Settled Law Suits Student Or Teacher Victim V. School Districts, Administrators, and Teacher

WyliE³ Education Misconduct Solutions’ Research Updated February, 2010 Educator Sexual Misconduct Lawsuits

WyliE³ began informally tracking lawsuits against schools/districts/departments of education and educators midway through 2007. After the release of the Associated Press national article on educator sexual misconduct in October 2007 however, we noticed an increase in civil lawsuits against school districts and administrators. Therefore, we made a commitment to formalize our research. Our goal was to identify key facts contained within each lawsuit that in turn could provide data which was helpful in understanding why sexual misconduct occurs, what is done to prevent it, and how costly it can be for all those involved. We have tabulated the information according to the status of each suit (settled or pending). This recording is not exhaustive, but rather an illustration of the cases we uncovered. There may be many that we are currently unaware of. Our sources included national, regional and city newspapers, online newspapers, television stations, legal databases, and court records.

Settled Law Suits – Student or Teacher Victim v. School Districts, Administrators, and Teacher Date Settled State Victim Defendant Grounds for Suit Damages Paid 01/10 TN Teacher, Vicky Crawford Nashville Metro School  The case began in 2002, when Crawford, a 30-year employee of the $1.5 million District school district, was contacted by school officials who were looking into charges of sexual misconduct against Gene Hughes, who at that time was the district's employee relations coordinator  She told investigators that Hughes would ask to see her breasts, or grab his crotch saying, "You know what's up." On one occasion, she said, he pulled her head to his crotch.  When human resources officer Veronica Frazier asked Crawford to cooperate in an investigation of Hughes, she complied after Frazier assured her she would be protected from retaliation.  But Crawford and two other female employees who testified against Hughes were all fired. 1/10 NJ Female Student, Brittany Peddie School  Tarabour’s 11-count lawsuit was pared down to one charge, $64,000 for emotional distress Tarabour accusing the school of violating the New Jersey Law Against and tuition. Punitive damages Discrimination by failing to stop the harassment. were undisclosed  She had been constantly receiving emails (5-30 per day) from her teacher who also served as her advisor, crew coach and dorm supervisor. The messages from Lloyd were never sexual in nature. Instead, he confessed his love for her.  Tarabour said she reported the harassment to school officials in January 2006. She told them Lloyd wasn’t physically touching her and, thinking harassment had to directly involve sex, she didn’t mention the e-mails.  "I didn’t know it was something I could complain about," Tarabour said. Still, she thought school officials’ response was inadequate.  After the January meeting, Tarabour’s schedule was shifted so Lloyd was no longer her adviser or teacher. But he remained her crew coach, and her mother discussed the issue with school officials again in the summer before her senior year. 1/10 DE Parents of a 7 year old Delaware Valley School  The suit contended Delaware Valley School District officials should $815,000 These materials are the original creative works of WyliE³ Education Misconduct Solutions and may not be copied, distributed or used for any purpose without permission. www.educationmisconductsolutions.com 1 WyliE³ Education Misconduct Solutions’ Research Updated February, 2010 student (dating back to District have fired Shohola elementary teacher Thomas H. Matthews, 62, 1998) after a number of warnings regarding inappropriate conduct toward female students were issued to him by the district years before he sexually touched at least two students in the classroom.  "Time and time again they ignored warnings," said Karen Freeman of Shohola, who sought the suit on behalf of her daughter, Samantha Freeman, who is now 18.  In 2006, a Pike County jury found Mr. Matthews guilty of molesting Ms. Freeman and another student on multiple occasions during the 1998-1999 school year. He was sentenced to 11½ years to 24 years in state prison.  The civil suit centered on district memos to Mr. Matthews that detailed instances of sexual harassment and inappropriate touching as early as 1994.  Among them, in 1995 a teacher found a note written by a student that said "Tom Matthews keeps touching me." Another student reported that Mr. Matthews "wrapped both his arms around her and rubbed her stomach area," according to the suit.  In response to these incidents, the district issued several memos to Mr. Matthews. One said that he was not "to touch, pat, massage, or have any other physical contact with students" or face termination.  Yet after that memo was issued, in the following school year, a janitor physically took Mr. Matthews out of the classroom after he noticed the teacher was sitting at his desk with "a child on his lap," according to the suit. 12/09 MN Past Student Jeremiah  St John’s Prep  Jeremiah D. McCarthy's lawsuit accuses the school and abbey of Undisclosed McCarthy School knowing as early as the mid-1960s that the Rev. Bruce Wollmering  St. John’s Abbey had been "sexually inappropriate" with a child.  The lawsuit accuses them of concealing the allegations against Wollmering, and it accuses Wollmering of abusing McCarthy in 1971.  The lawsuit also accuses the abbey of a pattern of concealment of sexual misconduct by its priests and monks.  The abbey released a statement Tuesday that didn't directly address the allegations, but noted that allegations against Wollmering were disclosed in 2006. 11/09 FL Family of a middle school  Hillsborough County  The family of a middle school student plans to sue the Hillsborough Undisclosed student victim School District County school district, saying the boy suffered personal and psychological injuries from having a sexual relationship with his teacher, Stephanie Ragusa.  The notice of intent letter is required under Florida law.  No further details are available.

