3/14/2008 7:00 AM
By Lawrence Smith -Mason Bureau
The West Virginia Record
POINT PLEASANT - The Mason County Board of Education has been named as a co-defendant in two civil suits alleging responsibility for injuries two special needs students suffered at the hands of their teacher.
That teacher, who is named a co-defendant, has a pending suit against the Board challenging an administrative law judge's decision upholding the Board's decision terminating her for the alleged acts.
On Dec. 19, two Mason County residents, identified only as M.F. and A.C., filed separate lawsuits alleging their children, identified only as C.F. and J.C., respectively, were improperly disciplined by their New Haven Elementary preschool teacher, Katherine Parrish. According to the suits, which are identical in wording expect for the names involved, the infants suffered "physical and emotional abuse" as a result of Parrish's actions.
In their complaint and suit, filed with the assistance of Matthew L. Clark, with the Point Pleasant law firm of Kayser, Layne and Clark, the residents allege that Parrish on several occasions between August and December 2006, "placed the infant [C.F/J.C] into a body sock, which brutally restrained [C.F./J.C.] in an abusive manner inconsistent with the child's Individualized Educational Plan or any accepted teaching practice."
Also, the suits allege Parrish, "covered the infant's face and head in an unreasonable manner for an undetermined amount of time while [C.F./J.C.] was restrained in the body sock." During the time they were each restrained, eyewitnesses observed Parrish leave the room.
Likewise, eyewitnesses observed Parrish "pick up [C.F./J.C.] and slam [C.F/J.C] down on the bleachers in an abusive manner." Because of the "physical and mental abuse [C.F./J.C.] suffered at the hands of Katherine Parrish, [C.F./J.C.] frequently recalls the abusive events and becomes frightened, and utters phrases consistent with the abuse endured," the suits allege.
According to court records, Parrish's actions where not halted until Susan Howard, a teacher's aide, reported it to the Board on Dec. 14, 2006. However, Clark says the school's principal, Robert Vaughan, was alerted to this matter a week earlier, but did nothing."
Defendant, Principal Robert Vaughan's inaction allowed the emotional and physical abuse of Defendant, Katherine Parrish, to continue until the Mason County Board of Education suspended and eventually terminated the employment of Defendant, Katherine Parrish," Clark said.
Because of his alleged inaction, Vaughan is named a co-defendant in the suits.
According to court records, the Board terminated Parrish, who lives in Ripley, on Jan. 18, 2007. On July 9, the West Virginia Education and State Employees Grievance Board upheld the school board's decision.
In the suit, Clark alleges that the actions of the three defendants has resulted in the infants to incur "Physical pain and suffering; Medical bills and costs; Mental pain, Suffering and anguish; Anxiety; and Loss of ability to enjoy life."
As compensation, Clark is asking that the three defendants be held jointly and severally liable for their actions so the infants may be awarded "an amount above and beyond the jurisdictional limits of this Honorable Court with prejudgment interest at the legal rate set forth by statute, post judgment interest, costs and attorneys fees incurred in the prosecution of this action."
"Further," Clark added, "Plaintiff[s] demand judgment against Defendant Katherine Parrish, for exemplary and punitive damages in an amount to be decided by a jury, and such further relief as the Court may order just and proper."
Teacher challenging termination
Though the suit was filed in December, neither of defendants has filed a reply. However, in a separate lawsuit, Parrish has challenged her termination.
As first reported by the West Virginia Record, Parrish, with the assistance of James M. Casey and Jeremy Vickers of the Casey Law Offices in Point Pleasant, filed an appeal of the Grievance Board's decision to Mason Circuit Court on Aug. 8. Casey and Vickers challenged personal observations Denise M. Spatafore, the administrative law judge, made in her ruling as "arbitrary, capricious and characterized by abuse of discretion and clearly warranted exercise of discretion."
Other than the Board via its attorney Gregory W. Bailey with Bowles, Rice, McDavid, Graff and Love's Morgantown office filing a motion to dismiss on Aug. 13, and Casey and Vickers submitting the entire record of the Grievance Board's finding into the court record on Oct. 25, no new action has been taken in the case.
All three cases are before Mason Circuit Judge David W. Nibert.
Mason Circuit Court, Case Nos. 07-C-191 (M.F., as guardian and next of kin to C.F.), 07-C-192 (A.C., as guardian and next friend of J.C.) and 07-AA-119 (Parrish)
Showing posts with label Body Sock. Show all posts
Showing posts with label Body Sock. Show all posts
Friday, March 14, 2008
Friday, February 22, 2008
Police Say Florida Teacher Abused Students
Staff Report
Published Friday, Feb. 22, 2008
VENICE, FL — A Venice Elementary School teacher is under arrest this morning, charged with the abuse of mentally handicapped students in her classroom. Venice police say Diana Z. O'Neill hit students on more than one occasion, kicked a child and twisted a child's arm behind his back. Two teacher aides in O'Neill's classroom came forward because they were concerned that the students were in danger, according to police. One of the aides gave school officials a written log of the incidents of alleged abuse.Police documents list four of the five students in O'Neill's classroom as victims in the case. The school district placed O'Neill on administrative leave last week. She turned herself in at the Venice Police Department on Thursday. She's charged with four counts of aggravated child abuse. Police reports say that O’Neill routinely hurt four of the students in her class.
