Facts

The plaintiffs were four elementary school girls in Doe School District. For a period of months, the girls were subjected to conduct from a male teacher including one or more of the following: Rubbing the girl(s) shoulders and backs; hugging the girl(s) from behind so his arms touched their chest; hugging from behind and pushing his genitals up against the girl(s) buttocks; laying his head on the girl(s) chest; slapping the girl(s) buttocks with his hand; placing his hand inside the front of his pants as he sat at his desk while one girl stood next to him; hugging one girl from behind, raising her shirt and rubbing his hands on her stomach.

The children complained to their parents, who reported the incident to school authorities. The parents also contacted the police who conducted an investigation of the incidents. After questioning the teacher and the children, the police declined to pursue the matter and no criminal charges were filed against the teacher. However, he was dismissed from his position due to a collection of events culminating in these four plaintiffs' complaints.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendant school had notice that the teacher was unfit to teach students and was a potential danger to students. The plaintiffs contended that the teacher's history made him unfit for the position of teaching young children and that the teacher required close supervision, which he did not receive.

The plaintiffs' counsel located and deposed students as well as the parents who had made prior complaints to the school about the teacher doing similar things to other children, and engaging in hostile, aggressive behavior with children and adults prior to this case. The plaintiffs' counsel also determined that the teacher had been dismissed from a prior teaching position at a different district for misconduct towards co-workers.

DEFENDANTS' CONTENTIONS:
The defendants contended that the incidents were minor, and that the children were inconsistent in their reports to police and were therefore not credible. The defendants also contended that their hiring and supervision of the teacher was reasonable and that they terminated him after the final incidents were reported.

Injuries

The plaintiffs claimed emotional distress injuries.

Result

The four plaintiffs settled the entire case collectively for a total of $1.5 million, which was divided among the four plaintiffs. The settlement discussions took place during mediations before Judge Thomas Nuss, retired of IVAMS.

Other Information

FILING DATE: Sept. 15, 2006.