10/09 NC Parents and 17 year old  Jones County  The lawsuit claims the Jones County school system was negligent for undisclosed male student victim School District allowing the sexual relationship to happen.  Teacher Shebana  The lawsuit states the 17-year-old boy suffered severe physical, Rajput mental and emotional trauma after being "sexually exploited, assaulted and abused" by Shebana Rajput.  The suit says the science teacher made sexually provocative contact with the student on school property, both during and after school hours. It says the sex began in March 2008, with Rajput providing alcohol, gifts, money and a cell phone to the 17-year old.  It claims the teacher purchased the student a car and even promised to marry him. The lawsuit says the boy was ridiculed by a former coach, who blamed him for the teacher's arrest. 9/09 MI Former Female School  Mount Clemens  The victim alleging she was laid off because she resisted Paul undisclosed Counselor Community Schools Reeves' sexual advances while he was a Mount Clemens principal.  East Jackson School  It accuses Reeves of sexual harassment and the district of failing to Superintendent – take "prompt remedial action to address" Paul Reeves  The complaints, coupled with Muzzin's refusal to reciprocate Reeves' advances, ultimately affected her employment, the lawsuit alleges. 8/09 IL Mother of a 16 year old  Alton School District  "Prior to said sexual acts, the defendants, by and through their $100,000 plus medical expenses female student employees and agents, had been warned that Matthew Lang was already incurred by the family. conducting himself improperly towards the minor plaintiff in that he was seen taking the minor plaintiff to and from Alton High School in his private automobile," the suit claims.  The suit claims the parents of the minor told Alton High School Principal Barbara Gillian about the actions of Lang, and alleges Gillian told them that Lang's conduct would be investigated and appropriate action taken.  The plaintiff claims the school district failed to properly screen, investigate and interview Lang before hiring him.  The plaintiff claims that after being given notice of the "improper activities," the defendant failed to prevent further contact with Lang so as to prevent the alleged sexual activity.  The suit claims the school district was negligent in retaining Lang, despite having knowledge of his alleged conduct, and failed to abide by a promise to take action.  The district also failed to report the conduct to the authorities, such as police and the Illinois Department of Children and Family Services, the plaintiff contends.

8/09 IL 16 year old male student  Chicago Hope  The suit alleges intentional infliction of emotional distress, willful $150,000 plus undisclosed costs Academy and wanton misconduct, negligence and breach of fiduciary duty on behalf of the private Christian high school.  According to the suit, Chicago Hope Academy permitted a culture within the school where teachers were physically affectionate with students and student-athletes in particular. The Academy also permitted a culture wherein students would regularly be alone with and socialize at the homes of Academy teachers.  In addition, the teacher’s inappropriate interactions and propensity for sexually deviant behavior towards the minor were “regular and conspicuous” and “should have been apparent” to coaching staff members and/or teachers, the suit said.  The suit alleges the administration did not intervene or prevent the "deviant" sexual behavior even though the staff should have known about their relationship. 8/09 MN Alex Merritt – student Anoka-Hennepin School  Alex Merritt reported that while enrolled at the STEP school back in $25,000 enrolled in STEP school in District 11 2007-2008, two teachers harassed him with remarks about his 2007-2008 (Employer of 2 teachers perceived sexual orientation. accused of harassment  Note: While the district denies any wrongdoing, they updated their Diane Cleveland and SH policies 02/09 and are required (through the settlement) to Walter Filson) submit training materials that relate to student harassment, its complaint process and sexual orientation as a protected class for the state department’s approval. 6/09 CA 16 year old female student San Diego Unified School  A jury of four men and eight women found that the former principal $1.25 Million victim District and some teachers at the School for Creative and Performing Arts in The jury awarded a total of Paradise Hills suspected that former teacher John Lee was engaged $250,000 for past and future in a sexual relationship with one of his students yet failed to report psychiatric counseling, $1 million it as required under the Child Abuse Protection Reporting Act. for emotional distress and related  Note: Victim Lawyers Quote: "During this case, we were shocked to damages. Of that total amount, learn that the District does virtually nothing to prevent teacher- the jury found that Lee was 60 student sexual abuse," Gomez noted. "Training is virtually non- percent responsible and that the existent, teachers don't know the rules, and students themselves school district was 40 percent don't know who to turn to if they see something that doesn't look responsible. The District will be right," Lagmin added, "We all know about no-tolerance when it responsible for paying over comes to kids. How about the same standard when it comes to $700,000. This includes 40 teacher misconduct?" percent of the $1 million ($400,000), all economic damages ($250,000), and about $50,000 for costs. The District offered absolutely nothing to settle prior to trial.