Girl, 7, punished with "body sock"
Parents of a 7-year-old girl, who has the motor skills of an 11- to 14-month-old child, say the teacher’s physical abuse caused their daughter to lose enthusiasm. She had trouble sleeping and became quick-tempered, police reports state.
Aides reported O’Neill had kicked the girl in the legs, hit her in the head with objects, pushed her to the floor and used a “weighted blanket” and a “body sock” — two therapy tools that restrict movement — to punish her.
The aides told police that O’Neill told the girl to get out of a chair on Oct. 12 and gave her “a good push,” causing the girl to trip and hit her head on the floor so hard she started to cry, although she rarely cries.
The girl went to the school nurse, who filled out an incident report based on what O’Neill told her — that the girl “tripped on chair leg — fell backwards on floor,” police records state.
The aides told police O’Neill struck the girl numerous times in December, including three times with a board and with her hand on Dec. 5; with her hand, an arm brace and twice with a binder on Dec. 12; with an arm brace on Dec. 17; and with a water bottle on Jan. 14.
When O’Neill pushed the girl on Jan. 18, she hit her head on a metal door frame and caused a lump, but O’Neill reported the girl “fell into a wall” and had “zero sign of head injury, applied ice,” police said.
A week later, O’Neill got out a blue weighted blanket and wrapped up the girl from head to toe with her hands at her side, and then let her go, one aide told police.
The girl lost her balance and hit her head as she fell to the floor, police reported. As she tried to free herself, she hit the base of a swing, and O’Neill chuckled, the aide told police.
O’Neill also used the body sock to cover the girl, pinning her arms to her sides, then gave her a little push, and the girl fell into a shelf and hit her head, the aide told police.
The girl’s parents told police that since O’Neill was removed from the classroom, the girl has been happier, more verbal, more social, a better sleeper and less aggressive when agitated.
Autistic boy allowed to hit head on wall
A boy in O’Neill’s class who is diagnosed with autism, seizure disorder and developmental delay, has the abilities of a 15- to 24-month-old child, police reports said. His mother says the boy does not know right from wrong in most cases, and has little understanding of consequences.
Aides told police that O’Neill would wheel his chair into the corner when the boy acted up at lunch, leaving him there. The boy would respond by hitting his head on the wall and O’Neill would say sarcastically, “don’t hit your head,” but allowed him to continue.
Once in the corner of the cafeteria, out of sight of most people, O’Neill would also twist his arm behind him or twist fingers until he cried out in pain, the aides said.
There is a chair the boy can be restrained in as an alternative way to control him, the aides said.
The boy has his own nurse with him at all times because of a seizure disorder, but O’Neill would not allow the nurse in the classroom because she said he is a distraction to learning, the aides said.
Girl backhanded in head, reports say
An 11-year-old girl who is in a wheelchair, who had half of her brain removed when she was 11 months old, still has a soft spot in her head where the sections of the skull do not meet. She is also prone to seizures.
O’Neill backhanded the girl in the head, fed her in a rough manner that caused the girl’s lip to bleed and degraded her in front of others, according to police reports.
An aide told police that O’Neill was feeding the girl on Jan. 28 and backhanded her in the head when the girl did not follow prompts to choose between a bite of food or a sip of her drink.The aide said O’Neill would ram the spoon in the girl’s mouth during meals so hard that her gums bled.
Boy, 8, came home with bruises
An 8-year-old boy in O’Neill’s class has Down syndrome and a seizure disorder. His mother told police he has come home from school with bruises on the back of his thighs.
The aides told police O’Neill has hit him in the head with a variety of objects, kicked him in the buttocks, slapped him and pulled a rag from his mouth so hard that it removed a tooth.
O’Neill also used a gait belt as a leash that left bruises and scratches on the boy’s back and neck.The boy just learned to walk and gets tired, and one day O’Neill placed a cloth belt across his chest and under his arms when he sat down on the floor to rest, the aides told police.
O’Neill used the belt to yank the boy to his feet several times, telling him, “You’re going to stand,” aides told police.
Another time, the boy bit down on a wash cloth O’Neill was using to clean out his mouth and she yanked it out so hard that a bottom tooth went flying over her right shoulder, the aides told police.
