Former Albany teacher indicted on charges of raping a student

A former teacher at LaSalle School in Albany is accused of raping one of her students in a LaSalle classroom, state officials said Monday.

Marina Y. Viviani, 30, of Kingston, appeared in Albany County Court Monday morning on one felony count each of third-degree rape and third-degree criminal sexual act. She also faces four misdemeanor sex crime charges.

Viviani pleaded not guilty in Albany County Court Friday and denies all of the allegations, her attorney said Monday.

Her attorney also alleged that the allegations from the student are the result of an extortion scheme perpetrated by the teen against the woman via threatening text messages and voice mails sent by the teen to her.

Viviani is accused of engaging in oral sex and sexual intercourse with the student in late 2014 in a LaSalle classroom shortly before the student’s exit from a residential program, according to the state Justice Center for the Protection of People with Special Needs.

The allegations came to light after Viviani allegedly continued the relationship afterward, Justice Center officials said. She continued it through phone calls, text messages, exchange of digital photos and travel to New York City, officials said.

A family member notified City of Poughkeepsie Police, who then reported it to the Justice Center’s Vulnerable Persons’ Central Register.

“When a licensed professional, like the defendant who in this case was a teacher, allegedly abuses her position of authority by committing sex crimes in the classroom against an at-risk youth, that abuse cannot be tolerated,” said Special Prosecutor Patricia E. Gunning said in a statement. “The Justice Center will continue to fight for individuals who are not legally capable of consenting to sexual contact with a staff member.”

Gunning cited assistance from the Poughkeepsie and Albany Police departments, as well as LaSalle for taking swift action and the school’s cooperation.

LaSalle School serves adolescent males and their families, and is licensed by the NYS Office of Children and Family Services.

LaSalle issued a statement Monday that it learned of the allegations in June 2015 and took quick action.

“Upon learning this information, administrators responded immediately leading to the termination of the individual faculty member, notification of, and consultation with law enforcement,” the school’s statement reads. “It has continued to cooperate with the Justice Center and various authorities as the investigation has proceeded.”

Viviani was arraigned Friday in Albany County Court and the judge released her without having her post bail, according to her attorney, Michael S. Pollok, an attorney from Red Hook, Dutchess County.

Pollock said his client completely denies the allegations and called the prosecution the product of an extortion scheme. The alleged victim was 17 at the time of the allegations at the school.

Pollock contends the alleged victim threatened Viviani and her family, demanding property to avoid carrying out his threats.

“When my client and her family refused to give the complainant what he was demanding, he and his accomplice went to the police who declined to prosecute him and now the Justice Center has allowed the perpetrators to carry out his extortionate threats, which are well documented,” Pollock said in his own statement.

Viviani is due back in court later this month.

Reach Gazette reporter Steven Cook at 395-3122, [email protected] or @ByStevenCook on Twitter.