the 16-year-old during a video conversation, according to Murphy. Chat and video messages sent by Powell to the female student helped to establish probable cause in the case, she said.
Resources
If you or someone you know is experiencing domestic violence or sexual assault, you can contact the following local resources for free, confidential support:
Domestic Violence & Sexual Assault Services: 24-hour Help Line: 360-715-1563, Email: info@dvsas.org.
Lummi Victims of Crime: 360-312-2015.
Tl’ils Ta’á’altha Victims of Crime: 360-325-3310 or nooksacktribe.org/departments/youth-family-services/tlils-taaaltha-victims-of-crime-program/
Bellingham Police: You can call anonymously at 360-778-8611, or go online at cob.org/tips.
WWU Survivor Advocacy Services at the Counseling & Wellness Center: 360-650-7982 or https://cwc.wwu.edu/survivorservices.
Brigid Collins Family Support Center: 360-734-4616, brigidcollins.org.
This story was originally published February 10, 2023 at 11:42 AM.
CORRECTION: The work location of the employee charged with a sex offense was updated with new information in the story and headline at 2 p.m. Friday, Feb. 10, 2023.
