Shorecliffs Teacher Arrested on Suspicion of Sex with Student

UPDATED: Richard Rack, 50, of San Clemente was in jail in lieu of $1 million bail on suspicion of lewd acts, oral copulation with a minor and child molestation with three students.

EDITOR'S NOTE: Updated at 9:33 p.m. with a message parents received from the school district. Updated at 8:54 p.m. with employment information. 

A  teacher who had previously been arrested on suspicion of inappropriate conduct with two female students at the San Clemente school was arrested again Thursday for allegedly having sex with a third student.

He is currently in custody and being held in lieu of $1 million bail, according to Orange County Sheriff's officials.

On Nov. 30, 2011, sheriff's deputies initially made contact with math teacher Richard Rack during the school day and drove him away school in front of students.

An Orange County Sheriff's spokesman at the time would only say he was being questioned and would not reveal the subject matter.

Today, deputies arrested Rack, 50, of San Clemente, at his home after authorities served a search warrant, said Jim Amormino of the Orange County Sheriff's Department.

Amormino said investigators needed time to question potential victims.

Rack was suspended from his teaching duties in December, Amormino said, and had been free on $20,000 bail stemming from his arrest earlier this month on suspicion of sexual activity with two other female students.

He pleaded not guilty on June 8 to two misdemeanor counts of child annoyance. He was re-arrested Thursday on suspicion of lewd acts with a child under 14, child molestation and oral copulation with a minor, officials said.

It was during a search in connection with the first arrest that investigators were led to a third alleged victim, Amormino said.

The most recent alleged victim is no longer a student at the school, according to the Sheriff's Department. Rack allegedly carried on a relationship with the girl for as long as two years.

After being driven away in the back of a squad car, Shorecliff students took to Facebook to talk about the incident.

"[W]ell all in all its been a nice day. [W]on a volleyball game in PE, got a good grade on my English test ... and oh yeah, my math teacher got arrested!" wrote one student.

Others noted he wasn't yet arrested.

"[W]hether he will be charged guilty or not is another matter, we can't say anything for sure until a reliable source comes up," wrote another.

Amormino said the department refers to the victims as Jane Doe Nos. 1, 2 and 3.

Jane Doe No. 1 is a current student at the middle school. She reported to authorities that he told her "she had a nice figure, he gave her hugs, kissed her, caught him peeking down her blouse. He asked her to wear lower-cut blouses," Amormino said.

This kind of communciation went on for a "little while," he added.

Rack allegedly convinced Jane Doe No. 2 to send nude photos of herself, and she complied, Amormino said.

The alleged sex with Jane Doe No. 3 occurred both at the school and the girl's house. 

Thursday night, the , sent the following message to parents:

Dear Shorecliffs Middle School parents,

Officials from the Orange County Sheriff’s Department asked that you be informed that Shorecliffs Middle School teacher Richard Rack has been arrested on allegations of misconduct.

Mr. Rack was placed on leave in December because of allegations that later led to his arrest on misdemeanor charges. The Sheriff’s Department is now alleging more serious misconduct, so the District is informing you of this matter now.  There has also been media coverage of this case.

If you are aware of any information that may assist law enforcement in this matter, please contact the Orange County Sheriff’s Department at 1-877-847-6227.

If you have other questions concerning this situation, please email them to communications@capousd.org and a District official will respond.

Thank you,

Marcus Walton

Chief Communications Officer

According to school district records, Rack was first hired by CUSD in September 2002. He received his single-subject credential in 1994, but it is not clear where, if anywhere, he worked before.

— City News Service contributed to this report.

