The Downey Patriot

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Warren High band director to resign after investigation confirms inappropriate behavior

DOWNEY - Warren High School Band Director David Niemeyer will resign from his position at the end of the school year after an internal investigation revealed that he had “behaved unprofessionally” towards students.

Over the summer, the Downey Unified School District was given a rude awakening when several current and former students took to social media to disclose their personal experiences with bullying, discrimination, racism, and sexual harassment while attending Downey schools.

Within the movement were several allegations pinned against Niemeyer – who has directed Warren’s band and color guard program since 2003 – and his staff and students, including one formal written complaint that was submitted to the District.

Niemeyer was subsequently put on paid administrative leave and all band activities outside of sectional practices with student leaders were halted.

Students have worked with a substitute since the beginning of the school year. In the meantime, the DUSD hired an independent outside firm – Liberati & Associates – to investigate the specific allegations against its director.

This investigation included more than 30 interviews with current and former students, booster volunteers and parents, and Warren administration and staff.

Having now concluded, DUSD released a statement earlier this week as well as emailing band parents.

The statement said, in part, that, “Upon reviewing all the facts gathered and after considering the totality of the circumstances, the investigators concluded conduct existed that violated District policies and expectations for professional conduct.”

“While it was concluded that the conduct did not reach the lawful definition of sexual harassment or a hostile work environment, Downey Unified recognizes the inappropriateness of this unprofessional conduct and remains committed to maintaining a school environment free of harassment. Accordingly, appropriate action has been taken in response to the investigators’ findings.”

Niemeyer will remain on paid administrative leave until the end of the school year when his resignation becomes official. His annual salary stands at $99,454.

David Neimeyer

Upon his official departure, the District will begin the process of recruiting a new director to lead the program, with the substitute continuing to teach the band until someone is hired.

Once a new director is selected, the District and Warren will work to bring back additional coaches, who will be hired through the District application process and selected by site administration.

The conclusion of the investigation comes as some relief to Sarah Gonzalez, who issued the formal complaint against her former band director. Gonzalez was a part of the band program from 2012 to 2016, and subsequently worked for the WHS Band Booster Club from June 2016 to November 2016.

Gonzalez expressed satisfaction with Niemeyer’s departure but said she wishes that the district had been harder on Niemeyer.

“I’m personally happy that he’s resigning, but I wish they would have just fired him,” said Gonzalez. “I feel like it just looks better that way.”

The District was legally required to contact Gonzalez and make her aware of the investigation’s results before they could release a statement to anyone else. Gonzalez received that letter late last week.

She expressed frustration in the District’s official statement that Niemeyer’s actions “did not reach the lawful definition of sexual harassment or a hostile work environment.”

“They say he violated district policies, but they don’t really say what they told me in the letter,” said Gonzalez.

Gonzalez shared the letter that she received from the District on Twitter, which said, “…Liberati & Associates sustained the allegation that Mr. Niemeyer behaved unprofessionally with students with whom he interacted with at WHS by making inappropriate and suggestive comments of a sexual nature.”

Still, Gonzalez says that she has been able to find some closure. She now hopes to start the process of healing.

“For me, it’s something that’s been haunting me since I graduated high school; it’s been five years,” said Gonzalez. “This is something I’ve dealt with for a long time.”

The Patriot reached out to Niemeyer via his official district email to ask for comment but received no response. The District was made aware of this attempt.