The Fifth District Appellate Court has denied O'Fallon School District #203's attempt to send a sexual battery suit brought by the mother of a teenager who had a relationship with her music teacher to St. Clair County.
The appellate court denied the move Dec. 7.
O'Fallon had moved to appeal the denial of a transfer order in the case entered by Madison County Chief Judge Ann Callis in September.
Plaintiff Jane Doe is suing the O'Fallon school district and its teachers union for allegedly concealing information about music teacher Matthew Lang's previous inappropriate relationships with students when officials from the Alton school district asked about Lang during a job search.
Lang was later hired by the Alton schools as a band teacher where he began a sexual relationship with the plaintiff's teenage daughter.
Lang was arrested and charged in connection with the relationship.
He pleaded guilty to those charges earlier this year.
Jane Doe is seeking damages in excess of $50,000.
While her suit originally named the Alton district, it was dropped from the suit earlier this year.
O'Fallon had asked to move the suit to St. Clair County.
It argued St. Clair County had a greater connection to the case because that was where the alleged concealment took place.
The O'Fallon defendants deny the plaintiff's claims.
The school district had also been seeking a stay of the litigation while the appeals court considered its plea to reverse Callis' denial of the transfer.
The suit is set for case management before Callis Dec. 15 at 9 a.m.
Thomas Falb represents the plaintiff.
James Craney and others represent the O'Fallon district.
Lang does not have representation listed in the civil suit.
The case is Madison case number 09-L-886.