COLUMBUS, Ohio (WCMH) -- Parents are suing the Columbus Board of Education and a district teacher after she allegedly physically assaulted their 5-year-old.
This teacher, who will not be named because she has not been charged with a crime, works at Parkmoor Elementary School, where the alleged incident took place. She’s been there since 2015 and has an active teaching license from the state. NBC4 Investigates requested this teacher’s disciplinary record and personnel file.
Her file shows that she was reported for “some kind of physical contact with a pre-k autistic student” on May 3.
According to the complaint, the 5-year-old is diagnosed with autism, which the school is aware of. The child is on a plan with the district that mandates school responsibility for accommodations for the student.
"This was a preschool child, you know, and what we need to expect is that our teachers, and in particular our preschool and kindergarten teachers, can have the patience and be the adult in the room," Jared Klebanow, the lawyer representing the CCS family, said.
In her file and in the lawsuit, it says the student was sitting in front of the cafeteria, refusing to move. Documents say it was all caught on video: a video NBC4 is working to obtain.
The teacher allegedly told her colleague to kick the student, then said she was joking. She is then reported as “plowing into” the student. That is apparently out of view of the camera.
What is seen on video, according to the documents, is the child kicking her in the shin and then the teacher picking him up and carrying him to the office.
The lawsuit claims that when the other teacher refused, Fullerton intentionally struck the child and knocked him over. It then says after knocking him over, the teacher kicked him while he was on the ground.
"If a child doesn't move exactly when they say they should move, they, of course, have no right to physically assault the child," Klebanow said.
District documents show the teacher received a “written reprimand” for this incident.
"We have to hold our school districts and our teachers accountable. You know, it doesn't mean that teachers can't have a bad day or be frustrated, but a bad day or being frustrated cannot lead to assaulting a child under any circumstance," Klebanow said.
However, it’s not the first time this teacher's behavior has been called into question.
In the pre-disciplinary report for this incident, the Parkmoor principal was asked about the teacher’s behavior.
She said this teacher was caught drinking on the job. This is referenced multiple times throughout the documents we received from the district, but there is no mention of disciplinary action.
The district and the teacher will be served with the lawsuit, then they will have a chance to respond.
"Parents have a right to know what's going on with their kids, especially at this age in schools. So hopefully in the future, there's more transparency within the district," Klebanow said.
NBC4 reached out to the district for a statement. They said the teacher is still employed at CCS and added:
"The District is reviewing the Complaint and will respond as appropriate. Regarding your other inquiries, the District strictly follows its Substance-Free Workplace policy, which outlines the procedures and consequences for violations. Concerning the separate allegation of the teacher kicking a student, the teacher received formal discipline of a written reprimand based upon no prior disciplinary history. The District takes all allegations seriously and ensures each case is thoroughly investigated. We want to reassure you that the safety and well-being of our students is our top priority, and we are committed to maintaining a fair and consistent discipline process."
The complaint has five claims against the teacher and district. The school board is being sued for failing to properly train and supervise employees. In addition to assault and battery claims, the teacher is facing due process claims for the incident. She is also named in a civil liability claim for knowingly causing harm. Both parties are facing an intentional infliction of emotional distress claim.
The parents are seeking damages, both financial and punitive, and a trial by jury.
