Teacher accused of rape held on $100,000 bail, felony hearing Nov. 1

Amherst police have a Tonawanda man in custody, accused of seven counts of rape involving a student at Sacred Heart Academy, where he was a teacher.

James Van Valkinburgh, 42, of Byron Ave., in Tonawanda, was arrested Friday, Oct. 26. As of press time, he was being held on $100,000 bail in the Erie County Holding Center. He was arraigned on Saturday by Judge Geoffrey Klein in Amherst Town Court.

Van Valkinburgh will have a felony hearing on Thursday, Nov. 1.

Police charged him with seven counts of rape in the third degree, a class E felony; one count of endangering the welfare of a child, a class A misdemeanor; and third-degree sexual abuse, a class B misdemeanor. The charges pertain to a minor, 17 and younger. The victim's age has not been released.

According to the academy, a brief investigation involving improper conduct by the teacher took place and resulted in his firing.

Barbara Ochterski, head of the school, and Sister Dorothy Mueller, leader of the Sisters of St. Francis, made the announcement at a Saturday news conference.

Van Valkinburgh had taught history at the school for 12 years.

According to the academy, the following is the sequence of events involved in the investigation. On Friday, Oct. 5, a staff member alerted Ochterski that they thought a teacher was showing more attention to one student than he should.

The next school day, which was Oct. 9, after the Columbus Day holiday, top school officials embarked upon a program of close observation and monitored the teacher's whereabouts and associations during all subsequent school days.

"Let me emphasize at this point, that we could not know the extent or outcome of our investigation. As educators we walk a fine line between the school's procedures and the rights of individuals," Ochterski said.

On Oct. 11, the teacher was warned that his observed behavior was potentially inappropriate and against school policy. Monitoring continued and on Oct. 23, a person involved in the investigation observed the suspect off school property alone with one of the students.

The student was immediately told to go home. The teacher was suspended pending further investigation, the academy stated in the press release.

The next day, school officials interviewed Van Valkinburgh about the school's findings, and his answers to their questions indicated that his employment should be terminated for violations of school policy including conduct unbecoming a teacher, the release further stated.

"We continued our investigation and as soon as we learned actionable information, turned it over to Amherst police in accordance with state law," Ochterski said.

Since Van Valkinburgh's firing, school officials have held two meetings with faculty and staff; informed the school's board and the Sisters of St. Francis, as well as the diocese and alumnae organization leaders.

Parents received a letter at home Friday, and that was followed up Saturday with an e-mail to all parents. Also on Friday, Ochterski addressed the students and told them their school is facing a problem that would become public.

Police continue the investigation.