Yesterday, a Complaint was filed against the Chicago Board of Education and an Ogden special education teacher that alleges wrongful sexual misconduct with an autistic 6 year old. According to the art teacher who witnessed the incident, there was “a lot of physical contact” that she described as “inappropriate and disgusting” and that the whole episode made her “sick to her stomach”.
The art teacher stated in this Complaint that for approximately 30 minutes that she, a student teacher, and a parent-teacher volunteer witnessed ongoing “kissing (including a kiss to the lips), touching, and embracing between [the special education teacher] and John Doe. The art teacher stated that she was a “nervous wreck”. Immediately after class, the teacher did her duty as a “mandatory reporter of suspected child abuse” and reported the incident to the [principal], filing a “written confirmation of suspected child abuse and neglect report mandated reporters form”.
The Complaint also alleges that there were other episodes when the mother came to school to find her child, and Doe and [the special education teacher] were inexplicably absent at the musical assembly and the student could not be found. After searching 30 minutes, [the special education teacher] and Doe emerged from a basement and Doe was observed to have a “brown ring around his mouth”. No explanation regarding this incident was ever provided to Jane Doe by Ogden School.
The Complaint further alleges that on the deposition of the assistant principal repeatedly took the Fifth Amendment when asked: (a) “whether she had made false and misleading statement to investigators to protect [the special education teacher]; (b) whether she and other Ogden school teachers and staff had participated in a scheme to cover up [the special education teacher’s] sexual misconduct with Doe; (c) whether she was aware of attempts by teachers and staff to force and intimidate the whistleblower to retract her statement she had filed about [the special education teacher’s] sexual misconduct; (d) whether she was aware that teachers or others at Ogden protected a pedophile or intimidated mandated reporters that such conduct carried criminal penalties.”
The Complaint additionally alleges that the Board of Education has taken the position they will not allow [the assistant principal] or any other CBOE employees to be disposed on this case, until they consult with criminal counsel and obtain appropriate legal advice. And, that the Board of Education attorney terminated [the assistant principal’s] deposition in order for her to retain personal criminal counsel.
The Complaint was filed by the firm, Ruberry, Stalmack & Garvey inChicago, with the case currently pending before Judge James O’Hara, who is the motion judge in the Circuit Court of Cook County.
From the Manual for Mandated Reporters, which is given to every teacher, including the [assistant vice principal], it cites the Illinois Criminal Code which makes it a felony to intimidate anyone individually or to be part of a scheme whose object is to prevent discovery of abuse or neglected children by lawful authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution.
Parents send their children to school for an education and a safe haven away from home. It is expected that a school protects their children from harm and abuse. An autistic student that can not speak is placed in a school’s care and it is assumed he will not be sexually molested, especially a kindergartner who is unable to communicate and does not know right from wrong. But, what happens when a school is repeatedly accused of sexual misconduct by a teacher and no action is taken by the administration to address these issues?
Tags: autistic children, CBOE, Chicago Board of Education, Chicago Tribune, Circuit Court of Cook County, education, Ogden International School, pediphile, Ruberry, self-help, sexual abuse, sexual abuse of a minor, sexual abuse of autistic child l, Stalmack & Garvey