Date Settled State Victim Defendant Grounds for Suit Damages Paid 5/09 IL 17 year old male student Sarah Dickerson (25 year  Note: Sarah Dickerson pleaded guilty to aggravated criminal sexual Undisclosed victim old offending teacher) abuse and was sentenced to 180 days in jail and 48 months of probation.  The July 2006 relationship between the teacher and male student started with e-mail messages and continued with visits to Dickerson's apartment, according to prosecutors.  A civil suit was filed after the criminal case was settled. The suit against the teacher (the school and district were not sued) alleged battery and emotional purposeful harm by the teacher on the student.  Terms of the settlement of were confidential.  3/09 MD 15 year old male student Former teacher, Kirsten  After Kinley plead guilty in 2007, the student (now 19) filed a civil Undisclosed amount to be paid to victim Ann Kinley, 29 suit against Howard County Board of Education, Hammond Middle the victim over a period of 18 School principal Kerry McGowan and the state of Maryland, and months. accused each of negligence for their roles in hiring and supervising Kinley.  Circuit Court Judge Lenore Gelfman dismissed those defendants from the case in June 2008.  The case against Kinley was settled out of court with grounds being battery, negligence and causing him emotional distress. 2/09 SD 1 female student victim Gayville-Volin School  Victim accused the teacher of seducing her. None – judge found in favor of District, Superintendent  An extraction from the civil suit complaint alleges that the district the defendants. He said they did Jason Selchert and ignored his "propensity for inappropriate, sexualized behavior their job and could not have offending teacher Brad toward students," foreseen what would or could Oakley have happened. 1/09 CT 1 male student victim Former West Hartford  Victim was sexually abused and suffered severe emotional problems $1.5 million (allegations of teacher Eugene Ronco for the last 30 years. sexual misconduct dating back to 1970’s) 11/08 MO 10 year old student Gateway Elementary  Failure to report allegations of sexual abuse by a teacher Court costs and loss of license victim Principal - Sirna against a 10 year old student 10/08 CA Student Victim Poway Unified School  Student to student sexual harassment $700,000 Dist  Title IX standard – “that appropriate school officials had actual knowledge of the harassment and failed to respond”.  The jury characterized the harassment as "severe and pervasive."

Date Settled State Victim Defendant Grounds for Suit Damages Paid 04/08 WA 2 student victims Seattle County School  Suit alleged that over his two-decade career at Broadview- $3 million District Thomson Elementary School in North Seattle, three principals and the superintendent ignored 30 reports from at least 15 other teachers about Shayne Hill (offending teacher). 03/08 SC 1 student victim family Beaufort County  Former teacher Philip Underwood-Sheppard, sentenced to $300,000 School District 25 years in prison in 2003 for molesting nine students ages 6 to 13 from 1999 to 2002.  Suits alleged that school did not take appropriate actions in order to recognize or prevent the abuse from happening 02/08 AL 1 student victim family Teacher, Charles  A federal judge ordered Andrews, former middle school $3 million Federal Andrew from Pittman teacher to pay $2.5 million in punitive damages and Suit Middle School, $500,000 in compensation to relatives of a student who was Hueytown, AL, sexually abused by the man.  Charles Andrews received a sentence of probation after pleading guilty to sexual abuse charges. 01/08 PA 1 student victim Pottsgrove School  The U.S. District Court jury found that the school district $125,000 District failed to act on warnings that the student was sexually involved with a music teacher.  They found that former Pottsgrove High School principal Joyce Wishart had "actual notice" of the relationship between student Jeanette Chancellor and teacher Christian Oakes, but was "deliberately indifferent" 12/07 SC Multiple student victim Beaufort County  Former teacher Philip Underwood-Sheppard sentenced to 25 $4.5 million individual families (6 suits) School District years in prison in 2003 for molesting nine students ages 6 to students (average of $600,000 13 from 1999 to 2002. per victim)  Suit alleged that school did not take appropriate actions in order to recognize or prevent the abuse from happening.

Courts found districts and administrators guilty for the following reasons:

 Failure to take preventative steps

 Failure to provide awareness training on the issue of sexual misconduct

 Failure to act on warnings

 Choosing to act in a deliberately indifferent manner

Transcripts indicated that most often there were subtle and even overt signs of sexual misconduct. However, administrators and teachers were many times unsure of the appropriate actions to take and because of this, chose to do nothing.

Sources: Newspapers: Local hardcopy and or online Databases: http://www.lawyersandsettlements.com Westlaw Database (private access) http://teachertrash.blogspot.com http://www.thesmokinggun.com Public Records: County District and Superior Court Records

