An independent school in Middletown, DE for students in Preschool through Grade 8

Press Releases

February 6th, 2025

As we continue to recover and heal from the most disturbing event our school has faced,  we write to keep our community informed, so you know what we know.1  

From 2014 through 2019, our former Head of School was an administrator at St. John’s  Episcopal Academy in Tampa, Florida. From 2019 through February 1, 2022, he was the Head of  School at Southfield School in Shreveport, Louisiana. From 2022 through June 30, 2024, he was  the Head of School at St. Mark’s Episcopal Academy in Cocoa, Florida. 

The volunteers on the search committee worked nights and weekends interviewing and  discussing candidates, reviewing documents, and checking references. They interviewed eight  semifinalists on Saturday and Sunday, November 18 and 19, 2023. Trustees and community members interviewed three finalists on campus November 30 through December 8, 2023. 23  parents, 22 faculty, 8 staff members, 6 administrators, 3 Trustees (who were not on the search  committee), 4 past parents, and 62 students (grades 3-8) provided feedback, which the committee considered. He was hired December 11, 2023. 

As reported previously, the DOJ confirmed he had no red flags. A more recent professional  background check of all reporting United States jurisdictions reveals one charge in California,  against someone who had the same name but a different date of birth. A suspended license charge was dismissed. To avoid discriminatory hiring practices, the EEOC advises to factor only  convictions into hiring decisions. https://www.eeoc.gov/laws/guidance/enforcement-guidance consideration-arrest-and-conviction-records-employment-decisions

Trustees reviewed surveys from his seven references - St. John’s Episcopal Academy (2),  Southfield School (2), St. Mark’s Episcopal Academy (2), and the Florida Council of Independent  Schools (1). The search firm authenticated respondents’ ISP addresses. All seven confirmed that  they would work with him again and universally awarded the highest score for meeting or  exceeding expectations and good decision making. They provided subjective feedback in addition  to objective responses. None expressed concerns of the sort mirroring the allegations that have  since come to light. A Trustee contacted each reference between November 27, 2023 and  December 11, 2023. Each confirmed their references and provided glowing accolades.2 

His then-current employer informed us that they knew he would only be there a short time,  because eventually he would move on to a bigger school in the northeast, where he was from and  went to school, and to be near his wife’s family. They had no concerns and valued him.  

We obviously were concerned with the mid-year departure from his penultimate prior employer, and thus we probed the issue. We learned of two reasons for his departure, both of  which were benign, and not inconsistent. A positive reference letter from Southfield lauded his  many accomplishments and expressed no concerns. It identified relocation as the reason for  separation. We questioned him and his wife, who said the departure was due to his COVID  policies that angered the board, which wanted a return to lax COVID policies, and blamed him for  excluding the community during COVID. Our search firm confirmed it had heard that the COVID  issue prompted his departure. That reason was corroborated when a Trustee questioned a  Southfield reference, who sat on the committee that hired him at Southfield. She disclosed no red  flags, and denied any investigations, allegations, or administrative leave. 

The School began our former Head of School’s child care licensing process on July 17,  2024. His prior two employers delivered completed service letters to DSCYF. Both employers  affirmed that there were no concerns. His immediate prior employer even stated that they would  rehire him. DSCYF confirmed on September 24, 2024 that he was eligible for school employment.  Their investigation utilized child abuse protection registries, State and FBI background checks,  and perhaps other resources. This is important because DSCYF’s role, resources, training and  legislative mandate are to identify predators. Even DSCYF did not detect warning signs. Similarly,  on September 18, 2024, the Florida Department of Children and Families confirmed that he had  no child abuse history. 

Rumors abound about misconduct in Louisiana. That employer provided service letters to  two state agencies and a positive letter of reference to us. The employer expressed no concerns.  A Trustee confirmed the absence of concerns with two of its employees. And, he thrived at St.  Mark’s, which provided glowing accolades. We relied on a reputable national company to conduct  a criminal background check. Like the DOJ, DSCYF and Florida, they found no red flags.  Unfortunately, we know the system is not foolproof.  

We continue to seek an interim Head of School. All visitors entering the building now  receive an instant background check through the Raptor system, and must scan state-issued  identification. All locks and access codes are changed. News regarding further security  enhancement will be forthcoming once we meet with a vetted security consultant.  

