Chicago Public Schools (CPS) has agreed to pay $1.5 million to two families whose disabled sons were raped by the same student eight months apart.
Two students at William J. Bogan High School in Chicago were raped twice by the same student, who was also disabled.
The families’ joint attorney, Carolyn Daly, said the school did not notify the defendant’s teachers of the rapist after the first attack in 2016, and he was never followed in the restroom or removed from the school.
“Well, what happens when you do that?” Daley told CBS 2 in February. “Eight months later, he raped another child with a cognitive impairment in the bathroom of Bogan High School.”
CPS denied the allegations and tried twice to have the case dismissed, but has since settled for $1.5 million: $725,000 to go to the first student’s family and $850,000 to the second student’s family. Soon the case was taken to court.
“While nothing can change what their children have gone through because of the failures of Chicago public schools, this settlement will provide some justice and healing for these victims,” Daly told CBS News.
Two disabled boys were attacked by the same student, also disabled, on two separate occasions in the bathroom of William J. Bogan High School (pictured).
One of the boys was found in the bathroom (pictured in the school bathroom) hunched over with his pants down, along with the accused boy and another student who also participated in the special needs program.
CPS released a settlement statement stating that it “strongly believes that students affected by a legally recognized violation by the district should receive reasonable compensation that will eliminate the student’s injury.”
“There is a preliminary settlement agreement that resolves the issue in a way that is fair to the student and the taxpayers who fund the district.”
The school board is to approve the estimated figures at today’s meeting.
“This shouldn’t have happened in high school with special needs kids – or any other kid,” the father of one of the victims of CBS 2 said earlier this month. “We thought they would be safe at school.”
Daly said the 15-year-old victim was found in the bathroom, hunched over with his pants down, along with two other students, including a rapist accused who has 27 conduct violations, as well as violent behavior and sexual harassment.
All students participated in the Special Needs Cluster Program and had an “action plan” including building escort.
The parents also told CBS 2 that the principal asked their son to “stand up and show me how it happened” before asking the boy “does it hurt.”
— What is this question? his mother asked. “How the hell did this happen at school? I mean, no one was watching.
“You know, we thought he would be safe at school,” the father said.
The parents said they chose not to press charges against the rapist because they thought he needed help and instead sued the CPS for failing to protect their son. According to them, they learned about the attack only after their son told another classmate about the incident. This student reported this to the teacher.
The CPS argued that it was not obligated to protect the boy in the bathtub, but called the child’s testimony “mercenary.”
The parents, who spoke anonymously, said that students in their children’s program were to be escorted through the corridors of the school and watched in the toilets.
They also expressed shock that the school did nothing to protect other students despite knowing the history of the abuser with violent behavior and sexual harassment.
“The most vulnerable place for a child in school is the bathroom,” Daly said earlier this month.
The CPS lawyer also allegedly asked the boy “does he know what gay is?”
Another student’s mother said her son told her he was “injured and mentioned blood.”
“I’m crazy,” the unknown mother told CBS 2 in 2018. “He needed to be protected. He is vulnerable.
She also said at the time that her son’s Individualized Education Plan (IEP) required her son to be accompanied nearly everywhere in the school, as he had difficulty recognizing when he was in danger.
attempted to contact Chicago Public Schools and Daley for comment.
In 2018, CPS paid $1 million to a student’s family after he was accused of “sweeping under the rug” by two employees—a teacher and an assistant principal—who were suspended from the school over allegations of misconduct.
The teacher reportedly had a relationship with a student with special needs.