Pending Lawsuits – Student or Teacher Victim v. School District, Administrators and Teachers Date Filed State Victim(s) Defendant Grounds for Suit – Allegations/Accusations Damages Sought 2/10 MI 18 year old female  Oakland County School  The victim alleges she was sexually assaulted by the teacher's husband undisclosed student (16 at the District and forced to test and rate sexual devices for him at the couple's home. time)  Teacher Margaret Keely  Attorney for the victim Mr. Thomas Economy said he will introduce  The estate of Margaret evidence at trial that Margaret Keely knew about the sexual assault and Keely’s late husband failed to report it to authorities as is required by teachers under the William Keely Michigan Child Protection Law.  The lawsuit charges that the school district is liable, in part, because Margaret Keely was an employee. Economy also claims district officials may have known about William Arthur Keely’s prior (sexual molestation of a 14 year old) conviction and knew that the student was spending time at the couple’s home. 2/10 OR Teenage female  North Clackamas School  The suit faults the district and the Oregon Teacher Standards and $1.25 million victim (16 at the District Practices Commission for failing to perform an adequate background time)  Oregon Teacher Standards check on math teacher Christopher John Klitgord, who was fired in 2007 and Practices Commission from his teaching job in New York City for dating a 16-year-old student.  Teacher, Christopher John  The suit faults the school district and the state commission for failing to Klitgord discover Klitgord "forged his own letters of recommendation and was ineligible to teach in the New York State School System..."  The district and the commission should have known of "his propensity to use his position to gain access to minor students and to engage in acts of sexually inappropriate conduct with them," the suit alleges. 01/10 CA Five parents of male San Juan Unified School District  The suit alleges school employees failed to act on warnings and concerns undisclosed students about an after-school program teacher who's accused of sexually abusing their boys.  According to a claim filed Thursday, another parent, sent a letter in October 2008 to Discovery Club supervisor Debra Brown, expressing concerns about Vicars' activities with children.  The claim alleges Brown and Sierra Oaks Principal Donna Kenfield, among others, "negligently ignored and discounted these warnings."  The claim alleges Vicars made boys "engage in conduct that required them to touch him under his clothing, all designed to 'groom' and condition said minors to engage in this physical contact.  Because of the employees' actions, the claim alleges, the district didn't investigate to find out "that Mr. Vicars harbored sexual tendencies and propensities that were harmful to children, and in particular young boys."  The claim also alleges because of the employees' "negligent actions," the district didn't inform parents about Vicars' sexual tendencies. 1/10 IL Teenage male  Rich Township High School  The lawsuit stems from November 2008 when Tolzien, then 24 and a Minimum of $50,000 student (16 at the District 227 language arts teacher and coach at the school, allegedly had sex twice These materials are the original creative works of WyliE³ Education Misconduct Solutions and may not be copied, distributed or used for any purpose without permission. www.educationmisconductsolutions.com 8 WyliE³ Education Misconduct Solutions’ Research Updated February, 2010 time)  Teacher Sarah Tolzien with the boy, who was then 16. Tolzien resigned that December after being placed on administrative leave.  No further information has been given. 1/10 IL Female Student Chicago Public Schools  The suit alleges a male teacher engaged in sex with Johnson several times undisclosed Joan Marie Johnson inside the school and also outside of the school in his personal vehicle. (now 19 years old)  It alleges Johnson became pregnant as a result of the sexual activity but had the pregnancy terminated.  Johnson alleges severe emotional distress as a result of the sexual relationship and pregnancy and contends that school officials should have known that the teacher was transporting her in his personal vehicle after the school day ended. 8/09 IL 16 year old female Alton School District  "Prior to said sexual acts, the defendants, by and through their $50,000 on each student employees and agents, had been warned that Matthew Lang was count/claim alleged. conducting himself improperly towards the minor plaintiff in that he was seen taking the minor plaintiff to and from Alton High School in his private automobile," the suit claims.  The suit claims the parents of the minor told Alton High School Principal Barbara Gillian about the actions of Lang, and alleges Gillian told them that Lang's conduct would be investigated and appropriate action taken.  The plaintiff claims the school district failed to properly screen, investigate and interview Lang before hiring him.  She claims the district hired Lang when they should have found out through proper investigation that he was the type of character to have inappropriate sexual activities with students.  The plaintiff claims that after being given notice of the "improper activities," the defendant failed to prevent further contact with Lang so as to prevent the alleged sexual activity.  The suit claims the school district was negligent in retaining Lang, despite having knowledge of his alleged conduct, and failed to abide by a promise to take action.  The district also failed to report the conduct to the authorities, such as police and the Illinois Department of Children and Family Services, the plaintiff contends. 8/09 IL 16 year old male Chicago Hope Academy  According to the suit, Chicago Hope Academy permitted a culture within 3 count suits, seeks student athlete (employer of offending teacher the school where teachers were physically affectionate with students, more than $50,000 on Kathryn Vail-Wesley, 22 years and student-athletes in particular. The Academy also permitted a culture each count plus costs of old) wherein students would regularly be alone with and socialize at the suit and additional homes of Academy teachers. relief.  In addition, Vail-Wesley’s inappropriate interactions and propensity for sexually deviant behavior towards the minor were “regular and conspicuous” and “should have been apparent” to coaching staff members and/or teachers, the suit said.  