BELLEVILLE – East St. Louis School District 189 denies liability for the rape of a minor in a high school class without any teacher but Zoom.
The district asserted local government immunity in August, in a motion to dismiss a Mary Doe complaint in St. Clair County circuit court.
School district counsel Garrett Hoerner of Belleville stated that a plaintiff must plead prior awareness of sexual violence by the assailant.
He claims foreseeability is necessary for a claim of student on student assault.
Attorney Jeffrey Deutschman of Chicago sued the district for Mary Doe on July 1, alleging that the rape occurred on June 24.
He claims the district allowed some students in person learning and extended the school year to the end of June.
“Despite the fact that the school was open and had students in class, the defendant understaffed the school and only a few teachers and administrators were present,” Deutschman wrote.
“Many of the unused classrooms however remained open and accessible to the student population doing in person learning.
“There was no teacher supervision of the students including the plaintiff during the school day.
“A teacher was present on computer by Zoom.”
He claims a student grabbed Mary Doe and dragged her to an unlocked classroom on the second floor where he sexually assaulted and raped her.
He claims she suffered injuries including depression and post traumatic stress.
Hoerner argues in his motion to dismiss the complaint that a plaintiff must demonstrate a known impending danger.
He cited a precedent that a teacher’s mere act of leaving children unsupervised didn’t establish willful and wanton misconduct.
He claims security officers had been hired and were working at the school.
He claims decisions about locking unused rooms and hiring employees are policy determinations.
“Policy determinations are considered to be those acts that require the public entity or employee to balance competing interests and to make a judgment call as to what solution will best serve each of those interests,” Hoerner wrote.
He claims that in contrast to a requirement that an injury occur under an employee’s control, “the alleged crime did not occur in a staffed classroom but in an empty classroom.”
Circuit Judge William Stiehl presides.