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News / Clark County News

Teacher who molested physically disabled student sentenced to four years

By Jessica Prokop, Columbian Local News Editor
Published: February 22, 2019, 8:09pm

Editor’s note: This story contains graphic descriptions of crimes that some readers may find disturbing.

A former Evergreen Public Schools substitute teacher who molested a physically disabled female student at a school in March 2018 was sentenced to four years in prison on Friday.

Mark Anthony Lugliani, 60, of Battle Ground, pleaded guilty last month in Clark County Superior Court to third-degree child molestation.

He faced a standard sentencing range of six to 12 months in jail. But, as part of his plea, Lugliani admitted to an aggravating factor — violating a position of trust. The aggravating factor allows for a sentence outside the standard range.

Lugliani had hoped to be granted the special sex offender sentencing alternative, which would allow him to spend all or part of his sentence out of custody in a sexual deviancy treatment program.

However, Judge Bernard Veljacic said he could not “in good conscience” grant Lugliani the sentencing alternative.

“That would trouble me to do that,” he said.

On March 29, Lugliani forced a female student into a classroom closet, where he inappropriately touched her and masturbated on her. The girl refused another sexual advance from Lugliani the following day, according to an affidavit of probable cause.

When Lugliani asked the victim to meet with him a couple of months later, she reported the abuse to a school counselor, court records say.

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Lugliani was immediately removed from the substitute teacher roster when the abuse was reported, Evergreen Public Schools spokeswoman Gail Spolar previously told The Columbian. He had been a substitute teacher with the school district since January 2012 and taught at the district’s middle and high schools.

Before working in the Evergreen school district, Lugliani was a teacher in Battle Ground Public Schools. There, he demonstrated repeated inappropriate behavior, including an incident in which he grabbed a student by the collar and shouted at him, an investigation by The Columbian found.

Battle Ground removed him from the list of approved substitute teachers for calling female students “honey” and “sweetheart.” The district failed, however, to report the incidents to the state Office of Superintendent of Public Instruction until after his arrest.

On Friday, Deputy Prosecutor Brian Pruett recommended that Lugliani receive an exceptional sentence of four years in prison, citing his position as a teacher, efforts to continue the misconduct and the victim’s particular vulnerability.

Lugliani’s defense attorney Clayton Spencer called the prosecution’s sentencing recommendation “arbitrary and capricious.”

He argued that his client has taken responsibility for his actions from the beginning. Investigators didn’t find any inappropriate texts, emails or photos in Lugliani’s possession, Spencer said, and the defense opted not to interview the victim to avoid re-victimizing her.

Lugliani has been contrite, he’s amenable to treatment and there’s no evidence he’s a continued risk to the community, Spencer said.

“These cases are not easy, but we have a standard sentencing (range) for a reason,” he added.

In addressing the court, Lugliani said he shared his attorney’s thoughts.

“It’s something that happened that shouldn’t have happened, and for that, I’ll always be sorry,” Lugliani said.

Veljacic told Lugliani that although his attorney made the case that he’s eligible for the special sentencing alternative, “the notion our children can’t go to school … without people like Lugliani putting them in harm’s way is disturbing.”

The judge opted to follow the prosecution’s recommendation.

Lugliani will also serve 12 months of community custody, must register as a sex offender, and is required to undergo a sexual deviancy evaluation and any necessary treatment. He is not to have contact with minors.

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