bbq June 22, 2012 at 08:41 PM
What a sicko. Since he's been teaching there for 10 years there are probably other victims as well.
Penny Arévalo (Editor) June 22, 2012 at 08:44 PM
It's possible. People with information are encouraged to contact the Sheriff's Department through the tip line (855) TIP-OCCS. You can also go here: https://www.tipsubmit.com/webtips.aspx?agencyid=913
John June 22, 2012 at 09:09 PM
What I think is rather ironic in this case is that he was my algebra teacher 6 years ago. I remember he was always preaching to find great role models as he despised The lakers in particular for some odd reason. Serves him right. He was a dick anyway. I hope they give him the chair!
Phil Hoskins June 22, 2012 at 09:27 PM
Skin him alive
Yeparoo June 22, 2012 at 09:38 PM
I would assume that Dick Rack will continue to enjoy his union required pay while defending his innocence. But if found guilty of the accusations, would Dick Rack also still be eligible for a CalSTRS pension?
Teresa June 23, 2012 at 02:55 AM
Yeparoo....this is not about you and your hate for CUEA. Let's be crystal clear, this is not about politics. This is about four young ladies who have come forward with accusations of child molestation and rape. If this was your daughter, you would not be discussing Richard Rack's pension.
Yeparoo June 23, 2012 at 04:43 AM
Teresa - Are you sure that only 4 victims will come forward? Yes or No question - If convicted, will Dick Rack receive a teaching pension? I dont know the answer. I would be outraged if he were still eligible. This is not about you and your blind love for CUEA, it's a legitimate question.
natalie sixtos June 23, 2012 at 05:54 AM
He was my math teacher 2 years ago....this is so sketch. All he would talk about is being a good role model, make good decisions, and G.A.N.A.S.!!!!
Teresa June 23, 2012 at 01:46 PM
Yeparoo, there is no reason to argue with you. You are a fool who is blinded by your hate and sadly, have no compassion for children who have been victimized. You are making this about you, your politics, your opinions...a perfect little egomaniac.
Sophia Stewart June 23, 2012 at 03:24 PM
I'm wondering if he was on paid leave as well????
Penny Arévalo (Editor) June 23, 2012 at 03:28 PM
I asked the district for comment, but they declined. CUSD is not responsive to Patch inquiries.
Sophia Stewart June 23, 2012 at 03:28 PM
I agree yeparoo, although it is tragic and focus should be on the victims, it's ridiculous that thousands of students are being affected by budget cuts while money is spent on this guy. If found guilty, he should have to repay the district.
Yeparoo June 23, 2012 at 03:31 PM
Teresa, Typical name calling. Why am I not surprised by that. When you have nothing to say, just hurl insults. Very simple question, if found guilty or a plea of guilty for crimes against children, will Dick Rack receive a union pension? This is not a complicated question. You dancing around the question. I would suspect based on the pattern of behavior that a great deal more than 4 children were victims of Dick Rack. If so, I would anticipate multiple charges involving many victims. The victims will be extremely brave and tell horrific stories to investigators. Then I expect Dick Rack's attorney to 'cut a deal' for X years. Then the state will deduct from X years for good behavior, overcrowding and ACLU give backs from suits for unfairness. IMO, people convicted of these crimes don't get near the punishment they are due. I rather like the Texas story from the last few weeks. The question has obviously hit a nerve and made you uncomfortable. I am not dissuaded by your name calling and want to know, will Dick Rack, if convicted of terrible crimes, still be rewarded with a million dollar pension? http://www.contracostatimes.com/news/ci_20884119/former-clayton-middle-schoolteacher-sentenced-nine-years-prison
Teresa June 23, 2012 at 03:57 PM
Au contraire...my lack of play has struck a nerve with you. How can I dance around a question that I don't know the answer too? If you are that hyper-focused on his pension, then figure it out yourself. I am focused on what is important. As a child victim of an adult monster, I know too well what these young ladies are going through. Sadly, I would agree with you that more students will come forward, but worrying about a pension will not help a victimized 12, 13, or 14 year old child.
Yeparoo June 23, 2012 at 11:00 PM
Teresa - I have known both victims and parents falsely accused of these crimes. Dick Rack is entitled to due process and I have no issue with CUEA defending him. I falsely assumed you were knew to the answer to this question. I am sorry for assuming that and your being victimized. I will research the question to see if I can find the answer. Keep in mind that with the current status of the CA's finances and the likelihood that if Dick Rack is convicted, the actual time spend in prison will be far lower than may be announced at sentencing. What adds insult to injury is the victims and their parents key end up continuing to pay taxes to support the alleged perpetrator for the balance of his life through his pension. I am hoping this is not the case. In the case of Jerry Sandusky, yesterday he likely lost his Pennsylvania's State Employee Retirement System Pension: Jerry Sandusky Will Continue To Collect His $59K Annual Pension, Unless He’s Convicted Of Raping Boys "... I emailed a spokeswoman for Pennsylvania's State Employee Retirement System (SERS), who replied to say 'a SERS member forfeits his or her pension if convicted of or pleads guilty or no contest to an Act 140 crime." http://deadspin.com/jerry-sandusky-pension/ So again, does anyone know if a teacher in California will lose their pension if convicted of sex crimes against children?
Penny Arévalo (Editor) June 23, 2012 at 11:21 PM
