Despite the Dothan Police Department making multiple arrests involving allegations of sexual conduct between a teacher and several elementary school students, the accused teacher still has an Alabama teaching certificate.
Johnny Dunaway, 55, is charged with 10 counts of enticing a child for immoral purposes, one count of sexual abuse of a child less than 12 years old and one count of interference with custody. He is also accused of threatening at least one of the alleged victims.
Sophia Lanette Hedrington, the interim principal at Jerry Lee Faine Elementary, where Dunaway taught fourth-grade math, and Bertha Nicole Guilford, the Title IX coordinator for Dothan City Schools, are charged with failure to comply with Alabama's mandatory reporting law.
The school system was not notified of the allegations until May, although the first complaints were brought to school officials in February, according to Dothan investigators.
Meanwhile, Dunaway's teaching certificate with the Alabama State Department of Education (ALSDE) has not been revoked or suspended, despite the state superintendent's special powers.
Alabama law gives the superintendent the authority to "revoke, refuse to issue, suspend, recall, non-renew or impose" a teaching certificate for just cause.
While Dunaway has not been found guilty of a crime in Alabama, he was issued a letter of reprimand in Florida in 1998 after being accused of inappropriate contact with minor students.
Dothan City Schools Board of Education attorney Dustin Fowler told 1819 News he believes the previous accusations, along with the current charges, show just cause for Alabama State Superintendent Eric Mackey to exercise his authority to issue an emergency revocation or suspension.
Fowler said the board has been proactive in protecting students impacted by the incident. BOE chairman Julie Turner and BOE member Ashley Davis appeared in the courtroom following Dunaway's arrest to support the denial of any bond reduction. Fowler sent all information, including the previous Florida letter of reprimand, to the ALSDE and said the state must act to prevent further incidents.
"Only the State Superintendent's office can act in a manner that will block future employment in Alabama," Fowler said. "It is mandatory for individuals seeking employment as teachers in Alabama to undergo a background check and satisfy the certification requirements administered by the Alabama State Department of Education before they may be approved to teach in Alabama's public schools."
While the superintendent has the authority to revoke or suspend a certification, ALSDE officials said there must be a finding before that action can be taken.
The emergency power has not been invoked in Dunaway's case because ALSDE said it wants to take a comprehensive look at the evidence and information. That information comes from witnesses, law enforcement, and the school system. Fowler emphasized that the ALSDE has received the Florida reprimand, which is public record.
Once a teacher is placed on leave or terminated, ALSDE officials said their certification is flagged and put under review. They said that anyone viewing a teacher's status would have access to the certificate's status.
Teachers whose licenses are suspended or revoked have an appeal process. ALSDE officials do not want to act in haste because they say any missteps could be reversed by a judge.
ALSDE representatives told 1819 News they must balance due process and student safety. Dunaway is considered innocent until proven guilty.
Dunaway was not hired by the current Dothan City Schools BOE. Fowler said there is no evidence that the school system was aware of any adverse reports relating to Dunaway when he was hired in 2021.
Mackey has not responded directly to a media inquiry. ALSDE officials who spoke with 1819 News did not want to be quoted. The lack of comment comes after Mackey was given a $32,500 salary increase last year, bringing his annual compensation to $325,000.
Mackey is among the highest-paid state superintendents in the country.
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