The suit alleges the administration did not intervene or prevent the "deviant" sexual behavior even though the staff should have known These materials are the original creative works of WyliE³ Education Misconduct Solutions and may not be copied, distributed or used for any purpose without permission. www.educationmisconductsolutions.com 9 WyliE³ Education Misconduct Solutions’ Research Updated February, 2010 about their relationship.  “Academy staff turned a blind eye to Vail-Wesley’s inappropriate attention” to the minor, the suit said.  In or about October, 2008, Vail-Wesley’s husband, also a teacher at the Academy, searched for and witnessed Vail-Wesley engaged in sexual conduct with the minor in an Academy classroom, the suit said.  After being removed from the classroom, the minor was physically assaulted by Mr. Wesley and subjected to verbal abuse, scorn and ridicule by administrators, faculty and coaches, the suit said.  Academy President Bob Muzikowski allegedly intimated the boy and blamed him for creating a scandal and interfering with Vail-Wesley’s marriage and career, the suit said.  Academy administration gave the minor an ultimatum to either withdraw from the school or face expulsion, disrupting his normal course of academic study and athletic aspirations, the suit said. 8/09 CT 2 suits and 2  The Gunnery School  The plaintiff, John Doe, was sexually assaulted repeatedly during his Undisclosed different student  Dean of Students Richard freshman year at the boarding school from September 2007 to June 2008 victims Reinhardt and suffers emotionally and fears attending school, the lawsuit states. One 16 year old  Susan Graham, the head of  Reinhardt, 44, was also the crew coach, a teacher and a "dorm parent," male student victim school, the lawsuit states. He had an on-campus apartment where he One male student  Dana Jackson, a teacher entertained minors late at night, early in the morning or overnight, victim between the according to a lawsuit. ages of 15 and 18  The school knew or should have known about Reinhardt's inappropriate relationships with the alleged victim and failed to promptly respond to sexual abuse allegations, the lawsuit states.  In a statement released last week, Graham says the school first learned in June of an allegation regarding inappropriate contact between a faculty member and a student. 8/09 KS 15 year old South  Buhler High School teacher  The lawsuit, filed through alleges negligence by both Young and Face the Unspecified amount Korean foreign Richard Young World, and also cites assault, battery and outrageous conduct by Young (asking for fair and exchange student  Face the World (foreign while he played host to the teenage foreign exchange student in 2007. reasonable exchange student  Allegations included the following from the criminal prosecution: compensation) placement agency)  Young asked for a naked photograph of the foreign exchange student prior to his arrival Aug. 1, 2007, at Young's home.  Young molested the teenage boy on or about Aug. 3 or 4, 2007, and cautioned the boy "not to disclose the incident as it could jeopardize" his ability to stay in the United States.  Young molested the boy several days later, then allegedly "threatened" the teen with a return to South Korea if he disclosed what happened.  The lawsuit also alleges the teen was afraid he'd be disciplined by Young and Face the World, so he did not report the molestation to law enforcement. Because of the abuse, the teen began "displaying erratic and out of character behavior," court documents state.  When the teen reported the behavior to a Face the World counselor, the These materials are the original creative works of WyliE³ Education Misconduct Solutions and may not be copied, distributed or used for any purpose without permission. www.educationmisconductsolutions.com 10 WyliE³ Education Misconduct Solutions’ Research Updated February, 2010 representative "became hostile" with the boy and "accused him of lying," then terminated his involvement in the exchange program, the lawsuit alleges. 8/09 WI 15 year old female  Oshkosh Area School  Former North High School student alleges district officials showed $50,000 plus additional student (now 19 District “deliberate indifference” toward the harassment by denying her the compensation for years old)  The assaulter, Clayton opportunity to speak directly with the building principal and failing to emotional distress Matulle, 23, and his father, undertake an investigation of her claims. Mark Matulle, along with  The victim also claims the district deprived her of rights to a free, public four individuals who education. By failing to address the harassment, the complaint says, allegedly harassed her after district officials prevented her from participating in school activities. the assault:  Bucciferro, Mount and Moore repeatedly sexually harassed the victim  Michael Bucciferro, 23, during school because she had sex with Matulle, according to court David Mount, 22, Joseph documents. Moore, 20, Charita King, 22 7/09 MN 16 year old female  District 84  Count 1 of the complaint alleged that Collum subjected the student to Undisclosed student victim inappropriate sexual contact and interaction with him, and otherwise  Calvin Collum (offending committed assault and battery. teacher)  According to Count 2, District 84 is vicariously liable for the actions of Collum as an employee and teacher of the school district.  Count 3 alleged District 84 failed to exercise reasonable care in examining and evaluating the background of Collum prior to his hire when it should have known that Collum had previously exhibited propensities for inappropriate contact and management of relationships with females and that Collum by background and behavior was otherwise unsuited for teaching and interaction with minor children. As a result, due to the negligence of District 84 in failing to follow appropriate hiring practices, the Plaintiffs sustained damage.  Count 4 alleged that District 84 was negligent in retaining Collum as an employee and teacher when it should have known that he had a pattern of developing inappropriate relationships with minor female students and demonstrated careless disregard for maintenance of appropriate boundaries between male teachers and female students, creating unnecessary danger and risk to the mental and psychological health of the minor students in District 84 including the Plaintiff.