At the time of this communication, our former Head of School remains incarcerated. The  DOJ will seek modifications to his conditions of release (if he makes bail) requiring a GPS-linked  ankle monitor with a geofence around school property. The DOJ confirmed that images and videos  of our sporting and other events are not among what he uploaded.  

We are all victims with questions and are confronting a range of emotions. As Trustees, we are suffering from compound grief. We take seriously our responsibility to safeguard the  school, its mission, its values, and above all our children, and to hold ourselves accountable- to  learn from this experience, to help others heal, and to lead in crisis.  

Despite due diligence, evil remains hidden among us. Either the references lied, the  references were unaware, or the swirling social media rumors are not entirely accurate (or some  combination of the above). In the future, we will face another set of difficult decisions. Our  counsel informs us that we have at least two years to file suit against those who put us in this  position. There is a desire for justice and accountability, and perhaps even a thirst for vengeance. 

Any such decision will be made in prayer and consultation with our Bishop as we seek to live up  to our Episcopalian values of reconciliation, and forgiveness.  

Our former Head of School has a preliminary hearing at 8:30 AM on Monday the 10th. It  is in the Court of Common Pleas, Leonard L. Williams Justice Center, 500 King Street in  Wilmington. There are surface lots nearby and an adjoining garage. The courtroom will be listed on the TV monitors. This is a brief proceeding lasting only a few minutes. There is a chance the  prosecutor will present the lead investigator to establish probable cause for the arrest, but it is  highly unlikely. The defendant will most surely waive this hearing. Even if he does, the DOJ will  pursue the aforementioned bail revision. 

  

1 This update references many documents. Any parent or guardian may view the referenced  documentation, but we cannot publish the documentation. Reach out to the school if you wish to  view this documentation. 

Abbreviation index- Equal Employment Opportunity Commission (EEOC); Delaware  Department of Justice (DOJ); Delaware Department of Services for Children, Youth & Their  Families (DSCYF). 

2 A date-stamped email from December 9, 2023 confirmed reference check completion.

 

 

February 3rd, 2025

On Saturday, February 1, 2025, the St. Anne’s Episcopal School Board of Trustees voted unanimously to terminate, and did terminate, the employment of Head of School Justin Lee Smith.  A letter of trespass had been issued to ensure his prohibition from the St. Anne’s Episcopal School Campus and access to students.  In addition, we are working with the Delaware Department of Justice on additional electronic prevention measures, including geofencing, should he be released.

 

 

January 31st, 2025

Dear St. Anne’s Community, 

I write on behalf of the St. Anne’s Episcopal School board of trustees with shocking and deeply troubling news.

The Delaware Internet Crimes Against Children Task Force arrested Head of School Justin Smith earlier today. The charges involve child sexual exploitation using the internet. He is barred from campus and placed on administrative leave. We are sincerely grateful to the DOJ for completing their investigation very rapidly. We are cooperating fully with law enforcement.

Thankfully, there is no suggestion or evidence that a child of St. Anne’s Episcopal School or its community is a victim. Given the broad scope of the investigation to date, we do not expect further investigation to give rise to additional concerns or anything involving our community. Smith is not charged with contacting a child, and investigators are not currently aware of any victims affiliated with the school or community; however, given the nature of his work and the fact that it brought him into regular contact with children, the State is seeking any information the public may have about this case. Anyone with information should contact the Delaware ICAC Task Force at (302) 739-2030.

This is devastating. It evokes grief, anxiety, fear, anger, and myriad other emotions. Nevertheless, we are in the process of developing a plan of action to meet the needs of all our students, parents, faculty, and staff. Helping families cope with this situation is the priority. Counseling is available at the school for students, and we are exploring solutions to increase that availability.

It is our fundamental commitment as a school to ensure that child predatory behavior has no place at St. Anne’s, and we did everything in our power to make certain that something like this would not happen in our community. We ran a background check, and we checked references. There were no red flags. But, the reality is that sex offender registries, criminal background checks, and reference checks are not guarantees that something unlawful will not occur.

The Board, administration, faculty, and staff must make important decisions in the coming days, and will work diligently to appoint an interim Head of School, determine whether there should be age-appropriate messaging to students, and identify other ways to support the well-being of students and our community.
We anticipate that additional information will be shared as it becomes available.

Any inquiries shall be directed to Harry Baetjer (hbaetjer@saintannesschool.org).

Sincerely,
Harry Baetjer, President, on behalf of the Executive Committee of the Board of Trustees