I think the answer is no. Read to the bottom of this story (it's disgusting, apologies): http://latimesblogs.latimes.com/lanow/2012/02/la-teacher-suspected-of-lewd-conduct-keeps-benefits.html Also, in this article, a representative of CTA (and a teacher in CUSD) gives his thoughts about the proposed litigation: http://www.ocregister.com/news/school-352515-teacher-teachers.html. Note this quote: Stone of the state teachers union characterized all such proposed legislation as an unnecessary, "knee-jerk" reaction to the Miramonte uproar, which he said resulted from a failure of the district administration to take appropriate action, not a failure of existing laws. "Teachers should not have their rights stripped away simply because the LAUSD superintendent failed to notify parents and the community in a timely manner of a problem teacher," said Stone, a teacher at Aliso Viejo Middle School. I offer no opinions about what he said. What do you think?
bbq June 24, 2012 at 12:39 AM
Stone should be fired just for being so stupid!
Denise Krane June 24, 2012 at 02:26 AM
Stone's comments reflect the current maladaptive thinking about public education-teachers' rights trump students priorities-even when student safety is at risk. As we have seen repeatedly in CUSD, district administration is subservient to the teachers' union.
Zoe Lindberg- Smith June 25, 2012 at 01:14 AM
I saw him get in the back of a cop car. He always creeped me out
Sarah July 13, 2012 at 01:22 AM
He was my teacher about 6 years ago and I never had any issues. IN FACT he was and still is my favorite teacher. People lie, and I bet these girls are doing just that, and in doing so they have ruined his life. He was always talking about being a good role model and he practiced what he preached. You shouldn't jump to conclusions just because its possible some stupid girl didn't get an A on her math test, and the other ones decided to jump on the band wagon.
Penny Arévalo (Editor) July 13, 2012 at 01:43 AM
I agree, you shouldn't jump to conclusions. But you are also jumping to a conclusion that this is some sort of revenge for a bad grade. It is fair to report that the sheriff's department investigated Mr. Rack for many months, and the OC District Attorney's office is prosecuting. We will see how this concludes in the justice system.
Teresa July 13, 2012 at 04:10 PM
Sarah....I know a lot more about this situation than you do. My child had Mr. Rack this school year (well until Rack was arrested). I had many concerns about Mr. Rack even before my child started in his class and I openly discussed those issues with both the principal and Mr. Rack himself. My child is friends with two of the young ladies involved and there is a lot of evidence to support what every young lady is alleging (both from various student witnessess and Rack's cell phone). Mr. Rack ruined his own life.....I am thankful you were not one of his victims.
Geneva July 22, 2012 at 05:31 PM
He sure was a great teacher and friend to me when I was in school. Always supportive. But when I turned 18, & had spent some time with him, just to catch up... He got pretty sexual and kinda pressured me into Doing some sexual acts with him. & although it's not illegal or anything, & I am an adult and can make my own decisions.... It seemed pretty weirdddddd. Mind, I was a little drunk, & did not know what to do so I gave in.. It was confusing. But I knew he must've been doing this and I hope he is punished at maximum for this. Because this really fucks with a young woman's mind.
Geneva July 22, 2012 at 05:38 PM
I disagree!! Yes he was always my favorite teacher and of all my years in school my best and most memorable experiences we're in mr racks classroom. But later web I turned 18 I had an experience with mr rack... That was sexual, I felt very pressured. & it's not illegal. BUT. How weird is it that a man who knew someone at such a young age like that would feel comfortable doing that. I feel bad for what had happened and I think of it from time to time... & every time I couldnt help but think about other young women and the terrible possibilities... It scares me. And then a year later I see this. It's such a sad thing... These young woman will be affected by this their whole life.
Teresa July 22, 2012 at 07:39 PM
A great teacher and friend doesn't take advantage of an 18 year old who has been drinking and just because something is legal, doesn't make it right. You should report it to the authorities since his behavior with you shows his true character (which is that of a sexual predator). The tip line number is above. I hope you get the emotional support you need.
Hannah July 22, 2012 at 09:34 PM
I get what you mean Sarah, I didn't have him, but my brother did, and I hung out in his room sometimes during lunch when it rained or something. My brother loved him. He was one of his favorite Teachers. I saw nothing to what these girls have claimed. He has never been creepy nor have i seen him do anything remotely close to what they've said. But sadly he has evidence stacked against him. I didn't believe it either, and thought the same as you until they found what was on his phone. Evidence doesn't lie. It's very sad, and horrifying to us that knew him.
k r jensen September 22, 2012 at 05:51 AM
How then do you explain the phone records and the picture of the girl on his phone?
SAMMIE October 21, 2012 at 04:53 AM
Teresa October 21, 2012 at 03:26 PM
Your point is lost when you blame the victim. An adult man who has sex with young girls is a criminal regardless of how awesome he was as a teacher.
Penny Arévalo (Editor) October 21, 2012 at 03:44 PM
Teresa, I do agree and was waiting for one of our sharp readers to chime in. No matter how they dress, they are children. Middle schoolers are 11-14 years old. The adult has to be the adult no matter what. That's why there are statutory rape laws, even if the parties believe it was consensual. And Sammie, please don't respond in all caps. Thanks!


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