 Count 5 alleged that District 84 was negligent in supervising Collum. 7/09 AZ  Desert Edge coach Susan  The parents claim the district and school were negligent in enforcing Seeking damages "well Jayne Anderson policies regulating coach and athlete interaction that would have in excess of the  The Agua Fria Union High prevented Anderson from taking advantage of their daughter. minimum" but leaving School District the actual amount to a  Desert Edge High School  The lawsuit claims the district did not properly background-check jury to decide. principal and two faculty Anderson before hiring her, and that the family "suffered the loss of members enjoyment of life.

These materials are the original creative works of WyliE³ Education Misconduct Solutions and may not be copied, distributed or used for any purpose without permission. www.educationmisconductsolutions.com 11 WyliE³ Education Misconduct Solutions’ Research Updated February, 2010 7/09 CA 16-18 year old Arcadia Unified School District  The California Supreme Court yesterday left standing a ruling by Undisclosed amount female student this district’s Court of Appeal that allows a woman to sue the victim (Kelsey J.) Arcadia Unified School District for negligent supervision of a teacher with whom she had an affair while still a student. 7/09 NC 15 year old male  Williston principal Mary  The lawsuit accuses Beall and Kilpatrick of negligence in failing to inform The lawsuit seeks student victim Paul Beall the student’s mother of the seriousness of his suspected relationship compensatory damages  Assistant principal Burton with Wishnask and failing to take appropriate steps to protect the in excess of $10,000 Kilpatrick student. from each of the  Former offending teacher  The lawsuit alleges that Wishnask, 27, committed “willful, wanton and administrators. It seeks Jessica Wishnask. gross” negligence in her ongoing relationship with the student, taking both compensatory and indecent liberties with the student and committing statutory rape, which punitive damages in the suit claims caused the student “great mental suffering” and “severe excess of $10,000 from and permanent emotional injuries.” Wishnask.  The lawsuit details their relationship, which allegedly began during the 2007-08 school year, when he was a student in Wishnask’s class.  The document claims that the student was returned to her class the following year on Wishnask’s “specific request,” and that she began communicating with him outside of school hours to cultivate a romantic and ultimately sexual relationship.  Later, the lawsuit claims, she kept in touch with the student via internet social networking Web sites and an iPhone she bought for him.  During her time at Williston, Wishnask was suspended twice to allow administrators to investigate a possible inappropriate relationship with the boy. th 6/09 NC 6 grade male  New Hanover County  The suit claims the school and its principal failed to adequately protect Undisclosed student school board the teen from being sexually assaulted by another student, according to  The Roland-Grise Middle the Supreme Court ruling. The court’s decision means the lawsuit will be School principal, Annette allowed to move forward. Register  The lawsuit, filed on behalf of a former sixth-grader at Roland-Grise Middle School who is mentally disabled, claims that on Jan. 6, 2004, an assistant principal called his mother to tell her about sexual experimentation that took place between the boy, then 14 years old, and another boy in class.  The lawsuit claims he did not consent to the sexual activity and the school should have protected him. He also claimed the school board deprived him of an education free from harm and psychological abuse, thereby violating three provisions of the state Constitution, including the right to an education, the ruling states.  The school board tried to get the case thrown out, but the trial court refused to do so. The school board appealed to the N.C. Court of Appeals, which ruled the board could claim sovereign immunity because it did not carry insurance to cover the negligence claim. Specifically, the school system’s insurance policy did not cover “sexual acts, sexual molestation, sexual harassment, sexual assault, or sexual misconduct of any kind” and

These materials are the original creative works of WyliE³ Education Misconduct Solutions and may not be copied, distributed or used for any purpose without permission. www.educationmisconductsolutions.com 12 WyliE³ Education Misconduct Solutions’ Research Updated February, 2010 “negligent hiring, negligent retention, and/or negligent supervision,” the ruling states.  The sovereign immunity defense has prevailed in lawsuits against the Brunswick County Board of Education that have since been dismissed. Those lawsuits were prompted by alleged inappropriate relationships between teachers and students. 6/09 FL  Clay County School Board  The suit claims the affair was "common knowledge among the students," $150,000  Jennifer Porter (offending and the two were seen necking and caressing on an overnight field trip to teacher) Orlando.  Attorney Gary Edinger said the school district knew what was going on but took no disciplinary action against Porter.  The boy's family is suing the school board for negligence and suing the former teacher for battery. The suit claims she used her authority to coerce him into a relationship.  Note: Porter is no longer employed by Clay County schools. There was no criminal prosecution because the student did not file a complaint until two years later and there was not sufficient evidence to bring charges. 5/09 IL 2 female student  Normal Unit 5 School  The suit says the molestations were the result of "actions and inactions of Each of the 20 counts in victims – 15 and 16 District the defendants that allowed and emboldened Jon White to engage in the lawsuit seeks at years old  Colene House principals acts of sexual misconduct and other tortuous behavior." least $50,000 in Jim Braksick and Edward  Among the allegations were that Unit 5 administrators failed to report damages Heineman sexual misconduct by White to the state as required by state law.  Former superintendent  White worked at Colene Hoose from 2003 to 2005 and was given a letter Alan Chapman of recommendation when he left. He was employed at Thomas Paine  John Pye, former assistant Elementary School in Urbana from 2005 until he was arrested in 2007. superintendent of operations and human resources  Dale Heidbreder, former Colene Hoose assistant principal. Originally filed in IL 15 year old female  Hinsdale High School  Hinsdale High School District 86 is responsible for the abuse because its Undisclosed amount student 2007 District 86 administrators all but ignored an earlier anonymous complaint in June  Superintendent Roger 2000 involving another underage student who had sexual trysts with Apellate Court Miller Mueller. revised ruling  Principal James Ferguson  A DuPage judge dismissed the suit against all but Mueller on Dec. 6, 2007, because of an expired statute-of-limitations argument. 3/09  Appellate justices disagreed, and remanded the case back to DuPage County, March 2009.  The law in Illinois states that if school personnel are aware of sexual abuse, they must report it.

