John Doe, a disabled person, by and through his parents Jane Doe and John Doe II, v. The Board of Education of the City of Chicago (Cook County)
Sexual assault settlement. John Doe was a disabled minor in the cluster program at Chicago Public School’s Bogan Technical High School. He has had an IEP since he was in preschool at CPS. According to John Does’ IEP, he required a paraprofessional, among other things, to supervise while transitioning throughout the building, to and from all specials, lunch, on and off the bus, and in the bathroom. Student A was another cognitively disabled minor in the cluster program at Bogan High School. CPS knew that Student A had an IEP, a functional behavior assessment, and a behavior intervention plan that addressed, among other things, his significantly maladaptive behaviors, violent behavior including physical and verbal aggression toward others, anger control, and inappropriate sexual behaviors. CPS was aware that Student A was a danger to himself and others as it was documented in Student A’s IEP. Prior to attending Bogan, Student A required a one-on-one dedicated paraprofessional aide. While at another CPS school, Student A was found in a bathroom stall with two other students from the cluster program and according to CPS’ documents a Safety Plan was developed for him. The staff involved in this bathroom incident were very concerned that the dedicated aide for Student A was not in place and may have been a contributing factor. The staff said this needed to be addressed to deter from any future occurrence. Despite this, at Bogan Student A was not given a one-on-one dedicated aide. In June of 2016, another disabled student in the cluster program at Bogan reported being sexually assaulted on more than one occasion in the bathroom at Bogan by Student A. The administration was aware of these allegations and did nothing to protect other students. Student A was not given a dedicated aide and his teachers and aides in his classroom were not advised that there were allegations that he sexually assaulted another student. Bogan and CPS did not implement a Safety Plan for Student A to prevent this from happening to another student. Student A continued to be a student at Bogan and was not provided with a dedicated aide for the 2016-2017 school year, despite these allegations and ongoing behavioral and disciplinary infractions. On February 8, 2017, John Doe’s bus was late bringing him home from school. Upon arriving home, he was agitated and kept hitting himself saying he hurt me. Upon inquiry by his mother, he advised that Student A sexually and physically assaulted him.
Co-counsel with Larry R. Rogers, Jr.