Ed Law Briefly: The Whole Truth

RCEd Commentary

Background: Jon White, a teacher at Thomas Paine Elementary School in Urbana, Illinois, sexually abused two girls. That is an undisputed fact. White previously worked at the Colene Hoose Elementary School in Normal, Illinois, and left under terms of a settlement agreement struck after school officials became aware of "White's teacher-on-student sexual harassment, sexual abuse, and/or sexual ‘grooming' of minor female students." He pled guilty to two counts of aggravated criminal sexual abuse.

The incidents were never recorded in his personnel file. Building officials also failed to report the abuse as mandated by state law and declined to investigate parent complaints. The Normal, Illinois district did discipline White for his reprehensible behavior. However, the settlement agreement concealed his abuse of students and included a "falsely positive letter" about his abilities. The written recommendation intentionally made no mention of his sexual proclivities.

The mothers of the girls claimed that Thomas Paine Elementary school officials were misled by false information when they hired White. The duo sued the Colene Hoose principal and assistant principal along with the superintendent of the McLean County Unit School District No. 5, and the director of human resources.

Issue: Is a school district that conceals the fact that a former employee was sexually abusing girls therefore liable when an unaware school district hires the predator and he does it again?

Legal Principles: Under state and federal laws, school districts and the people who work for them (e.g. principals, teachers, and central office administrators) are generally immune from lawsuits if they follow school policy or reasonable practices. When they deviate from expected behavior, that immunity is stripped away and employees can be personally financially responsible for damage caused by their wayward act. The question here is whether immunity cloaks school officials and the district from legal responsibility or not.

Outcome: The Illinois Supreme Court determined that school officials owed a duty of care to the girls. The opinion also decried the false letter of recommendation. The court concluded that district officials acted willfully and wantonly and negligently by falsifying White's record on an employee verification form sent by Urbana. The opinion explained that, "At the time that Urbana hired White, it had no reason to believe that White's nonrenewal by McLean was the result of his misconduct." The court stressed that the injuries suffered by the Thomas Paine girls was foreseeable, given his actions at Colene Hoose Elementary.

Urbana was blindsided, the court observed. "Had Urbana been made aware of the discrepancy in White's prior employment with McLean, it is certainly possible that it would have investigated further and either not hired White or fired White before he abused the plaintiffs in this case. Furthermore, where a teacher who is known to have abused children is hired in a teaching position at another school, the likelihood that students at the next school will be abused by that teacher is within the realm of reasonable probability."

Lessons for Principals and Teachers:

• What do your state laws say about the duty of educators to report suspected child abuse or neglect? 
• A "passing along" approach to getting rid of employees who are sexual predators can result in a lawsuit and personal financial liability later on. 
• If principals and assistant principals decide to fill out employment verification forms from an inquiring district, they should do so honestly.
• School districts should take seriously the complaints of parents who are skittish about a teacher who seems too intimate with children.

Illinois Supreme Court
Doe-3 v. McLean County Unit District No. 5 Board of Directors, Docket No. 112479 (August 9, 2012).

_{Note: This information is not intended as legal advice. Federal and other court decisions can differ depending on what region of the country you live in. State laws also weigh in on certain issues. All cases are for educational purposes only, and meant to demonstrate how courts or administrative agencies have acted in specific instances as well as to provide information that can bolster the overall legal literacy of teachers and administrators. Local school attorneys can provide more detail about local law.}