/09 PA 2 female student Upper St. Clair School District  School officials "either trivialized or ignored" reports of a male student's Undisclosed amount victims violent attacks on girls.  The boy who attacked the girls was charged in Allegheny County juvenile court with rape, terroristic threats and assault.  After a similar lawsuit was filed in June, the district said it "responded immediately" when it was notified of the allegations and said the lawsuit contains factual inaccuracies 3/09 NV 16 year old female  Clark County School District  Clark County School District, alleging it had been warned the educator Undisclosed amount student victim  Former teacher Angel was a danger to students but took no action. Menes  The sexual activity apparently was consensual until, the suit says, "Menes touched plaintiff Jane Doe inappropriately and forced her" to perform a sex act.  The plaintiff says that more than a year prior to this incident, a sister-in- law of Menes sent a letter to the Clark County School District "about Mr. Menes’ various sexual proclivities, drug usage and violent temper. ’’The school district did not contact the woman.  Jane Doe also claims that prior to April 11, 2008 -- the date of an incident with a student that led to Menes’ arrest -- the school district was warned by another student that Menes was attempting to have sex with her.  Jane Doe, who says she suffered physical and emotional injuries, says the school district was negligent in hiring Menes, in failing to investigate his background and in failing to act on reports about his sexual activities. 3/09 AR Teacher Andrea Texarkana School District and  Accused of denying her the right to confront her accusers when they Undisclosed amount Johnson the Board of Directors (students) accused her of unprofessional conduct. 2/09 PA 5 former ESU  East Stroudsburg University  Sexual Harassment (quid pro quo) $50,000 in students  Sanders compensatory damages,  Dillman as well as damages for  Borland humiliation, emotional  Victoria Sanders distress, loss of self-  The Board of Trustees esteem and loss of life’s pleasures. 2/09 NV 3 separate cases 3  Richard Lopez – Principal  Sexual harassment and assault Undisclosed student victims file (harassment against suits against 3 teacher applicant) individual teachers  Pete Garcia – teacher and all accused of sexual bus driver (harassment of misconduct at student victim) Robertson High  Jay Quintana – Coach School (sexual assault of student victim)

1/09 WV 1 female student Kanawha County School Board  Teacher "utilized his position in the school to arrange for [the girl] to be Undisclosed amount victim excused from class so that he could meet, kiss, hug, fondle, and otherwise inappropriate[ly] touch [her] during school hours and on school property for his personal sexual gratification,"  Other teachers questioned the victim and the teacher about the absenses but no formal reports were filed.  After the teacher was charged and the student returned from a week’s absence, other teachers and students harassed, intimidated and bullied the student, until a school board employee contacted her mother and said she was no longer safe at Capital High School, the suit maintains. 12/08 NH 3 female student Winnisquam Regional School  Three women are suing the district, alleging they were repeatedly Undisclosed amount victims District molested as students at Winnisquam Regional High School in the 1970s and early 1980s while administrators did nothing in response.  Patience Cameron, 45, of Jefferson and Peg Patrisso, 44, of Sarasota, Fla., say they were abused by Garland, then a biology teacher and coach at Winnisquam. Garland, now an assistant principal at Exeter High School, was placed on paid leave in early November when the allegations surfaced.

 The third woman to sue, Joan Barnum, 49, of Holderness, says she was molested by a former guidance counselor. 12/08 NM 1 student victim Individual – Cheryl Bradford (a  Bradford "used her position of authority as an APS special education Undetermined enrolled in community support liaison with counselor to sexually and psychologically abuse" Romero, the lawsuit compensatory and Albuquerque Public the district's Transition Services says. punitive damages. Schools Adult program) Connections to  The lawsuit alleges deprivation of due process and violation of equal Community protection and First Amendment rights. Education and Support Services program (ACCESS) 12/08 TX 1 female student  Teacher – Kerry Foulk  According to the lawsuit, the girl was invited to spend the night at Foulk's Undisclosed victim (15 years old) home in September of 2006. The lawsuit alleges that when everyone was out of the home, the defendant began drinking and became intoxicated, and also provided alcohol to the girl.  The suit alleges "at a time when the Defendant was intoxicated, Defendant forced the girl onto the bed and physically and sexually molested her."  The lawsuit claims "as a result of the molestation, the girl sustained serious personal injuries, including physical, psychological and emotional trauma. The girl had extreme difficulty sleeping, severe mood swings and emotional outbursts, and extreme episodes of crying uncontrollably."  The girl's family says she still receives psychological care and counseling. These materials are the original creative works of WyliE³ Education Misconduct Solutions and may not be copied, distributed or used for any purpose without permission. www.educationmisconductsolutions.com 15 WyliE³ Education Misconduct Solutions’ Research Updated February, 2010 11/08 LA 1 student victim LSD and State of LA  Negligence Undisclosed amount family  Unsafe and inadequate supervision 10/08 IL 9 student victims Unit 5 and Urbana School  Unit 5 was aware of inappropriate behavior and granted a letter of $30-40 million between Districts recommendation as part of his settlement two districts involved  Admitted to pornography on school computer  Negligence  Failure to report  Deliberate indifference 10/08 TN 1 student victim Teacher/Coach Idlette and  Statutory rape by an authority figure undisclosed Baylor School (his alma mater)  Negligence on the part of the District 10/08 OH 1 student victim Teacher Frazekas, Marion City  Teacher acted unlawfully, maliciously and intentionally 50,000 plus court costs, family BOE, BCBS (insurance co.)  Failure to provide safe environment legal fees  Negligence 10/08 CA 2 student victims of Poway Unified School District  Failure to respond to severe and pervasive harassment 175,000 and 125,000 peer harassment  Deliberate indifference plus 400,000 court costs and fees 09/08 WA 1 student victim Eastmont School District  Failure to report Undisclosed amount family  Failure to protect  Failure to adequately train 09/08 TN 2 student victims Teacher Angus and Maury  Failure to protect 25,000 plus medical County BOE expenses per student 08/08 OK 1 student victim Muskogee County School  2nd degree rape 2.1 million- Giacomo District and Teacher Giacomo  Negligence $600,000 - District 08/08 SC 1 student victim Laurens 55 & 56  Negligent in hiring Undisclosed amount  Failure to train staff on recognizing behaviors 06/08 PA 1student victim Upper St. Clair School District  Failure to protect Undisclosed amount family  Negligence 05/08 TN 1 student Carter County BOE and Teacher  Sexual harassment $600,000 (requested) Mark McClain  Deliberate indifference 05/08 TN 6 student victim Hawkins BOE  Sexual exploitation of a minor and solicitation of a minor $70 million families  Child pornography  Defacing evidence  School system negligent in hiring and detaining Noel 03/08 MD 15 year old student Offending teacher, Kristen Ann  Alleges Kinley intentionally exploited a child who was being treated for $3 million victim (now 18) Kinley State of Maryland, the depression when the sexual assault and battery occurred. Howard County Board of  Accuses the other defendants of breaching their duty to protect students Education, and Hammond from employees and cites a pattern of inappropriate sexual behavior Middle School Principal Kerry between children and teachers in Howard County’s school system. McGowan

