An aide at a Pembroke Pines high school arrested for allegedly inappropriately touching two students with special needs under his supervision had been investigated for similar accusations last year but was never prosecuted, records showed.
John Harrison Smith, 53, was arrested Tuesday on charges that include lewd and lascivious molestation and lewd and lascivious conduct, Pembroke Pines Police said.
Smith, a teacher's aide at West Broward High School, was arrested after police said two employees saw him in the school's cardio room touching two female ESE students on two separate occasions on Dec. 13.
The students, who are 14 and 15, have autism and verbal delays.
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According to the Broward County Public School Board, Smith was also the subject of a 2021 investigation where inappropriate behavior was alleged by another adult ESE student.
A staffer reported seeing Smith alone with a female student in the school clinic and reported that the student was "flipping out" before Smith pulled the drapes shut and closed the door, a report said.
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Ten days later, Smith was seen in a single-use handicap restroom that a female student had just exited, the report said.
The school's assistant principal told Pembroke Pines Police about the allegations and the case was presented to the district's Professional Standards Committee and the Broward State Attorney's Office.
The committee recommended a letter of reprimand for inappropriate conduct but that was overruled by the superintendent's then chief of staff, Jeffrey Moquin, who said there was no evidence or just cause. Moquin is no longer with the district.
Smith was removed from students during the course of that investigation but was able to return to the classroom in March after he was cleared.
Smith appeared in court Wednesday, where a judge set his bond at $650,000. He was also ordered to have no contact with minors and won't be allowed on any school campus under the judge's orders.
Records showed Smith was hired in 2019. In a video provided by the school board, Broward Schools Superintendent Dr. Vickie Cartwright said he has been reassigned and won't be working with children while the case is decided.
"I am completely outraged by these allegations, extremely concerned," Cartwright said. "I, as superintendent of Broward County Public Schools, will not tolerate our employees having inappropriate relationships with students or inappropriate touching of students, that is not something I will accept."
Cartwright also addressed how the previous allegations against Smith were handled.
"I'm going to be looking into our practices related to our professional standards committee, and evaluate that and possibly bring recommendations forward to our school board," she said.
Parents received an email from the school's principal Tuesday informing them that the aide had been removed from the school and adding that they are cooperating with the investigation.
A family member of one of the students involved in the 2021 allegations spoke with NBC 6 about Smith's arrest.
"It happened last year on school grounds. She has special needs and is not very verbal, so not much can be said from her but he was caught red-handed and thankfully he was arrested but it only took a year and two more victims," the family member said.
