Courtesy of Berkeleyside

Berkeley High School

An out-of-court settlement was reached last week on the restraining order against Anthony Smith, a counselor at Berkeley High School accused of sexually harassing a 16-year-old female student.

Stephen Rosenbaum, an attorney who represents the student, said he is still pressing the Berkeley Unified School District to remove Smith from campus. Rosenbaum says he is considering a lawsuit against BUSD.

Smith voluntarily agreed to abide by the terms set out in the restraining order even though that order is no longer in effect. His lawyer, Kimberly Fanady, said Smith will stay at least 50 yards away from the student and refrain from communicating with her.

The resolution followed an Oct. 19 order by Alameda County Superior Court Judge Taylor Culver giving Smith and Rosenbaum a week to settle the case.

Smith was accused last year of asking the student inappropriate questions, hugging and caressing her and spanking her buttocks. Smith has denied the accusations. In a July 12 letter to the student’s parents from BUSD’s Interim Director of Personnel Services Cliff Wong, the school district said it had found that Smith “engaged in inappropriate and unprofessional behavior contrary to District policy.” The letter stated that the district would be “taking appropriate personnel action” against Smith.

Rosenbaum appealed, arguing that the BUSD had denied that Smith had engaged in sexual harassment. Rosenbaum said he received an email from BUSD Superintendent Bill Hewitt acknowledging the appeal and confirming that it was under review. All questions on the case are being referred to Delia Ruiz, the BUSD’s assistant superintendent for human resources

Ruiz told Berkeleyside she is unable to comment on the case. Smith declined to talk to Berkeleyside. Rosenbaum told Berkeleyside he is exploring his next options.