The outcome of the investigation by the Mystic Valley Regional Charter School into Kevin F. Hogan, the English department chair who reportedly acted in pornographic movies last year, may turn on one paragraph in Hogan's employment contract with the school.
The three-page agreement, obtained by the Globe from Mystic Valley's attorney, John Hanify, after a public records request, lists conditions that could be cited as grounds to terminate Hogan: Noncompliance with school rules and personnel policies; dishonesty or misconduct that affects nearly anyone connected to or doing business with the charter, and a final clause that indicates a reason the school could use:
"In the event that, in its reasonable judgment, your performance or conduct is incompatible with the educational principles or policies established by the Board or the Director."
Mystic Valley has not commented on the status of the investigation or of Hogan's employment at the school. Messages to Neil C. Kinnon, chairman of the Mystic Valley board of trustees, were not returned. Kinnon is also a city councilor for Ward 6, where most school properties are located.
In referring questions to the school's attorney last week, Rick Veilleux, charter school business manager, said Hogan has obtained legal counsel, but Veilleux declined to identify Hogan's lawyer.
Hogan has been unreachable for comment since Fox 25 first reported the story Nov. 29. In a brief exchange with Hogan and a Fox reporter, Hogan declined to comment and denied knowledge of the movies.
The contract language, while vague, could be at the center of a legal confrontation if school officials dismiss Hogan and he objects.
The contract also contains passages that seem to codify the school's reluctance to discuss the matter publicly, including language that prevents Hogan, except with express permission, from writing about the school in any way for five years after he leaves.
Hogan also agreed to strict rules against affiliating himself with, doing work for, or consulting Malden Public Schools and five surrounding public districts in Everett, Medford, Melrose, Stoneham, and Wakefield.
"If you choose to breach this agreement ... you may be liable for damages to the Board," the contract said.
The contract was sent by former Mystic Valley director Joseph McCleary to Hogan's post office box in California and dated June 3. Hogan signed the contract the same date.