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Naperville-area district's response to alleged assault debated

Indian Prairie case prompts look at school discipline policies

By Russell Working and Jo Napolitano | Tribune reporters

March 6, 2009

A Naperville father's campaign to spare his 11-year-old son from daily exposure to two boys who are accused of sexually assaulting him has sparked debate over whether the school district has gone too far to protect the rights of children accused of felonies.

Last fall, the two boys from Naperville's Gregory Middle School are alleged to have tied up the third and assaulted him inside a home.

They allegedly took photographs and showed them around school the next day, and when a dispute ensued, one of the boys reportedly punched the alleged victim. One suspect allegedly posted threats on MySpace.

Despite pleas from the boy's family, the school district has refused to move the alleged abusers from the school.

Now, months after the incidents began Nov. 11, Indian Prairie School District 204 is attempting to fend off charges that it erred in protecting the rights of the suspects over those of a traumatized child.

The father of the alleged victim has garnered support from dozens of other parents at school board meetings and at a state House committee hearing.

"My son showed tremendous courage initially in coming forth," said the father, who last month obtained a court order to prevent the suspects from coming within 100 feet of his son. "And we expect the adults who are in a position to resolve the situation to show at least as much courage in resolving it."

The Tribune is not identifying the boys or their parents in order to protect the privacy of the children.

The accused juveniles face felony charges of sexual abuse and sexual assault in Will County.

Indian Prairie officials said the district has no power to force children to transfer because of an off-campus incident, although one boy recently left on his own for a neighboring district.

"We cannot legally move students to a non-traditional alternative school or force them to receive their education at home," Supt. Stephen Daeschner wrote to parents.

But critics say the district should have acted after the in -school fight, which led to a misdemeanor battery charge against one boy.

School board member Alka Tyle said officials did take action then, but it didn't reach the level of expulsion.

She declined to elaborate, but board members said in a statement to parents that Gregory staff members were assigned to shadow the accused boys to prevent further problems.

A lawyer for the alleged victim's family said the child has encountered the other boys in the cafeteria, locker rooms and hallways.

"It just got to the point where they couldn't stand seeing their son take this embarrassment and also the trauma that was continuing and ongoing," said attorney Larry Oldfield.

Elizabeth Reed, a lawyer for one suspect, said the alleged victim's parents are coming "dangerously close" to violating her client's rights by speaking out about the case.

"He should be treated as if he is innocent," she said.

State Board of Education spokesman Matt Vanover said state law allows schools to expel students for "gross disobedience or misconduct," such as bringing a weapon on campus, but "there have been rulings in Illinois courts that schools have less leeway for discipline when incidents occur off school grounds."

The alleged victim's father told lawmakers Wednesday, "I'm here to tell you this was not a pantsing, this was not a wedgie, this is an order of magnitude way beyond that."