Settlement
$750,000 Recovery - Sexual Assault
Carolyn S. Daley
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
Sexual assault – 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. 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. Student A, left unsupervised in the bathroom at Bogan sexually assaulted John Doe who was also unsupervised in the bathroom. John Doe reported the assault to another student at Bogan who subsequently reported it to a teacher.