CASE STUDY: School Litigation
--Sexual Abuse--
{Case sanitized to protect client anonymity}
A well-documented report compiled by an expert witness with highly regarded educational credentials including training and experience will often be the catalyst for an out of court settlement.
The following example illustrates such a circumstance.
The case was settled out of court based upon the following written report.
The Case
The case involved a physical education teacher alleged to have committed acts of sexual impropriety.
Reports of such behavior had surfaced earlier, along with recommendations that the teacher not be permitted unsupervised contact with students.
The school system hired the teacher with knowledge of the earlier allegations.
When similar reports surfaced at the first school he was assigned to, school officials merely transferred him to another school.
After parent protest, school officials appointed the teacher Attendance Officer at the school district's central office.
A number of similar transfers followed.
The parents sued the school system.
A SchoolMatch® expert was called in to determine whether the school system acted appropriately in its hiring, training, and transfer of the teacher; and to examine whether or not the system implemented and followed sound administrative policy in the matter.
Expert Opinion
Here are some clips from the letter written by our expert.
To see the entire report, click here.
--Any County Board of Education policy exists for students, to protect students, and to provide them with the best educational environment possible for learning.
School Board Policy #2-222 adopted Month 19xx, requires that each student have a "safe and friendly environment" free from "abuse" and "inflammatory remarks."--
--It is my opinion that the administration of the Any County Board of Education and the Board of Education itself failed to follow its own policies regarding a "safe environment" free from "abuse" and "inflammatory remarks."--
--Ann Watts, Protective Services Worker, State Department of Human Services indicates in her investigation of Mr. Doe that he has the "characteristics of pedophilia."
The report advises Superintendent Jones against unsupervised contact with children on the part of Mr. Doe.
County Prosecutor Bob Bates, in his investigation and report substantiates the accusations against Mr. Doe.--
--It is incomprehensible the ABC School administration evidently did not solicit an independent educational supervisor from the State Department of Education to conduct classroom observations of Mr. Doe.
Equally perplexing is the administration's failure to require Mr. Doe to be clinically evaluated for pedophilia.--
--It is incomprehensible the administration, in light of the Human Services recommendation, would place Mr. Doe in his own office where one-on-one contact with troubled students could occur unsupervised behind closed doors.--
--Mr. John James, Assistant Superintendent, evaluated Mr. Doe's performance as being "Satisfactory."
There were no areas needing improvement and there were no suggestions for improvement.--
--The reassignment of Mr. Doe from Central Office Attendance Officer to attendance Officer at LMN Junior High betrays both concerned parents and the recommendations of the Department of Human Services.
Such a blatant disregard for the safety and welfare of students is inconsistent with Board of Education policies that foster the well being of students, and fails to meet the standards of student care mandated by Board policy.--
--The letter from Principal North to Mr. Doe indicated Mr. Doe lied to Mr. North.
Not only did he lie to Mr. North, he telephoned a parent and requested that she also lie to protect Mr. Doe.
These acts of insubordination alone are reason for termination of contract.--
--The employment scenario of Mr. Doe was further complicated by the decision to transfer him to a classroom teaching assignment at XYZ Elementary School.
This shows complete disregard by the administration for any of the previous concerns, warnings, and recommendations about protecting students and removing Mr. Doe from direct student contact.
The subsequent transfer of Mr. Doe to a Behavioral Difficulties classroom teaching assignment at EFG High School was the ultimate administrative blunder.--
--The Any County Board of Education committed the worst crime of all by failing to report suspected child abuse (as required by law) to the Department of Health and Welfare in any of the multiple instances of abuse reported by students to teachers and administrators.--
--In my opinion, this is a regrettable case of a school system, a Board of Education, and an administration failing to exercise responsibilty to the students and citizens it serves.--
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