PITTSBURGH – An educator who was allegedly sexually assaulted by one of her students contends that the student’s former school did not advise her of his capacity for committing acts of violence and assault.
J.L.A. and J.W., her husband, filed suit in the Allegheny County Court of Common Pleas on Feb. 1 versus Adelphoi and Adelphoi Education, Inc. of Latrobe.
“SRR is a minor child with a date of birth of June 18, 2007. SRR is referred to by his initials throughout this complaint to maintain confidentiality because he is a minor. For most of his life, SRR has been a dependent foster child. From October 2020 through June 2022, SRR was a student at Adelphoi Hartford Heights. While SRR was a student at Adelphoi Hartford Heights, SRR physically assaulted a female staff member. It is believed and therefore averred that this incident took place in February 2022. During the incident, SRR slammed the staff member against the wall and tried to take her clothes off. SRR also broke a plastic cup over the female staff member’s head,” the suit says.
“It is believed and therefore averred that in September 2022, SRR was housed at a residence facility owned and operated by Adelphoi. It is believed and therefore averred that in September 2022, Adelphoi had care, custody and supervision of SRR. In September 2022, SRR transferred from Adelphoi Hartford Heights to Oliver Citywide Academy, a special education center within the Pittsburgh Public School District and located at 2323 Brighton Road, Pittsburgh, Allegheny County, Pennsylvania. On and before Sept. 23, 2022, plaintiff JLA, was a Learning Support/Emotional Support Teacher at Oliver. On Sept. 23, 2022 at approximately 10 a.m., an enrollment meeting was held by virtual means to discuss SRR’s enrollment at Oliver.”
The suit continues that JLA and a representative from the Adelphoi defendants attended the enrollment meeting on Sept. 23, 2022, but at no time during the virtual enrollment meeting did the representative “advise, discuss and/or describe the February 2022 incident wherein SRR physically assaulted and attempted to remove the clothing of a staff member.”
“Adelphoi and/or Adelphoi Education had a duty to advise Oliver and/or staff at Oliver, including plaintiff JLA that SRR had previously physically assaulted and attempted to remove the clothing of a staff member at Adelphoi Hartford Heights. If Adelphoi and/or Adelphoi Education had advised Oliver and/or staff at Oliver, including plaintiff JLA, of the prior assault, Oliver would have taken steps to minimize and/or prevent any further assaults by SRR on Oliver staff and/or students. It is believed and therefore averred that Oliver may have declined to enroll SRR at Oliver if Adelphoi and/or Adelphoi Education had advised Oliver and/or staff at Oliver of the prior assault. It is believed and therefore averred that Adelphoi and/or Adelphoi Education intentionally withheld information of the prior assault in order to avoid Oliver declining to enroll SRR at Oliver,” the suit states.
“From Sept. 27-29, 2022, SRR attended Oliver for the first time and was placed in JLA’s classroom. On Sept. 29, 2022, at approximately 9 a.m., SRR verbally, physically and sexually assaulted JLA in a classroom at Oliver. During the assault, SRR threatened to kill JLA. SRR is approximately 6’3” and 250 pounds. JLA suffered physical and emotional injuries as a direct and proximate result of the assault.”
For two counts of negligence, the plaintiffs are seeking damages in excess of the jurisdictional arbitration limits, plus interest and costs.
The plaintiffs are represented by Joshua P. Geist of Goodrich & Geist and Gary L. Ciao of Ciao Torisky & O’Connor, both in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-23-001592
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com