Madison County Chief Judge Ann Callis is set to hear a move by the O'Fallon school district's teachers union to dismiss a suit brought by a woman who claims it concealed the past of a music teacher who went on to have a sexual relationship with her teenage daughter.
The O'Fallon Federation of Teachers filed its motion to dismiss the suit brought by plaintiff Jane Doe last year.
Jane Doe is suing the union, O'Fallon School District #203 and former music teacher Matthew Lang for multiple counts including claims of sexual battery against her daughter, Mary Doe.
The motion is set for hearing at 9 a.m. on Feb. 4.
Jane Doe filed suit in 2009 originally against Lang and the Alton school district.
Lang, a former music teacher at an Alton district high school, pled guilty last year to criminal charges in connection with his sexual relationship with Mary Doe, a student at the Alton school.
Her mother later added Lang's former employer, the O'Fallon district, and its teachers union.
The Alton defendants were dropped from the case.
Jane Doe alleges that the O'Fallon defendants concealed information about Lang's previous inappropriate relationships when Alton officials asked about Lang during the employment search that eventually brought him to their district.
The O'Fallon district has tried unsuccessfully to have the case sent to St. Clair County.
The teachers union contends in its motion to dismiss that the intervening criminal act at the heart of the suit negates its duty to Doe.
The motion also alleges the plaintiff is improperly seeking punitive damages while merging claims.
The teachers union also takes issue with Madison County as the suit's venue because all of the alleged acts took place in St. Clair County.
Thomas Falb represents Doe.
James Craney represents the O'Fallon district.
Chris Kolker represents the teachers union.
The case is Madison case number 09-L-886.