 Alleges a school official "with the authority to take corrective measures" knew of, or had been told about, the abuse and did nothing to protect her. 02/08 OR 3 male victims Lake Oswego School District  Allege their Bryant Elementary fifth-grade teacher, Judd W. Johnson of $6.3 million claiming abuse Lake Oswego, touched them inappropriately inside their clothing in class more than 30 years in 1973 or 1974. ago  One objective of the civil suit, filed in Clackamas County Circuit Court, is to challenge the constitutionality of the two-year statute of limitations on abuse charges against Oregon government employees.

 Under Oregon law, victims of sexual abuse have only two years to file a suit against a government agency, though there is no statute of limitations for private organizations such as the Boy Scouts or churches.

02/08 SD I male victim (53 The Sioux Falls Catholic Diocese  Alleges the suspect teacher, Bob Krantz, assaulted him after typing class $500,000 year old Thomas in 1970. Gust, alleging assault in 1970)  Gust accuses school administrators of not taking action  The suit alleges that administrators called Gust’s parents and said he was causing trouble in class. 12/07 SC 15 year old student Beaufort County School District  Alleges district and school board members were negligent -m they did Undisclosed victim (now 18) nothing to prevent the abuse from occurring and under-reacted a  On several occasions and "in plain view" of school administrators, Robertson-Shaffer (offending teacher) would "inappropriately touch, rub against and/or hug the then-minor plaintiff. 12/07 Maine Female student Teacher, Christopher Dumaine  The lawsuit seeks compensation for negligent and intentional infliction of $800,000 victim's parents and emotional distress, breach of duty to educate and protect the girl, as well stepfather, Jerry as punitive damages. Ashlock and Barbara Niccoli-Hiltz and Rodney Hiltz 12/07 NY 3 student victims Yonkers School District  Three female students have accused the music teacher of sexually More than $1 million harassing and abusing them.  The allegations have resulted in two lawsuits against the district and the city, and a federal suit seeking $1 million.  Student allegations against Westhoff include lewd language and unwanted touching of the breasts and torso.  (No other key information was located)

10/07 TX Carolyn Mosley, Austin Independent School  Lawsuit filed under Title IX, a federal law prohibiting sex discrimination in $23.2 million mother of deceased District public schools. student victim  The suit claims that school officials violated her daughter, Ortralla Mosley's rights by failing to protect her. 09/07 NC 3 different student Brunswick County School  Total of 3 different lawsuits Less than $100,000 victim families District  Parents accuse school officials of negligent supervision. combined damages  Parents accuse school officials of failing to prevent or end inappropriate contact between their child and a school staff member.  Suits allege/accuse the district of trying to cover up evidence. 07/07 NC Family of student Guilford County School District  School Board was negligent, stating that they did not report Brent Undisclosed victim that filed one Wuchae's (offending teacher) alleged relationships with other female of the suits against students in Guilford County. Brunswick County  Guilford County Schools were aware of Wuchae's behavior, and didn't School District properly report it, or make notations in his personnel file.  The teacher then moved onto Brunswick County.

As in the case of those lawsuits settled, the allegations and accusations contained within these civil lawsuits, point toward administrators taking little action in the prevention of sexual misconduct and in the successful management of the issue. They did not provide appropriate training, and also, had ineffective policies and procedures in place for handling complaints. They therefore failed to protect students from harm.

Sources: Newspapers (Hardcopy and/or online): Databases: http://www.lawyersandsettlements.com Westlaw Database (private access) http://teachertrash.blogspot.com http://www.thesmokinggun.com Public Records: County District and Superior Court Records