Editor’s note: This story contains graphic descriptions of alleged crimes that some readers may find disturbing.
An Evergreen Public Schools substitute teacher — with a felony arrest history — is accused of exposing himself to and molesting a physically disabled female student in a classroom closet.
Mark A. Lugliani, 59, of Battle Ground appeared Wednesday in Clark County Superior Court on suspicion of third-degree child molestation.
The alleged abuse occurred March 29 but was not reported until earlier this month, court records say.
Lugliani was appointed a defense attorney, and his bail was set at $40,000. He will be arraigned May 30.
According to an affidavit of probable cause, Lugliani forced the girl into a classroom closet, where he inappropriately touched her and masturbated on her. The victim said that there were other occasions when Lugliani hugged, kissed and inappropriately touched her.
He attempted to have sexual contact with her again the next day, but she successfully refused. The victim didn’t see Lugliani again until May 3, when he asked her to meet him. That’s when she reported the abuse to a school counselor, the affidavit states.
This is the only incident that the school district has been made aware of, Evergreen Public Schools spokeswoman Gail Spolar said Wednesday.
Lugliani was immediately removed from the substitute teacher roster when the alleged abuse was reported, Spolar said. He had been an all-purpose substitute teacher with Evergreen Public Schools since January 2012, she said, and taught at the district’s middle and high schools.
Spolar said Lugliani subbed at an Evergreen Public Schools high school over four days in March — three of which were in the week of the alleged incident.
“We have been cooperating with the police investigation … and because he is a substitute, he doesn’t have an assigned class,” Spolar said.
Felony arrest
Court records show that Lugliani was charged in 2006 with second-degree theft, a felony. He was accused of stealing a total of $1,200 from a store register where he worked. The charge was dismissed in 2007 after Lugliani successfully completed the Clark County Prosecuting Attorney’s Office’s Adult Diversion Program.
The program is available to some first-time, nonviolent felony and misdemeanor offenders. Requirements include signing a confession for the crime charged, waiving the right to a speedy trial, being booked, being supervised for a year, reporting monthly, and paying fees and restitution. Upon successful completion of the program, the charge is dismissed.
Lugliani underwent a background check before being hired as a substitute teacher, Spolar said. If any arrest history had been included in the background check, it would have precluded him from teaching, she said.
According to the Office of Superintendent of Public Instruction, fingerprint records and background checks are required by Washington law for teaching applicants who don’t already possess a valid Washington teaching certificate and new employees of a school or educational service district, or state schools for the deaf and blind. Background checks are conducted through the Washington State Patrol and FBI.
Jennifer Simmonds, OSPI’s supervisor of fingerprint records, said WSP only releases conviction history or arrests in which the case is pending and less than a year old.
WSP’s online site, Washington Access to Criminal History, states that the database is comprised of records submitted by the courts and criminal justice agencies throughout the state. It includes conviction information, arrests less than a year old with pending cases, and information on registered sex and kidnap offenders.
The Criminal Records Privacy Act specifies that nonconviction information is unavailable to the general public.
Efforts to reach an OSPI spokesperson were unsuccessful Wednesday afternoon.
Teaching history
Lugliani received his bachelor’s degree in 2007 and previously worked part-time at Heritage High School during the 2007-08 school year, according to the Washington Teacher Salary Database. He also worked part-time at Heritage and in special services for Evergreen Public Schools as an elementary school teacher during the 2009-10 school year. He taught special and basic education at Pleasant Valley Middle School during the 2010-11 school year, and special and basic education at Chief Umtuch Middle School during the 2014-15 school year for Battle Ground Public Schools, the database shows.
