Published: May 12, 2009 09:06 pm      

COURTS: Former Newfane High School teacher waives felony hearing

NEWFANE — A former special education teacher accused of having an inappropriate sexual relationship with a student under the age of 17 will have his case heard by a grand jury.

Allan V. Grogan, 50, of Derby, appeared Tuesday in Newfane Town Court and waived a felony hearing.

Grogan, who resigned May 5 from his job as a Newfane High School teacher, was charged last month with multiple counts. They include first-degree disseminating indecent material to minors, a felony; two misdemeanor counts of third-degree endangering the welfare of a child; and four misdemeanor counts of third-degree sexual abuse.

Grogan was released on $5,000 bail after appearing in Newfane Town Court last month.

He has been ordered by the court to stay away from school facilities and the alleged victim.

During Tuesday’s hearing, Assistant District Attorney Elizabeth Donatello asked that the conditions of Grogan’s bail be changed.

Donatello asked that Grogan be held by the same standards as sex offenders.

“I don’t think he should be near any schools, not just Newfane schools,” Donatello said.

She also asked that he continue treatment and that he move from his current address in Derby, which she said is above a day care.

“I find that entire situation to be objectionable,” Donatello said.

Grogan said the management of the day care is “well aware of the situation” and that he could move “as soon as I get some money together.”

“I would prefer he move tonight,” Donatello said.

After some deliberation, Town Justice Gayle S. Maynard gave Grogan two weeks to move.

“Had the victim been younger, I think I would have been more inclined to immediately (make him move),” Maynard said.

Grogan’s arrest was the result of an investigation that began after a complaint was filed alleging Grogan was having an inappropriate relationship with the student.

Prior to his resignation, Grogan had been placed on unpaid administrative leave following his arrest.

He had been working in the Newfane School District since 2003.

School officials have said Grogan was put through the routine hiring process, which includes fingerprinting and discussions with previous employers and references.

Contact reporter April Amadon at 439-9222, ext. 6251