Last modified: Friday, Feb. 22, 2008 at 2:51 p.m.
http://www.heraldtribune.com/article/20080222/BREAKING/338604838/-1/news
Published Friday, Feb. 22, 2008
VENICE, FL — A Venice Elementary School teacher is under arrest this morning, charged with the abuse of mentally handicapped students in her classroom. Venice police say Diana Z. O'Neill hit students on more than one occasion, kicked a child and twisted a child's arm behind his back. Two teacher aides in O'Neill's classroom came forward because they were concerned that the students were in danger, according to police. One of the aides gave school officials a written log of the incidents of alleged abuse.Police documents list four of the five students in O'Neill's classroom as victims in the case. The school district placed O'Neill on administrative leave last week. She turned herself in at the Venice Police Department on Thursday. She's charged with four counts of aggravated child abuse. Police reports say that O’Neill routinely hurt four of the students in her class.
Girl, 7, punished with "body sock"
Parents of a 7-year-old girl, who has the motor skills of an 11- to 14-month-old child, say the teacher’s physical abuse caused their daughter to lose enthusiasm. She had trouble sleeping and became quick-tempered, police reports state.
Aides reported O’Neill had kicked the girl in the legs, hit her in the head with objects, pushed her to the floor and used a “weighted blanket” and a “body sock” — two therapy tools that restrict movement — to punish her.
The aides told police that O’Neill told the girl to get out of a chair on Oct. 12 and gave her “a good push,” causing the girl to trip and hit her head on the floor so hard she started to cry, although she rarely cries.
The girl went to the school nurse, who filled out an incident report based on what O’Neill told her — that the girl “tripped on chair leg — fell backwards on floor,” police records state.
The aides told police O’Neill struck the girl numerous times in December, including three times with a board and with her hand on Dec. 5; with her hand, an arm brace and twice with a binder on Dec. 12; with an arm brace on Dec. 17; and with a water bottle on Jan. 14.
When O’Neill pushed the girl on Jan. 18, she hit her head on a metal door frame and caused a lump, but O’Neill reported the girl “fell into a wall” and had “zero sign of head injury, applied ice,” police said.
A week later, O’Neill got out a blue weighted blanket and wrapped up the girl from head to toe with her hands at her side, and then let her go, one aide told police.
The girl lost her balance and hit her head as she fell to the floor, police reported. As she tried to free herself, she hit the base of a swing, and O’Neill chuckled, the aide told police.
O’Neill also used the body sock to cover the girl, pinning her arms to her sides, then gave her a little push, and the girl fell into a shelf and hit her head, the aide told police.
The girl’s parents told police that since O’Neill was removed from the classroom, the girl has been happier, more verbal, more social, a better sleeper and less aggressive when agitated.
Autistic boy allowed to hit head on wall
A boy in O’Neill’s class who is diagnosed with autism, seizure disorder and developmental delay, has the abilities of a 15- to 24-month-old child, police reports said. His mother says the boy does not know right from wrong in most cases, and has little understanding of consequences.
Aides told police that O’Neill would wheel his chair into the corner when the boy acted up at lunch, leaving him there. The boy would respond by hitting his head on the wall and O’Neill would say sarcastically, “don’t hit your head,” but allowed him to continue.
Once in the corner of the cafeteria, out of sight of most people, O’Neill would also twist his arm behind him or twist fingers until he cried out in pain, the aides said.
There is a chair the boy can be restrained in as an alternative way to control him, the aides said.
The boy has his own nurse with him at all times because of a seizure disorder, but O’Neill would not allow the nurse in the classroom because she said he is a distraction to learning, the aides said.
Girl backhanded in head, reports say
An 11-year-old girl who is in a wheelchair, who had half of her brain removed when she was 11 months old, still has a soft spot in her head where the sections of the skull do not meet. She is also prone to seizures.
O’Neill backhanded the girl in the head, fed her in a rough manner that caused the girl’s lip to bleed and degraded her in front of others, according to police reports.
An aide told police that O’Neill was feeding the girl on Jan. 28 and backhanded her in the head when the girl did not follow prompts to choose between a bite of food or a sip of her drink.The aide said O’Neill would ram the spoon in the girl’s mouth during meals so hard that her gums bled.
Boy, 8, came home with bruises
An 8-year-old boy in O’Neill’s class has Down syndrome and a seizure disorder. His mother told police he has come home from school with bruises on the back of his thighs.
The aides told police O’Neill has hit him in the head with a variety of objects, kicked him in the buttocks, slapped him and pulled a rag from his mouth so hard that it removed a tooth.
O’Neill also used a gait belt as a leash that left bruises and scratches on the boy’s back and neck.The boy just learned to walk and gets tired, and one day O’Neill placed a cloth belt across his chest and under his arms when he sat down on the floor to rest, the aides told police.
O’Neill used the belt to yank the boy to his feet several times, telling him, “You’re going to stand,” aides told police.
Another time, the boy bit down on a wash cloth O’Neill was using to clean out his mouth and she yanked it out so hard that a bottom tooth went flying over her right shoulder, the aides told police.
Last modified: Friday, Feb. 22, 2008 at 2:51 p.m.
http://www.heraldtribune.com/article/20080222/BREAKING/338604838/-1/news
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